No More Secrets (Autumn, 1995) ------------------------------ The Secret Service is portrayed in the movie Hackers as a bunch of dimwitted, overzealous law enforcers. Many will undoubtedly feel that this is an unfair generalization. But recent events have led us to believe that the film didn't go nearly far enough with their unflattering depiction. For example, they didn't even touch upon the vindictiveness and sheer malice that appears to dictate much of this agency's policies. Add to this the fear factor that a large, heavily armed group of people generates and all of a sudden our democratic society is going down the same road so many other countries have traveled. We told you about the Bernie S. story in our last issue how the Secret Service helped imprison him without bail because he possessed hardware and software that could be used for fraudulent purposes. Nobody has ever accused him of using this technology in such a way and no evidence appears to exist to even suggest this. So how has the Secret Service managed to keep Bernie S. (hereafter referred to by his real name, Ed Cummings) locked away for over six months with no bail for something so trivial as possession of a red box? Through shameful deception and blatant intimidation. By exaggerating the significance of the technology in his possession, the Secret Service was able to probe Cummings with all the fervor that a presidential assassin would receive. People from around the country were visited and asked to reveal what Cummings' political beliefs were as well as anything else that might help to label him a threat to the government. Books from Loompanix, numerous publications (including 2600), and other widely available printed works were seized from his home and used as further evidence of Cummings' danger to society. The fact that Cummings had a list of Secret Service radio frequencies was used to virtually lock up his image as a potential terrorist. (We've printed such lists in these pages.) The Secret Service also did their best to have Cummings removed from the airwaves of WBAI's Off The Hook where he has been keeping listeners updated on his case. At least this attempt at media manipulation failed. "I never heard Cummings say anything about any political figures except once," Charles Rappa, Sr., his ex-landlord said in a statement for the Secret Service. "One time Cummings made a comment about Clinton not doing a good job, but nothing other than a simple passing comment." This from someone the Secret Service intended to use as a witness against Cummings. In fact, Rappa also made a statement that the Secret Service then used to justify holding Cummings without bail. He said that Cummings had called him from jail and said, "If I get out of here, no one will be able to find me, they won't be able to see my dust." Considering Rappa and Cummings were embroiled in a painful landlord/tenant separation at the time, it seemed questionable at best that Cummings would make such a claim to a person he considered an enemy. When the phone records from the jail didn't support Rappa's claim, the Secret Service quietly moved away from having Rappa testify. Yet they still didn't move a finger to allow bail. The only other person the Secret Service was able to get to testify against Cummings was Paul Bergsman, who had been involved in various projects with Cummings, and who had been present at last year's HOPE conference where he gave a seminar on lock picking. "About one year ago, we entered into a verbal agreement to sell speed dialers at a Hackers Convention in New York City. This convention was called the 'Hope Convention,' held at the Pennsylvania Hotel in New York City, sponsored by the 2600 Magazine. Ed Cummings and I agreed to buy about 300 of these speed dialers and Cummings separately purchased crystals. These crystals were also sold by Cummings through the 2600 Magazine. The crystals were 6.5 or 6.49 Megahertz. We went to the convention some time during the late summer of 1994. Cummings and I set up a table at the convention and sold the speed dialers and crystals. None of the speed dialers had been altered and merely emitted the sound of 5 touch tone stars, which is the way we ordered them from the distributor.... We did not provide written or oral instructions on how to convert the dialer to a red box, nor were any crystals installed into the speed dialers." Pretty damning evidence, isn't it? It gets better. "I never saw Cummings clone a cellular telephone or use his computer for cloning. Cummings did have a cellular phone of his own and I saw him use it several times and talked to him on his cellular phone. I understood that he had an account with a local carrier.... I have never known Cummings to use or have illegal, stolen or counterfeit credit cards in his possession. However, I did see him charge items before. I never knew any of the cards to be stolen or counterfeit....Cummings never said anything to me about hacking into computers, though I know he attended the 2600 computer hacker club.... I never knew Cummings to be interested in the U.S. Secret Service