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NuKE Issue 07-013
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NuKE-NuKE-NuKE-NuKE-NuKE-NuKE-NuKE-NuKE-NuKE-NuKE-NuKE-NuKE
uK E-
E- "CARO's Undisclosed _Illegal_ Meeting Agenda" Nu
Nu PART 2 KE
KE -N
-N By uK
uK Rock Steady E-
E- Nu
E-NuKE-NuKE-NuKE-NuKE-NuKE-NuKE-NuKE-NuKE-NuKE-NuKE-NuKE-Nu
NuKE InfoJournal #7
August 1993
% I've Been Watching You For A La-La-La-La-Long,
A La-La-La-La-LONG, Long Time %
% Amendment Seven of the CARO Meeting Agenda %
7. Proposed action against organised virus writing groups -
working group to be formed, I suggest, with 2/3 US members
(Glenn, Joe, Ross?), 1/2 Euros. It's mostly a US problem,
now that ARCV have gone :-).
We should set up a Murky Database (Handles, BBSes, Names,
Addresses.) The objective is to get a police prosecution
against anyone who is committing a crime (but not, of
course, against anyone who is not committing a crime)
I've read this paragraph several times over, and I just cannot believe the
filth in it. This above paragraph is certainly illegal, according to Canadian
and American law. This above paragraph goes against the Privacy Act.
I've looked at American, Canadian, English and Australian law concerning
about the Privacy Act(s). In Quebec (a province of Canada) we have adopted
Law 68 this spring. The law restricts/forbids the sale of lists, that
private companies have collected and stored. It gives Quebecers the right
to see information about them, that private companies have collected and
stored. It also reserves the right to database compilation lists to
governmental agencies ONLY!
However, CARO does not have any right whatsoever to create a database
to begin with, because it has no relation to those on the database. A
magazine company can have the right to create a database on its
subscribers, as it is needed to send out their product. CARO's database is
not composed of their clientele, it has no relation to those on its database.
CARO is acting like a law-abiding body, which it IS NOT. CARO intends to
compile a database of those "committing" a crime!
ONLY, and I repeat, ONLY government agencies can compile a list of
"criminals." But those on that list have been formally charged and tried
in a court of law. These government agencies have the right to say that
those on the list are criminals. But CARO is not a government agency,
it does not hold the power of jurisdiction on anyone or anywhere! CARO
can be charged for a conspiracy simply be compiling this list!
One has to understand that organized _virus_ groups, such as NuKE, are
rightfully legal. The law does not restrict the production of viral
code, the law CAN NEVER restrict the production of viral code, it would simply
be UNCONSTITUTIONAL if such a law were made. It's plain dumb, and we at NuKE
laugh at those like CARO, out to create such ridiculous law(s). One
also has to understand that _no_one_ can restrict what an individual does
in his/her personal computer. As long as it is in the privacy of their own
personal computer, and it does not affect anyone _directly_, you can do
whatever pleases thy soul.
And if people wish to share amongst themselves any new viral code, they can!
See, if the two parties agree in sharing viral code, no law has been broken.
Those that call a NuKE BBS (such as Cybernetic Violence) and request
virus base access are granted access upon validation. This too is legal!
Once you answer "yes" to the question of viral access, you have taken upon
the responsibility of receiving any virus. See both parties agreed on sharing
viral code, therefore neither of the parties were malinformed about the
viral sharing, and it does not affect anyone directly! Therefore this act
is legal according to law.
When is the law broken? Within NuKE this doesn't seem to occur, but lets look
at CARO, shall we...
Gathering information like a person's true name and address is enough for
CARO to break the law. People have a right to privacy, and once that right
has been taken away by some dimwit at CARO, once your right to privacy has
been raped from you, you can file suit for damages. In this situation, both
parties, (CARO and the person on the CARO list) did _not_ come to any
agreement what so ever, to be included in such a list. Also the CARO's list
implies that those on this list are law-breakers, criminals, bottom-of-the-food
-chain fungus. This is a great basis for suing for damages. You also have to
understand that CARO is NOT a governing body! Therefore CARO has _no right_ to
judge who is a criminal and who is not a criminal, as it does not hold the
power of the law. Therefore CARO can _never_ compile a list of virus writers
to be submitted for prosecution under legal boundaries.
