Not Just a Game Anymore
This is a follow-up to a previous article titled
Is it worth it? Dispelling the myths of law enforcement and hacking, released on
November 22, 1999 via Hacker News Network.
Included with this article are several sanitized copies of various
documents pertaining to computer crime investigations. Names, dates
and locations have been changed.
Some of the information in this article may be a bit redundant from the
last article, but is done in order to present a self standing article
that is as complete as possible. Some of the links to agency homepages
have been changed to point to their true home page, not just the
system hosting the page.
More on Search and Seizure
The Search
The Seizure
Statute of Limitations
What exactly is illegal?
More on Punishment
Investigating Agencies
Federal Bureau of Investigations (FBI)
Defense Criminal Investigative Service (DCIS)
NASA Office of the Inspector General (NASA OIG)
Naval Criminal Investigative Service (NCIS)
U.S. Army Criminal Investigation Command (USACIDC)
Royal Canadian Mounted Police (RCMP)
Defense Computer Forensic Laboratory (DCFL)
Appendix and Additional Information
A - Search and Seizure Warrant
B - Search and Seizure Warrant, Attachment A (apartment)
C - Search and Seizure Warrant, Attachment A (colocated machine)
D - Search and Seizure Warrant, Attachment C
E - Warrant for Arrest>
F - Indictment
G - USDOJ Press Release
More on Search and Seizure
Before any Law Enforcement (LE) officer/agent may step foot in your place
of living, they must obtain a search warrant that gives them explicit
permission to do so. The warrant will list the physical address of the
premises to be searched, a description of the establishment, a time frame
for the search and seizure, and a list of acceptable material that may be
seized. The warrant is likely to be issued by your District Court to the
agent in charge of the investigation.
Rather than explain each part of the search and seizure warrant, I have
included a sanitized version of one with this article. From my experience
and communication with others, the warrant included can be taken as a very
typical and standard version used throughout the U.S. Appendix A includes
the first page of the warrant which details the premises to be searched,
dates, who will conduct the seizure and more. Appendix B is a copy of
Attachment A which is a wordy description of the premises to be searched.
Appendix C is a copy of Attachment C which lists all material covered
under the search and seizure guidelines.
Appendix A - Search and Seizure Warrant
Appendix B - Search and Seizure Warrant, Attachment A (apartment)
Appendix C - Search and Seizure Warrant, Attachment A (colocated machine)
Appendix D - Search and Seizure Warrant, Attachment C
Some notes and observations about the material contained in Appendix A.
Outlined on the warrant, the agents may conduct the search and seizure
either between the hours of 6:00am - 10:00pm, OR "at any time in
the day or night as I find reasonable cause has been established". One of
the two options should be struck through and initialed by the Judicial
Officer. Also included is a date that the search must be executed by.
The Search
Being subjected to an FBI search and seizure is an interesting experience
to say the least. No official wording on any warrant can come close to
explaining the experience. Typically arriving at your residence between
6:00 and 8:00am, almost a dozen agents are ready to toss your apartment
to fulfill the warrant. After being greeted at gunpoint and your residence
secured, the agents will mark each room with a post-it note and number.
These numbers correspond to the receipt they leave you detailing what
material was taken from each room.
In keeping with standard search and seizure practice, not much is left
unturned. Some of the places you can expect the agents to search:
- Under the bed, between the sheets, between the frame/box
- Behind each and every hanging picture, especially framed
- Under/Behind dressers and furniture
- In the reservoir of your toilet
- Any attack or crawl space
- Every drawer, cupboard, container, shelf or other storage area
- Inside the refridgerator/freezer
- Under/Inside any cushion with removable insides
- Between the pages of books
- In air vents or other commonly used places to conseal items
If this does not help paint a picture that agents are rather thorough,
let me clear it up. They are quite thorough. Do they find everything? Not
all the time. In some cases agents even miss items out in the open that
they might normally take. To balance this, they almost always take a
considerable amount of material that is completely irrelevant or esoteric.
For the most part, you can also dismiss any notions you may have about
hiding items before the raid. When they knock on the door, they will not
give you time to do anything short of opening the door and complying with
their demands. If they have any idea that you may be destroying evidence,
they are empowered with the ability to forcibly enter your residence,
physically detain you, and carry on.
The search and seizure will not be short by any means. You can expect it to
last anywhere from a few hours to a full day. During this time you will
be questioned by a number of agents regarding anything and everything they
might think to ask. I don't know if it is intentional and designed to
throw you off, but they may ask extremely bizarre questions that lead you
to wonder about their intelligence. During this questioning do one of
two things.
- Refuse to answer ALL questions until your lawyer is present.
- Answer questions honestly.
Lying to law enforcement agents may seem like a clever thing to do at the
time, but it is much more likely to hurt you in the long run. If caught in
a single lie during questioning, it will further encourage the agents to
question you more. They also have the option of charging you with
obstruction of justice if so inclined. When an agent gets it through their
head that you are guilty, bad news for you regardless of your guilt or
innocence.
It is extremely important that you realize your rights. UNDER NO CIRCUMSTANCE
do you have to answer questions without the presence of your lawyer. No
matter what the LE agent says, suggests, or implies, this is a fundamental
right. In many cases, raid victims are not being charged with a crime.
Because of this, their rights are not read to them. Just because you aren't
under arrest does not mean those rights are waived! The courts have recently
found that police can be sued if they discourage raid victims from consulting
a lawyer. More on this ruling can be found in this
Washington post article.
