FC: Brian McWilliams replies about hoaxing Computerworld

[Declan McCullagh <declan () well com>]

Previous Politech messages:

"Hoax a reporter with a fake domain name, go to jail?"
http://www.politechbot.com/p-04420.html

"Reporter poses as Internet terrorist, dupes Computerworld"
http://www.politechbot.com/p-04418.html

This is a sad day for Internet journalism.

-Declan

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From: "dan tynan" <dan () cynicus com>
To: <declan () well com>, <politech () politechbot com>
Subject: Re: AP on reporter posing as Net-terrorist duping Computerworld
Date: Thu, 6 Feb 2003 22:26:11 -0500

Declan:

Thought your readers might want to read Brian McWilliams' side of the story.
He's posted an explanation of motives on his site at
http://www.pc-radio.com/why.html. It also contains links to the original
Computerworld stories, which the magazine has removed from its site.

dan tynan
contributing editor, pc world
inside @cess, cnet
dan () cynicus com

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Date: Thu, 06 Feb 2003 17:44:45 -0800
To: declan () well com
From: Bob Schuchman <schuchmanr () ieee org>
Subject: Slammer Hoax

Good old Google helped me find Brian McWilliams story on why he created the 
Harkat Hoax.

It's at http://www.pc-radio.com/why.html .

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From: "Christopher Null" <cnull () mindspring com>
To: <declan () well com>
Subject: RE: Hoax a reporter with a fake domain name, go to jail?
Date: Thu, 6 Feb 2003 18:07:10 -0800
Organization: filmcritic.com

HR 4640 or not, he's very possibly also guilty of Obstruction of Justice --
same as providing a false lead during a police investigation or confessing
to a crime you didn't commit.  Though he didn't make these statements to an
official investigator, they did eventually become part of the public record
with (malicious?) intent to mislead and during an ongoing investigation.

The punishment is a fine and up to 10 years in prison, depending on the
interpretation of the actual crime.

------------------------------------------------------
Christopher Null / cnull () mindspring com / journalist, film critic, novelist
www.filmcritic.com - www.sutropress.com - www.chrisnull.com
"Completely absorbing!" "Raw and frightening!" "Brilliant!" /
www.sutropress.com
See me read from HALF MAST at Barnes & Noble (Oakland - Jack London Square),
Feb. 13, 7:30pm
------------------------------------------------------

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Date: Thu, 6 Feb 2003 21:17:53 -0500 (EST)
From: Dean Anderson <dean () av8 com>
To: Declan McCullagh <declan () well com>
cc: disenberg () gigalaw com
Subject: Re: FC: Hoax a reporter with a fake domain name, go to jail?

Bahahahahahaha.  Like that would be enforced. I can't get the FBI to
investigate computer __crackers__ That is, people who break into computers
with tools written by someone else, but who are themselves so inept that
they leave behind everything but their home phone number. And their home
phone number is no doubt easy to find, if you are the FBI.
Unfortunately, script kiddies "are not a prosecution priority". No doubt,
domain faker's aren't either.

The NSA and the pentagon are interested in such things, but only in how
the exploit worked, and whether any foreign government is behind the
exploits. They don't prosecute anyone.  So if it turns out to
uninteresting from an intelligence POV, then they are done with it.
Frankly, that's a waste of my time.

Most domain registrars' have policies against fake information on domains,
and will frequently enforce those policies on complaints.  Some won't
though. That is really the problem.  It would be better to make it a crime
for any registrar (in the US or out) to knowingly accept false
information, and not to cancel domains with fake information.  Registrars
outside the US that don't comply with these policies will lose their
accreditation as a registrar. (The ICANN/IETF which authorizes domain
registrars is subject to US law)

It would also be better to create a technology enforcement agency to
enforce computer crime laws. Clearly, the FBI won't, and seems to have
little competence in the subject.  We are in a situation similar to drug
enforcement in the 70's. As you might recall, it was only after parents
discovered their kids using drugs, and subsequently discovered that the
FBI wouldn't enforce the drug laws, that the DEA was created.



                --Dean

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Date: Thu, 6 Feb 2003 20:16:42 -0600 (CST)
From: elijah wright <elw () stderr org>
To: Declan McCullagh <declan () well com>
cc: politech () politechbot com
Subject: Re: FC: Hoax a reporter with a fake domain name, go to jail?


>          Congressional legislation introduced (but not passed) last year
> could have made McWilliams a criminal for what he did.  The legislation,
> H.R. 4640, provided:
>
>          "Whoever knowingly and with intent to defraud provides material
> and misleading false contact information to a domain name registrar,
> domain name registry, or other domain name registration authority in
> registering a domain name shall be fined under this title or imprisoned
> not more than 5 years, or both."
>          See http://thomas.loc.gov/cgi-bin/query/z?c107:H.R.4640:

so what about entities who're running Web sites on extremely unpopular
topics (anti-war sites and pro-choice sites come to mind immediately...)
who don't list much contact information at all?  would those persons have
been prosecuted?

i've seen a rash of sites lately that don't have correct contact
information listed in WHOIS - many are corporations, rather than persons
who would have any reason to conceal their identities.

elijah

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Date: Thu, 6 Feb 2003 16:38:49 -0500 (EST)
From: Dean Anderson <dean () av8 com>
To: Declan McCullagh <declan () well com>
cc: politech () politechbot com
Subject: Re: FC: Reporter poses as Internet terrorist, dupes Computerworld

Oh please. 42 is the answer given by the computer Deep Thought to the
question "what is the meaning of the life, the universe, and everthing" in
Douglas Adams' "Hitchhikers Guide to the Galaxy" seriers.

                --Dean




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