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 head of the AFP's Southern Region Computer Crimes Unit, Detective
Sergeant Ken Day was in court that day. There was no way he was going
to miss this. The same witness noting the tension between Phoenix's
parents might also have perceived an undercurrent of hostility between
Day and Phoenix--an undercurrent which did not seem to exist between
Day and either of the other Realm hackers.
Day, a short, careful man who gave off an air of bottled intensity,
seemed to have an acute dislike for Phoenix. By all observations the
feeling was mutual. A cool-headed professional, Day would never say
anything in public to express the dislike--that was not his style. His
dislike was only indicated by a slight tightness in the muscles of an
otherwise unreadable face.
On 6 October 1993, Phoenix and Nom stood side by side in the dock for
sentencing. Wearing a stern expression, Judge Smith began by detailing
both the hackers' charges and the origin of The Realm. But after the
summary, the judge saved his harshest rebuke for Phoenix.
`There is nothing ... to admire about your conduct and every reason
why it should be roundly condemned. You pointed out [weaknesses] to
some of the system administrators ... [but] this was more a display of
arrogance and a demonstration of what you thought was your superiority
rather than an act of altruism on your part.
`You ... bragged about what you had done or were going to do ... Your
conduct revealed ... arrogance on your part, open defiance, and an
intention to the beat the system. [You] did cause havoc for a time
within the various targeted systems.'
Although the judge appeared firm in his views while passing sentence,
behind the scenes he had agonised greatly over his decision. He had
attempted to balance what he saw as the need for deterrence, the
creation of a precedence for sentencing hacking cases in Australia,
and the individual aspects of this case. Finally, after sifting
through the arguments again and again, he had reached a decision.
`I have no doubt that some sections of our community would regard
anything than a custodial sentence as less than appropriate. I share
that view. But after much reflection ... I have concluded that an
immediate term of imprisonment is unnecessary.'
Relief rolled across the faces of the hackers' friends and relatives
as the judge ordered Phoenix to complete 500 hours of community
service work over two years and assigned him a $1000 twelve-month good
behaviour bond. He gave Nom 200 hours, and a $500, six-month bond for
good behaviour.
As Phoenix was leaving the courtroom, a tall, skinny young man, loped
down the aisle towards him.
`Congratulations,' the stranger said, his long hair dangling in
delicate curls around his shoulders.
`Thanks,' Phoenix answered, combing his memory for the boyish face
which couldn't be any older than his own. `Do I know you?'
`Sort of,' the stranger answered. `I'm Mendax. I'm about to go through
what you did, but worse.'
Public-domain text, read in full here on John Shaqi.
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