Previous Politech message: http://www.politechbot.com/p-03728.html --- From: =?windows-1255?Q?=E2=EC_=EE=E5=F8?= <GAL-MO@y-i.co.il> To: "'declanat_private'" <declanat_private> Subject: Goner worm suspects indicted in Israel Date: Mon, 5 Aug 2002 18:20:34 +0200 Hi Declan, Thought you might be interested. The following article was published in Ynet, Israel’s news portal http://www.ynet.co.il/articles/0,7340,L-2041436,00.html Goner worm suspects indicted in Israel By Gal Mor, Ynet The State Attorney’s Office in the Northern District of Israeli has indicted 5 Israeli teenagers for creating and distributing the Goner Virus late last year. The five partners live in the city of Naharia, located in northern Israel. All of them are under 18, and therefore this case is heading to Juvenile Court. According to the indictment, one of the teens created Goner, based on the Melissa virus, on December 2001. He asked four of his friends to distribute the virus in Israeli web sites. The four partners published copies of the virus as attachments to postings on discussion groups. Many unsuspecting users who thought the virus was an innocent screen saver downloaded it and helped, unintentionally, to distribute Goner. Three of the partners tried to eliminate evidence from their computers after they learned that Goner has wide spread all over the Internet. The five partners are charged primary by violating chapter 6 of the Israeli computer law: “6. A computer virus A person who writes a software program in such a manner that it is capable of causing damage or disruption to an unspecified computer or computer material in order to cause unlawful damage or disruption to a computer or computer material, specified or unspecified, is liable to imprisonment for a period of three years. (b) A person who conveys to another, or who infiltrates another's computer with, a software program that is capable of causing damage or disruption as stipulated in Subsection (a), in order to cause unlawful damage or disruption as aforesaid, is liable to imprisonment for a period of five years.” Regards, Gal Mor Computers and Internet correspondent Ynet www.ynet.co.il Tel: 056-400-405 --- Date: Tue, 06 Aug 2002 04:49:52 +0200 From: "BoazGuttmanAdv." <bg10at_private> Organization: B.GRG Ltd. To: Declan <declanat_private> Subject: Goner Virus Indictment Formal Release Hi Declan Goner Virus Indictment Release I had to wait till today to the formal release.Now the Indictment is ready to download here in pdf.1.2 MB.The reason - I did not reach the Prosecutor of the case Yehiel Lifshiz Adv. today,Maby he is tired from the long flight from US...I asked him for a word version.In any case page by page English Translation will be soon in our site in the same place.He is also in this mailing list.What I must to note that 10 persons in the witness list from 1-10 are all the Israeli National Cyber Crime Section.The 11th Investigator Koby Forlighter - Interpol Training Graduate was on holiday in the day of operation.Part of you can find in this list part of Investigators you know abroad.Like Ohad Genis FBI graduate.Eyal Sharon the Intelligence Cyber Crime Officer that got the information during our meeting in Comdex to his cell from somebody in a Chat.Witness no.17is from the American Company mentioned in the Charge Shett.Thats Dennis Woolbert,Chief Executive Officer of Phoenix Consultants Group in NJ.As I said before nothing to do with FBI assistance or request in this case.From the begining till the end...Israelis made...All the partialy past publictions in US media concern FBI or trace from US needless to say without basis at all.We say here - "every body was on Altelena..."(every body was on the Menahem Begins Arms Ship in 1948....). Goner Virus Indictment Hebrew Download from my urls here : http://www.bgrg.co.il/348.pdf http://www.4law.co.il/348.pdf http://www.ruppin.ac.il/upload/1068/GonerIshum.pdf The news today afternoon in Israeli Biggest Portal(Hebrew): http://news.walla.co.il/ts.cgi?tsscript=item&path=&id=264331 They made a direct link to our cyber crimes page in the end of the news this one: http://www.bgrg.co.il/6.html The Hebrew Haaretz: http://www.haaretz.co.il/hasite/pages/ShArt.jhtml?itemNo=194433+ The English Haaretz this morning: http://www.haaretzdaily.com/hasen/pages/ShArt.jhtml?itemNo=194489&contrassID=2&subContrassID=1&sbSubContrassID=0&listSrc=Y Summary of the Charge sheet for English readers:5 juvenile.4 from Naharia.1 from a small village near Haifa.Years of birth.85,86,88. In Nov. 01 Juvenile 1 edited the virus.He improved the virus.In the second part of Nov. he edited the virus from Malissa Virus.He called it GONE.The