Underground: Hacking, madness and obsession on the electronic frontierDreyfus, Suelette
Science
Underground: Hacking, madness and obsession on the electronic frontier
Dreyfus, Suelette
Computer crimes -- Australia; Computer hackers -- Australia -- Biography; Computer security -- Australia
The hackers weren't being charged with breaking into computers. They
were being charged with conspiracy, a more serious offence. While
admitting the threesome did not hack for personal gain, the
prosecution alleged the hackers had conspired to break into and modify
computer systems. It was a strange approach to say the least,
considering that none of the three hackers had ever met or even talked
to the others before they were arrested.
It was not so strange, however, when looking at the potential
penalties. If the hackers had been charged with simply breaking into a
machine, without intending any harm, the maximum penalty was six
months jail and a fine of up to [sterling]5000. However, conspiracy,
which was covered under a different section of the Act, could bring up
to five years in jail and an unlimited amount in fines.
The prosecution was taking a big gamble. It would be harder to prove
conspiracy charges, which required demonstration of greater criminal
intent than lesser charges. The potential pay-off was of course also
much greater. If convicted, the defendants in Britain's most important
hacking case to date would be going to prison.
As with The Realm case, two hackers--Pad and Gandalf--planned to plead
guilty while the third--in this case Wandii--planned to fight the
charges every step of the way. Legal Aid was footing the bill for
their lawyers, because the hackers were either not working or were
working in such lowly paid, short-term jobs they qualified for free
legal support.
Wandii's lawyers told the media that this showcase was tantamount to a
state trial. It was the first major hacking case under the new
legislation which didn't involve disgruntled employees. While having
no different legal status from a normal trial, the term state trial
suggested a greater degree of official wrath--the kind usually
reserved for cases of treason.
On 22 February 1993, within two months of Electron's decision to turn
Crown witness against Phoenix and Nom, the three 8lgm hackers stood in
the dock at Southwark Crown Court in South London to enter pleas in
their own case.
In the dim winter light, Southwark couldn't look less appealing, but
that didn't deter the crowds. The courtroom was going to be packed,
just as Bow Street had been. Scotland Yard detectives were turning out
in force. The crowd shuffled toward Room 12.
The prosecution told the media they had about 800 computer disks full
of evidence and court materials. If all the data had been printed out
on A4 paper, the stack would tower more than 40 metres in the air,
they said. Considering the massive amount of evidence being heaved,
rolled and tugged through the building by teams of legal eagles, the
choice of location--on the fifth floor--proved to be a challenge.
Public-domain text, read in full here on John Shaqi.
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