What, exactly, is "appropriation of secret passwords"? extracted from: Computer underground Digest Sun May 15, 1994 Volume 6 : Issue 41 ------------------------------ Date: Sun, 15 May 1994 11:37:04 -0700 From: Bernardo Parrella <berny@WELL.SF.CA.US> Subject: File 2--Fidonet Crackdown in Italy On May 10-12 1994, the first nationwide crackdown on telecom nets was operated by Italian police. Acting after a warrant issued by a Prosecutor in Pesaro, about 60 Bullentin Board Systems throughout the country have been visited and searched by police officials. Dozens of people were formally accused of "distribution of illegally copied software and appropriation of secret passwords" under the law approved by Italian Parliament in January this year. In several cases police officials didn't know what to search for, thus seizing computers, floppy disks, modems along with electric outlets, answering machines, audiotapes, personal effects. The raids also hit private houses and belongings, and in some places sleeping people were abruptly woken up facing machine guns. After searching probably around one third of the entire network - that includes more than 300 BBSes - police officials closed several Fidonet nodes, but no arrests were made. A still inaccurate figure of people were charged with software piracy, and dozens of computers and related devices were seized - along with thousands of floppy disks, CD-Roms, W.O.R.M.S. Moving after a suspected software piracy ring run by people involved in a Fidonet node, the crackdown started in the night between May 10 and 11 in Milano, targeting in the two following days BBSes in Pesaro, Modena, Bologna, Ancona, Pisa and other cities. Fidonet Italia, member of the worldwide Fidonet network, is a non-profit organization devoted to distribution of shareware and freeware programs as well as to electronic forums on topics ranging from technological to social issues. An essential communication tool for several groups and individuals throughout the country, Fidonet Italia became an active multi-cultural vessel and distributor of several different nodes dedicated to specific issues: Peacelink (solidarity, human rights), Cybernet (cyberpunk), Ludonet (games), Scoutnet, Amynet, and others. For thousands of Italian people, Fidonet BBSes today are invaluable tools of information-exchange, social activism and professional activities. The network policy strictly prohibits any distribution of illegally copied software and fraudulent appropriation of secret passwords. Also, Fidonet is one of the few International organizations which has always stated and pursued a clear position against unauthorized copying software. At the moment, the raids seems to be motivated by accusations against two people involved in a Pesaro-based BBS who were using Fidonet contacts to allegedly distribute illegal copies of computer programs. However, there are no reasons for such a vast law enforcement operation. Most likely the prosecutor acted simply on the basis of the Fidonet telephone numbers list (publicly available) owned by the two suspected of software piracy. The vast majority of the people searched don't have any kind of relationship with the suspected, and many of the search warrants stated a generic "conspiracy with unknown" for the crime of software piracy. Particularly, the random and arbitrary seizures of floppy disks and personal computers are completely unmotivated, because every BBS is a completely independent structure and each sysop is running his/her own hardware and software. The seizures will resolve in a great economic loss for these people and their professional activities will be surely affected from negative publicity. Some of them own small computer-related companies while others are physicians, hobbyists, students who risk personal savings to run their services. Because police officials also seized electronic and paper archives containing data and numbers of the people who logged onto Fidonet nodes, it is evident that investigations are going even further - thus violating the constitutional right to privacy. The first result of this crackdown is that many Fidonet operators decided to shut down immediately their systems all over the country, fearing heavier police intrusions in both their public activities and private lives. While the Italian Parliament recently approved specific laws about copyright and piracy of computer software, there are still no rules to protect personal privacy in the electronic medium. This legislative void inevitably makes the sysop the only responsible person about anything happens onto and around his/her own BBS. Fidonet operators do not want and can not be the target of undiscriminated raids that, forcing them to closing down their activities, cause serious damages to themselves as well as to the entire community. In an article published Friday 13 by the newspaper "La Repubblica", Alessandro Marescotti, Peacelink spokesperson, said: "Just when the worldwide BBS scene is gaining general respect for its important role at the community level, in Italy the law hits those networks that have always been strongly against software piracy. Charging dozens of honest operators with unmotivated accusations, the main goal of this crackdown is directed against the social activities of small community nets - thus clearing the space for commercial networking." While terms and figures of the entire operation should still be clarified, on Sunday 15 Fidonet Italia operators will meet in Bologna to study any possible legal counter-action. ------------------------------ - paul