Computer underground Digest Sun Sep 12 1993 Volume 5 : Issue 71 ISSN 1004-042X Editors: Ji

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Computer underground Digest Sun Sep 12 1993 Volume 5 : Issue 71 ISSN 1004-042X Editors: Jim Thomas and Gordon Meyer (TK0JUT2@NIU.BITNET) Archivist: Brendan Kehoe Shadow-Archivists: Dan Carosone / Paul Southworth Ralph Sims / Jyrki Kuoppala Ian Dickinson Cookie Editor: Etaoin Shrdlu, III CONTENTS, #5.71 (Sep 12 1993) File 1--Law enforcement in the Elansky case File 2--The Elansky Case and the (edited) Anarchy Files Reprinted File 3--More Non-Net Sources for CuDs, Phrack, etc Cu-Digest is a weekly electronic journal/newsletter. Subscriptions are available at no cost electronically from The editors may be contacted by voice (815-753-0303), fax (815-753-6302) or U.S. mail at: Jim Thomas, Department of Sociology, NIU, DeKalb, IL 60115. Issues of CuD can also be found in the Usenet news group; on CompuServe in DL0 and DL4 of the IBMBBS SIG, DL1 of LAWSIG, and DL1 of TELECOM; on GEnie in the PF*NPC RT libraries and in the VIRUS/SECURITY library; from America Online in the PC Telecom forum under "computing newsletters;" On Delphi in the General Discussion database of the Internet SIG; on the PC-EXEC BBS at (414) 789-4210; and on: Rune Stone BBS (IIRG WHQ) (203) 832-8441 NUP:Conspiracy; RIPCO BBS (312) 528-5020 CuD is also available via Fidonet File Request from 1:11/70; unlisted nodes and points welcome. EUROPE: from the ComNet in LUXEMBOURG BBS (++352) 466893; In ITALY: Bits against the Empire BBS: +39-461-980493 ANONYMOUS FTP SITES: UNITED STATES: ( in /pub/cud ( in /pub/CuD/cud in /pub/mirror/cud ( in /pub/eff/cud AUSTRALIA: ( in /pub/text/CuD. EUROPE: in pub/doc/cud. (Finland) in pub/cud (United Kingdom) COMPUTER UNDERGROUND DIGEST is an open forum dedicated to sharing information among computerists and to the presentation and debate of diverse views. CuD material may be reprinted for non-profit as long as the source is cited. Authors hold a presumptive copyright, and they should be contacted for reprint permission. It is assumed that non-personal mail to the moderators may be reprinted unless otherwise specified. Readers are encouraged to submit reasoned articles relating to computer culture and communication. Articles are preferred to short responses. Please avoid quoting previous posts unless absolutely necessary. DISCLAIMER: The views represented herein do not necessarily represent the views of the moderators. Digest contributors assume all responsibility for ensuring that articles submitted do not violate copyright protections. ---------------------------------------------------------------------- Date: Sun, 12 Sep 1993 00:08:31 -0400 (EDT) From: ALANDUNKIN@DELPHI.COM Subject: File 1--Law enforcement in the Elansky case Although the arrest of Mike Elansky, a/k/a "Ionizer", is probably the cause of haste and presumption on the part of the West Hartford police department, I can not necessarily blame them for putting him in jail in the first place. For example, let's look at the note included in the instructions for the file (without the annoying !'s and spaces): "Note to law-enforcement type people: This file is intended to promote general havoc and *ANARCHY*, and since your going to be the first assholes up against the wall.. there isnt a damn thing you can do about it, pigs!" If you look at other "anarchy" files, such as those in Phrack or other underground publications available in the CuD archives, they are carefully worded to say nothing of the sort written above. A disclaimer would usually include "I am not responsible for the information presented within" and "use at your own risk" type messages. The first line of the note says, "This file is intended to promote general havoc and *ANARCHY* . . ." In a law enforcement officer's point of view, this looks like encouragement of violence to me, and to draw such an example, look at the rapper Ice T and his famous "Cop Killer" song. Havoc, defined in Webster's Dictionary (1993 ed.), is "great destruction or devastation". This note certainly looks like encouragement of violence to me. However, this is not to say Elansky is responsible for the file at all, since he didn't write it, it was merely uploaded. Since an author was not specified (I don't know if one was or not since I have not seen the file in question), the police department either assumed that he wrote it or that he endorsed it. Does the file warrant such a large bond? No, but the prosecutor was probably seeking more sensationalism here then anything else. The International Information Retrieval Guild (IIRG), which Elansky belongs to, is trying to raise funds for