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TO: whom it may concern
What is Copyright?
------------------------
>From a May 16, 1994 magazine column (Network Curmudgeon) in INFOWORLD page 45
by David Strom titled; "Who owns your E-mail messages?
'Netetiquette' for business"
I do not agree with the article that e-mail copyrights are an open issue.
As I understand it, the copyright law gives the original author of a written
piece exclusive copyright to that written piece. The copyright law does not
specify the written piece be on paper, stone, nor electronic form, just that
the written piece is tangible.
Defining tangible may be another problem. I looked up the word in two different
dictionaries and got basically the same result as one of the definitions;
"Discernible by the touch; capable of being touched; palpable."
"Capable of being understood or realized"
"Capable of being valued monetarily"
As I understand these theories, touching characters on a piece of paper isn't
going to be much different than touching characters on a computer monitor
display - both can feel very smooth.
I am sure the intention of the law is very clear on this, and I am as sure that
if I write an e-mail to somebody, I am the sole owner of that information unless
I specify otherwise.
I also am very sure the intention of the law is to protect innocent people not
criminals.
However, after declaring copyrights to e-mail, I will now attempt to explain my
concerns about when a persons copyright is violated and when a person would
lose their copyrights.
I feel, as I am sure how many honest people feel, that the minute somebody
begins planning and plotting any criminal activities to act upon, or to be
acted upon, those people give up their civil rights, and any copyrights to
materials used in their crime development.
What I am alluding to is a real world example I incurred. I run a small
computer bulletin board system (BBS) in San Francisco called "the Home
MultiMedia Hobbyist" (415/771-1788) and it is aimed at MIDI Music, MultiMedia,
and Virtual Reality. The purpose of the BBS is to give people with similar
interests in these areas a simple and affordable common ground for discussions,
information, and provide a library of programs and data files for the related
subjects.
Typically, when I am walking near the PC running the BBS and see activity
lights on the modem and hard disc drive, I will turn on the monitor to peer
in to see who's on line and see where their interests are focused at.
Recently when I did this I noticed a user reading his e-mail discussing
selling stolen credit cards.
I immediately contacted the local police and informed them of what I was
viewing on the screen, and that they should investigate this and stop this
criminal action. About three or more hours later, two officers came by my
apartment and I showed them the e-mail I had seen between these two users.
The police requested a print-out of the e-mail for evidence. I gave them a
print-out of the e-mails, and also the user information I had on the two
users engaged in the illegal activity.
I explained to the police the user information I had may not be legitimate,
and that I was reasonably sure the user information would be fake as is
typical of so many users on BBS's. Generally, on a BBS like mine, users
don't give their real names, but use alias'. I didn't expect that anybody
who is involved in criminal activities would ever give their real name,
address, and phone number for verification or registration either.
After a few day's I was again walking past the BBS system when I again turned
on the monitor to see who and what was happening again out of my basic
curiosity. I again saw one of the previous users having discussions via
e-mail with another user concerning payments for stolen credit cards, pagers,
and even about robbing somebody's house. I again called the police, after
about thirty minutes a single officer came by, I showed him what I had, told
the officer about the previous police visit.
This officer made a report, called the report in, got a case number assigned,
and told me the case would be assigned to the fraud unit. He also told me to
contact the fraud unit and keep them continually informed so that they might
follow-up on this case.
After a few day's of collecting 's as the users kept posting back 'n forth. I called the local police fraud unit to give them further information and see what can be done.
The officer who answered the phone had me speak to another inspector. The
following is the actual data transmissions of this case no. 940592272 from
me to the officers who were investigating.
As you will see, justice plays a blind hand using civil rights as an excuse...
Dear Mr. Secret Service Agent,
I was asked to send this FAX by the Duty Agent today.
I need help to either get a telephone tap on my computer BBS line, or
Caller ID so I can help catch two or more criminals who seem to be two
kids using my BBS as a E-mail drop for criminal activity negotiations and
conspiracy.
The following pages are intercepted E-mail's from a computer bulletin board
system (BBS) that I run here in San Francisco.
I first noticed the activity last Thursday April. 28, 1994 about 6pm.
Typically, when I see activity on my BBS I will turn on the monitor to see
who and what is going on the BBS. Last Thursday night I had noticed
somebody reading their E-mail referring to stolen credit cards.
