Computer underground Digest Wed July 28 1993 Volume 5 : Issue 56
ISSN 1004-042X
Editors: Jim Thomas and Gordon Meyer (TK0JUT2@NIU.BITNET)
Archivist: Brendan Kehoe
Shadow-Archivists: Dan Carosone / Paul Southworth
Ralph Sims / Jyrki Kuoppala
Ian Dickinson
Coop Eitidor: Etaoin Shrdlu, Senior
CONTENTS, #5.56 (July 28 1993)
File 1--Akron Anomaly BBS UpDate (Seizure Warrant)
File 2--Call for Paper: Computer Network Use and Abuse Conference
File 3--Credit Reports and National
File 4--UPDATE #19-AB1624: PROGRAMMERS! START YOUR ENGINES!
File 5--Community Network Survey Results Available
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----------------------------------------------------------------------
Date: 26 Jul 93 11:48:32 EDT
From: David Lehrer <71756.2116@COMPUSERVE.COM>
Subject: File 1--Akron Anomaly BBS UpDate (Seizure Warrant)
((MODERATORS' NOTE: The AKRON ANOMALY BBS was raided last summer
because of allegedly "pornographic" files it possessed (for
background, see CuD #5.23). Subsequent events indicated that the raid
was an excessive exercise in local law enforcement zeal. Under
pressure, the sysop pleaded guilty to a minor misdemeanor charge to
avoid costly legal entanglements. But, the case continues to raise
issues, and CuD will address some of these in a forthcoming issue. The
following is an update on the case)).
=-=-=-=-=-=-= Akron Anomaly =-=-=-=-=-=
Newsgroups:
akr.newsadmin,cle.general,oh.general,news.admin.policy,comp.org.e
There have been some recent developments in the Akron Anomaly case.
Briefly, some materials have been returned to Mark Lehrer, sysop of
The Akron Anomaly BBS. These materials do not include any of the
email that was on the system at the time it was seized
approximately one year ago. The email is being held by the Ohio
Bureau of Criminal Investigation.
=-=-=-=-=
This file contains:
<1> Description of property to be searched and seized (from search
warrant).
<2> Excerpts from the transcript of court proceedings, related to
the hardware to be forfeited.
<3> List of seized material (from David Lehrer).
<4> Notice from chief Stahl that returned software can be picked
up.
<5> List of actual items returned (from David Lehrer).
<6> Letter from chief Stahl saying the Ohio Bureau of Criminal
Investigation has everything else.
=-=-=-=-=
<1> Description of property to be searched and seized (from search
warrant).
Quote:
PROPERTY TO BE SEARCHED AND SEIZED
Computer(s) used to operate the Akron Anomaly Bulletin Board and
data contained in them, computer disks and/or tapes containing data
involved in the operation of the Akron Anomaly Bulletin Board,
records of users of the Akron Anomaly Bulletin Board and the items
they have uploaded to or downloaded from the Akron Anomaly Bulletin
Board, financial records related to the operation of the Akron
Anomaly Bulletin Board, and other associated items including but
not limited to modems, disk drives, printers and software programs.
{executed June 18, 1992}
=-=-=-=-=
IN THE COURT OF COMMON PLEAS
COUNTY OF SUMMIT
STATE OF OHIO, ) CASE NO. 92-07-1789
)
Plaintiff, ) Robert Incorvati
) Assistant Summit County
vs. ) Prosecutor
)
MARK LEHRER, ) Donald S. Varian
) Attorney at Law
Defendant. )
- - -
Visiting Judge Presiding: Lorain, Ohio--Robert J. Corts
TRANSCRIPT OF PROCEEDINGS March 8, 1993 {excerpts}
MR. INCORVATI: {prosecutor's explanation of reducing two 2nd degree
felonies to a 1st degree misdemeanor}
The State of Ohio is also in possession of Mr. Lehrer's
>computer system. It's my understanding that is currently in
>possession of BCI and according to Rule 11F negotiations will be
forfeited to BCI in Columbus.
