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To: Frederick Smart who wrote (26388)4/1/1999 2:25:00 AM
From: Phil Jacobson  Respond to of 42771
 
Fred,

I see these little, basic freedoms being challenged in whirl of judgement against this or that virtual red zone. Melissa is such a red zone. No one wants to take the first step so govt. steps in and the MSFT GUID # watermark is suddenly cast in an entirely different light.

So now we have a new form of copdom on the rise - the rise of the virtual agent/cop who is out to make virtual domains safe from ourselves.


Yup, that's the whole crux isn't it. The issue has always been how much privacy is OK without letting the bad guys have their way. So private institutions providing services to consumers (banks, telephone companies, you name it) are all subject to subpoena when transactions between these institutions and potential criminals (which is all of us) take place. Of course they're also subject to people who find a way to access the data without a subpoena in order to perpetrate blackmail or fraud.

Soon, look for a proclamation of sorts from the govt that basically says "we hereby recognize that the Internet is an integral component of the nation's economy and it and its users must therefore be protected by whatever means are available". Sounds pretty non-controversial. In reality it opens the door to having the govt force any software company that wants to operate commercially put watermarks in its programs and documents ala Microsoft. Like all such "safeguards" in the "real" economy it will only work to catch amateurs and those who forget to cover their tracks. Meanwhile the offset is the potential for blackmail against the rest of us who use the software without considering how it could be used against us as we act as individuals in some domains, corporate employees in others, etc. all with the same tools automatically linking it all together to create our virtual profiles.

Paul, re: your note that they won't find the Melissa hacker because he will have stolen his identity from others...probably true, but it doesn't mean the govt can't take advantage of the data. They can still put two and two together. If they have documents on file that were written by this person in his public life, or can obtain such documents from people he may have corresponded with, they can still do a lot to make this person squirm. We'll see....

BTW, the other thing to consider is that even netizens are extremely selective in their libertarianism. The anti-spammers are an example. Nobody likes spam, but is it the network service provider's job to take action against people using their networks to send spam? Today it is because a broad coalition that includes most that call themselves "netizens" agree wholeheartedly and actually take paramilitary action against companies that don't comply (ie, hacker attacks in the name of "good" censorship). Of course this is just an example of service providers being forced to perform a popular form of content filtering isn't it? The slipperly slope was already being explored before the MSFT watermarks and Melissa. Now we get to see how much farther it will go.

Phil



To: Frederick Smart who wrote (26388)4/1/1999 10:17:00 AM
From: RocketMan  Read Replies (1) | Respond to of 42771
 
I share your concern 100% The loss of individual privacy and violation of fourth amendment rights has been ongoing for many years now. And we are losing these freedoms in a surreptitious way, because the loss is always the consequence of the government's justifying the need to counter some evil, whether it be a computer virus, kiddie porn, etc for the common good. While the average citizen rightly abhors such things, what they do not recognize is that rooting out the evil can and should be done within existing laws and practices, and does not require the undermining of basic civil liberties that can eventually lead to much worse situations.

eff.org



To: Frederick Smart who wrote (26388)4/2/1999 12:43:00 PM
From: Greg  Read Replies (1) | Respond to of 42771
 
New Jersey Man Arrested for
Creating Melissa Virus
11.11 a.m. ET (1611 GMT) April 2, 1999
By Nancy Parello

TRENTON, N.J. — A man has been arrested and charged with originating the e-mail virus known as Melissa, the state attorney general's office announced Friday.

David L. Smith, 30, of Aberdeen was arrested Thursday night at his brother's house in nearby Eatontown, said Rita Malley, a spokeswoman for Attorney General Peter Verniero.

Smith originated the virus, which caused worldwide e-mail disruption earlier this week, from his apartment in Aberdeen, Malley said.

Melissa appeared last Friday and spread rapidly around the world on Monday like a malicious chain letter, causing affected computers to fire off dozens of infected messages to friends and colleagues and swamping e-mail systems.

It disrupted the operations of thousands of companies and government agencies whose employees were temporarily unable to communicate by e-mail.

No information was immediately available as to what charges Smith faced.

Michael Vatis, a federal prosecutor and director of the National Infrastructure Protection Center based at FBI headquarters, had said earlier this week that the author of a virus can be charged with a felony computer crime carrying a term of up to 10 years and a fine of up to $250,000.

Smith was snared with the help of America Online technicians, and a computer task force composed of federal and state agents, Malley said.

Earlier this week, experts had said there were clues that the virus writer had distributed the virus using an account stolen from America Online 15 months ago.

Several antivirus software makers, including McAfee, Symantec, Trend Micro and Sophos, posted patches on their Web sites that detect and reject the Melissa virus.

It comes in the form of an e-mail, usually containing the subject line "Important Message." It appears to be from a friend or colleague.

The body of the e-mail message says, "Here is that document you asked for ... don't show it to anyone else" with a winking smiley face formed by the punctuation marks ;-).

Attached to the message is a document file. If the user opened that file, the virus dug into the user's address book and sends infected documents to the first 50
addresses.

Smith, whom Malley described as a "computer guy," was being held at the
Monmouth County Jail. Malley could not immediately say where Smith works, but said the virus didn't originate there but in his apartment.

foxnews.com



To: Frederick Smart who wrote (26388)4/2/1999 5:50:00 PM
From: Phil Jacobson  Read Replies (2) | Respond to of 42771
 
This is the most detailed story I found on how they tracked down the creator of Melissa. In addition to the info on how they used the MSFT watermarks, this details how the FBI is also after a hosting company and a small ISP. Even the "Defense Department-sponsored Computer Emergency Response Team at Carnegie Mellon University" got involved. Some incredibly Orwellian stuff in this article, it's a real classic.