I promptly called the local San Francisco police and explained to the
dispatcher what was happening. The dispatcher said she would send somebody
out to take a look. About four hours later two officers I showed them what I had
seen in the E-mail and they asked for a print-out as evidence.
I gave them the print-out including the personal data I had for each of the
two perpetrators that was left on my BBS. I don't know if the personal data
is accurate or not, but a phone trace could prove either way, and be easy to
pin-down the two kids anyway.
Next I again saw similar E-mails between these two on May 4, 1994 early in
the morning when I was getting ready for work about 6am. I called the police
again and a single officer came by, I gave him a print-out
of the current E-mail, he called in and gave me a case no. 940592272 and told
me to contact the fraud department at 553-1521.
Next I saw the continuation of E-mails last night May 5, 1994 about 6:30pm.
As I watched the user (The Macdaddy #625) writing his E-mail, I noticed he
was even talking about a plot to burglarize somebody's (named Peter) home.
I immediately called the police again to report this new current action.
I was asked to call back in the morning, and was unable to get any interest
to try and catch the culprit on line.
By this time I am capturing all the E-mails I can from these two users. I
made some print-outs to keep for pick-up by the police and my own records
to try and track what's going on.
Then I called the F.B.I. today, asked what they could do. I was told to
contact the Secret Service because stolen credit cards is an issue the
Secret Service can handle. After talking to the local San Francisco Police
(Inspector SF Police of fraud division) I was informed that it is difficult
for local police to get telephone line taps and traps. I was also informed
that it was easier for federal agencies can get telephone taps and traps
much more easily.
That is why I am writing this letter now. So that perhaps the Secret Service
can work with the local police, and perhaps even the F.B.I. to catch these
two kids, perhaps others they refer to in their E-mails and stop some crime.
I want a telephone tap/trap on my BBS telephone line (415/771-1788) and
perhaps even get me caller-ID so I can better protect my BBS from other
jerks who try to screw-up the system.
The following is the actual E-mail's sent on my BBS;
R,D,Q,<space>
To : The Macdaddy #625
Title: Alright
Name: Techno Anarchist #978
Date: Wed May 04 06:32:28 1994
RE: Bogus
Well give me back the card, I will TRY to get you a mastercard (I thought all
credit cards had a limit) Did they take the card? you should of snatch the
card and ran. Did you keep the card? well give me back the card. I am gonna
give it back to my friend and tell him that the card sucked, well, I will TRY
to get you another card, no garuntees, in the meantime try to get me my money,
from your pals..
R,D,Q,<space> :
R,D,Q,<space> : R
To : Techno Anarchist #978
Title: yeah.
Name: The Macdaddy #625
Date: Thu May 05 17:47:07 1994
RE: sure
Alright...here's the problem. Getting cash is a problem. Getting the
merchandise is not. What I can do for you is get you the merchandise and then
you can sell it or keep it or do whatever you want. If you sell it, it will
be better for you cuz then you might be able to sell it at a higher price than
what I can. That's the only thing. The only way for me to get cash is to
sell the merchandise and that's pretty hard when you try to sell something hot
and most people don't carry arounda lot of money, unless it's car stuff.
Well, tell me what kind of merchandise you want. If you don't want clothes,
then that's cool. Just tell me what you want, and I will see if any of my
friends work at a store that sells it. I don't have your money, because my
friends havne't sold it yet. I asked my friends when they are gonna do
peter's house, and they said soon. They will eventually do it, and you will
get your share. It will be worth the wait. Cuz they want to clean it totally
out.
Oh yeah...just because the pager is supercomm, doesn't mean that it's pagenet.
They also have pactel, metromedia comm, pagemart, and a whole mess of others.
And if they pagers's locked by the store(that happened once), then I have to
pay the guy $20 to get it unlocked. All this stuff complicates it, but the
absolute best and very least it will cost, will be $7/mo. or $21 for three
months. You can't get two months. It has to be either $21 for three or $6.50
times 12 for one year. If it's locked, you can add $20, or if it's not
pagenet, then same thing. It has to be one or the other. NEVER both.
But wait about the house. i keep on bugging my friends about it everyday, and
they're pretty pissed at me. So, just wait and they will tell me and I will
tell you when everything is done.
