* Are all sysops criminals?

Tom Jennings
FidoNet 1:125/111
usenet ...hoptoad!kumr!anomaly (anomaly@FIDONET.ORG)

24 Nov 90

The U.S. Constitution does not grant us rights. "Our" government 
does not grant us rights. They have nothing to give us, other 
than ostensibly services which it provides from our taxes. (I'll 
leave that one alone here.)

The Constitution simply admits that, as humans, we have certain 
rights, and that the government recognizes this, and promises not 
to take them away. THAT was the revolutionary idea behind this 
government.

This is an incredibly important difference, and one which our 
gov't doesn't like to emphasize. They want it to appear that they 
are the defenders of all that is good, when in reality they are 
one of the worst offenders. 

			* * * * *

Tim Pozar & I just got back from the Hackers Conference 6.0. (The 
Hackers' Conferences are an invite-only social event for the 
creative weirdos who make up at least part of the forces behind 
the (mostly) software frontier. When they were started in '84, 
the micro software industry was still somewhat laughable in 
large-industry terms (though given a lot of credibility (sic) by 
the IBM PC a few years before), and "hacker" usually meant more 
or less what "ham" did in amateur radio.

I've been to four of them so far, 1, 2, 4 and 6. The first two 
were great, the 4th not so, in my peculiar opinion. It was too 
... isolated. The whole trickle-down thing revisited. Like this 
-- "We're making the tools that will benefit the world" and all 
that rot, and if it only cost $500, everyone could buy one. 
(Forgetting that they themselves are 1% of 1% and $500 is an 
unthinkable figure for *most* US citizens -- and growing.)

But this year was different. 

			* * * * *

The unix-based usenet network has many corporations that pay for 
telecomm costs, unlike us bums who pay for it ourselves, or on 
the sly where possible. Until a year or so ago, FidoNet was not 
considered a "real" network, whatever that is. Part of it was 
simple snootiness, but a big part was simply that we sprung up 
from a place no one was expecting, and even when the wilder of 
the "traditional network" bunch looked in the right direction, 
they weren't sure of exactly what it was they were seeing ... you 
have to admit we are a curious bunch.

People don't just "build" networks. They are expensive, take all 
that expensive minicomputer hardware, and who takes care of all 
those user accounts? What user accounts?! Where's your VAX? Hey 
wait a minute ... 

			* * * * *

Some INTERNET nodes specialize in FTP'able (filereqestable) 
files; utilities, documents, that sort of thing, just like 
FidoNet nodes do. One specialized in .GIF picture files, 
including some of variously erotic content. The (gov't) sponsors 
of the net (in keeping with the current censorious trend) ordered 
the stuff "off". The Finnish offered to take the files, where 
they quickly became 70% of the traffic ... and indication of 
their U.S. popularity.

Then the feds (I forget the branch) told the Fins: if you 
continue to provide those files to the U.S., we will cut all of 
your network connections. The Fins had no choice; survival comes 
first.

			* * * * *

The Hackers Conference was in a ski-lodge in Tahoe City, starting 
Friday afternoon, ending Sunday afternoon. Sleep optional. Dinner 
served at midnight. (Us vegetarian types had to sludge through 
greasy sauce-laden meat and such. Where "mint tea" is some grim 
lipton-clone where I swear they simply held a mint-leaf over the 
mixing vat ...) 

After the usual preliminaries (beer, M&M's, 10,000 "hello"s, 
finding rooms, etc) the fun begins -- a 48 hr long bullshit 
session, interrupted with food, sleep and occasional 
not-well-organized "sessions". 

In one of the bigger sessions, someone asked "how many people had 
been interviewed recently by the FBI?" Fully 1/4th raised their 
hands.

			* * * * *

The FidoNet is nothing if not contradictions -- independent, 
unpredictable, paranoid, decentralist, self-sufficient, flexible, 
reactionary, technically sophisticated ... Some wonder how we get 
anything done. I wonder how anyone ELSE gets things done!

What appears to be a liability to the "rest of the world", our 
"lack of organization", lack of resources (90's code word for 
money) may be our long-term survival and later cause forŤ
rejoicing.

Corporate "resources" don't come without strings, as the usenet 
may be about to find out. This past weekend, that bastion of 
liberalism (well, liberal capitalism; well, capitalism) Apple 
Computer just pulled the plug on the alt.sex.* newsgroups. (Their 
equiv. of echo conferences; ".*" means just what you DOS users 
might guess; it's a lot of conferences!) (Apple was a very big 
"backbone" distribution node.) Why? "Too controversial" or some 
such. I'm sure it's a "good reason". And of course they can do 
it, just like that. It is not unthinkable it will start a "run" 
on plug-pulling. 

Before we get too snooty ourselves, we have to keep in mind that 
we are just as vulnerable, maybe more so -- we don't have the 
resources to defend ourselves, nor the connections (yet) to the 
network community (though thanks to Tim Pozar we have ufgate 
(usenet/fidonet gateway) and INTERNET status). WE NEED THOSE TO 
SURVIVE. And we can do it while maintaining our utter and 
complete independence. And, the INTERNET will learn from us.

			* * * * *

To a few people, the high number of (ahem) interviewees was not a 
surprise. Mitch Kapor and John Barlow both had funny (if it was 
fiction) and foreboding (because of the feds power and ignorance) 
"interviews". The story is quite interesting, and was available 
on The Well and in print. To make a long story short, they have 
formed the EFF -- Electronic Frontier Foundation -- to defend 
First, (protected speech) and Fourth, (unreasonable 
search/seizure) Constitutional Amendments, as well to monitor 
ECPA (Electronic Communications Privacy Act) and other 
violations, and to work with legislators to work out fair laws.