bond. However, it burned me to see the IIRG lines in file 3 of CuD issue 5.69: "Buy His Freedom, Stop Government Censorship" "If we do not stop the government in its attempts to censor the public, we have abandoned what it truly means to be a Freedom Loving American". Government censorship really has nothing to do with the arrest, was you claim it was the West Hartford Police Department, which hardly qualifies to be the government. Plus, this is not censorship, it's the police trying to protect the public. Note I said "trying". ------------------------------ Date: Sun, 12 Sep 1993 16:08:55 CDT From: CuD Moderators Subject: File 2--The Elansky Case and the (edited) Anarchy Files Reprinted In CuD 5.69, we reported the status of Mike Elansky, the University of Hartford student and sysop of the Ware House BBS who was charged with "bomb-making recipes" in West Hartford Superior Court on August 2, 1993. The felony charges and the accompanying $500,000 bond, seem to be the result of exercising First Amendment rights. As of Sunday, 12 September, Elansky remained in jail. According to his father, David Elansky, Mike's pre-trial hearing is scheduled for 23 September, and it may be several weeks before he is released. The relevant warrants and other information are reportedly sealed, making information about the case more difficult to obtain. According to the arrest warrant, defense attorney Dick Brown, Elansky's parents, the media, and Elansky himself, the charges result from two "anarchy files" available on Elansky's BBS. David Elansky reports that he has been in contact with Mike Godwin of the EFF, and that Godwin has been exceptionally helpful. The files, written by "Deth Vegetable" over three years ago in Volume 1 (issues #1 and #2) of "Anarchy for Fun and Profit," contain little, if any, information not obtainable from a student who has completed a highschool chemistry course. Virtually all of the information contained in the files is readily available to the public from a variety of sources ranging from the t.v. program "MacGyver" to the "Anarchist's Cookbook." If Elansky is found guilty on charges stemming from possession and dissemination of these documents, then the producers of MacGyver and the network and its affiliates should also be brought up on similar charges. As, too, should "Mr. Wizard" and similar programs. If existing public information is correct, it appears that these documents are the primary source of evidence against Elansky. If existing reports are correct, the implications of the case are frightening for supporters of the First Amendment. There are also discomforting questions regarding the legal process. Among them: 1) How are electronic publishers to protect themselves against prosecutors who might hold electronic media to a lower threshold of First Amendment protections than other media? If Elansky is being punished for possessing and making such information available, why aren't tv stations, libraries, highschool chemistry teachers, and others, also held liable? Is it permissable for a juvenile to purchase the information in "anarchy files" in a book store, or learn the information in highschool courses, but illegal when they do so electronically? 2) It appears that the prosecutor's charges stem from gross ignorance of electronic media and text files. For example, it appears that the following text from each file was adduced as significant in the "evidence" leading to Elansky's arrest, and the implication in the arrest warrant was that Elansky was responsible for writing them: >From File 1: /--------------------------------------------------\ ! Note: ! ! To any Law Enforcement agency: ! ! FUCK OFF! This file is intended to promote ! ! General havoc and *ANARCHY* , and you cant ! ! do a god damn thing about it, PIGS. ! \--------------------------------------------------/ >From file 2: /--------------------------------------\ ! Note to Law-enforcement type people: ! ! This file is intended to promote ! ! general havoc and *ANARCHY*, and ! ! since your going to be the first ! ! assholes up against the wall.. there ! ! isnt a damn thing you can do about ! ! it, pigs! ! \--------------------------------------/ According to documents we have received, it seems obvious that Elansky did not himself write this. This is something easily checked by comparing the Ware House files with the "Anarchy for fun and Profit" files uploaded elsewhere. The passages were written in the original files, not added later. Further, the original author, as we note below, affirms that the introduction was in the original and was INTENDED AS SATIRE. As the reprints of the files below indicate, the context of the quotes supports this claim, and the passages are far more benign when read in the context of the entire introduction. There is absolutely no malice in the files, and the only reference to law enforcement (or anybody else) is contained in the snippets cited above. How can electronic publishers protect themselves against prosecutors who use the law to attack "ASCII demons" when what they in fact attack may be satire, adolescent posturing, or simply bad taste? 