Knight Lightning was cowed. He immediately began "cooperating fully" in the usual tradition of the digital underground.

He gave Foley a complete run of Phrack, printed out in a set of three-ring binders. He handed over his electronic mailing list of Phrack subscribers. Knight Lightning was grilled for four hours by Foley and his cohorts. Knight Lightning admitted that Prophet had passed him the E911 Document, and he admitted that he had known it was stolen booty from a hacker raid on a telephone company. Knight Lightning signed a statement to this effect, and agreed, in writing, to cooperate with investigators.

Next day—January 19, 1990, a Friday —the Secret Service returned with a search warrant, and thoroughly searched Knight Lightning's upstairs room in the fraternity house. They took all his floppy disks, though, interestingly, they left Knight Lightning in possession of both his computer and his modem. (The computer had no hard disk, and in Foley's judgement was not a store of evidence.) But this was a very minor bright spot among Knight Lightning's rapidly multiplying troubles. By this time, Knight Lightning was in plenty of hot water, not only with federal police, prosecutors, telco investigators, and university security, but with the elders of his own campus fraternity, who were outraged to think that they had been unwittingly harboring a federal computer-criminal.

On Monday, Knight Lightning was summoned to Chicago, where he was further grilled by Foley and USSS veteran agent Barbara Golden, this time with an attorney present. And on Tuesday, he was formally indicted by a federal grand jury.

The trial of Knight Lightning, which occurred on July 24-27, 1990, was the crucial show-trial of the Hacker Crackdown. We will examine the trial at some length in Part Four of this book.

In the meantime, we must continue our dogged pursuit of the E911 Document.

It must have been clear by January 1990 that the E911 Document, in the form Phrack had published it back in February 1989, had gone off at the speed of light in at least a hundred and fifty different directions. To attempt to put this electronic genie back in the bottle was flatly impossible.

And yet, the E911 Document was STILL stolen property, formally and legally speaking. Any electronic transference of this document, by anyone unauthorized to have it, could be interpreted as an act of wire fraud. Interstate transfer of stolen property, including electronic property, was a federal crime.

The Chicago Computer Fraud and Abuse Task Force had been assured that the E911 Document was worth a hefty sum of money. In fact, they had a precise estimate of its worth from BellSouth security personnel: $79,449. A sum of this scale seemed to warrant vigorous prosecution. Even if the damage could not be undone, at least this large sum offered a good legal pretext for stern punishment of the thieves. It seemed likely to impress judges and juries. And it could be used in court to mop up the Legion of Doom.

The Atlanta crowd was already in the bag, by the time the Chicago Task Force had gotten around to Phrack. But the Legion was a hydra-headed thing. In late 89, a brand-new Legion of Doom board, "Phoenix Project," had gone up in Austin, Texas. Phoenix Project was sysoped by no less a man than the Mentor himself, ably assisted by University of Texas student and hardened Doomster "Erik Bloodaxe."

As we have seen from his Phrack manifesto, the Mentor was a hacker zealot who regarded computer intrusion as something close to a moral duty. Phoenix Project was an ambitious effort, intended to revive the digital underground to what Mentor considered the full flower of the early 80s. The Phoenix board would also boldly bring elite hackers face-to-face with the telco "opposition." On "Phoenix," America's cleverest hackers would supposedly shame the telco squareheads out of their stick-in-the-mud attitudes, and perhaps convince them that the Legion of Doom elite were really an all-right crew. The premiere of "Phoenix Project" was heavily trumpeted by Phrack,and "Phoenix Project" carried a complete run of Phrack issues, including the E911 Document as Phrack had published it.

Phoenix Project was only one of many—possibly hundreds—of nodes and boards all over America that were in guilty possession of the E911 Document. But Phoenix was an outright, unashamed Legion of Doom board. Under Mentor's guidance, it was flaunting itself in the face of telco security personnel. Worse yet, it was actively trying to WIN THEM OVER as sympathizers for the digital underground elite. "Phoenix" had no cards or codes on it. Its hacker elite considered Phoenix at least technically legal. But Phoenix was a corrupting influence, where hacker anarchy was eating away like digital acid at the underbelly of corporate propriety.

The Chicago Computer Fraud and Abuse Task Force now prepared to descend upon Austin, Texas.

Oddly, not one but TWO trails of the Task Force's investigation led toward Austin. The city of Austin, like Atlanta, had made itself a bulwark of the Sunbelt's Information Age, with a strong university research presence, and a number of cutting-edge electronics companies, including Motorola, Dell, CompuAdd, IBM, Sematech and MCC.

Where computing machinery went, hackers generally followed. Austin boasted not only "Phoenix Project," currently LoD's most flagrant underground board, but a number of UNIX nodes.

One of these nodes was "Elephant," run by a UNIX consultant named Robert Izenberg. Izenberg, in search of a relaxed Southern lifestyle and a lowered cost-of-living, had recently migrated to Austin from New Jersey. In New Jersey, Izenberg had worked for an independent contracting company, programming UNIX code for AT&T itself. "Terminus" had been a frequent user on Izenberg's privately owned Elephant node.

Having interviewed Terminus and examined the records on Netsys, the Chicago Task Force were now convinced that they had discovered an underground gang of UNIX software pirates, who were demonstrably guilty of interstate trafficking in illicitly copied AT&T source code. Izenberg was swept into the dragnet around Terminus, the self-proclaimed ultimate UNIX hacker.

Izenberg, in Austin, had settled down into a UNIX job with a Texan branch of IBM. Izenberg was no longer working as a contractor for AT&T, but he had friends in New Jersey, and he still logged on to AT&T UNIX computers back in New Jersey, more or less whenever it pleased him. Izenberg's activities appeared highly suspicious to the Task Force. Izenberg might well be breaking into AT&T computers, swiping AT&T software, and passing it to Terminus and other possible confederates, through the UNIX node network. And this data was worth, not merely $79,499, but hundreds of thousands of dollars!

On February 21, 1990, Robert Izenberg arrived home from work at IBM to find that all the computers had mysteriously vanished from his Austin apartment. Naturally he assumed that he had been robbed. His "Elephant" node, his other machines, his notebooks, his disks, his tapes, all gone! However, nothing much else seemed disturbed—the place had not been ransacked. The puzzle becaming much stranger some five minutes later. Austin U. S. Secret Service Agent Al Soliz, accompanied by University of Texas campus-security officer Larry Coutorie and the ubiquitous Tim Foley, made their appearance at Izenberg's door. They were in plain clothes: slacks, polo shirts. They came in, and Tim Foley accused Izenberg of belonging to the Legion of Doom.

Izenberg told them that he had never heard of the "Legion of Doom." And what about a certain stolen E911 Document, that posed a direct threat to the police emergency lines? Izenberg claimed that he'd never heard of that, either.

His interrogators found this difficult to believe. Didn't he know Terminus?

Who?

They gave him Terminus's real name. Oh yes, said Izenberg. He knew THAT guy all right—he was leading discussions on the Internet about AT&T computers, especially the AT&T 3B2.

AT&T had thrust this machine into the marketplace, but, like many of AT&T's ambitious attempts to enter the computing arena, the 3B2 project had something less than a glittering success. Izenberg himself had been a contractor for the division of AT&T that supported the 3B2. The entire division had been shut down.

Nowadays, the cheapest and quickest way to get help with this fractious piece of machinery was to join one of Terminus's discussion groups on the Internet, where friendly and knowledgeable hackers would help you for free. Naturally the remarks within this group were less than flattering about the Death Star ... was THAT the problem?