The Seizure
What can LE Agents take from you? EVERYTHING. You can't argue
about it either. While they may take material that is not explicitly covered
under the warrant and may later be forced to give it back to you, that
doesn't help you when they are rummaging through your house. Re-read the
list of material that are covered under Attachment C
again and think about how broad it is.
It is safe to say that absolutely anything remotely computer related is
covered under the warrant. There are a few things that are also covered
under the guidelines that tend to surprise people when confiscated.
- "electronic organizers": these include ones with mini keyboards like the
Sharp organizers, as well as touch screen like Palm Pilots.
- "personal diaries": even your little black journal detailing sexual
exploits, or a notepad with poetry.
- "books, newspaper, and magazine articles concerning hacking": this includes
ANY computer book in your residence. Newspapers or magazines that
have security or hacker articles are included.
- "cassette tapes, video cassette tapes, and magnetic tapes": If it isn't a
store bought tape, it is subject to seizure. Doesn't matter if it contains
episodes of the Beavers or pornography.
- "fax machines": despite a fax machine typically not having the ability
to store information long term, it is fair game.
- "indicia of occupancy or tenancy..": Any paperwork or proof that you
own or rent your place. Any sales receipts, billing records or anything
else close.
- "other items ... in violation of Title 18..": Perhaps the worst listing
of them all, this allows them to take just about anything else they may
deem necessary.
Statute of Limitations
Another often asked question is how long the feds can investigate you.
As long as they want. For most cases, LE can investigate a crime for up
to five years after it was committed. This is known as the Statute
of Limitations and means how long they can investigate and press
charges against you for the crime. Hypothetically that is. If the crime
is serious, several agents have assured me that the U.S. Government will
find a way to stretch that timeframe.
Regardless, if the agents have not made a case against you, the government
attorney's will not press charges. Even so, you can expect them to hold
onto any seized equipment until the conclusion of their investigation.
If they go so far as seizing equipment and not pressing charges, you can
expect to get your stuff back 1,825 days after it was taken, just to
spite you.
What exactly is illegal?
Thanks to the vague (or was it intentional?) wording of the Title 18
laws, several actions you may consider harmless could fall into murky
legal territory. As a DCIS agent recently said in a conversation about
the last article, "Even if you telnet to a machine and type anything in,
that can be attempted intrusion!". As fascist as that may sound, it is
true. Any activity or connections to a remote machine without authorization
may be illegal. Because it is partially based on intent and partially based
on your activities, this is still somewhat uncharted territory. While it
is highly unlikely you will be charged for portscanning a machine,
repeated poking at an open port could be enough to spark interest in your
activities.
Another term often used by agents and lawyers is "illegal access device" (IAD).
What has turned into another all encompassing term, this can be used for
a wide variety of things in a case against you. Some of the few things that
fall into this category:
- login/passwd: Any login and password for any type of system be it unix,
VAX/VMS, voice mail or something else.
- ESN/MIN: Cloning cell phones is illegal as you know, but each ESN/MIN
pair counts as one IAD.
- CC/Exp: Each Credit Card w/ Expiration Date. Remember, it takes both
pieces to purchase anything.
- Access keycard: Find an access device in the dumpster? Pick it up
after someone dropped it? This allows access (illegally) into a building.
- Employee ID: Like an access keycard, these are often used to bypass
controlled access points or visual checks at guard desks.
Consider that when some hackers are busted, they are caught with a list
of thousands of logins and passwords to systems around the world. Disturbing
to think that each one can be used as a felony charge against you. When
federal agents hold up to a thousand felony charges over your head, it is
often enough to make you want to cut a deal. This is one reason that
strong encryption is the friend of hackers.
More on Punishment
The punishment for hacking crimes is growing. Convicted hackers five
years ago could expect a light slap on the wrist, a few hours of community
service, and not much else. These days, a single felony count of computer
hacking can lead to 15 months in jail along with restitution in the tens
of thousands of dollars.
Looking at a verbose list of restrictions placed on Kevin Mitnick, examine
them closely and consider what they really entail.
While the following restrictions may not be applied to every case, consider
that they have been applied to one convicted hacker. Further consider that
as such, these restrictions may be used as case law in future court hearings.
The following restrictions are taken from a larger document
concerning Kevin Mitnick and the restrictions.
http://www.kevinmitnick.com/081898writ.html#release_conditions
A. Absent prior express written approval from the Probation Officer, the
Petitioner shall not possess or use, for any purpose, the following:
1. any computer hardware equipment;
2. any computer software programs;
3. modems;
4. any computer related peripheral or support equipment;
5. portable laptop computer, 'personal information assistants,'
and derivatives;
6. cellular telephones;
7. televisions or other instruments of communication equipped with
on-line, internet, world-wide web or other computer network access;
8. any other electronic equipment, presently available or new
technology that becomes available, that can be converted to
or has as its function the ability to act as a computer system
or to access a computer system, computer network or
telecommunications network (except defendant may possess a
'land line' telephone);
B. The defendant shall not be employed in or perform services for any
entity engaged in the computer, computer software, or
telecommunications business and shall not be employed in any capacity
wherein he has access to computers or computer related equipment or
software;
C. The defendant shall not access computers, computer networks or other
forms of wireless communications himself or through third parties;
D. The defendant shall not acts as a consultant or advisor to individuals
or groups engaged in any computer related activity;
E. The defendant shall not acquire or possess any computer codes (including
computer passwords), cellular phone access codes or other access devices
that enable the defendant to use, acquire, exchange or alter information
in a computer or telecommunications database system;
F. The defendant shall not use any data encryption device, program or
technique for computers;
G. The defendant shall not alter or possess any altered telephone,
telephone equipment or any other communications related equipment.