3) Should Elansky be in jail? Alan Dunkin (post #1, this issue) raises an interesting point. Although we strongly disagree with his conclusions, he correctly reminds us that, whatever their own hidden agendas, law enforcement officials are entrusted with protecting the commonweal. When they perceive evidence of danger, they are bound by their mandate to respond, whether reactively or proactively. However, not all reactions are wise reactions. Some will remind us that Elansky was not a saint. The Hartford Courant (3 Aug, 1993) reports that, at age 16 (1988), Elansky was charged with "illegal use of credit cards, computer crime, larceny, illegal possession of fireworks, manufacture of bombs, and other crimes." From the information we have obtained, the charges are far, far less serious than the list suggests, and his primary offense, according to the paper, was fraudulently obtaining merchandise with credit card numbers taken from Radio Shack dumpsters. Such actions cannot be condoned, and as his father reportedly said to a Hartford Courant reporter, his son "got himself in trouble and he deserved whatever happened." However, the senior Elansky added that, since then, his son has been repeatedly hassled by police (Hartford Courant, 3 Aug, 1993). Nonetheless, it might be argued that, given his past record and the introductory snippets to pyrotechnic instructions, the police acted properly in arresting Elansky. We reject this claim for several reasons. First, there is a difference between arrest and investigation. Simply posting anarchy files, even those that include pyrotechnic instructions, on a BBS is not a crime. Even if Elansky had written the files, it would not be a crime. Even if others downloaded it (and existing download logs suggest that the prosecutor's claim that a juvenile did so may be less convincing than first claimed), it is not necessarily a crime. Second, if Elansky did not commit a crime, he should not have been arrested. If his crime was, as it appears, simply exercising First Amendment rights, then his arrest is a travesty of justice. If it turns out that his "crime" was a technical violation of probation or of a local ordinance, then it seems that the $500,000 bond was outrageous and an abuse of prosecutorial power. Given the existing facts in the case, it remains inconceivable how the prosecution can justify its actions on the basis of the anarchy files in question. Third, CuD has obtained copies of the files in question. While they do provide primitive pyrotechnic instructions, they in no way advocate violence, suggest uses for the devices, or make any mention of police other than in the cited introductory snippets. Finally, the issue isn't Elansky, but the chilling effect that the West Hartford incident has for freedom of expression. As noted by the files' original author below, it makes not a soupcon of difference whether Elansky is an innocent babe or not. The issue is that IT APPEARS THAT HE HAS BEEN SINGLED OUT FOR PUNISHMENT FOR POSTINGS TO WHICH A PROSECUTOR, NOT THE LAW, OBJECTS. 4) The proceedings in the case also raise questions. As in many previous computer-culture cases, the prosecutor has sealed documents that would otherwise be public. Those close to the incident report that Elansky was deprived of counsel and "railroaded" through parts of the process. The prosecutor seems to recklessly misrepresent the nature of the files. And, it appears that the West Hartford police may actually be "out to get" Elansky. It was reported to us by sources close to the situation that on the day that questionable charges against Elansky were to be dropped for a prior case, the new charges were brought against him as he went to court on the original charges. If so, then it appears that computer culture becomes a convenient means of creating virtual demons in lieu of hard evidence. The more we learn about the case and the law enforcement initiative, the more disturbing it becomes. The "Offending" Anarchy Files Look as we will for some hidden evidence or rationale to explain Elansky's arrest, we can find nothing other than the anarchy files and the introductory snippet addressing law enforcement. The original author of the files confirms our original interpretation that