virus was planed so that "she will read" the mailing list in the OUTLOOK.Also to enter the ICQ and MIRC.Moreover " in her attributes" the virus was planed and made crash of Anti Virus software like Norton,Macfee. crash and shut down also Firewall(page 2 section 6 of the charge sheet - b.g.).After that Juvenile 1 edited the GONE he asked his friends 2,3,4,5, to publish it in various forums in the Internet, so that the reciever will think that he gets a screen saver.It was between the end of November to the begining of December.the other partners knew that this is a virus and juvenile 2,3,4, tried it before.Juvenile 2,published in forum in Rotter.net that the GONE is a screen saver and he knew that this is a lie.Juvenile 3 in the begining of December 2001 uploaded the virus to the Internet address: http://www.graphics-forum.net/uploads/gone.scr and published it as a screen saver,he also presented a link in the website of FRESH in order that others will download it.Juvenile 4 in the begining of December published the GONE virus in NANA`s Computer`s forum.Published the link and presented himself as a girl while doing this.Juvenile 5(from the village - b.g.)published news in Walla & Nana forums that this software is a screen saver.He knew its a lie.In steps of their activities damage was made to companies and organizations that have computers and networks.So for instance the virus damaged the computers of the consultancy company Phoenix Consultants Group,Inc from New Jersy in US lost of time and much money.the virus made damage to the computers of Radvision from Israel,Saydor from israel,The Herzelia Academic Center,as well as made damage to many computers of private users around the globe.In companies and organizations like NASA in US and others unknown.After that juvenile 1,4,5, knew from publishing in the media and the Internet the amount of the damage that the virus made,they deleted various files from their computers as they knew that these files can be used as an evidence in ajudicial trial in order to prevent the use of these files as evidence.(page 4 sec.15 - b.g) The sections they were cahrged:section 6 of the Computer Law here (English): http://www.bgrg.co.il/252.pdf http://www.4law.co.il/252.pdf destruction of eviedence (section 242 of the penal code ) and obtaining by fraud ( section 415 of the penal code ) plus section 29 of the penal code- performers together . PPT (English)of their arrest with evidence were presented in the Magistrate Court on December 2001http://www.bgrg.co.il/203.ppt http://www.4law.co.il/203.ppt Virus In Israeli Courts till today explanation: • Generating a computer virus A person who writes a software program in such a manner that it is capable of causing damage or disruption to an unspecified computer or computer material in order to cause unlawful damage or disruption to a computer or computer material, specified or unspecified, may be imprisoned for three years.A person who conveys to another, or who infiltrates another’s computer with, a software program that is capable of causing damage or disruption as described in the above paragraph, in order to cause unlawful damage or disruption as aforesaid, may be imprisoned for five years.This offense is deemed to be committed at the preparation stage, even if no harm results. Therefore, it is sufficient to show that the perpetrator had an intent to damage by the creation of the virus itself, rather than that he was successful in causing damage. Transmitting a computer virus makes this offense more serious thereby deserving a more severe penalty. *Verdicts The first trial in Israel for the offense of writing or spreading of a computer virus resulted in a Haifa Magistrate court approved plea bargain. The defendant(Gil Paz an RAFAEL Engineer - b.g.) inserted a malicious software in a computer of his former employer, REFAEL, Israel’s national defense lab. The software was designed to remove different computer files and cause a lasting damage to REFAEL’s projects and systems. The software also included a command designed to eliminate its own traces so that it would be impossible to find it. Before the software started its operation it was discovered by the person who replaced the defendant in the computer department, who promptly canceled the command designed to start the application of the malicious software.In its 1998 decision, the Haifa Magistrate Court confirmed the plea bargain mainly because this was the first conviction in Israel for an offense under section 6 of the Law. Nevertheless, the Court gave a detailed decision stating that it was designed to send a clear and direct message to whomever