For a period of THREE years, being subjected to these restrictions.
Not only does your primary hobby go away, your means for stable income are
at serious risk. Think of every job you could hold with these restrictions
and life does not look so pleasant. Even working at Taco Bell requires the
use of computerized registers. Telemarketing and other menial tasks that
once were viable methods of income also go away. Jobs that consist mostly
of physical labor become about the only option left to you. Don't forget,
many companies will not hire convicted felons, even for physical labor.
Court ordered restitution will be a new world of difficulty. Many people
fail to realize that not only are restitution amounts fairly significant,
but they must be paid back in a timely fashion. Oh yeah, remember that you
are not likely to hold a job that pays more than six bucks an hour. So
how much is US$50,000 when it comes down to it? Consider that you might be
able to earn US$25,000 a year if you are fortunate. Giving up your entire
salary would allow you to pay it off in two years. If you can live off
of US$15,000 (poverty level), you could then pay back the restitution in only
five years. Five years of living at a poverty level.
Is defacing a web page and putting up a message "hackerX 0wnz j00" REALLY
worth it?
Investigating Agencies
After the previous article, many people wrote in to add more information
regarding the various agencies that investigate computer crime. Using reader
feedback and a little more searching, I have compiled a better profile of
each agency that covers computer crime as well as their jurisdiction. Once
again, please mail me if you have
further information, or find error in the material below.
Federal Bureau of Investigations (FBI)
http://www.fbi.gov
Jurisdiction: Computer crime involving the crossing of U.S. state lines
More information: http://www.fbi.gov/pressrm/congress/97archives/compcrm.htm
In February 1992, the FBI completed an assessment of the national computer
crime problem and established the National Computer Crimes Squad (NCCS) in
the Washington D.C. field office. The NCCS was staffed with Agents knowledgeable
and competent in computer systems who were available to investigate computer
crimes throughout the United States. In view of the fact that many computer
crimes are international in scope, the FBI planned and hosted the first
International Computer Crimes Conference in Charleston, S. C. , in May
1992, which was attended by investigators from seven countries.
Also in 1992, the FBI established the Computer Analysis and Response Team
(CART). CART is a specialized group of forensic examiners with the technical
expertise and resources to examine computers, networks, storage media and
computer-related materials in support of FBI investigations.
The FBI is creating computer investigation teams in each of its 56 field
offices that will respond to computer incidents within their geographical
area of responsibility.
The FBI has established the Computer Investigations and Infrastructure
Threat Assessment Center (CITAC) with the mission of managing computer
investigations and infrastructure threat assessment matters. On July 15,
1996, President Clinton signed Executive Order 13010 establishing, on an
interim basis, an Infrastructure Protection Task Force (IPTF) within the
Department of Justice, chaired by the FBI. The IPTF includes representatives
of the Department of Defense, National Security Agency and other agencies.
A unit within CITAC performs analysis and manages the FBI's coordinating
role in the IPTF. The CITAC Watch Office proactively monitors threats to
the U.S. Critical Infrastructures, provides front-end analysis of threats,
and acts as a Crisis Action Team. CITAC manages the FBI's computer-related
investigations and provides advice and assistance to all investigations
within the FBI that involve the computer as a tool for committing a crime.
Computer and Internet crimes are investigated by the FBI utilizing many
criminal statutes under our jurisdiction. The Computer Fraud and Abuse
statute was amended during the prior Congress and is a comprehensive
tool to address computer crimes. Internet crimes conducted to defraud
consumers are addressed with myriad statutes including Fraud By Wire,
Mail Fraud, Interstate Transportation of Stolen Property, and Money
Laundering to name only a few. Other computer related crimes involving
Intellectual Property can be addressed utilizing Copyright laws and the
recently enacted Economic Espionage statute.
Defense Criminal Investigative Service (DCIS)
http://www.dodig.mil/DCIS/index.html
Jurisdiction: Computer crime occuring against Department of Defense computers
More information: http://www.dodig.osd.mil/DCIS/mission.htm
The DCIS mission is to detect, investigate and prevent fraud waste and abuse
committed against or within the Department of Defense, involving its
programs, operations and assets, and to address other matters as directed.
More information: http://www.dodig.osd.mil/
The Department of Defense (DoD) Inspector General serves as an independent
and objective official in DoD responsible for conducting, supervising,
monitoring and initiating audits and investigations relating to the programs
and operations of the DoD. The Inspector General provides leadership and
coordination and recommends policies for activities designed to promote
economy, efficiency, and effectiveness in the administration of, and to
prevent and detect fraud and abuse in, such programs and operations. The
Inspector General is also responsible for keeping the Secretary of Defense
and the Congress fully and currently informed about problems and deficiencies
relating to the administration of such programs and operations and the
necessity for, and progress of, corrective action.
NASA Office of the Inspector General (NASA OIG)
http://www.hq.nasa.gov/office/oig/hq/
Jurisdiction: Computer crime occuring against N.A.S.A. computers
More information: http://www.hq.nasa.gov/office/oig/hq/mission.html
Public Law 95-452, known as the Inspector General Act of 1978, created
independent audit and investigative units, called Offices of Inspector
General (OIGs) at 61 Federal agencies.