or any political figures, past or present. Cummings never spoke about his political concerns or philosophy. He never spoke about his dissatisfaction with any political figures or the U.S. government. I never heard him say anything that could be interpreted as a threat to anyone." If the government's two lead witnesses can't find a crime to accuse Cummings of and if the evidence consists of nothing other than electronic devices and books, none of which has ever been linked to a crime, why has this case dragged on for so long and why has the Secret Service devoted so much attention to it? The answer may lie in the one thing that really seems to have pissed off the Secret Service more than anything and which could explain why they've tried so hard to ruin this person's life. Cummings had pictures of Secret Service agents on the lookout for hackers. And by showing these pictures at a 2600 meeting and sharing them with the media, Cummings himself may have become a target. It's a well known fact that undercover agents hate having their own tactics used against them. But by acting against him in this way, the Secret Service has drawn a great deal of attention to their practices. It is becoming clear that this is an agency out of control that threatens to hurt not only hackers but anyone who values free speech in this country. On September 7, Cummings, in his words, "was forced to make a deal with the devil." He pleaded guilty to possession of technology that could be used in a fraudulent manner. Under the current law (Title 18 U.S.C. Section 1029), which snuck through legislation last October, mere possession is equal to fraudulent use. "Whoever... knowingly and with intent to defraud... possesses a telecommunications instrument that has been modified or altered to obtain unauthorized use of telecommunications services; or... a scanning receiver; or... hardware or software used for altering or modifying telecommunications instruments to obtain unauthorized access to telecommunications services... [as well as anyone] selling information regarding or an application to obtain an access device" is guilty under this section and subject to ten years in prison for each charge. This is a very ominous turn for all of us; virtually anyone even interested in computer hacking or the telephone system can now be sent to prison. Where were all of the "civil liberties" groups when this legislation was being passed? We haven't heard a word from the Electronic Frontier Foundation, the American Civil Liberties Union, Computer Professionals for Social Responsibility, or the Electronic Privacy Information Center on this case and we have been getting the word out to them. This is a case that certainly should have raised their ire and, regretfully, their silence on this matter is equivalent to complicity. Cummings pleaded guilty because he really had no choice. Even though the law is wrong, he would have been found guilty under it and sentenced to a long prison term. The government also expressed its intention to accuse him of cellular phone fraud in California. Their evidence? Telephone numbers that showed up on a commercial software disk in Cummings - possession in other words, a disk that he had nothing to do with and that people all over the world also possessed. Cummings realized that the Secret Service could probably get a non-technical jury to believe this and, again, he would face a long prison term. By pleading guilty under what is known as a Zudic Plea, Cummings can challenge the constitutionality of the law over the next few months. It is also likely that the sentencing guidelines will call for no more than what Cummings has already served. In other words, he will be freed. Of course, there is a big down side to this. The government will interpret this as a victory and will see a green light to lock up anyone in possession of simple electronic and/or computer tools if they so choose. And, as has been so aptly demonstrated by this case, if they choose to treat the suspect as a terrorist and lock him/her up for six months with no bail, they won't have much difficulty finding a judge willing to do this. Until some sweeping changes take effect, we are all in serious danger. The Secret Service has lost whatever credibility it once had by its actions over the last few months. (At press time, a series of new raids involving the Secret Service centered around people accused of nothing more than selling electronic devices that had been purchased through a catalog. It now also appears that a "documentary" being filmed at this year's Summercon was actually a Secret Service operation to collect faces.) It is becoming clear that if we are to survive as a democratic society, we must make it a priority to eliminate the Secret Service as a watchdog over American citizens. In the other major hacker case that we have been following, Kevin Mitnick pleaded guilty in July to one count out of the 23 he was charged with. Under this agreement, Mitnick will only have to serve eight months, although it is unclear if he will be charged with additional counts in California.