THE COURT: Now, I'm not sure I understand the charges. Pandering
obscenity?
MR. INCORVATI: The original charge, that's correct.
THE COURT: Was that done by means of computer, is that what I
understand?
MR. INCORVATI: Exactly, exactly. It was a computer, computer log-
on network that was available, and at the time it appeared that
information that may have been accessible to that or through some
work been accessible to it may have involved minors.
With respect to the State's case, there is indeed question
as to whether in fact that is a provable point, whether the minors
were involved on that.
THE COURT: etc. . . .
--Continued--
THE COURT: Very well.
MR.VARIAN: Thank you, Your Honor. I would only add, I think, we
have agreed to the facts as have been presented other than I think
>there are unrelated soft disks, floppy disks that would be
>returned to the defendant that are unrelated to any sexual related
>matter.
> The hardware, I think, is what we agreed would go to the
>Bureau of Criminal Identification.
I think further that it's the prosecutor's position, and
correct me if I'm wrong, that we would be entering a plea to a
misdemeanor and they are not requesting any jail time or any
probation.
If that is the fact, at this time we are prepared to enter
a plea of guilty to possession of criminal tools and -- attempt to
possess criminal tools.
MR. INCORVATI: Attorney Varian is correct.
>THE COURT: So I understand, what needs to be forfeited
>specifically?
>>MR. INCORVATI: The hardware itself, if you will.
>THE COURT: What is that?
MR. INCORVATI: Specifically, I don't know. I can tell you that it
is a computer system.
THE COURT: Could you tell me?
>MR. VARIAN: My client would know the very best, but it's
>basically a computer, a disk drive, a -- is there a printer there
>-- and a printer.
>MR. INCORVATI: Also have the monitor and keyboard as well.
MR. VARIAN: Correct.
>>THE COURT: There is not going to be any difficulty with
>>identifying --
MR. VARIAN: They already have it.
>MR. INCORVATI: In fact, we are in possession of it.
In fact, also as attorney Varian states, we are in
possession of some of the software associated with that, that is
available for the defendant to pick up.
THE COURT: {continuation of the plea} . . .
=-=-=-=-=
<3> List of seized material (from David Lehrer).
MISSING ITEMS LIST:
for reference:
PROPERTY LISTED BY STEVE STAHL THAT HE TOOK FROM THE HOME OF DAVID
LEHRER, 58 BERMONT AVE., MUNROE FALLS, OH, ON 6/18/1992 UNDER THE
GUISE OF THE ABOVE SEARCH WARRANT--THIS LIST AS WRITTEN BY STAHL.
----------------------------------------------------------
Page 1-
ITEM # Quantity Description of property taken
1 1 US Robotics Modem
2 1 Home Built Computer
3 1 Loop Monitor
4 1 IBM Keyboard
5 1pk of 10 3.5 DD Diskettes
6 1 Epson Printer
7 1 Leaquer Int Corp (mouse)
8 1 Archive Corp Drive (cartridge tape)
----------------------------------------------------------
Page 2-
Item #
9 Misc. Wires
10 1- 5 1/4 Disc w/viruses
11 3- 3M DC 600A Data Cartridge Tapes
12 1- Letter w/check (fee)
13 1- OS2 IBM Operating System
14 1- Notebook w/documentation
15 1 pkg w/198 3 1/2 discs
16 1 pkg w/3 cases 210 5 1/4 discs
17 1 case w/59 5 1/4 discs
18 1 case w/89 5 1/4 discs
19 1 bag w/misc. records
----------------------------------------------------------
LIST OF ITEMS THAT SHOULD HAVE BEEN RETURNED:
PART A: Itemized List
1. Line Item 10: "1- 5 1/4 Disc w/ viruses"
These are anti-viral programs Mark uses in his normal work
activities. Stahl wouldn't recognize a 'virus' program if it
bit him.
2. Line Item 11: "3- 3M DC 600A Data Cartridge Tapes"
These had NO 'sexually related' matter of any kind on them.
3. Line Item 12: "Letter w/check (fee)"
This is NOT 'sexually related' matter.
