Bruce Sterling - The Hacker Crackdown

Grateful Dead ------------- Grateful Dead (g gd) Deadplan* (g dp) Deadlit (g deadlit) Feedback (g feedback) GD Hour (g gdh) Tapes (g tapes) Tickets (g tix) Tours (g tours)

* Private conference - mail tnf for entry

Computers ----------- AI/Forth/Realtime (g realtime) Amiga (g amiga) Apple (g app) Computer Books (g cbook) Art & Graphics (g gra) Hacking (g hack) HyperCard (g hype) IBM PC (g ibm) LANs (g lan) Laptop (g lap) Macintosh (g mac) Mactech (g mactech) Microtimes (g microx) Muchomedia (g mucho) NeXt (g next) OS/2 (g os2) Printers (g print) Programmer's Net (g net) Siggraph (g siggraph) Software Design (g sdc) Software/Programming (software) Software Support (g ssc) Unix (g unix) Windows (g windows) Word Processing (g word)

Technical - Communications ---------------------------- Bioinfo (g bioinfo) Info (g boing) Media (g media) NAPLPS (g naplps) Netweaver (g netweaver) Networld (g networld) Packet Radio (g packet) Photography (g pho) Radio (g rad) Science (g science) Technical Writers (g tec) Telecommunications(g tele) Usenet (g usenet) Video (g vid) Virtual Reality (g vr)

The WELL Itself --------------- Deeper (g deeper) Entry (g ent) General (g gentech) Help (g help) Hosts (g hosts) Policy (g policy) System News (g news) Test (g test)

The list itself is dazzling, bringing to the untutored eye a dizzying impression of a bizarre milieu of mountain- climbing Hawaiian holistic photographers trading true-life confessions with bisexual word-processing Tibetans.

But this confusion is more apparent than real. Each of these conferences was a little cyberspace world in itself, comprising dozens and perhaps hundreds of sub-topics. Each conference was commonly frequented by a fairly small, fairly like-minded community of perhaps a few dozen people. It was humanly impossible to encompass the entire Well (especially since access to the Well's mainframe computer was billed by the hour). Most long- time users contented themselves with a few favorite topical neighborhoods, with the occasional foray elsewhere for a taste of exotica. But especially important news items, and hot topical debates, could catch the attention of the entire Well community.

Like any community, the Well had its celebrities, and John Perry Barlow, the silver-tongued and silver- modemed lyricist of the Grateful Dead, ranked prominently among them. It was here on the Well that Barlow posted his true-life tale of computer-crime encounter with the FBI.

The story, as might be expected, created a great stir. The Well was already primed for hacker controversy. In December 1989, *Harper's* magazine had hosted a debate on the Well about the ethics of illicit computer intrusion. While over forty various computer-mavens took part, Barlow proved a star in the debate. So did "Acid Phreak" and "Phiber Optik," a pair of young New York hacker-phreaks whose skills at telco switching-station intrusion were matched only by their apparently limitless hunger for fame. The advent of these two boldly swaggering outlaws in the precincts of the Well created a sensation akin to that of Black Panthers at a cocktail party for the radically chic.

Phiber Optik in particular was to seize the day in 1990. A devotee of the *2600* circle and stalwart of the New York hackers' group "Masters of Deception," Phiber Optik was a splendid exemplar of the computer intruder as committed dissident. The eighteen-year-old Optik, a high-school dropout and part-time computer repairman, was young, smart, and ruthlessly obsessive, a sharp- dressing, sharp-talking digital dude who was utterly and airily contemptuous of anyone's rules but his own. By late 1991, Phiber Optik had appeared in *Harper's,* *Esquire,* *The New York Times,* in countless public debates and conventions, even on a television show hosted by Geraldo Rivera.

Treated with gingerly respect by Barlow and other Well mavens, Phiber Optik swiftly became a Well celebrity. Strangely, despite his thorny attitude and utter single-mindedness, Phiber Optik seemed to arouse strong protective instincts in most of the people who met him. He was great copy for journalists, always fearlessly ready to swagger, and, better yet, to actually *demonstrate* some off-the-wall digital stunt. He was a born media darling.

Even cops seemed to recognize that there was something peculiarly unworldly and uncriminal about this particular troublemaker. He was so bold, so flagrant, so young, and so obviously doomed, that even those who strongly disapproved of his actions grew anxious for his welfare, and began to flutter about him as if he were an endangered seal pup.

In January 24, 1990 (nine days after the Martin Luther King Day Crash), Phiber Optik, Acid Phreak, and a third NYC scofflaw named Scorpion were raided by the Secret Service. Their computers went out the door, along with the usual blizzard of papers, notebooks, compact disks, answering machines, Sony Walkmans, etc. Both Acid Phreak and Phiber Optik were accused of having caused the Crash.

The mills of justice ground slowly. The case eventually fell into the hands of the New York State Police. Phiber had lost his machinery in the raid, but there were no charges filed against him for over a year. His predicament was extensively publicized on the Well, where it caused much resentment for police tactics. It's one thing to merely hear about a hacker raided or busted; it's another to see the police attacking someone you've come to know personally, and who has explained his motives at length. Through the *Harper's* debate on the Well, it had become clear to the Wellbeings that Phiber Optik was not in fact going to "hurt anything." In their own salad days, many Wellbeings had tasted tear-gas in pitched street-battles with police. They were inclined to indulgence for acts of civil disobedience.

Wellbeings were also startled to learn of the draconian thoroughness of a typical hacker search-and- seizure. It took no great stretch of imagination for them to envision themselves suffering much the same treatment.

As early as January 1990, sentiment on the Well had already begun to sour, and people had begun to grumble that "hackers" were getting a raw deal from the ham- handed powers-that-be. The resultant issue of *Harper's* magazine posed the question as to whether computer- intrusion was a "crime" at all. As Barlow put it later: "I've begun to wonder if we wouldn't also regard spelunkers as desperate criminals if AT&T owned all the caves."

In February 1991, more than a year after the raid on his home, Phiber Optik was finally arrested, and was charged with first-degree Computer Tampering and Computer Trespass, New York state offenses. He was also charged with a theft-of-service misdemeanor, involving a complex free-call scam to a 900 number. Phiber Optik pled guilty to the misdemeanor charge, and was sentenced to 35 hours of community service.

This passing harassment from the unfathomable world of straight people seemed to bother Optik himself little if at all. Deprived of his computer by the January search-and-seizure, he simply bought himself a portable computer so the cops could no longer monitor the phone where he lived with his Mom, and he went right on with his depredations, sometimes on live radio or in front of television cameras.

The crackdown raid may have done little to dissuade Phiber Optik, but its galling affect on the Wellbeings was profound. As 1990 rolled on, the slings and arrows mounted: the Knight Lightning raid, the Steve Jackson raid, the nation-spanning Operation Sundevil. The rhetoric of law enforcement made it clear that there was, in fact, a concerted crackdown on hackers in progress.

The hackers of the Hackers Conference, the Wellbeings, and their ilk, did not really mind the occasional public misapprehension of "hacking"; if anything, this membrane of differentiation from straight society made the "computer community" feel different, smarter, better. They had never before been confronted, however, by a concerted vilification campaign.