FC: An (ex)hacker's experience being pursued by the Feds

From: Declan McCullagh (declanat_private)
Date: Mon Apr 16 2001 - 09:42:33 PDT

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    [To clarify my last post (http://www.politechbot.com/p-01921.html): In the 
    Jim Bell trial, Judge Tanner first sealed *everything* until the trial was 
    over, and also barred anyone from publishing the jury list until the trial 
    was over. After the verdict was in and the jury dismissed, the DOJ asked 
    for a partial seal of exhibits and transcripts in perpetuity, and Tanner 
    said he didn't have the authority. --Declan]
    
    *********
    
    Date: Sat, 14 Apr 2001 16:01:27 -0400
    To: declanat_private
    From: e cummings <berniesat_private>
    Subject: Re: FC: Epilogue: U.S. v. Jim Bell trial in federal court in
       Tacoma
    
    declan,
    
    i read your and others' accounts of jim bell's trial with a nauseating 
    feeling of deja vu.  as you know, about six years ago i was arrested on a 
    state misdemeanor charge of possessing a device that could be used for the 
    theft of telecommunications services.  after my arrest, i was questioned by 
    a special agent of the the u.s. secret service, who told me he didn't feel 
    my case warranted federal attention.  the next day however, when local 
    police and USSS agents searched my home and found information in my files 
    that made them nervous, the feds asked the local police to drop their 
    charge so the feds could take it over.
    
    what made the feds so nervous as to cause them to repeatedly describe me as 
    "dangerous" to local and federal judges?  information.  my personal files 
    contained printouts of the names, phone numbers and addresses of secret 
    service agents, all of which i compiled from public sources.  also in my 
    files were list of USSS radio frequencies and code names (again, all 
    compiled from public sources.)  what apparently upset them the most, 
    however, was surveillance photos of some of their undercover agents 
    (picking their noses) that i caused to be aired on an evening news 
    broadcast of the local philadelphia FOX-TV affiliate in a 1994 story about 
    hackers.
    
    as i was being driven to my federal arraignment, one of the USSS agents 
    whose photo was taken told me they "took a lot of heat" because of the 
    airing of those photos.  months later, while i was being held without bail 
    in a maximum-security federal prison, my federal prosecutor told my 
    attorney (who was previously her superior at the u.s. attorneys office) 
    that she was under "extraordinary pressure" from the u.s. secret service to 
    get a conviction in my case--even thought there was not even an allegation 
    of fraud or victims.
    
    to make a long story short, i spent 14 months in 5 different 
    maximum-security prisons for a victimless, drug-free crime at the urging of 
    the u.s. secret service, which repeated told judges they considered me 
    "dangerous."  the federal presentence investigation report stated that USSS 
    agents interviewed some 20 people across the country about me, and under 
    cross-examination the lead USSS agent in my case conceded that none of them 
    said i was capable of violence.  there were no firearms or explosives found 
    in my home (although a handful of books on the subject were 
    confiscated.)  that same federal report also concluded that "there were no 
    victims in the offense."
    
    apparently the u.s. secret service isn't the only federal law-enforcement 
    agent that considers anyone who keeps tabs on them "dangerous."  you can 
    bet jim bell won't be a free man for several years if federal agents have 
    any say in the matter.
    
    -ed cummings
    "CALEA's first casualty"
    
    
    
    
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