The mission of the OIGs, as spelled out in the Act, is to:
- Conduct and supervise independent and objective audits and investigations
relating to agency programs and operations.
- Promote economy, effectiveness and efficiency within the agency.
- Prevent and detect fraud, waste and abuse in agency programs and
operations.
- Review and make recommendations regarding existing and proposed legislation
and regulations relating to agency programs and operations.
- Keep the agency head and the Congress fully and currently informed of
problems in agency programs and operations.
The NASA OIG serves as an independent and objective audit and investigative
organization to assist NASA by performing audits and investigations. The OIG
prevents and detects fraud, waste and abuse and assists NASA Management in
promoting economy, efficiency, and effectiveness in its programs and
operations. The OIG auditors and agents are located at NASA Headquarters
and all NASA Centers.
Air Force Office of Special Investigations (AFOSI)
http://www.dtic.mil/afosi/
Jurisdiction: Computer crime occuring against Air Force computers
More information: http://www.defensedaily.com/progprof/usaf/Air_Force_Office_of_Special_I.html
The United States Air Force Office of Special Investigations is a field
operating agency with headquarters at Bolling Air Force Base, Washington,
D.C. It has been the Air Force's major investigative service since August 1,
1948.
Mission
The primary responsibilities of the Air Force Office of Special
Investigations are criminal investigative and counterintelligence services.
The organization seeks to identify, investigate and neutralize espionage,
terrorism, fraud and other major criminal activities that may threaten Air
Force and Department of Defense resources. AFOSI provides professional
investigative service to commanders of all Air Force activities.
Personnel and Resources
AFOSI has about 2,000 personnel, of whom two-thirds are special agents.
Eighty-eight percent of the special agents are military and 12 percent are
civilian. AFOSI consists of seven regional offices, seven overseas squadrons
and more than 160 detachments using a worldwide network of agents at all
major Air Force installations and a variety of special operating locations.
Naval Criminal Investigative Service (NCIS)
http://www.ncis.navy.mil/
Jurisdiction: Computer crime occuring against Navy computers
The Naval Criminal Investigative Service (NCIS) is a worldwide
organization responsible for conducting criminal investigations and
counterintelligence for the Department of the Navy and for managing naval
security programs.
More information: http://www.ncis.navy.mil/about.htm
Like all other elements of the Department of Defense (DoD) and the Department
of the Navy (DoN), NCIS has had to bear its share of personnel and budget
cuts, too. For example, in 1991, NCIS had 2,281 total personnel including
1,167 special agents assigned to more than 200 offices worldwide. Today,
NCIS has 1,603 personnel of whom 877 are civilian special agents assigned
to 150 offices worldwide. In addition, 51 military agents, mostly from the
Marine Corps, are assigned to NCIS.
Despite these and other changes, however, the NCIS mission remains the
same -- "To Protect and Serve" the men and women of the Navy and Marine
Corps, their families and DoN civilian employees by conducting felony
criminal investigations and counterintelligence for the Department of the
Navy, and managing Navy security programs.
U.S. Army Criminal Investigation Command (USACIDC)
http://www.belvoir.army.mil/cidc/
Jurisdiction: Computer crime occuring against Army computers
As the Army's primary criminal investigative organization, the "CID" is
responsible for the conduct of criminal investigations in which the Army
is, or may be, a party of interest. Headquartered at Fort Belvoir, Virginia
and operating throughout the world, the CID conducts criminal investigations
that range from death to fraud, on and off military reservations, and, when
appropriate, with local, state and other federal investigative agencies. We
support the Army through the deployment, in peace and conflict, of highly
trained soldier and government service special agents and support personnel,
the operation of a certified forensic laboratory, a protective services unit,
computer crimes specialists, polygraph services, criminal intelligence
collection and analysis, and a variety of other services normally associated
with law enforcement activities.
More information: http://www.lewis.army.mil/6thcid/cidhist1.htm
The U.S. Army Criminal Investigation Command (USACIDC) was organized as a
major command of the Army to provide investigative services to all levels
of the Army. Using modern investigative techniques, equipment and systems,
USACIDC concerns itself with every level of the Army throughout the world
in which criminal activity can or has occurred. Unrestricted, CID searches
out the full facts of a situation, organizes the facts into a logical summary
of investigative data, and presents this data to the responsible command or
a United States attorney as appropriate. The responsible command or the U.S.
attorney then determines what action will be taken. Ultimately, the commander
of USACIDC answers only to the Chief of Staff of the Army and the Secretary
of the Army.
Royal Canadian Mounted Police (RCMP)
http://www.rcmp-grc.gc.ca/frames/rcmp-grc1.htm
Jurisdiction: Computer crime occuring against Canadian computers
The Royal Canadian Mounted Police (RCMP) works with communities to ensure
the safety of all Canadians. It enforces federal laws, provides contract
policing to most provinces, many municipalities and First Nations
communities. The RCMP participates in peacekeeping efforts and supplies
world-leading expertise in areas like forensics and criminal intelligence
to Canadian and international police.
More information: http://www.rcmp-grc.gc.ca/html/cpu-cri.htm
There are RCMP Commercial Crime Sections is every major city in Canada. Each
one of these units has at least one investigator who has received specialized
training in the investigation of computer crimes. These investigators are
supported by the RCMP Computer Investigative Support Unit (CISU) located at
RCMP Headquarters in Ottawa. CISU can provide technical guidance and
expertise to all Canadian police departments and federal government agencies
in relation to computer and telecommunication crime investigation.