R,D,Q,<space> :
R,D,Q,<space> : R
To : The Macdaddy #625
Title: damn
Name: Techno Anarchist #978
Date: Fri May 06 05:57:55 1994
RE: yeah
dont worry I aint gonna ever hook them up, I am just gonna sell them.. Dont
worry about it...
then what can you get me? just get me unhooked pagers, I could sell those..
I could sell those hella quick. OR maybe you could get me the genesis system
in stead of just the games..
R,D,Q,<space> :
R,D,Q,<space> : R
To : The Macdaddy #625
Title: FOB
Name: Techno Anarchist #978
Date: Fri May 06 06:00:10 1994
RE: oh yeah
He likes FOB stuff, you know what I mean. I will ask him. HE will get it soon
dont worry just worry about getting me all the shit, man this is the last time
if you dont get him anything he says he is not gonna give you any more credit
cards. I cant tell you where he got it this time cause I dont know.
R,D,Q,<space> :
------------------------------------------------------------------------------------------------
Dear Mr. Secret Service Agent;
Here's some more from my BBS I just captured.
------------------------------------------------------------------------------------------------
To : Techno Anarchist #978
Title: ok
Name: The Macdaddy #625
Date: Fri May 06 17:50:33 1994
RE: FOB
He likes fob stuff? Cool. I will just try and get it for you. But does he
want anything else, just in case I can't get anything? If I really do him up
good with a whole mess of deals, how many more can he get me? Well, Tell me
other stuff that he might want just in case I can't use it at Oaktree. I can
use it at Aeropostel for SURE 100%, because I already made a deal with my
friend who works there to hook me up with all the clothes.
/
R,D,Q,<space> :
To : Techno Anarchist #978
Title: How about this?
Name: The Macdaddy #625
Date: Fri May 06 17:47:56 1994
RE: damn
Ok...I will give you the genesis system. That sounds really good. Do you
want me to give it to my brother to give it to you on Monday? Tell me if you
want me too. I can't get you unhooked phones. They won't sell it to me. I
can't get unhooked pagers either. It's really way to hard to get caught with
that.
------------------------------------------------------------------------------------------------
CASE No. 940592272
Attention: Insp. SF Police - Fraud
More evidence taken from my BBS E-mail. I have also contacted the Secret Service and talked to a Mr. Secret Service Agent whom I am giving copies of this to. He may be able to help facilitate a telephone tap/trap to best identify these two jerks and we may be able to prevent some serious crime in the future.
Walt Perko
------------------------------------------------------------------------------------------------
R,D,Q,<space> : R
To : The Macdaddy #625
Title: well
Name: Techno Anarchist #978
Date: Fri May 06 19:22:19 1994
RE: ok
what is Aeropostel stuff?? I wanna know what kind of clothes do they have
there? (Give me a brand name) I dont know what they have there cause I have
never been there..
can you get him electronical stuff?? why not??
R,D,Q,<space> :
To : The Macdaddy #625
Title: Cool
Name: Techno Anarchist #978
Date: Fri May 06 19:20:11 1994
RE: How about this?
Okay bring it, what other games do you have? Well how about giving me a
SUPERNES, I know you have one.. Are you just going to give me the system or
are you going to give me the system and games. If you just give me the system
can I just have your superNES instead?
Tell me when you rob Pete
house, cause I wanna know, I will tell you what I want..
R,D,Q,<space> :
------------------------------------------------------------------------------------------------
SFPD CASE No. 940592272
Attention: Insp. SF Police
cc. Mr. Secret Service Agent
More evidence taken from my BBS E-mail.
Walt Perko (415) 885-6218
940508:0430WKP:
------------------------------------------------------------------------------------------------
R,D,Q,<space> : R
To : Techno Anarchist #978
Title: welll
Name: The Macdaddy #625
Date: Sat May 07 23:38:55 1994
RE: well
Well Aeropostel stuff is like I dunno....Their brand name is Aeropostel. It's
expensive clothing and my friend says it's like Oaktree. I haven't been in
there yet or seen anything. But stuff is pretty new and getting pretty
popular. I've seen it around a lot lately. Shirts that is....
Electronics stuff is a little hard. Maybe I can, if you can get me the id or
inside info on the person, but kind of hard. But maybe I can. I will try.
So, when can you get me the card?
R,D,Q,<space> :
To : Techno Anarchist #978
Title: ok
Name: The Macdaddy #625
Date: Sat May 07 23:36:37 1994
RE: Cool
Alright...I will just give you the genesis system and a few games. Don't have
much. But I didn' get the SNES because it was broken and didn't have room for
it in the car. Just the genesis.
