Italians charged with "Appropriation of Secret Passwords" (et al)

[paul@hawksbill.sprintmrn.com (Paul Ferguson)]

What, exactly, is "appropriation of secret passwords"?


extracted from:

Computer underground Digest
Sun  May 15, 1994   
Volume 6 : Issue 41

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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.

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- paul