The Criminal Code of Canada and the Copyright Act contain provisions that
deal with computer and telecommunication crime.
- Criminal Code: Section 342.1 - Section 430(1.1) - Section 326
- Copyright Act: Section 42
Defense Computer Forensic Laboratory (DCFL)
http://www.dcfl.com
Jurisdiction: Forensic/Technical support for DOD computer crime investigation
The Department of Defense Computer Forensics Laboratory provides digital
and analog evidence processing (analysis and diagnostics) for DoD
counterintelligence, criminal, fraud investigations, operations and
programs. The DCFL sets DoD standards in digital and analog forensic
analysis. The Lab develops and manages DoD forensic media analysis research
and development projects. Also, conducts liaison with counterpart law
enforcement, computer security and intelligence agencies.
Appendix A - Search and Seizure Warrant
UNITED STATES DISTRICT COURT
District of Arizona
In the matter of the Search of
(Name, address or brief description of person or property to be searched)
SEARCH WARRANT
12345 EAst Hacker Street
Apt. 866 Case Number: 98-5887MB
Phoenix, Arizona
TO: Bill F. Scrotum, III and any Authorized Officer of the United States
Affidavit(s) having been made before me by affiant, Bill F. Scrotum, III, who
has reason to believe that /_/ on the person of or /X/ on the premises
known as (name, description and/or location)
SEE ATTACHMENT A.
in the District of Arizona there is now concealed a certain person or property
namely (describe the person or property)
SEE ATTACHMENT C.
I am satisfied that the affidavit(s) and any recorded testimony establish
probably cause to believe that the person or property so described is now
concealed on the person or premises above-described and establish grounds
for the issuance of this warrant.
YOU ARE HEREBY COMMANDED to search on or before _______12-20-98__at__11:15a.m.________
Date
(not to exceed 10 days) the person or place named above for the person or
property specified, serving this warrant and making the search (in the daytime
6:00a.m. to 10:00p.m.) (at any time in the day or night as I find reasonable
cause has been established) and if the person or property be found there to
seize same, leaving a copy of this warrant and receipt for the person or
property taken, and prepare a written inventory of the person or property seized
and promptly return this warrant to _____United States Judge or Magistrate Judge_____ as
required by law.
______12-14-1998__@__11:16_a.m._____ at __Phoenix, Arizona_____________
Date and Time Issued City and State
___Lawrence O. Somebody_____________ __(signature)__________________
Name and Title of Judicial Officer Signature of Judicial Officer
Appendix B - Search and Seizure Warrant, Attachment A (apartment)
ATTACHMENT A
12345 EAST HACKER STREET
APARTMENT 866
PHOENIX, ARIZONA
12345 East Hacker Street, Phoenix, Arizona, (between Hacker Street and Federal
Avenue) is a two-story, residential apartment building, with brown stucco and
siding and a brown shingle roof, consisting of approximately 8 residential
apartments. Apartment 866 (the "FIRST PREMISES") is on the second floor of
the building; the number "866" appears beside the door to the FIRST PREMISES.
Appendix B - Search and Seizure Warrant, Attachment A (colocated machine)
ATTACHMENT C
TWO COMPUTERS OWNED BY JOHN Q. HACKER
MAINTAINED AT THE OFFICES OF BUSINESS COMMUNICATIONS
2000 SOUTH MAIN STREET, SUITE 800,
PHOENIX, ARIZONA
One white "Sun Sparc Station" brand computer, and one personal computer
(collectively, the "SECOND PREMISES"). The latter of these two computers
has several stickers on it: a "Linux Inside" brand sticker, a sticker which
reads "For Unofficial Use Only," a bumper-style sticker which reads
"REMAIN WHERE YOU ARE WHILE VEHICLE IS IN MOTION," and a round sticker which
has a caricature of a space alien face on it. Both computers are located
in the business premises of Business Communications (located at the
above-referenced address) on a steel rack in the vicinity of other computers.
Appendix D - Search and Seizure Warrant, Attachment C
ATTACHMENT C
THE PREMISES KNOWN AND DESCRIBED AS 12345 EAST HACKER STREET, APT. 866,
PHOENIX, ARIZONA
Records, documents, programs, applications, and materials which reflect hacking
activities, including copies of software, data, and information; hacking tools
and programs; computerized logs; electronic organizers; account names;
passwords; encryption codes, algorithms and forumlae; personal diaries; books,
newspaper, and magazine articles concerning hacking; exploits and other
hacking programs; and computer or data processing literature, including printed
copy, instruction books, papers; or listed computer programs, in whole or
in part; computers; central processing units; external and internal drives;
external or internal storage equipment or media; terminals or video display
units; optical scanners; computer software; computerized data storage devices,
including data stored on hard disks or floppy disks, computer printouts or
computer programs; computer or data processing software or data, including:
hard disks, floppy disks, cassette tapes, video cassette tapes, and magnetic
tapes, together with peripheral equipment such as keyboards, printers, modems
or acoustic couplers, automatic dialers, speed dialers, programmable
telephone dialing or signaling devices, fax machines (and data included therein),
telephone blue boxes, and magnetic tapes which could contain or be used to
transmit or store any of the foregoing records, documents, and materials;
indicia of occupancy or tenancy including: bills, letters, invoices, shipping
records, and rental or leasing agreements which tend to show ownership,
occupancy or control; records documents, and materials which refer, relate to,
or are for use in, computer hacking. As used herein, the term records, documents,
and materials includes records, documents, and materials created,
modified or stored in electronic or magnetic form and any data, image or
information that is capable of being read or interpreted by a computer; and
other items containing or reflecting evidence of violations of unauthorized
intrusion into computers, in violation of Title 18, United States Code,
Sections 371 and 1030.
