FC: More on Brian K. West, DOJ, and "Good Samaritan" prosecution

From: Declan McCullagh (declanat_private)
Date: Sun Aug 26 2001 - 08:22:57 PDT

  • Next message: Declan McCullagh: "FC: Letter to CAGW and CSE: Why should governments use MS products?"

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    In-Reply-To: <5.0.2.1.0.20010825100116.00accec0at_private>
    Date: Sat, 25 Aug 2001 19:41:18 -0400
    To: declanat_private, politechat_private
    From: John Noble <jnobleat_private>
    Subject: Re: FC: U.S. Attorney replies to "Good Samaritan" outcry with
      statement
    Cc: gharlanrat_private
    
    It's an interesting defense -- accidental penetration. Maybe somebody on
    your list, Declan, who knows more about network security can answer this
    question: if a hypothetical cracker was nailed by real-time monitoring -- a
    "gotcha" while online and inside the network -- would he likely know it or
    suspect it? Or can we assume that his voluntary report of his accidental
    accomplishment was the product of good faith and stupidity?
    
    John Noble
    
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    Date: Sat, 25 Aug 2001 11:30:21 -0700
    From: Anthony Mournian <mournianat_private>
    To: sheldon.sperlingat_private, Declan McCullagh <declanat_private>
    
    August 25, 2001
    
    Sheldon J. (Shelly) Sperling
    United States Attorney
    Eastern District of Oklahoma
    1200 West Okmulgee
    Muskogee, OK 74401
    sheldon.sperlingat_private
    
    Re: Brian K. West
    
    Dear Mr. Sperling:
    
    I have been following this matter and received a copy of your message
    regarding the ongoing investigation.
    
    I appreciate the U.S. Government's vigilance and attention to the law.
    However, based on my limited knowledge of the facts in this case, and 25
    year career as a trial lawyer (two facts which are at odds with one
    another) I wonder just what is happening here.
    
    Probably the single thing that bothers me most is the apparent offer to
    settle the case if Mr. West enters a plea to a charge, and yet you say
    he has not been charged. If I had received your offer to plea to the
    charge I suspect I would have felt as threatened as does Mr. West.
    
    Somehow this whole thing of Internet security has begun to turn upside
    down. It has a chilling effect on free and open communication when it
    becomes a crime to talk about the possibility of breaching security, or
    to discuss it in an open forum. It has a chilling effect on free speech
    when the U.S. Government decides to act like the 800 lb gorilla and go
    after a person like Brian K. West, who did in fact look at the content
    of another person's computer, and had the common sense to report the
    complete lack of security to the computer's owner.
    
    Funny, I feel even by writing you this note I invite investigation by
    Big Brother. As I read other articles, I see reference to Carnivore
    becoming a part of all our lives, as the FBI, and thus the U.S.
    Government, listening in or recording, or examining private
    communications at will. Yes, of course, the goal is noble that the Good
    Guys want to catch the Bad Guys, but there are a lot of us Other Guys
    who don't want Big Brother sticking its nose in our business, reading
    our mail, or listening to our phone calls.
    
    Much of this note is off the point, and yet is directly on point. The
    U.S. Government is too much in many of our lives already, and this
    newfound Mecca of computer investigation and The Hammer for those who
    even technically step off the line, as apparently did Mr. West, is a bit
    too much.
    
    Yes, you can decide to hammer Mr. West. Yes, you can put the fear of Big
    Brother in many of us, and yes, you will contribute to the continuing
    loss of Free Speech in a way that saddens me, and will affect the unique
    society we call the United States of America.
    
    I hope the U.S. Government sees the light and acts in a common sense
    manner in the resolution of this matter. Brian K. West is no more a
    criminal than you are, and he does not deserve to be treated like one.
    
    Best regards from SoCal,
    
    Anthony F. Mournian
    Attorney at Law
    4770 Kane Street
    San Diego,  CA 92110
    California State Bar #55952
    mournianat_private
    
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