==Phrack Inc.==

               Volume 0x0b, Issue 0x3c, Phile #0x0f of 0x10

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Content in Phrack World News does not reflect the opinion of any particluar
Phrack Staff member.  PWN is exclusively done by the scene and for the
scene.

  0x01: Phrack Headlines & Misc
  0x02: Freedom strikes back - DMCA loses the trial
  0x03: MS issues 71 security bulletins this year and counting...
  0x04: U.S. Patriot Act

|=[ 0x01 - Phrack Headlines & Misc ]=------------------------------------=|

Video games with violent content are good for da kids! I KNEW IT!
http://www.vnunet.com/News/1135410

The News Media propose to not broadcast (i.e. to censor) certain
reports. The 'Free' media is turning (some say it already turned) into an
instrument of the military. But dont worry too much about it: It's all
for our good!
http://commondreams.org/views02/1218-01.htm

Join the teleconference with the National infrastructure and Advisory
Council. The Council advises the President of the United States on the
security of information systems for critical infrastructure supporting
other sectors of the economy, including banking and finance,
transportation, energy, manufacturing, and emergency government services.
At this meeting, the Council will continue its deliberations on comments
to be delivered to President Bush concerning the draft National Strategy
to Secure Cyberspace.
http://www.access.gpo.gov/su_docs/aces/fr-cont.html

The promise of the newly formed Department of Homeland Security is to
improve our nation's security from terrorism. Unfortunately, the results
are far more likely to be the opposite.
http://www.counterpane.com/crypto-gram-0212.html#3

Kevin Mitnick wrote a book, "The Art of Deception". The first chapter
has been deleted by the publisher at the last minute. It's available
on the internet:
http://www.wired.com/news/culture/0,1284,56187,00.html
http://littlegreenguy.fateback.com/chapter1/Chapter%201%20-%20Banned%20Edition.doc

Cyberterrorism is just media hype. It's yet another trick used by the
military-industrial complex to suck the last cent out of your pocket. The
world will not forget when the Pentagon announced the "best coordinated and
most serious hacker attack against military installations". In the end it
was one single script kid who tried a public exploit against some
unimportant and unclassified military computer and gained access due to a 2
year old bug.
http://www.wired.com/news/infostructure/0,1377,56935,00.html

Read this before you visit any other countries. Otherwise you may
get arrested and prosecuted (in some cases executed!) in a foreign country
for an activity that is _legal_ in your country:

Flashn, a (famous) swedish hacker recently got arrested while trying to
escape the United States border to Canada. It seems that he had stayed
too long on his tourist visa.
http://www.freeflashn.org/
http://www.mail-archive.com/full-disclosure@lists.netsys.com/msg01684.html

Sk8 is out of prison but not free yet:
http://www.freesk8.org/

'Analyzer' is back in jail again:
http://www.freeanalyzer.org/

'Out of office' mails are fucking annoying. Read about yet another
reasons why you don't want to use them:
http://abcnews.go.com/sections/scitech/DailyNews/burglary021219.html

Computer Crime Center opens:
http://www.thestate.com/mld/thestate/news/local/4763628.htm

Get rooted while listening to mp3's:
http://news.com.com/2100-1001-978403.html?tag=fd_top

Microsoft's products have been left off a list compiled by the Defence
Signals Directorate that aims to evaluate and advise whether software
is appropriate for use by Australian Government agencies.
http://www.zdnet.com.au/newstech/security/story/0,2000024985,20270727,00.htm


|=[ 0x02 - Freedom strikes back - DMCA loses the trial  ]=----------------=|

The Russian software company which had found itself on trial in an
American court was acquitted on all counts of circumventing the DMCA.

Elcomsoft's woes began in August of last year, when programmer Dmitry
Sklyarov was charged under the Digital Millennium Copyright Act's
circumvention 1201 clauses (one small part of which is under review by
the Librarian of Congress) while visiting Las Vegas for a technical
conference. Skylarov was imprisoned for his part in creating an Adobe
eBook reader that permitted fair-use of copyright material, and
imprisoned pending trial.

"Today's jury verdict sends a strong message to federal prosecutors
who believe that tool makers should be thrown in jail just because a
copyright owner doesn't like the tools they build," said EFF Senior
Intellectual Property Attorney Fred von Lohmann.

http://www.theregister.co.uk/content/55/28612.html
http://www.theregister.co.uk/content/6/28654.html
http://www.phrack-dont-give-a-shit-about-dmca.org
http://www.nytimes.com/2002/11/21/technology/21COPY.html
http://www.theregister.co.uk/content/6/28223.html
http://www.wired.com/news/business/0,1367,56504,00.html
http://www.fatwallet.com/forums/messageview.cfm?catid=18&threadid=126042
http://news.com.com/2100-1023-976296.html


|=[ 0x03 - MS issues 71 security bulletins this year and counting...  ]=-=|

Are you keeping up with all the patches Microsoft has issued?
Microsoft has issued 71 security bulletins so far this year. One
bulletin in particular, MS02-069 (Flaw in Microsoft VM Could Enable
System Compromise) issued December 11, addresses several problems with
the Microsoft Virtual Machine (VM) used for Java code. Versions of the
VM software through version 5.0.3805 are vulnerable. According to
Microsoft, "The most serious of these issues could enable a Web site
to compromise your system and take actions such as changing data,
loading and running programs, and reformatting the hard disk." The
patch is a critical update, and everyone should install it.