maliciously uses a computer. The Court interpreted section 6 of the Law, titled “A computer virus,” as being applicable to different types of “malicious software” including “worms,” “logic Bombs,” “Trojan horses,” “viruses,” and “stealth viruses.” The Court held that the damage that can result from such software programs may cause serious harm since they may destroy computer files that contain important information, the retrieval of which may be difficult or impossible. This is the reason for the harsh punishment imposed by the law on a person who conveys such software to a computer of another. The Court held “It is therefore necessary to make it clear to whoever wishes to write “malicious software,” to convey it to another computer or to commit another malicious use in a computer, that the court will not be lenient with him when he is caught...whoever maliciously uses his computer will find himself in a place where other people who committed malicious acts are found, distanced from his computer and prevented from repeating his malicious actions, at least for a specific time.” Despite of the harsh words, the defendant was sentenced to eighteen months incarceration, twelve of which are on probation and the rest may be served by public works. A 2000 decision of the Tel Aviv magistrate court illustrates a stricter enforcement of the law which prohibits generating and conveying of computer viruses. In the circumstances of that case the defendant(Demitry Grinberg - b.g.) had generated a virus which was later conveyed by his soldier girlfriend(Tania Birman - b.g.) to fifteen computers in a military base(The main signal corps IDF`S base). As a consequence, the computers were subjected to a sizeable damage which affected the functioning of the base for a period of one month. The girlfriend was sentenced by the military court to nine months of actual imprisonment. The defendant, a civilian, was sentenced to seven months actual imprisonment and thirteen months probation. In its decision the court (Judge Zeharia Caspi,later in the Analyzer verdict - b.g.)relied on public interest and the need for deterrence as well as punishment for the offense. The court noted that the more reliant on computers a society is, the larger the harm done to its data when it is deliberately corrupted. The fact that the infected computer in this case was a military one, and that the action of creating the virus required a deliberate and rational act indicates that the crime was planned with real malice. Actual imprisonment was therefore deemed a suitable punishment. The cases referred to above illustrate a trend to impose harsher penalties on convicted offenders in the future. The IDF virus in the base case slide & verdict - English is in this ppt of the Intelligence Commanders training of the Police HQ: http://www.4law.co.il/304.ppt http://www.bgrg.co.il/304.ppt note: There are another case under pending with a virus case also in Tel Aviv Magistrate Court will start in October 2002 the State v. Toni Asadi.In this case the man sent false statements in the net concern blast and bombings and by the way sent virus to private users.Not so huge damage like this case will be open in the Haifa Juvenile Magistrate Court.The boys just got the charge sheet last week by mail.There is another person that was working in the security forces network as a contractor that sent trojans to private computers he finished his job on the day the police found him.I dont know whats going with his case.His file was sent before a long time to the District Attorney`s Office. I think you have now clear picture concern virus etc. concern open courts.... NOTE: for our readers in US:Our website http://www.4Law.co.il was moved today to a US server from this evening.The http://www.bgrg.co.il is still at Israel.I hope US readers can now better download from the Mirror - American server.I think it will help also to visitors from Arab units that asked me for ppt`s "with hotmail"...to download free without fear that they will hang them as suspect spy ... Regards Boaz Guttman Adv. http://www.4law.co.il http://www.bgrg.co.il ------------------------------------------------------------------------- POLITECH -- Declan McCullagh's politics and technology mailing list You may redistribute this message freely if you include this notice. To subscribe to Politech: http://www.politechbot.com/info/subscribe.html This message is archived at http://www.politechbot.com/ Declan McCullagh's photographs are at http://www.mccullagh.org/ ------------------------------------------------------------------------- Like Politech? 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