The _fact_ of this database is so controversial, that we very well can see
a conspiracy in the making here. How is that? Well, HOW exact is this
database that CARO is compiling, what methods are they using to collect
this information? Are they trying to bond an Alias to a body? If CARO
has reason to believe that "Rock Steady" is the blame for some criminal
acts, who is to blame? Are we going to _presume_ that Joseph Greco is
Rock Steady? What are the implications of this, if it were true? Does Joseph
Greco contain any legal documents that tie him to the name Rock Steady? How
are you going to prove this? Also, how clear is he tied to the crime? Is the
crime the result of a computer virus created by Rock Steady? If that is the
case then for every murder resulting from a gun we should charge the
manufacturer of the gun, too! Oh how moronic, only someone belonging to CARO
could come up with such a rule.
I can scream out all day that Joseph Greco is Rock Steady, it still is not
valid in court. Information like that is invalid because it can be easily
replicated by anyone, it is not authentic like a signature or handwriting
style. But what is needed to get a prosecution is _not_ the fact that Joseph
Greco used the name Rock Steady, or the fact that Joseph Greco IS Rock Steady
for that fact, but that Joseph Greco was the one to commit the criminal act!
And it is _extremely_ difficult to proof that. Because you really need to be
110% sure that Joseph Greco committed the crime, and the only way to do that
is to convict him at the moment of the crime. Which is fairly impossible to do,
round the clock surveillance is required, which of course would require a
warrant.
The legal system is an amazing system at work, and all that is needed to
throw out a charge is one doubt. The legal system has to prove that you
committed that criminal act, _without_ any reasonable doubt. I've raised
several reasonable doubts, and can continue throwing them at you till I
die.
Statistic show that, of all computer criminal charges laid, only 25% (figures
were extracted from Statistic Canada, and relate to Canada computer crimes only)
have been found guilty. Of course we need to "trim" the figures to reflect
virus and security related criminal acts. In turn less then 5% would be the
result of virus and computer security acts. In 1991 operation Sundevil began
in the USA, which was conducted by the Secret Service; in turn, 50 arrests
were made, 200 computers and 50,000 diskettes were confiscated, and the
only charge to be brought to court was for the result of the E911 article
that was published in Phrack Magazine. In result the editor of the Phrack
magazine responsible for the article pleaded GUILTY, and yet found to be
not guilty as charges were dropped.
Steve Jackson Games filed a suit against the Secret Service for the illegal
confiscation of their computers and the damages caused by the Secret Service.
The Secret Service in turn was found guilty, and Steve Jackson was awarded
US$100,000.00 in damages. Therefore in fact, operation Sundevil was perhaps
the biggest flop ever to be conducted by the Secret Service, which lasted a
complete year, where salaries were being paid for hundreds of men, and in
result thousands of dollars loss in legal fees and a charge against them
which cost US$100,000.00, and every penny of operation Sundevil was from
taxpayer's money. Hard earned money of every day taxpayers like you and me,
that busted their hump earning each penny.
We are being raped by technology-driven companies, such as closed-circuit
television and electronic access cards used to monitor workers in offices.
Personal communications devices, which are changing how we use a telephone,
would be assigned to people, not fixed locations; that would make it possible
for the phone company to know where the caller and recipient were when a call
was made. These are security problems associated with cellular phones.
Hopefully one can understand where all this can possible lead to. We are
entitled to data-protection rights! Personal information should be collected
only where warranted, and use of it and access to it should be subject
to tight controls.
After reading this article, many of you might well be tempted to crawl into
your bed and pull the cover over your head. But that would be to succumb
to the "technological trance." Instead all of us should become _more_
vigilant, and press harder for our rights.
Rock Steady/NuKE
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