Foley told Izenberg that Terminus had been acquiring hot software through his, Izenberg's, machine.

Izenberg shrugged this off. A good eight megabytes of data flowed through his UUCP site every day. UUCP nodes spewed data like fire hoses. Elephant had been directly linked to Netsys—not surprising, since Terminus was a 3B2 expert and Izenberg had been a 3B2 contractor. Izenberg was also linked to "attctc" and the University of Texas. Terminus was a well-known UNIX expert, and might have been up to all manner of hijinks on Elephant. Nothing Izenberg could do about that. That was physically impossible. Needle in a haystack.

In a four-hour grilling, Foley urged Izenberg to come clean and admit that he was in conspiracy with Terminus, and a member of the Legion of Doom.

Izenberg denied this. He was no weirdo teenage hacker—he was thirty-two years old, and didn't even have a "handle." Izenberg was a former TV technician and electronics specialist who had drifted into UNIX consulting as a full-grown adult. Izenberg had never met Terminus, physically. He'd once bought a cheap high-speed modem from him, though.

Foley told him that this modem (a Telenet T2500 which ran at 19.2 kilobaud, and which had just gone out Izenberg's door in Secret Service custody) was likely hot property. Izenberg was taken aback to hear this; but then again, most of Izenberg's equipment, like that of most freelance professionals in the industry, was discounted, passed hand-to-hand through various kinds of barter and gray-market. There was no proof that the modem was stolen, and even if it were, Izenberg hardly saw how that gave them the right to take every electronic item in his house.

Still, if the United States Secret Service figured they needed his computer for national security reasons—or whatever—then Izenberg would not kick. He figured he would somehow make the sacrifice of his twenty thousand dollars' worth of professional equipment, in the spirit of full cooperation and good citizenship.

Robert Izenberg was not arrested. Izenberg was not charged with any crime. His UUCP node—full of some 140 megabytes of the files, mail, and data of himself and his dozen or so entirely innocent users—went out the door as "evidence." Along with the disks and tapes, Izenberg had lost about 800 megabytes of data.

Six months would pass before Izenberg decided to phone the Secret Service and ask how the case was going. That was the first time that Robert Izenberg would ever hear the name of William Cook. As of January 1992, a full two years after the seizure, Izenberg, still not charged with any crime, would be struggling through the morass of the courts, in hope of recovering his thousands of dollars' worth of seized equipment.

In the meantime, the Izenberg case received absolutely no press coverage. The Secret Service had walked into an Austin home, removed a UNIX bulletin-board system, and met with no operational difficulties whatsoever.

Except that word of a crackdown had percolated through the Legion of Doom. "The Mentor" voluntarily shut down "The Phoenix Project." It seemed a pity, especially as telco security employees had, in fact, shown up on Phoenix, just as he had hoped—along with the usual motley crowd of LoD heavies, hangers-on, phreaks, hackers and wannabes. There was "Sandy" Sandquist from US SPRINT security, and some guy named Henry Kluepfel, from Bellcore itself! Kluepfel had been trading friendly banter with hackers on Phoenix since January 30th (two weeks after the Martin Luther King Day Crash). The presence of such a stellar telco official seemed quite the coup for Phoenix Project.

Still, Mentor could judge the climate. Atlanta in ruins, Phrack in deep trouble, something weird going on with UNIX nodes—discretion was advisable. Phoenix Project went off-line.

Kluepfel, of course, had been monitoring this LoD bulletin board for his own purposes—and those of the Chicago unit. As far back as June 1987, Kluepfel had logged on to a Texas underground board called "Phreak Klass 2600." There he'd discovered an Chicago youngster named "Shadowhawk," strutting and boasting about rifling AT&T computer files, and bragging of his ambitions to riddle AT&T's Bellcore computers with trojan horse programs. Kluepfel had passed the news to Cook in Chicago, Shadowhawk's computers had gone out the door in Secret Service custody, and Shadowhawk himself had gone to jail.

Now it was Phoenix Project's turn. Phoenix Project postured about "legality" and "merely intellectual interest," but it reeked of the underground. It had Phrack on it. It had the E911 Document. It had a lot of dicey talk about breaking into systems, including some bold and reckless stuff about a supposed "decryption service" that Mentor and friends were planning to run, to help crack encrypted passwords off of hacked systems.

Mentor was an adult. There was a bulletin board at his place of work, as well. Kleupfel logged onto this board, too, and discovered it to be called "Illuminati." It was run by some company called Steve Jackson Games.

On March 1, 1990, the Austin crackdown went into high gear.

On the morning of March 1—a Thursday—21-year-old University of Texas student "Erik Bloodaxe," co-sysop of Phoenix Project and an avowed member of the Legion of Doom, was wakened by a police revolver levelled at his head.

Bloodaxe watched, jittery, as Secret Service agents appropriated his 300 baud terminal and, rifling his files, discovered his treasured source-code for Robert Morris's notorious Internet Worm. But Bloodaxe, a wily operator, had suspected that something of the like might be coming. All his best equipment had been hidden away elsewhere. The raiders took everything electronic, however, including his telephone. They were stymied by his hefty arcade-style Pac-Man game, and left it in place, as it was simply too heavy to move.

Bloodaxe was not arrested. He was not charged with any crime. A good two years later, the police still had what they had taken from him, however.

The Mentor was less wary. The dawn raid rousted him and his wife from bed in their underwear, and six Secret Service agents, accompanied by an Austin policeman and Henry Kluepfel himself, made a rich haul. Off went the works, into the agents' white Chevrolet minivan: an IBM PC-AT clone with 4 meg of RAM and a 120-meg hard disk; a Hewlett-Packard LaserJet II printer; a completely legitimate and highly expensive SCO-Xenix 286 operating system; Pagemaker disks and documentation; and the Microsoft Word word-processing program. Mentor's wife had her incomplete academic thesis stored on the hard-disk; that went, too, and so did the couple's telephone. As of two years later, all this property remained in police custody.

Mentor remained under guard in his apartment as agents prepared to raid Steve Jackson Games. The fact that this was a business headquarters and not a private residence did not deter the agents. It was still very early; no one was at work yet. The agents prepared to break down the door, but Mentor, eavesdropping on the Secret Service walkie-talkie traffic, begged them not to do it, and offered his key to the building.

The exact details of the next events are unclear. The agents would not let anyone else into the building. Their search warrant, when produced, was unsigned. Apparently they breakfasted from the local "Whataburger," as the litter from hamburgers was later found inside. They also extensively sampled a bag of jellybeans kept by an SJG employee. Someone tore a "Dukakis for President" sticker from the wall.

SJG employees, diligently showing up for the day's work, were met at the door and briefly questioned by U.S. Secret Service agents. The employees watched in astonishment as agents wielding crowbars and screwdrivers emerged with captive machines. They attacked outdoor storage units with boltcutters. The agents wore blue nylon windbreakers with "SECRET SERVICE" stencilled across the back, with running-shoes and jeans.

Jackson's company lost three computers, several hard-disks, hundred of floppy disks, two monitors, three modems, a laser printer, various powercords, cables, and adapters (and, oddly, a small bag of screws, bolts and nuts). The seizure of Illuminati BBS deprived SJG of all the programs, text files, and private e-mail on the board. The loss of two other SJG computers was a severe blow as well, since it caused the loss of electronically stored contracts, financial projections, address directories, mailing lists, personnel files, business correspondence, and, not least, the drafts of forthcoming games and gaming books.