What was most heartening to me, was the approach -- instead of 
defending only the "nice, upstanding", positive-image type cases, 
they went for the real issues -- the kids and families getting 
busted at gun point by the feds, where literally every piece of 
electronics removed from the house, no recourse, no reason, no 
charges filed. The Niedorfer case, where the claimed $70K "stolen 
file" is found to be a brochure available to anyone for under 
$14. (And the press still calls it "stolen 911 software".) Steve 
Jackson Games; computers seized because an employee allegedly had 
on his home BBS a copy of the E911 doc (they were confused as to 
the location of the BBS; they later claimed that S.J's cyberpunk 
games (role playing like Dungeons & Dragons) were actually 
instructions on how to break into real-life computers!)

In another case, the FBI thought that (1) John Draper (aka Cap'n 
Crunch) was CEO of AutoDesk and (2) AutoDesk was involved in Star 
Wars research, because they worked with something called 
"hyperspace". Yup -- it's hilarious, only they have guns, 
secrecy, bureaucracy and the power to evade legal process and 
accountability. And, you get hung in the press because their 
version of "reality" is so ... heavy.

It is so rare to find someone who acts "from the heart" in their 
life, politics and actions, willing to put reputations at stake 
and correctly defend the "undefendable" first, not last. I have 
nothing but good things to say about EFF and it's supporters.

			* * * * *

This years FidoCon should be the best one yet. I'm actually 
looking forward to going, a rare event. (I'll drive out in my 
propane-powered '63 Rambler.) John Barlow, now of EFF fame, will 
be speaking. And you ought to listen -- not only is he an 
interesting speaker (and lyricist for the Grateful Dead!), the 
subject is Your Personal Future -- our governments actions 
against all too ordinary citizens, and what the EFF is doing, and 
what you can do as well.

We all went through some internal hell these last few years, of 
which the growth and death of IFNA was merely a symptom. Look -- 
the FidoNet doubled in size every few months for years, and is 
still growing at a rate that is completely, bar-none, 
unprecedented. How many of you have broad-based communications 
skills or experience? How many of you had telecomm. and/or 
conferencing experience before FidoNet? Simple experiences of 
speaking in a large group of diverse people? And I mean as in 
communications with humans, not hacking. Very few of us, I'm 
afraid, and while it's been a serious problem, it (1) affords us 
a fresh perspective and (2) simply something we have to deal 
with. The fun is in the learning.

I think we are heading for the fourth phase of FidoNet growth 
(innocent start, echomail, paranoid self-consciousness, ...). The 
timing is good -- we have some real work cut out for us.

			* * * * *

So this year's Hackers Conference was different. How? Finally 
they reached my level of paranoia. There was an edge of stark 
reality in the air. A bit more tied to the planet.

Personally, it completed a circle. Now, every single thing I'm 
involved in is officially disliked and under investigation and 
infiltration by police of one sort or another. I think those that 
though "well, you must have somehow brought it on yourself" are 
starting to see, it's not like that at all ...

			* * * * *

By the way -- you might have heard about the nonsense at Prodigy 
-- the idiotic administrators using broadscale censorship 
(correct word) to squash dissent. What you probably don't know -- 
because the reports themselves were self-censored -- was that the 
original discussion, purged by Prodigy, was over gay rights and 
anything to do with gay people. This is what Prodigy claimed was 
"offensive material".

Shame, shame, on the so-called liberal types who in their turn 
did not report that. It was not simply not including the gay 
angle; it was intentionally removed, a very different thing. 
Everyone suffers from that removal.

			* * * * *

(1) The usenet is our ally. We need as many interconnections with 
it, and other networks, as is reasonably possible. We are all 
under attack. Besides, it's technically interesting.

(2) Don't fall for what Pastor Martin Niemoller did; ("In Germany 
they first came for the Communists and I didn't speak because I 
wasn't a Communist...") We're all "commies" in that sense -- the 
brat hackers are simply the thin edge of the wedge. Criminals are 
criminals -- which is decided in a court of law, not with a 
sealed search warrant and intimidation.

(3) Watch for EFF stuff in the net, or contact them directly. EFF 
Inc, 112 Second St, Cambridge MA 02142. voice (617)-864-0665, or 
usenet eff@well.sf.ca.us Bug 'em for an echo conference. Tell 'em 
you are from the FidoNet. 

(4) The First Conference on Computers, Freedom & Privacy will be 
held 25 - 28 March 91 at the SFO Marriott. The goal is to open 
channels of communication between network and telecomm experts, 
info/datacomm providers, law enforcement, prosecutors, 
constitutional exports, computer users and civil libertarians. 
Attendance will be limited to 600 people. The event is sponsored 
by Computer Professionals for Social Responsibility, and chaired 
by Jim Warren (of West Coast Computer Faire, amongst other 
notorieties). CFPconf, 345 Swett Rd, Woodside CA 94062, FAX 
(415)-851-2814, or usenet jwarren@well.sf.ca.us

			* * * * *

	It is of more importance to the community that 
	innocence should be protected than it is that 
	guilt should be punished, for guilt and crimes 
	are so frequent in the world that all of them 
	cannot be punished, and many times they happen 
	in such a manner that it is not of much consequence 
	to the public whether they are punished or not. But 
	when innocence itself is brought to the bar and 
	condemned, especially to die, the subject will 
	exclaim, "It is immaterial to me whether I behave 
	well or ill, for virtue is no security". And if such 
	sentiment as this should take place in the mind of 
	the subject there would be an end to all security 
	whatsoever.

	-- John Adams