We apparently have many govt agencies and their helpers crawling over themselves to take credit for figuring this out.

Oops, I think that last sentence just kicked off the program that creates an FBI file...

-------------------------

Melissa suspect arrested in New Jersey

By Stephen Shankland
Staff Writer, CNET News.com
April 2, 1999, 12:50 p.m. PT

A New Jersey man, David L. Smith, was arrested by federal and state officials yesterday and charged with disseminating the Melissa virus that began spreading across the Internet March 26.

Smith, 30, a resident of Aberdeen Township, New Jersey, was arrested last night at the home of his brother in Eatontown, New Jersey, said Paul Loriquet, a spokesman for New Jersey Attorney General Peter Verniero. Smith was tracked down with the help of America Online and by tracing phone calls, Loriquet said.

Smith was charged with interrupting public communication, conspiracy to commit the offense, and the attempt to commit the offense. In addition, he was charged with two lesser offenses: theft of computer service and wrongful access to computer systems.

The FBI still is investigating whether to file federal charges, said spokeswoman Debby Weierman.

Smith did not immediately return a telephone message left on his answering machine.

If convicted on the state charges, Smith faces a maximum of 40 years in prison and fines of $480,000. An arraignment has not yet been scheduled, and Smith has yet to retain an attorney, Loriquet said.

Smith was released this morning on two $50,000 cash bonds, Loriquet said.

The New Jersey Attorney General's office said initial information leading to Smith's arrest came from America Online.

AOL wouldn't comment on how it helped with the investigation other than to say it cooperated fully with the FBI and New Jersey state law enforcement officials, said spokeswoman Kim McCreery. McCreery declined to say what data AOL keeps on its members or what information it provided to investigators.

AOL had traced information that led to a bulletin board, and from there to email list servers, Loriquet said. That information led to the search warrants, the resulting phone line traces, and the arrest of Smith, he said.

Whether federal charges are filed depends on whether the virus violated federal laws that forbid "the transmission of a program, information, code, or command" that "intentionally causes damage, without authorization, to a protected computer," said John Russell of the Justice Department. A violation of that provision could result in up to ten years in prison and a $250,000 fine, he said.

The Melissa virus was introduced on an "alt.sex" newsgroup early last Friday morning using the AOL account of Scott Steinmetz, whose username was "skyroket." Steinmetz, a civil engineer in Lynnwood, Washington, told CNET News.com earlier this week that he had nothing to do with writing or introducing the virus.

The virus uses a combination of Microsoft's Outlook and Word programs to spread, taking advantage of users' email address book entries to gain the appearance of coming from a known person.

The arrest was made by law enforcement officials from the state division of criminal justice, the New Jersey state police, the FBI, and Monmouth County, Loriquet said.

Meanwhile, the FBI also confiscated a computer from Internet service provider Access Orlando in Orlando, Florida, and investigated a small Internet company in northeast Tennessee. Access Orlando is the small Internet service provider that leased its lines to the owner of the computer seized by the FBI. A Web site on the computer, Source of Kaos, hosted space to "VicodinES," the online name of a person or persons suspected of authoring the virus, according to Access project manager Ron Spohn.

VicodinES "was a client who had a personal Web site and posted what he wanted to post,'' Sibert said. Some of those postings were about the creation of computer viruses, he said.

"I gave my permission for the FBI to take the computer, but I really didn't have much choice," said Roger Sibert, who owns the computer and administered the Source of Kaos Web site.

Sibert, 33, of Winter Park, Florida, said his Web site is devoted to "unpopular freedom of speech issues like 'I hate Microsoft' and freedom of choice."

The computer's contents will be examined once a search order is issued, said Sibert, who has retained the services of an attorney. "I plan to cooperate," he said.


Sibert said he doesn't agree with the person who wrote the Melissa virus. He said he also was contacted by the New York attorney general's office.

The FBI also contacted Global Connection, a small Internet service provider in Kingsport, Tennessee, whose computers hosted the Web site Codebreakers.org, according to Dennis Halsey, 36, chief executive of Global Connection. That site contained computer virus information and may have helped spread the Melissa virus, Halsey said.

A few days ago, a Silicon Valley company and another person contacted Halsey by email, saying they got the Melissa virus and tracked it to the Codebreakers Web site.

The Defense Department-sponsored Computer Emergency Response Team at Carnegie Mellon University also found digital tracks leading to the site, Halsey said.

"We shut down the Web site on Monday. We don't like viruses any more than anybody," Halsey said.

The Codebreakers Web site was put together by his business partner and a friend of the partner, Halsey said. That friend, he said, "is apparently in a large, international virus organization."

Halsey said he talked to a local FBI agent by telephone this morning and to local police detectives. He said they indicated they will want to see his company's records.


Global Connection was started about eight months ago and has about 1,000 subscribers. Halsey said he and his partner might have been naive about the Codebreakers site and its contents. "We are just a link in this massive chain of events," Halsey said.

Richard Smith, president of Phar Lap Software in Cambridge, Massachusetts, helped trace the virus to two possible authors, VicodenES and Alt-F11, who had posted viruses on the Codebreakers and Source of Kaos Web sites.

Smith fingered the authors using a unique identifier that Microsoft Word saves in documents, including the document used to launch Melissa. That identifier is based on a unique number that comes with a computer's network card, or that Word creates on its own if no network card is present.

Privacy advocates have criticized the features, and Microsoft has posted software that let people turn off the feature or wipe those traces out of their Word files.

When Smith found the number and asked for help, Frederik Bjorck of Sweden found virus files on some Web sites, including Source of Kaos, that matched the identifier.