Appendix E - Warrent for Arrest
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
UNITED STATES OF AMERICA WARRANT FOR ARREST
v.
JOHN HACKER (DOB: 11/22/81) CASE NUMBER: 99 M 823
TO: The United States Marshal
and any Authorized United States Officer
YOU ARE HEREBY COMMANDED to arrest JOHN HACKER and bring him
forthwith to the nearest magistrate to answer a Criminal Complaint charging
him with intentionally obtaining information from protected and United
States computers by unathorized access, and malicious interference with a
United States communication system, in violate of Title 18, United States
Code, Sections 1030(a)(2)(B) AND (C), and 1362.
James F. Brakel United States Magistrate Judge
Name of Judicial Officer Title of Issuing Officer
August 30, 1999, at Carlsbad, CA _________________________
Date and Location Signature of Issuing Officer(signed)
***PAGE 1****
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
UNITED STATES OF AMERICA CRIMINAL COMPLAINT
v.
JOHN HACKER (DOB: 11/22/81) CASE NUMBER: 99 M 823
I, FRED F. WHITE, the undersigned complaintant being duly
sworn state the following is true and correct to the best of my knowledge
and belief. On or about April 1, 1999 in Orange County, in the State and
Eastern Disctrict of California, JOHN HACKER, the defendant herein, did
intentionally access a computer without authorization and did exceed
authorized access, thereby obtaining information from a protected computer
and from the United States Army, a department of the United States; and did
willfully and maliciously interfere with the working and use of a
communication system operated and controlled by the United States, and used
for military functions of the United States, and did willfully and
maliciously obstruct and delay the transmission of communications over such
system,
in violation of Title 18, United States Code, Sections 1030(a)(2)(B) and
(C), and 1362.
I further state that I am a Special Agent with the United States Army
Criminal Investigative Command, and that this complaint is based on the
following facts:
Please see the attached affidavit of Special Agent Fred F. White.
______________________
Signature of Complainant
Fred F. White
Sworn to before me and subscribed in my presence,
August 30, 1999 at Carlsbad, California
Date City and State
The Honorable James F. Brakel
United States Magistrate Judge ______________________
Name & Title of Judicial Officer Signature of Judicial Officer
Affidavit
I, Fred F. White, being duly sworn, states that:
1. I have been a Special Agent with the United States Army
Criminal Investigative Command (USACIDC) for approximately 9 years. I am
currently assigned to the Computer Crimes Resident Agency. I have recieved
specialized training for that assignment, including training in the
forensic recovery of digital evidence at the Federal Law Enforcement
Training Center (U.S. Treasury), training in computer intrusion
investigations conducted by the Federal Bureau of Investigation, and
Defense Department training in the computer-related crimes and computer
operating systems.
2. I make this affidavit in part from personal knowledge
based on my participation in this investigation and my review of documents,
and in part on information gained through my training and experience. In
particular, I have relied on information providfed by FBI Special Agent
Michael Serlsen and Charles Frad, both of whom have been involved in a
pending investigation of a group of computer hackers known as "Script Kids
United".
3. The Internet, something referred to as the World Wide
Web (WWW), is a collection of computers and computer networks which are
connected to one another via highspeed date links and telephone lines for
the purpose of sharing information. Connections between Internet computers
exist across state and international borders. Information sent between
computers connected to the Internet frequently crosses state and
international borders, even if those computers are in the same state.
4. An Internet Server Provider (ISP) is a business that
provided access to the Internet. Services provided by an ISP include
computer accounts, Internet access, electron mail (E-Mail), shell accounts
(computer accounts on a computer running the UNIX operating system), and
dial-up connection to the Internet via a telephone line and a modem.
5. A modem is a device which converts digital signals into
analog signals for transmission over telephone lines, and analog signals
back into digital signals. This allows computers to communicate via
telephone lines. A modem in a computer can be used to "dial-up", via
telephone, and connect to a computer located at an ISP. This connection
process is one method of accessing the Internet via an ISP.
6. Computers connected to the Internet are identified by
addresses. Internet addresses take on several forms including Internet
Protocol (IP) addresses, Uniform Resource Locater (URL) addresses, and
domain names. Internet addresses are unique and each can be resolved
through recovery and identification techniques, to identify a physical
location and a computer connection of a particular address. When an ISP
customer connects to the internet through the ISP, the customer is assigned
a unique IP address by the ISP for that entire on-line session.
7. Computers use user identities (user IDs) or accounts to
identify specific computer users. Users of a computer are assigned a
unique account/user ID which is protected from unauthorized access by a
password. Access to the computer and its resources can be regulated by a
systems adminstrator for each individual account. The highest level of
authorization on a computer is the root or super user account which is
granted unrestricted access to all computer functions and resources.
8. Log Files are computer files containing information
regarding the activities of computer users, processes running on a computer
and the activity of computer resources such as networks, modems and
printers. Log files are used to identify unathorized uses of computer
resources.
9. A Computer Hacker is an individual who obtains
unathorized access or exceeds his authorized access to a computer.