No one at Steve Jackson Games was arrested. No one was accused of any crime. No charges were filed. Everything appropriated was officially kept as "evidence" of crimes never specified.

After the Phrack show-trial, the Steve Jackson Games scandal was the most bizarre and aggravating incident of the Hacker Crackdown of 1990. This raid by the Chicago Task Force on a science-fiction gaming publisher was to rouse a swarming host of civil liberties issues, and gave rise to an enduring controversy that was still re-complicating itself, and growing in the scope of its implications, a full two years later.

The pursuit of the E911 Document stopped with the Steve Jackson Games raid. As we have seen, there were hundreds, perhaps thousands of computer users in America with the E911 Document in their possession. Theoretically, Chicago had a perfect legal right to raid any of these people, and could have legally seized the machines of anybody who subscribed to Phrack. However, there was no copy of the E911 Document on Jackson's Illuminati board. And there the Chicago raiders stopped dead; they have not raided anyone since.

It might be assumed that Rich Andrews and Charlie Boykin, who had brought the E911 Document to the attention of telco security, might be spared any official suspicion. But as we have seen, the willingness to "cooperate fully" offers little, if any, assurance against federal anti-hacker prosecution.

Richard Andrews found himself in deep trouble, thanks to the E911 Document. Andrews lived in Illinois, the native stomping grounds of the Chicago Task Force. On February 3 and 6, both his home and his place of work were raided by USSS. His machines went out the door, too, and he was grilled at length (though not arrested). Andrews proved to be in purportedly guilty possession of: UNIX SVR 3.2; UNIX SVR 3.1; UUCP; PMON; WWB; IWB; DWB; NROFF; KORN SHELL '88; C++; and QUEST, among other items. Andrews had received this proprietary code—which AT&T officially valued at well over $250,000—through the UNIX network, much of it supplied to him as a personal favor by Terminus. Perhaps worse yet, Andrews admitted to returning the favor, by passing Terminus a copy of AT&T proprietary STARLAN source code.

Even Charles Boykin, himself an AT&T employee, entered some very hot water. By 1990, he'd almost forgotten about the E911 problem he'd reported in September 88; in fact, since that date, he'd passed two more security alerts to Jerry Dalton, concerning matters that Boykin considered far worse than the E911 Document.

But by 1990, year of the crackdown, AT&T Corporate Information Security was fed up with "Killer." This machine offered no direct income to AT&T, and was providing aid and comfort to a cloud of suspicious yokels from outside the company, some of them actively malicious toward AT&T, its property, and its corporate interests. Whatever goodwill and publicity had been won among Killer's 1,500 devoted users was considered no longer worth the security risk. On February 20, 1990, Jerry Dalton arrived in Dallas and simply unplugged the phone jacks, to the puzzled alarm of Killer's many Texan users. Killer went permanently off-line, with the loss of vast archives of programs and huge quantities of electronic mail; it was never restored to service. AT&T showed no particular regard for the "property" of these 1,500 people. Whatever "property" the users had been storing on AT&T's computer simply vanished completely.

Boykin, who had himself reported the E911 problem, now found himself under a cloud of suspicion. In a weird private-security replay of the Secret Service seizures, Boykin's own home was visited by AT&T Security and his own machines were carried out the door.

However, there were marked special features in the Boykin case. Boykin's disks and his personal computers were swiftly examined by his corporate employers and returned politely in just two days—(unlike Secret Service seizures, which commonly take months or years). Boykin was not charged with any crime or wrongdoing, and he kept his job with AT&T (though he did retire from AT&T in September 1991, at the age of 52).

It's interesting to note that the US Secret Service somehow failed to seize Boykin's "Killer" node and carry AT&T's own computer out the door. Nor did they raid Boykin's home. They seemed perfectly willing to take the word of AT&T Security that AT&T's employee, and AT&T's "Killer" node, were free of hacker contraband and on the up-and-up.

It's digital water-under-the-bridge at this point, as Killer's 3,200 megabytes of Texan electronic community were erased in 1990, and "Killer" itself was shipped out of the state.

But the experiences of Andrews and Boykin, and the users of their systems, remained side issues. They did not begin to assume the social, political, and legal importance that gathered, slowly but inexorably, around the issue of the raid on Steve Jackson Games.

#

We must now turn our attention to Steve Jackson Games itself, and explain what SJG was, what it really did, and how it had managed to attract this particularly odd and virulent kind of trouble. The reader may recall that this is not the first but the second time that the company has appeared in this narrative; a Steve Jackson game called GURPS was a favorite pastime of Atlanta hacker Urvile, and Urvile's science-fictional gaming notes had been mixed up promiscuously with notes about his actual computer intrusions.

First, Steve Jackson Games, Inc., was NOT a publisher of "computer games." SJG published "simulation games," parlor games that were played on paper, with pencils, and dice, and printed guidebooks full of rules and statistics tables. There were no computers involved in the games themselves. When you bought a Steve Jackson Game, you did not receive any software disks. What you got was a plastic bag with some cardboard game tokens, maybe a few maps or a deck of cards. Most of their products were books.

However, computers WERE deeply involved in the Steve Jackson Games business. Like almost all modern publishers, Steve Jackson and his fifteen employees used computers to write text, to keep accounts, and to run the business generally. They also used a computer to run their official bulletin board system for Steve Jackson Games, a board called Illuminati. On Illuminati, simulation gamers who happened to own computers and modems could associate, trade mail, debate the theory and practice of gaming, and keep up with the company's news and its product announcements.

Illuminati was a modestly popular board, run on a small computer with limited storage, only one phone-line, and no ties to large-scale computer networks. It did, however, have hundreds of users, many of them dedicated gamers willing to call from out-of-state.

Illuminati was NOT an "underground" board. It did not feature hints on computer intrusion, or "anarchy files," or illicitly posted credit card numbers, or long-distance access codes. Some of Illuminati's users, however, were members of the Legion of Doom. And so was one of Steve Jackson's senior employees—the Mentor. The Mentor wrote for Phrack, and also ran an underground board, Phoenix Project—but the Mentor was not a computer professional. The Mentor was the managing editor of Steve Jackson Games and a professional game designer by trade. These LoD members did not use Illuminati to help their HACKING activities. They used it to help their GAME-PLAYING activities—and they were even more dedicated to simulation gaming than they were to hacking.

"Illuminati" got its name from a card-game that Steve Jackson himself, the company's founder and sole owner, had invented. This multi-player card-game was one of Mr Jackson's best-known, most successful, most technically innovative products. "Illuminati" was a game of paranoiac conspiracy in which various antisocial cults warred covertly to dominate the world. "Illuminati" was hilarious, and great fun to play, involving flying saucers, the CIA, the KGB, the phone companies, the Ku Klux Klan, the South American Nazis, the cocaine cartels, the Boy Scouts, and dozens of other splinter groups from the twisted depths of Mr. Jackson's professionally fervid imagination. For the uninitiated, any public discussion of the "Illuminati" card-game sounded, by turns, utterly menacing or completely insane.

And then there was SJG's "Car Wars," in which souped-up armored hot-rods with rocket-launchers and heavy machine-guns did battle on the American highways of the future. The lively Car Wars discussion on the Illuminati board featured many meticulous, painstaking discussions of the effects of grenades, land-mines, flamethrowers and napalm. It sounded like hacker anarchy files run amuck.

Mr Jackson and his co-workers earned their daily bread by supplying people with make-believe adventures and weird ideas. The more far-out, the better.