I will tell you when my friends do up peter's house. Will be soon. I can't
ask but they will tell me when, and I will tell you when.
R,D,Q,<space> :
------------------------------------------------------------------------------------------------
940508:0920wkp:
------------------------------------------------------------------------------------------------
R,D,Q,<space> : R
To : The Macdaddy #625
Title: dont know I think by tuesday
Name: Techno Anarchist #978
Date: Sun May 08 08:34:16 1994
RE: welll
I think I will get it by tuesday, I dont know hwat kind of shit is at
aeropostel? If they look like fob jackets and shit then take them, You know
how fob jackets look like... you could probably get them some shirts, just
make sure it aint GHETTo Clothes or Grunge type of clothers...
I will try to tell him to get me the card...
R,D,Q,<space> :
To : The Macdaddy #625
Title: okay, I want something in petes house..
Name: Techno Anarchist #978
Date: Sun May 08 08:31:07 1994
RE: ok
alright bring the Genesisi on MOnday and I will get it, is it small like the
SNES?? well I will tell you what I want in Pete's house.. The SNES wasn't
Broken, and you could of just put it on your lap... When you go to do peter's
house you gotsa like bring a truck or van.. well When you go to Petes house
they got a super NES and I want it, so can you give it to me?? I dont want any
other shit from his house.. Here is a helpful hint if you look a little deeper
like under the beds and shit, you might just find more stuff..
R,D,Q,<space> :
------------------------------------------------------------------------------------------------
SFPD CASE No. 940592272
Attention: Mr. Secret Service Agent
More evidence taken from my BBS E-mail.
Walt Perko (415) 885-6218
------------------------------------------------------------------------------------------------
Name: The Macdaddy #625
RN :
Strt: San Anselmo
City: San Francisco, CA 94 (USA)
PH : 415-
Datp: 415-
Age : 17 M (05/13/76)
Comp: Apple Mac
PW :
Last: 05/09/94 10/31/93
Msgs: P=0 E=27 F=1 W=2
Log : 29 1 I=0
UpDn: U=0-0k D=1-55k
Baud: 14400
SL : 20 DSL=20
AR : B
Name: Techno Anarchist #978
RN :
Strt: 25th aave
City: san francisco, CA 94 (USA)
PH : 415-
Datp: 415-
Age : 14 M (02/11/80)
Comp: IBM PC (8088)
PW :
Last: 05/09/94 04/26/94
Msgs: P=0 E=31 F=5 W=0
Log : 42 1 I=0
UpDn: U=0-0k D=0-0k
Baud: 1200
SL : 20 DSL=1
AR : B
------------------------------------------------------------------------------------------------
940508:2100WKP:
------------------------------------------------------------------------------------------------
R,D,Q,<space> : R
To : Techno Anarchist #978
Title: ok
Name: The Macdaddy #625
Date: Sun May 08 00:17:50 1994
RE: dont know I think by tuesday
Alright...hopefully by tuesday. That will be cool. And see if you can find
out for sure what the limit and everything is. Preferably find out the SS#
and mother's maiden name and stuff. I will see what I can get.
R,D,Q,<space> :
To : Techno Anarchist #978
Title: ok
Name: The Macdaddy #625
Date: Sun May 08 00:16:36 1994
RE: okay, I want something in petes house..
Ok....I will give you the GEnesis on Monday. And when my friends do pete's
house I will try to get you the SNes.... no problem. Does he have a garage?
Are you sure you can't get any more of his cards?
R,D,Q,<space> :
------------------------------------------------------------------------------------------------
940509:0705WKP:
------------------------------------------------------------------------------------------------
R,D,Q,<space> : R
To : The Macdaddy #625
Title: credit card
Name: Techno Anarchist #978
Date: Mon May 09 06:49:16 1994
RE: ok
mothers maiden name? Social Security number? I thnk thats is going to be hard
to get. well I will ask my friend to try. For the size of the clothes. If it
fits phil it fits him...
R,D,Q,<space> :
To : The Macdaddy #625
Title: pete
Name: Techno Anarchist #978
Date: Mon May 09 06:47:22 1994
RE: ok
He doesnt have a garage, and you wouldnt want his car either its is like 10
years old and he bought it used 10 years ago. his camera is worth more then
his car.. I cant get anymore of his card. But I am planning on getting this
dudes card, he is a construction worker so his card has at least 5,000 dollar
limit cause I saw him buy something that much before.