10. A back door is a computer intrusion term which is
defined as: an intrusion tool, an unathorized computer account, or an
account which exceeds authorized access and is left by an intruder after an
intrusion as a means for gaining unathorized access to a computer at a
later time.
11. A network is a series of points connected by
communications channels. The switched telephone network is the network
normally used for dialed telephone calls.
12. A server is a computer connected to a network which
provides a particular service to other devices; for example a print server
managers a printer and an e-mail server managers electronic mail.
13. The Internet Relay Chat (IRC) is a collection of
sserver computers on the Internet which allow IRC users to communicate or
"chat" with other users of IRC. Users on IRC, called IRC Clients, access
the IRC servers using IRC Client software programs. IRC users communicate
in public and private environments called "chat rooms." IRC users are
identifed by a unique nickname and an Internet address. IRC Client
software programs can be used to identify users. IRC is considered to be a
public communication forum with no expectation of privacy for conversations
which occur in public "chat rooms." The computer servers which make up the
IRC network are protected computers since they are used to conduct
interstate communications.
Summary of John Hacker Investigation
14. On and around June 13, 1999, FBI special agents
executed a series of search warrants at various locations around the United
States. The search warrant applications detailed the conspiratorial
activities of a group of hackers known as Script Kids United. The objectives of
the conspiracies included unathorized intursions into computer systems,
credit card fraud, and the fradulent use of telecommunication services.
15. On or about June 18, 1999, FBI Special Agent Michael
Serlsen applied for and obtained a search warrant for the residence of
John Hacker, more particularly described in the caption of this
application. His application and supporting affidavit established probable
cause that certain evidence and instrumentalities of violates of Title 18
United States Code, Sections 371, 1029(a)(2), 1030(a)(2)(C), 1030(a)(5)(A),
1030(a)(6) would be found at the residence. The application was based in
part on information provided by two of the targets of the Global Hell
searches referred to in the previous paragraph. Not all the information
provided by the two subjects has been verified, and some of it is believed
to be unreliable. The following is a summary of the information provided
about Davis:
Information from Target #1:
a. The members of the conspiracy who were involved with
most of the hacking were John Hacker, a.k.a. "statd kid," and John
Vranapelly, a.k.a. "JaVa", "winkid", and "sphincter".
b. These two persons founded a hacker group called
"Script Kids Unite", a.k.a. "SKU".
c. The group is a product of the hacker group known as
"Big Kids With Toys".
d. Both Hacker and Vranapelly would coordinate attacks on
different sites by communicating with other hackers on internet
chat channels.
e. These individuals bragged of hacks they had performed.
When one member of the conspiracy had difficulty hacking into the
system, members of the conspiracy would work together to direct
attacks in order to penetrate these sites.
f. Hacker previously lived in Syracuse, New York but had
moved sometime in 1999 to a new apartment in Carlsbad,
California. The phone number for the apartment is (720) 555-8362.
Information from Target #2:
a. "JaVa" was one of the co-founders of the computer
hacker group known as Script Kids Unite.
b. "statd kid" lives in Carlsbad, California, and has a
first name of John.
c. "statd kid" has used a "Cold Fusion" program to attack
system vulnerabilites. This program searched for vulnerabilites in
window-based programs and allows the initiator to enter the computer
system via a back door.
d. Target #2 searched the domain registered to "SKU" , which
Statd Kid set up. The name was listed to 678 Norse Drive
Apartment 44, Carlsbad, California. Special Agent Frad duplicated
the search and confirmed this listing.
e. Statd Kid told Target #2 about hacks he has done which
include, but are not limited to:
1. www.one.com
2. www.two.com
3. www.three.com
4. www.four.com
5. www.five.com
6. www.six.com
7. www.seven.com
8. www.eight.com
9. www.nine.com
10. www.ten.com
16. On June 9, 1999, FBI Special Agent Serlsen and others
executed the search warrant at the residence of John Hacker, and seized among
other things, Hacker's computer. I have just begun the process of searching
a copy of the computer's storage media. I have discovered the Cold Fusion
software necessary to accomplish the intrusion described in paragraph 18,
below. After the search of the residence, SA Serlsen interviewed Hacker,
who admitted to being a member of Script Kids United and admitted hacking into web
sites listed above, but claimed had not done any hacking since January of
this year.
17. The United States Army maintains a number of web sites
intended to provide information to both the public and Army personnel, who
can use various sites for work-related purposes. The web sites are
maintained in a network of computers. The main web site is www.army.mil.
The web site includes links to other U.S. Army web sites, some of which are
non-public, that is, that can be accessed only by authorized users with
user ID's and passwords.
18. On July 3, 1999, between approximately 1:35 a.m. and
5:23 a.m. (CST), an unknown hacker gained unauthorized root access to an
unclassifed U.S. Army web server located in the Pentagon, Washington D.C.
The intruder replaced the opening web page with an altered web page
containing a hacker signature from a group calling themselves "Script Kids
United". As a result, no one could utilize the web site for any of its
intended purposes until it was repaired. Further, the unknown intruder
turned off system auditing services in an attempt to prevent any detailed
record of the incident. The intruder also downloaded event log files,
modified them to cover his intrusion, and then uploaded them to replace
accurate logs with the altered version. A thorough review of the system by
system administrators revealed a recently publicized vulnerability was used
to modify the opening web page and subsequently turn off logging. A review
of external logs revealed the intruder accessed the server through an
internet service provider (ISP) located in Carlsbad, California.