Simulation gaming is an unusual pastime, but gamers have not generally had to beg the permission of the Secret Service to exist. Wargames and role-playing adventures are an old and honored pastime, much favored by professional military strategists. Once little-known, these games are now played by hundreds of thousands of enthusiasts throughout North America, Europe and Japan. Gaming-books, once restricted to hobby outlets, now commonly appear in chain-stores like B. Dalton's and Waldenbooks, and sell vigorously.

Steve Jackson Games, Inc., of Austin, Texas, was a games company of the middle rank. In 1989, SJG grossed about a million dollars. Jackson himself had a good reputation in his industry as a talented and innovative designer of rather unconventional games, but his company was something less than a titan of the field—certainly not like the multimillion-dollar TSR Inc., or Britain's gigantic "Games Workshop." SJG's Austin headquarters was a modest two-story brick office-suite, cluttered with phones, photocopiers, fax machines and computers. It bustled with semi-organized activity and was littered with glossy promotional brochures and dog-eared science-fiction novels. Attached to the offices was a large tin-roofed warehouse piled twenty feet high with cardboard boxes of games and books. Despite the weird imaginings that went on within it, the SJG headquarters was quite a quotidian, everyday sort of place. It looked like what it was: a publishers' digs.

Both "Car Wars" and "Illuminati" were well-known, popular games. But the mainstay of the Jackson organization was their Generic Universal Role-Playing System, "G.U.R.P.S." The GURPS system was considered solid and well-designed, an asset for players. But perhaps the most popular feature of the GURPS system was that it allowed gaming-masters to design scenarios that closely resembled well-known books, movies, and other works of fantasy. Jackson had licensed and adapted works from many science fiction and fantasy authors. There was GURPS Conan, GURPS Riverworld, GURPS Horseclans, GURPS Witch World, names eminently familiar to science-fiction readers. And there was GURPS Special Ops, from the world of espionage fantasy and unconventional warfare.

And then there was GURPS Cyberpunk.

"Cyberpunk" was a term given to certain science fiction writers who had entered the genre in the 1980s. "Cyberpunk," as the label implies, had two general distinguishing features. First, its writers had a compelling interest in information technology, an interest closely akin to science fiction's earlier fascination with space travel. And second, these writers were "punks," with all the distinguishing features that that implies: Bohemian artiness, youth run wild, an air of deliberate rebellion, funny clothes and hair, odd politics, a fondness for abrasive rock and roll; in a word, trouble.

The "cyberpunk" SF writers were a small group of mostly college-educated white middle-class litterateurs, scattered through the US and Canada. Only one, Rudy Rucker, a professor of computer science in Silicon Valley, could rank with even the humblest computer hacker. But, except for Professor Rucker, the "cyberpunk" authors were not programmers or hardware experts; they considered themselves artists (as, indeed, did Professor Rucker). However, these writers all owned computers, and took an intense and public interest in the social ramifications of the information industry.

The cyberpunks had a strong following among the global generation that had grown up in a world of computers, multinational networks, and cable television. Their outlook was considered somewhat morbid, cynical, and dark, but then again, so was the outlook of their generational peers. As that generation matured and increased in strength and influence, so did the cyberpunks. As science-fiction writers went, they were doing fairly well for themselves. By the late 1980s, their work had attracted attention from gaming companies, including Steve Jackson Games, which was planning a cyberpunk simulation for the flourishing GURPS gaming-system.

The time seemed ripe for such a product, which had already been proven in the marketplace. The first games-company out of the gate, with a product boldly called "Cyberpunk" in defiance of possible infringement-of-copyright suits, had been an upstart group called R. Talsorian. Talsorian's Cyberpunk was a fairly decent game, but the mechanics of the simulation system left a lot to be desired. Commercially, however, the game did very well.

The next cyberpunk game had been the even more successful Shadowrun by FASA Corporation. The mechanics of this game were fine, but the scenario was rendered moronic by sappy fantasy elements like elves, trolls, wizards, and dragons—all highly ideologically-incorrect, according to the hard-edged, high-tech standards of cyberpunk science fiction.

Other game designers were champing at the bit. Prominent among them was the Mentor, a gentleman who, like most of his friends in the Legion of Doom, was quite the cyberpunk devotee. Mentor reasoned that the time had come for a REAL cyberpunk gaming-book—one that the princes of computer-mischief in the Legion of Doom could play without laughing themselves sick. This book, GURPS Cyberpunk, would reek of culturally on-line authenticity.

Mentor was particularly well-qualified for this task. Naturally, he knew far more about computer-intrusion and digital skullduggery than any previously published cyberpunk author. Not only that, but he was good at his work. A vivid imagination, combined with an instinctive feeling for the working of systems and, especially, the loopholes within them, are excellent qualities for a professional game designer.

By March 1st, GURPS Cyberpunk was almost complete, ready to print and ship. Steve Jackson expected vigorous sales for this item, which, he hoped, would keep the company financially afloat for several months. GURPS Cyberpunk, like the other GURPS "modules," was not a "game" like a Monopoly set, but a BOOK: a bound paperback book the size of a glossy magazine, with a slick color cover, and pages full of text, illustrations, tables and footnotes. It was advertised as a game, and was used as an aid to game-playing, but it was a book, with an ISBN number, published in Texas, copyrighted, and sold in bookstores.

And now, that book, stored on a computer, had gone out the door in the custody of the Secret Service.

The day after the raid, Steve Jackson visited the local Secret Service headquarters with a lawyer in tow. There he confronted Tim Foley (still in Austin at that time) and demanded his book back. But there was trouble. GURPS Cyberpunk, alleged a Secret Service agent to astonished businessman Steve Jackson, was "a manual for computer crime."

"It's science fiction," Jackson said.

"No, this is real."

This statement was repeated several times, by several agents. Jackson's ominously accurate game had passed from pure, obscure, small-scale fantasy into the impure, highly publicized, large-scale fantasy of the Hacker Crackdown.

No mention was made of the real reason for the search. According to their search warrant, the raiders had expected to find the E911 Document stored on Jackson's bulletin board system. But that warrant was sealed; a procedure that most law enforcement agencies will use only when lives are demonstrably in danger. The raiders' true motives were not discovered until the Jackson search-warrant was unsealed by his lawyers, many months later. The Secret Service, and the Chicago Computer Fraud and Abuse Task Force, said absolutely nothing to Steve Jackson about any threat to the police 911 System. They said nothing about the Atlanta Three, nothing about Phrack or Knight Lightning, nothing about Terminus.

Jackson was left to believe that his computers had been seized because he intended to publish a science fiction book that law enforcement considered too dangerous to see print.

This misconception was repeated again and again, for months, to an ever-widening public audience. It was not the truth of the case; but as months passed, and this misconception was publicly printed again and again, it became one of the few publicly known "facts" about the mysterious Hacker Crackdown. The Secret Service had seized a computer to stop the publication of a cyberpunk science fiction book.

The second section of this book, "The Digital Underground," is almost finished now. We have become acquainted with all the major figures of this case who actually belong to the underground milieu of computer intrusion. We have some idea of their history, their motives, their general modus operandi. We now know, I hope, who they are, where they came from, and more or less what they want. In the next section of this book, "Law and Order," we will leave this milieu and directly enter the world of America's computer-crime police.

At this point, however, I have another figure to introduce: myself.

My name is Bruce Sterling. I live in Austin, Texas, where I am a science fiction writer by trade: specifically, a CYBERPUNK science fiction writer.

