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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
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----------------------------------------------------------------------
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 <tk0jut2@mvs.cso.niu.edu>
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 ftp.eff.org:pub/academic/civil-liberty/freedom-of-expression.aclu
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 <landmines, letterbombs, pipebombs, etc..> 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<household>
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 <pool acid>
hydrogen peroxide peroxide
lead acetate sugar of lead
lead tetro-oxide red lead
magnesium silicate talc
magnesium sulfate epsom salts
naphthalene Moth flakes <or moth balls>
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
--------------
<Instructions deleted by CuD editors>
SMOKE BOMB #2
----------------
OK, now for some of the REALLY fun stuff...
<Instructions deleted by CuD editors>
Jug Bomb
----------
<Instructions deleted by CuD editors>
Acetyline Bomb
----------------
*VERY DANGEROUS*
<Instructions deleted by CuD editors>
and now for the best known of the easy bombs....
NITROGEN TRI-IODIDE method #1
-----------------------------------
<Instructions deleted by CuD editors>
NITROGEN TRI-IODIDE method #2
-----------------------------------
<Instructions deleted by CuD editors>
PLASTIC EXPLOSIVE
-------------------
<Instructions deleted by CuD editors>
NAPALM <basically>
--------------------
<Instructions deleted by CuD editors>
GUNPOWDER <generic>
----------------------
<Instructions deleted by CuD editors>
GUNCOTTON <smokeless powder>
--------------------------------
<cellulose nitrate>
<Instructions deleted by CuD editors>
PEROXYACETONE
-----------------
<Instructions deleted by CuD editors>
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
/^%_/^%_/^%_/^%_/^%_/^%_/^%_/^%_/^%_/^%_/^%