19. Logs maintaned by the ISP in Carlsbad show that the
intruder used and unathorized ISP account which has been in existence for a
period of about two years without their knowledge. Further, the intruder
utilized the ISP between 10:42 p.m. July 18 and 05:23 a.m. July 28, 1999
(CST) which encompassed the time frame the US Army Web server was accessed.
20. Telephone records maintained by the communications
carrier for the Carlsbad area show that beginning at approximately 10:01
p.m. on July 27, 1999, telephone numnber (720) 555-3723, subscribed to in
the name of John Hacker at the premises described in the caption to this
application, was used to place a call to the ISP referred to above. The
call lasted approximately 4 hours.
Appendix F - Indictment
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
__________________________________________________________________________________
UNITED STATES OF AMERICA
Plaintiff,
v.
JOHN Q. HACKER,
Defendant.
Case No. 99-Cr-432
__________________________________________________________________________________
INDICTMENT
__________________________________________________________________________________
THE GRAND JURY CHARGES:
Count One:
On or about April 1, 1999, in Central County, in the State
and Eastern District of New Mexico, and elsewhere,
JOHN Q. HACKER
intentionally accessed a computer through an interstate communication and
in a matter that exceeded authorized access, and thereby obtained
information from the United States Navy, a department of the United States
and from a protected computer; in that the defendant did gain access to the
non-public portion of a United States Navy computer and by such access was
able to obtain information about the computer.
All in violation of Title 18, United States Code, Section
1030(a)(2)(B) and (C).
THE GRAND JURY FURHTER CHARGES:
Count Two:
On or about April 1, 1999, in Central County, in the State
and Eastern District of New Mexico, and elsewhere,
JOHN Q. HACKER
intentionally and without authorization accessed a non-public computer used
by the United States Army, a department of the United States, and did
thereby affect the use of such computer by the government of the United
States; in that the defendant gained unauthorized access to a United States
Army website server (a networked computer), intended to be used by both the
public and United States Army personnel, and then altered that server in
such a away that it could not be used by the United States Army personnel
at all untill it was repaired.
All in violation of Title 18, United States Code, Section
1030(a)(3).
THE GRAND JURY FURHTER CHARGES:
Count Three:
On or about April 1, 1999, in Central County, in the State
and Eastern District of New Mexico, and elsewhere,
JOHN Q. HACKER
intentionally accessed a protected computer without authorization and as a
result of such conduct, recklessly caused damage; in that the defendant
gained unathorized access to a United States Army website server intended
for the use by the public and Army personnel, and altered the server in
such a way that it could not be used for its intended purposes until it was
repaired; the server ultimately had to be replaced.
All in violation of Title 18, United States Code, Section
1030(a)(5)(B).
THE GRAND JURY FURHTER CHARGES:
Count Four:
On or about April 1, 1999, in Central County, in the State
and Eastern District of New Mexico, and elsewhere,
JOHN Q. HACKER
did willfully and maliciously interfere with the working and use of a
communication system operated by the United States, and used for military
functions of the United States, and did willfully and maliciously obstruct
and delay the transmission of communications over such system; in that the
defendant gained unauthorized access to a United States Army website server
used in part to communicate information to Army personnel, and altered the
server in such a way that it could not be used at all for this intended
purpose until it was repaired.
All in violate of Title 18, United States Code, Section
1362.
____________________
FOREPERSON(SIGNED)
____________________
DATE(4-01-99)
___________________
WILLIAM A. WALBERGG(SIGNED)
United States Attorney
Appendix G - USDOJ Press Release
http://www.usdoj.gov/opa/pr/1999/August/387crm.htm
FOR IMMEDIATE RELEASE
CRM
MONDAY, AUGUST 30, 1999
(202) 514-2007
WWW.USDOJ.GOV
TDD (202) 514-1888
WISCONSIN HACKER CHARGED WITH MILITARY BREAK-IN
WASHINGTON, D.C. - One of the founders of a hacker group called "
Global Hell" was arrested and charged today in a federal
complaint alleging he hacked into a protected U.S. Army computer
at the Pentagon, and maliciously interfered with the
communications system, the Justice Department announced.
The defendant, Chad Davis, 19, of Green Bay, Wisconsin, was also
know as "Mindphasr," according to an affidavit filed in U.S.
District Court in Green Bay. Davis was a founder of the hacking
group also called "GH."
The complaint alleges that Davis gained illegal access to an Army
web page and modified its contents. Davis is also alleged to have
gained access to an unclassified Army network, removing and
modifying its computer files to prevent detection.
U.S. Attorney Thomas P. Schneider said, "even though the
intrusion involved an unclassified Army computer network, the
intruder prevented use of the system by Army personnel.
Interference with government computer systems are not just
electronic vandalism, they run the risk of compromising critical
information infrastructure systems."
Schneider noted that, as alleged in the complaint, the intruder
was the subject of an FBI-executed search warrant earlier this
year. In spite of that, it appears the defendant continued to
gain unlawful access to computer networks.
The investigation which led to these charges against Davis was
conducted jointly by the U.S. Army Criminal Investigation Command
and the Federal Bureau of Investigation. The case is being
prosecuted by Assistant U.S. Attorney Eric Klumb.
Special thanks to:
- the many people who wrote in with positive feedback on the first article
- cyberdiva (cyberdiva@MailAndNews.com)
- the AFOSI agent who mailed in with additional (public) information
- travis and mark w/ DCIS
Brian Martin (bmartin@attrition.org)
Copyright 1999