Like my "cyberpunk" colleagues in the U.S. and Canada, I've never been entirely happy with this literary label—especially after it became a synonym for computer criminal. But I did once edit a book of stories by my colleagues, called Mirrorshades: the Cyberpunk Anthology, and I've long been a writer of literary-critical cyberpunk manifestos. I am not a "hacker" of any description, though I do have readers in the digital underground.

When the Steve Jackson Games seizure occurred, I naturally took an intense interest. If "cyberpunk" books were being banned by federal police in my own home town, I reasonably wondered whether I myself might be next. Would my computer be seized by the Secret Service? At the time, I was in possession of an aging Apple IIe without so much as a hard disk. If I were to be raided as an author of computer-crime manuals, the loss of my feeble word-processor would likely provoke more snickers than sympathy.

I'd known Steve Jackson for many years. We knew one another as colleagues, for we frequented the same local science-fiction conventions. I'd played Jackson games, and recognized his cleverness; but he certainly had never struck me as a potential mastermind of computer crime.

I also knew a little about computer bulletin-board systems. In the mid-1980s I had taken an active role in an Austin board called "SMOF-BBS," one of the first boards dedicated to science fiction. I had a modem, and on occasion I'd logged on to Illuminati, which always looked entertainly wacky, but certainly harmless enough.

At the time of the Jackson seizure, I had no experience whatsoever with underground boards. But I knew that no one on Illuminati talked about breaking into systems illegally, or about robbing phone companies. Illuminati didn't even offer pirated computer games. Steve Jackson, like many creative artists, was markedly touchy about theft of intellectual property.

It seemed to me that Jackson was either seriously suspected of some crime—in which case, he would be charged soon, and would have his day in court—or else he was innocent, in which case the Secret Service would quickly return his equipment, and everyone would have a good laugh. I rather expected the good laugh. The situation was not without its comic side. The raid, known as the "Cyberpunk Bust" in the science fiction community, was winning a great deal of free national publicity both for Jackson himself and the "cyberpunk" science fiction writers generally.

Besides, science fiction people are used to being misinterpreted. Science fiction is a colorful, disreputable, slipshod occupation, full of unlikely oddballs, which, of course, is why we like it. Weirdness can be an occupational hazard in our field. People who wear Halloween costumes are sometimes mistaken for monsters.

Once upon a time—back in 1939, in New York City—science fiction and the U.S. Secret Service collided in a comic case of mistaken identity. This weird incident involved a literary group quite famous in science fiction, known as "the Futurians," whose membership included such future genre greats as Isaac Asimov, Frederik Pohl, and Damon Knight. The Futurians were every bit as offbeat and wacky as any of their spiritual descendants, including the cyberpunks, and were given to communal living, spontaneous group renditions of light opera, and midnight fencing exhibitions on the lawn. The Futurians didn't have bulletin board systems, but they did have the technological equivalent in 1939—mimeographs and a private printing press. These were in steady use, producing a stream of science-fiction fan magazines, literary manifestos, and weird articles, which were picked up in ink-sticky bundles by a succession of strange, gangly, spotty young men in fedoras and overcoats.

The neighbors grew alarmed at the antics of the Futurians and reported them to the Secret Service as suspected counterfeiters. In the winter of 1939, a squad of USSS agents with drawn guns burst into "Futurian House," prepared to confiscate the forged currency and illicit printing presses. There they discovered a slumbering science fiction fan named George Hahn, a guest of the Futurian commune who had just arrived in New York. George Hahn managed to explain himself and his group, and the Secret Service agents left the Futurians in peace henceforth. (Alas, Hahn died in 1991, just before I had discovered this astonishing historical parallel, and just before I could interview him for this book.)

But the Jackson case did not come to a swift and comic end. No quick answers came his way, or mine; no swift reassurances that all was right in the digital world, that matters were well in hand after all. Quite the opposite. In my alternate role as a sometime pop-science journalist, I interviewed Jackson and his staff for an article in a British magazine. The strange details of the raid left me more concerned than ever. Without its computers, the company had been financially and operationally crippled. Half the SJG workforce, a group of entirely innocent people, had been sorrowfully fired, deprived of their livelihoods by the seizure. It began to dawn on me that authors—American writers—might well have their computers seized, under sealed warrants, without any criminal charge; and that, as Steve Jackson had discovered, there was no immediate recourse for this. This was no joke; this wasn't science fiction; this was real.

I determined to put science fiction aside until I had discovered what had happened and where this trouble had come from. It was time to enter the purportedly real world of electronic free expression and computer crime. Hence, this book. Hence, the world of the telcos; and the world of the digital underground; and next, the world of the police.




PART THREE: LAW AND ORDER


Of the various anti-hacker activities of 1990, "Operation Sundevil" had by far the highest public profile. The sweeping, nationwide computer seizures of May 8, 1990 were unprecedented in scope and highly, if rather selectively, publicized.

Unlike the efforts of the Chicago Computer Fraud and Abuse Task Force, "Operation Sundevil" was not intended to combat "hacking" in the sense of computer intrusion or sophisticated raids on telco switching stations. Nor did it have anything to do with hacker misdeeds with AT&T's software, or with Southern Bell's proprietary documents.

Instead, "Operation Sundevil" was a crackdown on those traditional scourges of the digital underground: credit-card theft and telephone code abuse. The ambitious activities out of Chicago, and the somewhat lesser-known but vigorous anti-hacker actions of the New York State Police in 1990, were never a part of "Operation Sundevil" per se, which was based in Arizona.

Nevertheless, after the spectacular May 8 raids, the public, misled by police secrecy, hacker panic, and a puzzled national press-corps, conflated all aspects of the nationwide crackdown in 1990 under the blanket term "Operation Sundevil." "Sundevil" is still the best-known synonym for the crackdown of 1990. But the Arizona organizers of "Sundevil" did not really deserve this reputation—any more, for instance, than all hackers deserve a reputation as "hackers."

There was some justice in this confused perception, though. For one thing, the confusion was abetted by the Washington office of the Secret Service, who responded to Freedom of Information Act requests on "Operation Sundevil" by referring investigators to the publicly known cases of Knight Lightning and the Atlanta Three. And "Sundevil" was certainly the largest aspect of the Crackdown, the most deliberate and the best-organized. As a crackdown on electronic fraud, "Sundevil" lacked the frantic pace of the war on the Legion of Doom; on the contrary, Sundevil's targets were picked out with cool deliberation over an elaborate investigation lasting two full years.

And once again the targets were bulletin board systems.

Boards can be powerful aids to organized fraud. Underground boards carry lively, extensive, detailed, and often quite flagrant "discussions" of lawbreaking techniques and lawbreaking activities. "Discussing" crime in the abstract, or "discussing" the particulars of criminal cases, is not illegal—but there are stern state and federal laws against coldbloodedly conspiring in groups in order to commit crimes.

In the eyes of police, people who actively conspire to break the law are not regarded as "clubs," "debating salons," "users' groups," or "free speech advocates." Rather, such people tend to find themselves formally indicted by prosecutors as "gangs," "racketeers," "corrupt organizations" and "organized crime figures."

What's more, the illicit data contained on outlaw boards goes well beyond mere acts of speech and/or possible criminal conspiracy. As we have seen, it was common practice in the digital underground to post purloined telephone codes on boards, for any phreak or hacker who cared to abuse them. Is posting digital booty of this sort supposed to be protected by the First Amendment? Hardly—though the issue, like most issues in cyberspace, is not entirely resolved. Some theorists argue that to merely RECITE a number publicly is not illegal—only its USE is illegal. But anti-hacker police point out that magazines and newspapers (more traditional forms of free expression) never publish stolen telephone codes (even though this might well raise their circulation).