the introduction was a spoof, and he seems astonished that anyone could take it as a serious threat. He also confirms that the information in the files is essentially a highschool chemistry synopsis: 11 Sept '93 The file in question, "Anarchy for Fun and Profit #2," was written by me 3 - 4 years ago. I am really more embarrassed by the files than anything else. They were written by me when I was in my "d00d" stage, a time of my life that I'd just as soon forget. As to where the info was obtained from, well, I have not even owned a copy of the file in question in over two years, and honestly did not think ANYONE had them anymore. But, as I remember, most of the plans were taken from a Chemistry text (the chemical reactions ones such as Nitrogen Tri-Iodide, or Thermite, etc. I don't remember what was in this particular file). As I remember, I'd tried almost all of the plans with a few exceptions. (one notable exception being the Hydrogen Peroxide device, which I later learned would not work anyway, not with Household HO2 anyway. simply too weak a solution.) As for the "disclaimer" bit at the beginning, to be perfectly honest, I am very surprised that anyone would take that seriously. It was meant to be a facetious spoof of all those "For Informational Purposes Only!" disclaimers that abound on most files of the time. Hah. I should have known the cops wouldn't have a sense of humor. I am very, very sorry for Mr. Elansky's current position. I cannot help but feel a little responsible for this poor guy sitting in jail. At the same time, I believe that my files were just a convenient target for the Police, and if mine hadn't been there, they would have gotten Mike Elansky for possessing someone else's files. They are attempting to "make an example of" Mike Elansky. In other words, they aim to set a legal precedent for violation of our First Amendment rights. No one can seriously claim that my files were aimed specifically against Law Enforcement agents. That's just plain silly. The only way a Police Officer would be injured through my files is if they went out and tried to make one of those things and it blew up in their face. Another thing that kind of bothers me, is that it has been said that the media is ignoring Mike Elansky because "he is not exactly an angel", so to speak. That doesn't matter! I don't care if the man killed 24 people with a plastic picnic spoon. His possession of this file is NOT illegal, and his arrest and subsequent jailing prior to trial is COMPLETELY and utterly Unconstitutional. To be perfectly honest, it makes me feel very ashamed that this kind of thing happens in America. "Land of the Free." Yeah. Tell that to Mike Elansky. - Veggie Whatever one thinks of such files, the files in question, as are most of the anarchy files we've read (and we can think off-hand of virtually no exceptions), were written with the passion of youth exploring their knowledge, pushing the limits of conventional norms, but falling well within legal limits of protected speech, as Carl Kadie suggests: Date--Mon, 6 Sep 1993 14:56:39 GMT From--kadie@CS.UIUC.EDU(Carl M Kadie) Subject--Constitutional protection for speech that advocates violence This is a summary ACLU's Bill of Rights Briefing Paper #10: Freedom of Expression. (Disclaimer: I'm not a lawyer.) In 1919 the Court agreed that there was no constitutional protection for speech that advocates violence. Indeed, it want even farther saying that any speech that had a 'tendency' to cause a violation of the law could be punished. This principle was used to convict a Socialist for mailing antiwar leaflets. In 1925 the Court established stronger speech protections, stating that speech could not be punished unless it presented 'a clear a present danger' of imminent harm. In 1931, this was used to overturn a conviction based on a California law. That law make it illegal to publicly salute a red flag -- the symbol of (violent) revolution. In 1950's during the second Red Scare, the Court backtracked saying that the clear-and-present-danger principle did not apply to speakers who advocated overthrowing the government, no matter how remote the danger of such an occurrence might be. (This paved the way for jailing political activists, loyalty oaths, etc). In the 1969 case of Brandenberg v. Ohio, the Supreme Court struck down the conviction of a Ku Klux Klan member under a criminal syndicalism law and established a new standard: Speech may not be suppressed or punished unless it is intended to produce 'imminent lawless action' and it is 'likely to produce such action.' Otherwise, the First Amendment protects even speech that advocates violence. The Brandenberg test is the law