Xref: utzoo comp.org.eff.talk:1378 misc.legal:23879 Path: utzoo!attcan!uunet!bu.edu!att!att!mcdchg!tellab5!vpnet!louisg From: louisg@vpnet.chi.il.us (Louis Giliberto) Newsgroups: comp.org.eff.talk,misc.legal Subject: Re: Sophistication of federal investigators Message-ID: <1991Jan14.000414.10863@vpnet.chi.il.us> Date: 14 Jan 91 00:04:14 GMT References: <1991Jan10.035939.26587@ddsw1.MCS.COM> <286@kumr.UUCP> <1991Jan13.191251.28841@ddsw1.MCS.COM> Organization: Vpnet Public Access Lines: 25 Just to clear up one point: Doc Ripco was not charged either. His computers were just seized. No charges have been filed against him, and I don't think they will be. Isn't it obvious what the SS really did? They got a list of boards that carry anarchy/hacking/phreaking/etc. files and busted them jsut to find out what they had on them. At the least, they got rid of what they consider a nuisance, and at most they found something illegal with which to prosecute. They had no real probable cause in any of these situations which I can see past the point that these boards had text files which talked about borderline things.The SS was just sending in a line to see what they could catch. Unfortunately the line destroyed a lot of equipment and reputations, not to mention it is probably causing Jefferson et. al. to roll over in their graves. It is also obvious that the agents carrying out these warrants have no real knowledge about computers. The "leads" they follow are due more or less to confusion about computers. I don't think Agent Foley was malicious when he cited the Kermit explanation on the warrant affidavit. I think he didn't know what the hell Kermit was and it looked suspicious since it was in conjunction with a decipering scheme. The judge obviously didn't know what Kermit was otherwise he wouldn't have granted the warrant on just that. Of course, I'm not telepathic, nor am I Agent Foley. I'm giving him the benefit of the doubt. The REAL problem is that the law enforcement agencies, the courts, and the public in general don't know enough about how things go on down here and how computers operate to effectively and FAIRLY make decisions on certain aspects. This is where the EFF can excel, Mr. Denninger. I think it isdoing a good job right now. The federal agencies have always kept records on people, but rarely do they persecute innocent people. The reason they have done so here is that they don't know what the heck they're doing. We need the EFF and power organizations like them to help society come to terms with the technology. I'm not condoning what they're doing, but I am trying to point out that it might not have happened if people were more educated about what is really going on.