Stolen credit card numbers, being riskier and more valuable, were less often publicly posted on boards—but there is no question that some underground boards carried "carding" traffic, generally exchanged through private mail.

Underground boards also carried handy programs for "scanning" telephone codes and raiding credit card companies, as well as the usual obnoxious galaxy of pirated software, cracked passwords, blue-box schematics, intrusion manuals, anarchy files, porn files, and so forth.

But besides their nuisance potential for the spread of illicit knowledge, bulletin boards have another vitally interesting aspect for the professional investigator. Bulletin boards are cram-full of EVIDENCE. All that busy trading of electronic mail, all those hacker boasts, brags and struts, even the stolen codes and cards, can be neat, electronic, real-time recordings of criminal activity. As an investigator, when you seize a pirate board, you have scored a coup as effective as tapping phones or intercepting mail. However, you have not actually tapped a phone or intercepted a letter. The rules of evidence regarding phone-taps and mail interceptions are old, stern and well-understood by police, prosecutors and defense attorneys alike. The rules of evidence regarding boards are new, waffling, and understood by nobody at all.

Sundevil was the largest crackdown on boards in world history. On May 7, 8, and 9, 1990, about forty-two computer systems were seized. Of those forty-two computers, about twenty-five actually were running boards. (The vagueness of this estimate is attributable to the vagueness of (a) what a "computer system" is, and (b) what it actually means to "run a board" with one—or with two computers, or with three.)

About twenty-five boards vanished into police custody in May 1990. As we have seen, there are an estimated 30,000 boards in America today. If we assume that one board in a hundred is up to no good with codes and cards (which rather flatters the honesty of the board-using community), then that would leave 2,975 outlaw boards untouched by Sundevil. Sundevil seized about one tenth of one percent of all computer bulletin boards in America. Seen objectively, this is something less than a comprehensive assault. In 1990, Sundevil's organizers—the team at the Phoenix Secret Service office, and the Arizona Attorney General's office—had a list of at least THREE HUNDRED boards that they considered fully deserving of search and seizure warrants. The twenty-five boards actually seized were merely among the most obvious and egregious of this much larger list of candidates. All these boards had been examined beforehand—either by informants, who had passed printouts to the Secret Service, or by Secret Service agents themselves, who not only come equipped with modems but know how to use them.

There were a number of motives for Sundevil. First, it offered a chance to get ahead of the curve on wire-fraud crimes. Tracking back credit-card ripoffs to their perpetrators can be appallingly difficult. If these miscreants have any kind of electronic sophistication, they can snarl their tracks through the phone network into a mind-boggling, untraceable mess, while still managing to "reach out and rob someone." Boards, however, full of brags and boasts, codes and cards, offer evidence in the handy congealed form.

Seizures themselves—the mere physical removal of machines—tends to take the pressure off. During Sundevil, a large number of code kids, warez d00dz, and credit card thieves would be deprived of those boards—their means of community and conspiracy—in one swift blow. As for the sysops themselves (commonly among the boldest offenders) they would be directly stripped of their computer equipment, and rendered digitally mute and blind.

And this aspect of Sundevil was carried out with great success. Sundevil seems to have been a complete tactical surprise—unlike the fragmentary and continuing seizures of the war on the Legion of Doom, Sundevil was precisely timed and utterly overwhelming. At least forty "computers" were seized during May 7, 8 and 9, 1990, in Cincinnati, Detroit, Los Angeles, Miami, Newark, Phoenix, Tucson, Richmond, San Diego, San Jose, Pittsburgh and San Francisco. Some cities saw multiple raids, such as the five separate raids in the New York City environs. Plano, Texas (essentially a suburb of the Dallas/Fort Worth metroplex, and a hub of the telecommunications industry) saw four computer seizures. Chicago, ever in the forefront, saw its own local Sundevil raid, briskly carried out by Secret Service agents Timothy Foley and Barbara Golden.

Many of these raids occurred, not in the cities proper, but in associated white-middle class suburbs—places like Mount Lebanon, Pennsylvania and Clark Lake, Michigan. There were a few raids on offices; most took place in people's homes, the classic hacker basements and bedrooms.

The Sundevil raids were searches and seizures, not a group of mass arrests. There were only four arrests during Sundevil. "Tony the Trashman," a longtime teenage bete noire of the Arizona Racketeering unit, was arrested in Tucson on May 9. "Dr. Ripco," sysop of an outlaw board with the misfortune to exist in Chicago itself, was also arrested—on illegal weapons charges. Local units also arrested a 19-year-old female phone phreak named "Electra" in Pennsylvania, and a male juvenile in California. Federal agents however were not seeking arrests, but computers.

Hackers are generally not indicted (if at all) until the evidence in their seized computers is evaluated—a process that can take weeks, months—even years. When hackers are arrested on the spot, it's generally an arrest for other reasons. Drugs and/or illegal weapons show up in a good third of anti-hacker computer seizures (though not during Sundevil).

That scofflaw teenage hackers (or their parents) should have marijuana in their homes is probably not a shocking revelation, but the surprisingly common presence of illegal firearms in hacker dens is a bit disquieting. A Personal Computer can be a great equalizer for the techno-cowboy—much like that more traditional American "Great Equalizer," the Personal Sixgun. Maybe it's not all that surprising that some guy obsessed with power through illicit technology would also have a few illicit high-velocity-impact devices around. An element of the digital underground particularly dotes on those "anarchy philes," and this element tends to shade into the crackpot milieu of survivalists, gun-nuts, anarcho-leftists and the ultra-libertarian right-wing.

This is not to say that hacker raids to date have uncovered any major crack-dens or illegal arsenals; but Secret Service agents do not regard "hackers" as "just kids." They regard hackers as unpredictable people, bright and slippery. It doesn't help matters that the hacker himself has been "hiding behind his keyboard" all this time. Commonly, police have no idea what he looks like. This makes him an unknown quantity, someone best treated with proper caution.

To date, no hacker has come out shooting, though they do sometimes brag on boards that they will do just that. Threats of this sort are taken seriously. Secret Service hacker raids tend to be swift, comprehensive, well-manned (even over-manned); and agents generally burst through every door in the home at once, sometimes with drawn guns. Any potential resistance is swiftly quelled. Hacker raids are usually raids on people's homes. It can be a very dangerous business to raid an American home; people can panic when strangers invade their sanctum. Statistically speaking, the most dangerous thing a policeman can do is to enter someone's home. (The second most dangerous thing is to stop a car in traffic.) People have guns in their homes. More cops are hurt in homes than are ever hurt in biker bars or massage parlors.

But in any case, no one was hurt during Sundevil, or indeed during any part of the Hacker Crackdown.

Nor were there any allegations of any physical mistreatment of a suspect. Guns were pointed, interrogations were sharp and prolonged; but no one in 1990 claimed any act of brutality by any crackdown raider.

In addition to the forty or so computers, Sundevil reaped floppy disks in particularly great abundance—an estimated 23,000 of them, which naturally included every manner of illegitimate data: pirated games, stolen codes, hot credit card numbers, the complete text and software of entire pirate bulletin-boards. These floppy disks, which remain in police custody today, offer a gigantic, almost embarrassingly rich source of possible criminal indictments. These 23,000 floppy disks also include a thus-far unknown quantity of legitimate computer games, legitimate software, purportedly "private" mail from boards, business records, and personal correspondence of all kinds.