today. [See for the full text of the ACLU Briefing Paper Now, let's take a closer look at the offending text. The snippet in the second file repeats the text of the first with some elaboration, and is considered the most offensive: Note to Law-enforcement type people: This file is intended to promote general havoc and *ANARCHY*, and since your going to be the first assholes up against the wall.. there isnt a damn thing you can do about it, pigs! The first sentence addresses the audience. The second, especially in the context of the introduction (see reproduction of files below) is an obviously adolescent satirical statement that of itself makes no argument for "general havoc," and is no more a call for "havoc" than the Beatles' "Revolution #9" is a call for overthrowing the republic, than Johnny Paycheck's "Take this Job and Shove it" is a call for workplace violence, or hundreds of other artistic depictions of "havoc" are a call to anarchy. As forms of expression, anarchy files display the rebelliousness of youth in peaceful, albeit simplistic, ways, and the above, as an art form, is hardly approaching the criteria that would classify it as unprotected speech. Is it a "crime" to claim that police will be the first "assholes up against the wall"? The snippet doesn't advocate violence against police, it simply parrots a sixties mentality found in such chants as "Off the Pigs." It is certainly less offensive than legal t-shirts with graphics such as "kill a faggot for christ," "Nuke war-resistors," and others exhorting violence against non-law enforcement agents. We will let readers judge for themselves whether the files constitute sufficient danger to warrant the charges and excessive bail that apparently stemmed from them. The files are as they appeared in the original, although CuD editors HAVE EDITED/DELETED the actual pyrotechnic instructions. We have deleted nothing else. The files DO NOT contain any exhortations other than what we reproduce. ONLY the actual instructions are removed. The first file was originally 13,732 K, and the second 9,904 K. The instructions themselves were generally between 5-10 lines (up to 100 words) long, and not highly detailed. Our decision to delete the actual instructions rests on several factors. First, we are not concerned with legal implications. After all, the information in the files is commonplace and can be found in chemistry texts, libraries, and other sources. Rather, we are in full accord with those who are concerned about the possibility of children obtaining such information. As an ethical matter, we feel this is one instance were publishing restraint on our part is necessary. Second, publishing the instructions risks shifting the focus of attention from the First Amendment issues to debates over the propriety of presenting the files in toto. We can assure readers that there is nothing in the instructions that cannot be found on numerous other BBSes, both as a complete file and as individual excerpts. In fact, a Norton text search (ts) of just a few megs of anarchy files suggests a surprising similarity and "borrowing" from among the authors of text files. We cannot send out copies of the two files to individuals--not because of any fundamental principal involved, but because we simply don't have the time. Check your favorite "anarchy" BBS and you'll find them and many more. ==== THE REPRINTS OF THE FILES: ANARCHY FOR FUN AN PROFIT, ==== VOLUME 1, ISSUES #1 and #2 =========== >From File 1 =========== L.U.C.I.P.H.E.R. presents....... +[-]*[-]*[-]*[-]*[-]*[-]*[-]*[-]*[-]*[-]*[-]*[-]*[-]*[-]*[-]*[-]*[-]*[-]*[-]+ # # @ A N A R C H Y @ % % # F O R # @ @ % % # F U N A N D P R O F I T # @ @ % By: The Deth Vegetable % # Issue 1 Volume 1 # +[-]*[-]*[-]*[-]*[-]*[-]*[-]*[-]*[-]*[-]*[-]*[-]*[-]*[-]*[-]*[-]*[-]*[-]*[-]+ In this issue we will be dealing with the recreational or fun explosives, the Plans for offensive devices I will include in Issue 2. Of course anyone with an IQ high enough to melt Ice can figure the stuff out how to make the things included here into said offensive devices, i wont actually include the plans. Well, I'll cut the Babbling and get on to the good stuff..... /--------------------------------------------------\ ! Note: ! ! To any Law Enforcement agency: ! ! FUCK OFF! This file is intended to promote ! ! General havoc and *ANARCHY* , and you cant ! ! do a god damn thing about it, PIGS. ! \--------------------------------------------------/ OK, now that that is done with, lets move on to the good stuff... well a problem i used to have alot is that i could never find chemicals, so that you wont encounter this, here is a list of household equivalants... Name Equivalant ------ ------------ acetic acid vinegar aluminum oxide alumia aluminum potassium sulfate alum (also known as ALUMINUM SULFATE) ammonium hydroxide ammonia water carbon carbonate chalk carbon tetrachloride some cleaning fluids carbon hypochloride bleaching powder calcium oxide lime calcium sulfate plaster of paris carbonic acid seltzer ethylene dichloride "dutch" fluid ferric oxide iron rust glucose corn syrup graphite pencil "lead" hydrochloric acid myuriatic acid hydrogen peroxide peroxide lead acetate sugar of lead lead tetro-oxide red lead magnesium silicate talc magnesium sulfate epsom salts naphthalene Moth flakes phenol carbolic acid potassium bicarbonate cream of tartar potassium chromium sulfate chrome alum potassium nitrate saltpeter sodium dioxide sand sodium bicarbonate baking soda sodium borate washing soda sodium chloride salt sodium hydroxide lye sodium silicate water glass sodium sulfate Glauber's salt sodium thiosulfate photographers hypo sulfuric acid battery acid sucrose cane sugar zinc chloride tinner's fluid --------------- ---------------- SMOKE BOMB -------------- SMOKE BOMB #2 ---------------- OK, now for some of the REALLY fun stuff... Jug Bomb ---------- Acetyline Bomb ---------------- *VERY DANGEROUS* and now for the best known of the easy bombs.... NITROGEN TRI-IODIDE method #1 ----------------------------------- NITROGEN TRI-IODIDE method #2 ----------------------------------- PLASTIC EXPLOSIVE ------------------- NAPALM -------------------- GUNPOWDER ---------------------- GUNCOTTON -------------------------------- PEROXYACETONE ----------------- well OK, these have all been fairly simple experiments. I have tried them all many times and they work just fine BE VERY VERY CAREFUL! especially with the Napalm bomb, that is the most dangerous one included here. I suggest that anyone who doesnt have much experience in chemistry and Explosives, READ THE PYRO SERIES OF TEXTFILES! these are the best guide for beginners that i have encountered. I'd just like to Thank a couple of people , The Purple Snorkle-Whacker, for being VERY patient waiting for me to write this Sketch/The Slipped Disk; for letting me post "inane" comments. And all my fellow members of L.U.C.I.P.H.E.R. So until Issue 2! Later d00ds! THE DETH VEGGIE /^\_/^\_/^\_/^\_/^\_/^\_/^\_/^\_/^\_/^\_/^\ * CALL THESE AWESOME BOARDS * *-----------------------------------------* * THE WORKS 2000+ text files! * * (617) 861-8976 * * BLUDGEON RIFFOLA hack/phreak galore * * (508) 957-6913 * * PERFECT CRIME Hack/phreak galore * * (508) 957-4760 * * Darque Side of The Moon AWESOME * * (408) 245-SPAM * /^\_/^\_/^\_/^\_/^\_/^\_/^\_/^\_/^\_/^\_/^\ =========================================================== File #2 =========================================================== ][-*-][-*-][-*-][-*-][-*-][-*-][-*-][-*-][-*-][-*-][-*-][-*-][-*-][-*-][-*-][ % % ! A N A R C H Y ! % % ! F O R ! % % ! ! % F U N % ! AND ! % P R O F I T % ! ! % By: The Deth Vegetable % ! ! % Volume 1 Issue 2 % ][-*-][-*-][-*-][-*-][-*-][-*-][-*-][-*-][-*-][-*-][-*-][-*-][-*-][-*-][-*-][ Welcome to the long awaited issue #2 of Anarchy for Fun and Profit. In this issue I'll mostly be talking about offensive explosive devices, with a few regular type things too... ahh, heres a little anthem type thingy written by another LUCIPHER member to go with these files: " Bombs are fun, Bombs are great, Bombs help you lose that excess weight; Lose that finger, Lose that limb, Bombs help keep that body slim! " - Iskra /--------------------------------------\ ! Note to Law-enforcement type people: ! ! This file is intended to promote ! ! general havoc and *ANARCHY*, and ! ! since your going to be the first ! ! assholes up against the wall.. there ! ! isnt a damn thing you can do about ! ! it, pigs! ! \--------------------------------------/ Well now that we have gotten that little tidbit over with, on to the main stuff..... Pipe Bomb ----------------- Quick Suicide Method #1 --------------------------- Grenade (using above chemicals) ----------------------------------- Thermite ------------ Nitrogen Tri-Iodide (method #3) ----------------------------------- Nitrogen Tri-Iodide (method #4) ---------------------------------- Lead Azide ------------ Auto exhaust Flame thrower ------------------------------ Well thats about it for this issue... in the next issue (due out in June sometime) we will deal with some methods of 'phun'. Thanks to: LUCIPHER The Purple Snorklewhacker The Works BBS (home of L.U.C.I.P.H.E.R.) and last and least Lyndon LaRouche. \ <----//=====//\ > // // ^ | Iguana (if you can make a better one, we'll use it) L U C I P E R


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