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CARO's Undisclosed Illegal Meeting Agenda

Rock Steady
Nuke Info Journal [7]
August 1993

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I've Been Watching You For A La-La-La-La-Long, A La-La-La-La-LONG, Long Time

Amendment Seven of the CARO Meeting Agenda

7. Proposed action against organised virus writing groups - working group to be formed, I suggest, with 2/3 US members (Glenn, Joe, Ross?), 1/2 Euros. It's mostly a US problem, now that ARCV have gone :-).

We should set up a Murky Database (Handles, BBSes, Names, Addresses.) The objective is to get a police prosecution against anyone who is committing a crime (but not, of course, against anyone who is not committing a crime)

I've read this paragraph several times over, and I just cannot believe the filth in it. This above paragraph is certainly illegal, according to Canadian and American law. This above paragraph goes against the Privacy Act.

I've looked at American, Canadian, English and Australian law concerning about the Privacy Act(s). In Quebec (a province of Canada) we have adopted Law 68 this spring. The law restricts/forbids the sale of lists, that private companies have collected and stored. It gives Quebecers the right to see information about them, that private companies have collected and stored. It also reserves the right to database compilation lists to governmental agencies only!

However, CARO does not have any right whatsoever to create a database to begin with, because it has no relation to those on the database. A magazine company can have the right to create a database on its subscribers, as it is needed to send out their product. CARO's database is not composed of their clientele, it has no relation to those on its database. CARO is acting like a law-abiding body, which it is not. CARO intends to compile a database of those "committing" a crime!

Only, and I repeat, only government agencies can compile a list of "criminals." But those on that list have been formally charged and tried in a court of law. These government agencies have the right to say that those on the list are criminals. But CARO is not a government agency, it does not hold the power of jurisdiction on anyone or anywhere! CARO can be charged for a conspiracy simply be compiling this list!

One has to understand that organized _virus_ groups, such as NuKE, are rightfully legal. The law does not restrict the production of viral code, the law CAN NEVER restrict the production of viral code, it would simply be unconstitutional if such a law were made. It's plain dumb, and we at NuKE laugh at those like CARO, out to create such ridiculous law(s). One also has to understand that no one can restrict what an individual does in his/her personal computer. As long as it is in the privacy of their own personal computer, and it does not affect anyone directly, you can do whatever pleases thy soul.

And if people wish to share amongst themselves any new viral code, they can! See, if the two parties agree in sharing viral code, no law has been broken. Those that call a NuKE BBS (such as Cybernetic Violence) and request virus base access are granted access upon validation. This too is legal! Once you answer "yes" to the question of viral access, you have taken upon the responsibility of receiving any virus. See both parties agreed on sharing viral code, therefore neither of the parties were malinformed about the viral sharing, and it does not affect anyone directly! Therefore this act is legal according to law.

When is the law broken? Within NuKE this doesn't seem to occur, but lets look at CARO, shall we...

Gathering information like a person's true name and address is enough for CARO to break the law. People have a right to privacy, and once that right has been taken away by some dimwit at CARO, once your right to privacy has been raped from you, you can file suit for damages. In this situation, both parties, (CARO and the person on the CARO list) did not come to any agreement what so ever, to be included in such a list. Also the CARO's list implies that those on this list are law-breakers, criminals, bottom-of-the-food -chain fungus. This is a great basis for suing for damages. You also have to understand that CARO is NOT a governing body! Therefore CARO has no right to judge who is a criminal and who is not a criminal, as it does not hold the power of the law. Therefore CARO can never compile a list of virus writers to be submitted for prosecution under legal boundaries.

The fact of this database is so controversial, that we very well can see a conspiracy in the making here. How is that? Well, how exact is this database that CARO is compiling, what methods are they using to collect this information? Are they trying to bond an Alias to a body? If CARO has reason to believe that "Rock Steady" is the blame for some criminal acts, who is to blame? Are we going to presume that Joseph Greco is Rock Steady? What are the implications of this, if it were true? Does Joseph Greco contain any legal documents that tie him to the name Rock Steady? How are you going to prove this? Also, how clear is he tied to the crime? Is the crime the result of a computer virus created by Rock Steady? If that is the case then for every murder resulting from a gun we should charge the manufacturer of the gun, too! Oh how moronic, only someone belonging to CARO could come up with such a rule.

I can scream out all day that Joseph Greco is Rock Steady, it still is not valid in court. Information like that is invalid because it can be easily replicated by anyone, it is not authentic like a signature or handwriting style. But what is needed to get a prosecution is not the fact that Joseph Greco used the name Rock Steady, or the fact that Joseph Greco IS Rock Steady for that fact, but that Joseph Greco was the one to commit the criminal act! And it is extremely difficult to proof that. Because you really need to be 110% sure that Joseph Greco committed the crime, and the only way to do that is to convict him at the moment of the crime. Which is fairly impossible to do, round the clock surveillance is required, which of course would require a warrant.

The legal system is an amazing system at work, and all that is needed to throw out a charge is one doubt. The legal system has to prove that you committed that criminal act, without any reasonable doubt. I've raised several reasonable doubts, and can continue throwing them at you till I die.

Statistic show that, of all computer criminal charges laid, only 25% (figures were extracted from Statistic Canada, and relate to Canada computer crimes only) have been found guilty. Of course we need to "trim" the figures to reflect virus and security related criminal acts. In turn less then 5% would be the result of virus and computer security acts. In 1991 operation Sundevil began in the USA, which was conducted by the Secret Service; in turn, 50 arrests were made, 200 computers and 50,000 diskettes were confiscated, and the only charge to be brought to court was for the result of the E911 article that was published in Phrack Magazine. In result the editor of the Phrack magazine responsible for the article pleaded guilty, and yet found to be not guilty as charges were dropped.

Steve Jackson Games filed a suit against the Secret Service for the illegal confiscation of their computers and the damages caused by the Secret Service. The Secret Service in turn was found guilty, and Steve Jackson was awarded US$100,000.00 in damages. Therefore in fact, operation Sundevil was perhaps the biggest flop ever to be conducted by the Secret Service, which lasted a complete year, where salaries were being paid for hundreds of men, and in result thousands of dollars loss in legal fees and a charge against them which cost US$100,000.00, and every penny of operation Sundevil was from taxpayer's money. Hard earned money of every day taxpayers like you and me, that busted their hump earning each penny.

We are being raped by technology-driven companies, such as closed-circuit television and electronic access cards used to monitor workers in offices. Personal communications devices, which are changing how we use a telephone, would be assigned to people, not fixed locations; that would make it possible for the phone company to know where the caller and recipient were when a call was made. These are security problems associated with cellular phones.

Hopefully one can understand where all this can possible lead to. We are entitled to data-protection rights! Personal information should be collected only where warranted, and use of it and access to it should be subject to tight controls.

After reading this article, many of you might well be tempted to crawl into your bed and pull the cover over your head. But that would be to succumb to the "technological trance." Instead all of us should become more vigilant, and press harder for our rights.

Rock Steady/NuKE
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