R,D,Q,<space> :
------------------------------------------------------------------------------------------------
SFPD CASE No. 940592272
Attention: Secret Service Agent,
More evidence taken from my BBS E-mail.
Walt Perko (415) 885-6218
940509:2030WKP:
------------------------------------------------------------------------------------------------
R,D,Q,<space> : R
To : The Macdaddy #625
Title: what about the games?
Name: Techno Anarchist #978
Date: Mon May 09 18:56:50 1994
what about the games? I cant sell genisis without the games.. I only got
someone to pay $25 for that shit, if you give me just the system I want SUPER NES instead, give me the games so I can atleast get some more money for it, you only got one controller?
R,D,Q,<space> :
------------------------------------------------------------------------------------------------
940510:0650WKP:
------------------------------------------------------------------------------------------------
R,D,Q,<space> : R
To : The Macdaddy #625
Title: games
Name: Techno Anarchist #978
Date: Tue May 10 06:00:57 1994
RE: yeah...
I hope he gets me the card today. I should know when though, well I dont care if the games are weak just give them all to me..
R,D,Q,<space> :
------------------------------------------------------------------------------------------------
940510:2000WKP:
------------------------------------------------------------------------------------------------
R,D,Q,<space> : R
To : The Macdaddy #625
Title: SO!.......
Name: Techno Anarchist #978
Date: Tue May 10 18:01:29 1994
So you did Alfred's house eh? well Who broke into his house, your friend? How many of them? only 2? And they said they will never go into that house again?
DAMN, I THOUGHT YOU SAID YOU WOULD NEVER GO INTO THAT HOUSE AGAIN, AFTER HOW MANY TIMES? LETS SAY YOU BROKE INTO THAT HOUSE 3 (YES THREE TIME) TIMES. i
THOUGHT HIS SNES DOESNT WORK? SO WHY DID YOU TAKE IT? 3 TIMES, SO YOU BREAK INTO A HOUSE 3 TIMES..
wait let me see, your friend did it and didnt tell you right? nope nope nope
thats not it, You didnt even do it? right? nope thats not it, you are a sleep
walker and at night you broke into his house and took all his stuff for 3
times...
Shit I want those Genesis games..
R,D,Q,<space> :
------------------------------------------------------------------------------------------------
SFPD CASE No. 940592272
Attention: Secret Service Agent,
More evidence taken from my BBS E-mail.
Walt Perko (415) 885-6218
------------------------------------------------------------------------------------------------
To : The Macdaddy #625
Title: Games
Name: Techno Anarchist #978
Date: Wed May 11 06:50:35 1994
where are my games? I want my games for Genesis, I dont just want the system cause I can sell that for jack, shit give me some GAMES...
R,D,Q,<space> : Q
I returned the call to Secret Service Agent today. He will contact Mr. Sohn in the next couple of day's and discuss these activities to see if this is where the problem is and perhaps put a stop to it all.
R,D,Q,<space> : R
To : The Macdaddy #625
Title: GAMES
Name: Techno Anarchist #978
Date: Wed May 11 18:35:46 1994
RE: dude...
Where are my GAMES?? where the hell are they?? huh. WHere the hell are they??
I want my GAMES. I can only sell my stupid jack shit Genesis for $25, and that
aint worth is..
^^^ I meant IT..
R,D,Q,<space> :
R,D,Q,<space> : R
To : The Macdaddy #625
Title: welp
Name: Techno Anarchist #978
Date: Thu May 12 06:04:00 1994
I cant call you up voice cuz when I aint busy you are. so just like write me a
letter and give it to your brother and then tell him to give it to me..
R,D,Q,<space> :
It looks like Secret Service Agent talked to someone's dad... they kill'd (K) their E-mail, checked their user stat's (Y) and log'd out. Now they'll find a new unknown place to exchange E-mail.
Today's activity LOG 940512:
30095: The Macdaddy #625 20:02:15 05/12/94 14400/MNP - 1
", ?, M, K, K, ?, Y, ?, S, O
Read: 0 Time on: 2
30096: Techno Anarchist #978 20:13:00 05/12/94 1200 - 2
Y, M, R, K, /O
Read: 0 Time on: 0