Path: sparky!uunet!think.com!ames!agate!telecom-request
Date: Fri, 10 Jul 1992 12:08:27 -0400
From: Gerard Van der Leun <v...@eff.org>
Newsgroups: comp.dcom.telecom
Subject: EFF Response to Recent Indictment
Message-ID: <telecom12.552.1@eecs.nwu.edu>
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X-Telecom-Digest: Volume 12, Issue 552, Message 1 of 11
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  FEDERAL HACKING INDICTMENTS ISSUED AGAINST FIVE IN NEW YORK CITY

Yesterday, Federal officials indicted five people in New York City for
computer crime. The indictments name Mark Abene (Phiber Optick), Julio
Fernandez (Outlaw), John Lee (Corrupt), Elias Ladopoulos (Acid
Phreak), and Paul Stria (Scorpion). The indictments charge that the
accused used their computers to access credit bureaus, other computer
systems, and make free long-distance calls.

Prosecutors revealed they relied on court-approved wiretaps to obtain
much of the evidence for their multiple-count indictment for wire
fraud, illegal wiretapping and conspiracy. Each count is punishable by
up to 5 years in prison. The defendants are scheduled to be arraigned
in Manhattan Federal Court on July 16. If found guilty on all counts
the defendants could face a maximum term of 50 years in prison and
fines of $2.5 million.

Otto Obermaier, U.S. Attorney, discounted suggestions that the acts
alleged in the indictment were only "pranks" and asserted that they
represented "the crime of the future." He also stated that one purpose
of the indictment was to send a message that "this kind of conduct
will not be tolerated."

Mark Abene, known to the computer community as Phiber Optick, denied
any wrongdoing.

The Electronic Frontier Foundation's staff counsel in Cambridge, Mike
Godwin is carefully reviewing the indictments.  Mitchell Kapor, EFF
President, stated today that: "EFF's position on unauthorized access
to computer systems is, and has always been, that it is wrong."

"Nevertheless," Kapor continued, "we have on previous occasions
discovered that allegations contained in Federal indictments can also
be wrong, and that civil liberties can be easily infringed in the
information age.  Because of this, we will be examining this case
closely to establish the facts."


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