4. Line Item 13: "OS2 IBM Operating System"
This is Mark's REGISTERED copy of IBM OS/2 Operating System.
Mark is an IBM-approved beta test site for IBM's OS/2
software. 'They' returned Mark's BACKUP discs of OS/2.
IBM takes a very dim view of use of mis-appropriated
REGISTERED software. (and this case is posted all over their
own internal network--at their request)
5. Line Item 14: "1- Notebook w/documentation"
This is NOT 'sexually related' matter.
6. Line Item 19: "1 bag w/misc. records"
This is NOT 'sexually related' matter.
7. Line Items 15-18:
a) 5 diskette storage cases.
b) Approximately 300 of the more than 560 diskettes taken
contained NO 'sexually related' matter whatsoever.
They DID contain an enormous library of entirely 'shareware'
programs.
PART B: Things Taken But Not Documented List
IMPORTANT: --we want four items returned that Stahl took, but did
NOT DOCUMENT on his seizure inventory list:
1) ALL E-mail of the several hundred Akron Anomaly users
improperly and (my opinion) illegally taken, examined and kept
by Steve Stahl. Also all FidoNet E-mail in automatic transfer
and/or storage when Stahl 'pulled the plug'.
2) All copies made of data from the Akron Anomaly. Disclosure
of all existent copied data and its location prior to its
return.
3) The listing file from the hard disk of all users of the Akron
Anomaly.
4) The detailed library file from the hard disk that identifies
each of the diskettes taken by Stahl. i.e. precisely those
that are shareware library and those that are input area
backups.
Backup copies of this missing data probably exist, either in
Stahl's department or OBCI (or BOTH). I can't imagine them not
making copies when checking out software that could have an auto-
destruct feature.
=-=-=-=-=
<4> Notice from Chief Stahl that returned software can be picked
up.
Quote:
May 5, 1993
"Bureau of Criminal Identification and Investigation has
returned to us certain software that they have determined is to be
returned to you. You need to come to the police station Monday -
Friday, 7:30AM - 3:30PM to pick up and sign for this property."
[signed: Steve Stahl]
=-=-=-=-=
<5> List of items actually returned (from David Lehrer).
The items 'returned' by OBCI were picked up and signed for at the
Munroe Falls police station on Friday, June 18, 1993 by Mark Lehrer
and his father David, with an attorney accompanying to oversee this
activity.
Items received Friday June 18th were:
53 diskettes
27 unopened/blank
16 with a commercial label i.e. DeScribe, Sierra
10 of OS/2 software backups
1 coaster for cold drinks
Period.
NO E-mail was returned.
=-=-=-=-=
<6> Letter from Chief Stahl saying the Ohio Bureau of Criminal
Investigation has everything else.
Quote:
June 21, 1993
Mr. Mark Lehrer
58 Bermont Ave.
Munroe Falls, Ohio 44262
Dear Mr. Lehrer,
I appreciate you coming in to pick up your property
on June 18, 1993. I did want to advise you that we have
no more of the equipment that was seized. The rest of it
was turned over to BCI. Based on your notation, it appears you
feel you are entitled to other materials. We were
told by the prosecutor's office that we would receive a
list of items you felt you were entitled to upon completion of the
case. The case was disposed of on March 8, 1993.
To date we have received no list. On May 4, 1993 any re-
maining equipment we had in our evidence was turned over to BCI
pursuant to the court ordered disposition.
If you feel additional items need to be returned, I
suggest you contact them at P.O. Box 365 London, Ohio 43140, Attn:
Investigations Supervisor.
Sincerely,
signed
Steve Stahl
COMMENT: Not even attorney Varian had heard of any such
arrangements as this. The individual referred to at OBCI is John
Lenhart, Superintendent. Note also Stahl's first letter is dated
May 5th, one day after his 'contact' with OBCI to turn over his
'evidence'. David Lehrer
------------------------------
Date: Mon, 26 Jul 93 11:31:40 EDT
From: Paul Higgins
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