Standard computer-crime search warrants lay great emphasis on seizing written documents as well as computers—specifically including photocopies, computer printouts, telephone bills, address books, logs, notes, memoranda and correspondence. In practice, this has meant that diaries, gaming magazines, software documentation, nonfiction books on hacking and computer security, sometimes even science fiction novels, have all vanished out the door in police custody. A wide variety of electronic items have been known to vanish as well, including telephones, televisions, answering machines, Sony Walkmans, desktop printers, compact disks, and audiotapes.

No fewer than 150 members of the Secret Service were sent into the field during Sundevil. They were commonly accompanied by squads of local and/or state police. Most of these officers—especially the locals—had never been on an anti-hacker raid before. (This was one good reason, in fact, why so many of them were invited along in the first place.) Also, the presence of a uniformed police officer assures the raidees that the people entering their homes are, in fact, police. Secret Service agents wear plain clothes. So do the telco security experts who commonly accompany the Secret Service on raids (and who make no particular effort to identify themselves as mere employees of telephone companies).

A typical hacker raid goes something like this. First, police storm in rapidly, through every entrance, with overwhelming force, in the assumption that this tactic will keep casualties to a minimum. Second, possible suspects are immediately removed from the vicinity of any and all computer systems, so that they will have no chance to purge or destroy computer evidence. Suspects are herded into a room without computers, commonly the living room, and kept under guard—not ARMED guard, for the guns are swiftly holstered, but under guard nevertheless. They are presented with the search warrant and warned that anything they say may be held against them. Commonly they have a great deal to say, especially if they are unsuspecting parents.

Somewhere in the house is the "hot spot"—a computer tied to a phone line (possibly several computers and several phones). Commonly it's a teenager's bedroom, but it can be anywhere in the house; there may be several such rooms. This "hot spot" is put in charge of a two-agent team, the "finder" and the "recorder." The "finder" is computer-trained, commonly the case agent who has actually obtained the search warrant from a judge. He or she understands what is being sought, and actually carries out the seizures: unplugs machines, opens drawers, desks, files, floppy-disk containers, etc. The "recorder" photographs all the equipment, just as it stands—especially the tangle of wired connections in the back, which can otherwise be a real nightmare to restore. The recorder will also commonly photograph every room in the house, lest some wily criminal claim that the police had robbed him during the search. Some recorders carry videocams or tape recorders; however, it's more common for the recorder to simply take written notes. Objects are described and numbered as the finder seizes them, generally on standard preprinted police inventory forms.

Even Secret Service agents were not, and are not, expert computer users. They have not made, and do not make, judgements on the fly about potential threats posed by various forms of equipment. They may exercise discretion; they may leave Dad his computer, for instance, but they don't HAVE to. Standard computer-crime search warrants, which date back to the early 80s, use a sweeping language that targets computers, most anything attached to a computer, most anything used to operate a computer—most anything that remotely resembles a computer—plus most any and all written documents surrounding it. Computer-crime investigators have strongly urged agents to seize the works.

In this sense, Operation Sundevil appears to have been a complete success. Boards went down all over America, and were shipped en masse to the computer investigation lab of the Secret Service, in Washington DC, along with the 23,000 floppy disks and unknown quantities of printed material.

But the seizure of twenty-five boards, and the multi-megabyte mountains of possibly useful evidence contained in these boards (and in their owners' other computers, also out the door), were far from the only motives for Operation Sundevil. An unprecedented action of great ambition and size, Sundevil's motives can only be described as political. It was a public-relations effort, meant to pass certain messages, meant to make certain situations clear: both in the mind of the general public, and in the minds of various constituencies of the electronic community.

First—and this motivation was vital—a "message" would be sent from
law enforcement to the digital underground. This very message was recited in so many words by Garry M. Jenkins, the Assistant Director of the US Secret Service, at the Sundevil press conference in Phoenix on May 9, 1990, immediately after the raids. In brief, hackers were mistaken in their foolish belief that they could hide behind the "relative anonymity of their computer terminals." On the contrary, they should fully understand that state and federal cops were actively patrolling the beat in cyberspace—that they were on the watch everywhere, even in those sleazy and secretive dens of cybernetic vice, the underground boards.

This is not an unusual message for police to publicly convey to crooks. The message is a standard message; only the context is new.

In this respect, the Sundevil raids were the digital equivalent of the standard vice-squad crackdown on massage parlors, porno bookstores, head-shops, or floating crap-games. There may be few or no arrests in a raid of this sort; no convictions, no trials, no interrogations. In cases of this sort, police may well walk out the door with many pounds of sleazy magazines, X-rated videotapes, sex toys, gambling equipment, baggies of marijuana....

Of course, if something truly horrendous is discovered by the raiders, there will be arrests and prosecutions. Far more likely, however, there will simply be a brief but sharp disruption of the closed and secretive world of the nogoodniks. There will be "street hassle." "Heat." "Deterrence." And, of course, the immediate loss of the seized goods. It is very unlikely that any of this seized material will ever be returned. Whether charged or not, whether convicted or not, the perpetrators will almost surely lack the nerve ever to ask for this stuff to be given back.

Arrests and trials—putting people in jail—may involve all kinds of formal legalities; but dealing with the justice system is far from the only task of police. Police do not simply arrest people. They don't simply put people in jail. That is not how the police perceive their jobs. Police "protect and serve." Police "keep the peace," they "keep public order." Like other forms of public relations, keeping public order is not an exact science. Keeping public order is something of an art-form.

If a group of tough-looking teenage hoodlums was loitering on a street-corner, no one would be surprised to see a street-cop arrive and sternly order them to "break it up." On the contrary, the surprise would come if one of these ne'er-do-wells stepped briskly into a phone-booth, called a civil rights lawyer, and instituted a civil suit in defense of his Constitutional rights of free speech and free assembly. But something much along this line was one of the many anomolous outcomes of the Hacker Crackdown.

Sundevil also carried useful "messages" for other constituents of the electronic community. These messages may not have been read aloud from the Phoenix podium in front of the press corps, but there was little mistaking their meaning. There was a message of reassurance for the primary victims of coding and carding: the telcos, and the credit companies. Sundevil was greeted with joy by the security officers of the electronic business community. After years of high-tech harassment and spiralling revenue losses, their complaints of rampant outlawry were being taken seriously by law enforcement. No more head-scratching or dismissive shrugs; no more feeble excuses about "lack of computer-trained officers" or the low priority of "victimless" white-collar telecommunication crimes.

Computer-crime experts have long believed that computer-related offenses are drastically under-reported. They regard this as a major open scandal of their field. Some victims are reluctant to come forth, because they believe that police and prosecutors are not computer-literate, and can and will do nothing. Others are embarrassed by their vulnerabilities, and will take strong measures to avoid any publicity; this is especially true of banks, who fear a loss of investor confidence should an embezzlement-case or wire-fraud surface. And some victims are so helplessly confused by their own high technology that they never even realize that a crime has occurred—even when they have been fleeced to the bone.

The results of this situation can be dire. Criminals escape apprehension and punishment. The computer-crime units that do exist, can't get work. The true scope of computer-crime: its size, its real nature, the scope of its threats, and the legal remedies for it—all remain obscured.

Another problem is very little publicized, but it is a cause of genuine concern. Where there is persistent crime, but no effective police protection, then vigilantism can result. Telcos, banks, credit companies, the major corporations who maintain extensive computer networks vulnerable to hacking —these organizations are powerful, wealthy, and politically influential. They are disinclined to be pushed around by crooks (or by most anyone else, for that matter). They often maintain well-organized private security forces, commonly run by experienced veterans of military and police units, who have left public service for the greener pastures of the private sector. For police, the corporate security manager can be a powerful ally; but if this gentleman finds no allies in the police, and the pressure is on from his board-of-directors, he may quietly take certain matters into his own hands.

