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From: apple!well.sf.ca.us!well!na...@uunet.uu.net (John Nagle)
Newsgroups: comp.dcom.telecom
Subject: Neidorf Trial - Press Release on Dismissal
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Date: 30 Jul 90 17:56:33 GMT
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Posted: Mon Jul 30 18:56:33 1990
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X-Telecom-Digest: Volume 10, Issue 530, Message 10 of 11
I was one of the technical experts working with the defense
team, and have just returned from Chicago. For now, I will just post
the press release issued by Neidorf's lawyers, but I will have more to
say at a future time.
John Nagle
FOR IMMEDIATE RELEASE
NEIDORF PRESS RELEASE
Chicago, Illinois -- July 27, 1990
In an extrraordinary development, the U.S. Attorney today
dismissed the indictment in the trial of Craig Neidorf, the editor and
publisher of "Phrack", a magazine of the computer underground.
Neidorf, a 20-year-old political science major at the University of
Missouri, had faced charges stemming from the publication of allegedly
proprietary information relating to the 911 emergency system. The
government's decision to dismiss the indictment is highly unusual.
The dismissal came a week into the trial after Neidorf's attorney,
Sheldon Zenner, of Kattin Muchin & Zavis, established that Neidorf had
never facilitated intrusions into any computer system. Also crucial
to the defense was Zenner's illustration of the fact that much of the
information contained in the allegedly proprietary document was
publicly available.
Zenner said the government's decision came after he provided the
prosecutors copies of publicly available documents which demonstrated
that the document Neidorf published electronically contained no secret
information. "The information in the document Craig electronically
published was easily available to anyone," Zenner stated. "It was so
public that BellSouth knew five months before Craig ever obtained the
document that it was electronically accessable to anyone with a
computer." he continued.
Zenner, a former Assistant U.S. Attorney, stated that, "The
dismissal is in the finest tradition of the U.S. Attorney's office.
They dismissed the case because it was the right thing to do. Craig
did no more than publish an article, something the First Amendment
allows him to do." Court observers cannot recall the U.S. Attorney
ever before dismissing a case once the trial commenced.
Neidorf and his family expressed relief and pleasure with the
outcome. Neidorf plans to finish his senior year at the University of
Missouri, and hopes to enter law school following graduation.
Zenner is a partner in the law firm of Katten Muchin & Zavis, and
is the head of the firm's White Collar Crime practice group. In
addition to its White Collar Crime practice, Katten Muchin practices
in the areas of litigation, corporate law, securities, banking, and
bankruptcy, labor, and estate planning.
Inquiries should be directed to
Sheldon Zenner
Katten Muchin & Zavis
525 W. Monroe Street
Suite 1600
Chicago, IL 60606-3693
312-902-5200