Nor is there any lack of disposable hired-help in the corporate security business. Private security agencies—the 'security business' generally—grew explosively in the 1980s. Today there are spooky gumshoed armies of "security consultants," "rent-a-cops," "private eyes," "outside experts"—every manner of shady operator who retails in "results" and discretion. Or course, many of these gentlemen and ladies may be paragons of professional and moral rectitude. But as anyone who has read a hard-boiled detective novel knows, police tend to be less than fond of this sort of private-sector competition.

Companies in search of computer-security have even been known to hire hackers. Police shudder at this prospect.

Police treasure good relations with the business community. Rarely will you see a policeman so indiscreet as to allege publicly that some major employer in his state or city has succumbed to paranoia and gone off the rails. Nevertheless, police —and computer police in particular—are aware of this possibility. Computer-crime police can and do spend up to half of their business hours just doing public relations: seminars, "dog and pony shows," sometimes with parents' groups or computer users, but generally with their core audience: the likely victims of hacking crimes. These, of course, are telcos, credit card companies and large computer-equipped corporations. The police strongly urge these people, as good citizens, to report offenses and press criminal charges; they pass the message that there is someone in authority who cares, understands, and, best of all, will take useful action should a computer-crime occur.

But reassuring talk is cheap. Sundevil offered action.

The final message of Sundevil was intended for internal consumption by law enforcement. Sundevil was offered as proof that the community of American computer-crime police had come of age. Sundevil was proof that enormous things like Sundevil itself could now be accomplished. Sundevil was proof that the Secret Service and its local law-enforcement allies could act like a well-oiled machine—(despite the hampering use of those scrambled phones). It was also proof that the Arizona Organized Crime and Racketeering Unit—the sparkplug of Sundevil—ranked with the best in the world in ambition, organization, and sheer conceptual daring.

And, as a final fillip, Sundevil was a message from the Secret Service to their longtime rivals in the Federal Bureau of Investigation. By Congressional fiat, both USSS and FBI formally share jurisdiction over federal computer-crimebusting activities. Neither of these groups has ever been remotely happy with this muddled situation. It seems to suggest that Congress cannot make up its mind as to which of these groups is better qualified. And there is scarcely a G-man or a Special Agent anywhere without a very firm opinion on that topic.

#

For the neophyte, one of the most puzzling aspects of the crackdown on hackers is why the United States Secret Service has anything at all to do with this matter.

The Secret Service is best known for its primary public role: its agents protect the President of the United States. They also guard the President's family, the Vice President and his family, former Presidents, and Presidential candidates. They sometimes guard foreign dignitaries who are visiting the United States, especially foreign heads of state, and have been known to accompany American officials on diplomatic missions overseas.

Special Agents of the Secret Service don't wear uniforms, but the Secret Service also has two uniformed police agencies. There's the former White House Police (now known as the Secret Service Uniformed Division, since they currently guard foreign embassies in Washington, as well as the White House itself). And there's the uniformed Treasury Police Force.

The Secret Service has been charged by Congress with a number of little-known duties. They guard the precious metals in Treasury vaults. They guard the most valuable historical documents of the United States: originals of the Constitution, the Declaration of Independence, Lincoln's Second Inaugural Address, an American-owned copy of the Magna Carta, and so forth. Once they were assigned to guard the Mona Lisa, on her American tour in the 1960s.

The entire Secret Service is a division of the Treasury Department. Secret Service Special Agents (there are about 1,900 of them) are bodyguards for the President et al, but they all work for the Treasury. And the Treasury (through its divisions of the U.S. Mint and the Bureau of Engraving and Printing) prints the nation's money.

As Treasury police, the Secret Service guards the nation's currency; it is the only federal law enforcement agency with direct jurisdiction over counterfeiting and forgery. It analyzes documents for authenticity, and its fight against fake cash is still quite lively (especially since the skilled counterfeiters of Medellin, Columbia have gotten into the act). Government checks, bonds, and other obligations, which exist in untold millions and are worth untold billions, are common targets for forgery, which the Secret Service also battles. It even handles forgery of postage stamps.

But cash is fading in importance today as money has become electronic. As necessity beckoned, the Secret Service moved from fighting the counterfeiting of paper currency and the forging of checks, to the protection of funds transferred by wire.

From wire-fraud, it was a simple skip-and-jump to what is formally known as "access device fraud." Congress granted the Secret Service the authority to investigate "access device fraud" under Title 18 of the United States Code (U.S.C. Section 1029).

The term "access device" seems intuitively simple. It's some kind of high-tech gizmo you use to get money with. It makes good sense to put this sort of thing in the charge of counterfeiting and wire-fraud experts.

However, in Section 1029, the term "access device" is very generously defined. An access device is: "any card, plate, code, account number, or other means of account access that can be used, alone or in conjunction with another access device, to obtain money, goods, services, or any other thing of value, or that can be used to initiate a transfer of funds."

"Access device" can therefore be construed to include credit cards themselves (a popular forgery item nowadays). It also includes credit card account NUMBERS, those standards of the digital underground. The same goes for telephone charge cards (an increasingly popular item with telcos, who are tired of being robbed of pocket change by phone-booth thieves). And also telephone access CODES, those OTHER standards of the digital underground. (Stolen telephone codes may not "obtain money," but they certainly do obtain valuable "services," which is specifically forbidden by Section 1029.)

We can now see that Section 1029 already pits the United States Secret Service directly against the digital underground, without any mention at all of the word "computer."

Standard phreaking devices, like "blue boxes," used to steal phone service from old-fashioned mechanical switches, are unquestionably "counterfeit access devices." Thanks to Sec.1029, it is not only illegal to USE counterfeit access devices, but it is even illegal to BUILD them. "Producing," "designing" "duplicating" or "assembling" blue boxes are all federal crimes today, and if you do this, the Secret Service has been charged by Congress to come after you.

Automatic Teller Machines, which replicated all over America during the 1980s, are definitely "access devices," too, and an attempt to tamper with their punch-in codes and plastic bank cards falls directly under Sec. 1029.

Section 1029 is remarkably elastic. Suppose you find a computer password in somebody's trash. That password might be a "code"—it's certainly a "means of account access." Now suppose you log on to a computer and copy some software for yourself. You've certainly obtained "service" (computer service) and a "thing of value" (the software). Suppose you tell a dozen friends about your swiped password, and let them use it, too. Now you're "trafficking in unauthorized access devices." And when the Prophet, a member of the Legion of Doom, passed a stolen telephone company document to Knight Lightning at Phrack magazine, they were both charged under Sec. 1029!

There are two limitations on Section 1029. First, the offense must "affect interstate or foreign commerce" in order to become a matter of federal jurisdiction. The term "affecting commerce" is not well defined; but you may take it as a given that the Secret Service can take an interest if you've done most anything that happens to cross a state line. State and local police can be touchy about their jurisdictions, and can sometimes be mulish when the feds show up. But when it comes to computer-crime, the local police are pathetically grateful for federal help—in fact they complain that they can't get enough of it. If you're stealing long-distance service, you're almost certainly crossing state lines, and you're definitely "affecting the interstate commerce" of the telcos. And if you're abusing credit cards by ordering stuff out of glossy catalogs from, say, Vermont, you're in for it.