http://www.microsoft.com/security/security_bulletins/ms02-069.asp


|=[ 0x04  - U.S Patriot Act ]=-------------------------------------------=|

by, Ross Regnart

Patriot Act redefine MAFIA and Others as "Terrorist Associates"

    Under the Patriot Act the U.S. Government can use a "new charge" to
arrest Mob members. The Act redefined "Terrorist Association" as any
criminal activity that may "relate" to supporting terrorists.

    For Prosecution, the U.S. Patriot Act merged common criminal activity
with supporting terrorism: The ACT states: criminals and terrorists use the
same criminal networks and organizations to "Market" illegal-drugs; both
participate in and have an interest in world criminal activity." 

    Police Can Now Use Secret Evidence Against Anyone: The Act opened a
back door for police to use "secret evidence" against non-terrorists and
alleged criminals. Secret evidence are evidence that has been gathers in
an illegal manner, without the authorization of a judge by federal
agencies. Government need only allege an individual or organization's
activities "relate" to a "criminal market that terrorists use or depend on
for their support in order to cause an arrest and/or property confiscation.

    What is a "Terrorist Associate? The Patriot Act's wording "relate to"
"join" "influence on" "assist" "support" and "criminal market" are so
vague, government may charge as "Terrorist Associates" both legal and
illegal businesses and individuals who never intended to support
terrorists. It is foreseeable "illegal drug marketers" will be charged as
"Terrorist Associates" since it is appears impossible to stop terrorists
from using their networks to sell drugs or other criminal activity. Under
the Act police need little probable cause to arrest citizens and only a
"preponderance of evidence" to confiscate their property. Innocent citizens
may find it difficult to defend against  "secret evidence" and/or recover
their confiscated bank accounts and other property. Under the Act
"a government authority" to seize foreign bank accounts, need only claim
that a  financial transaction, account proceeds or property are "related"
to criminal activity. 

    Under the Patriot Act: U.S. and  cooperating government authorities are
not required to "trace" prove the  source of a foreign bank or financial
service account in order to seize all the proceeds therein. Should the
United States or a government authority find that a  foreign bank account
has been drawn down or closed  the government may "substitute for
forfeiture" any other  asset  a government claims to belong to the alleged
owner of a bank account then subject to forfeiture. Consequently, a
government may  "substitute for forfeiture" assets "equal" to the entire
amount of all financial transactions and deposits that went through a
foreign bank or financial service account during a given time period. 

    Under the Patriot Act: the U.S. or a cooperating government authority
is not required to prove what part of proceeds seized from a foreign bank
or service account  are "related" to criminal activity. The U.S. or a 
cooperating government authority may confiscate a foreign bank account and
"never" inform its owners the reason for confiscation or  the evidence
against their account that caused its confiscation. Innocent account owners
may be defenseless under such circumstances.

    Charged Defendants Under the Act start out guilty having to prove they
did not reasonably have reason to know the person(s), organization or
entity they associated or networked with had committed a terrorist act or
would commit one in the future. 

    What constitutes Terrorism under the Patriot Act may be arbitrarily
decided by police: Any physical act that is legal or illegal may be alleged
by police to be terrorism under 18USC 2331. Example: Union demonstrators
fighting with strike breakers. No one need be injured for police to make a
terrorist charge; demonstrators need only "appear intended to intimidate or
coerce a civilian population; or to influence the policy of a government".
(See 18 USC 2331). 

   The Act's mention of "related" criminal activity and networks permit
government under the Act's anti-terrorism provisions to use "secret
evidence" against non-terrorists the government charges with being
"Terrorist Associates". Government "secret evidence" can be used in both
U.S. Military Tribunals and Civilian "Star Chamber Courts" as provided for
by the Anti-Terrorism and Death Penalty Act of 1996. Defense against
government-paid and/or other secret witnesses may be difficult when
defendants are not allowed to learn the evidence against them. 

    Under the U.S. Patriot Act the Government got the power from Congress
to charge U.S. Citizens for crimes that "relate" to any activity that may
support terrorists or threatens the safety, economy, national security,
and/or U.S. or Foreign Policy of the United States. 


    CONCERN: Like imprisoned foreign-terrorist suspects in the U.S., could
American Citizens (non-terrorists) subsequently charged by the government
as "Terrorist Associates", e.g., "related criminal activity" be next to
lose their right to have confidential meetings with attorneys? Could U.S.
Citizens be forced to give up attorney-client-privilege, endure government
agents sitting at their table whenever an attorney comes to meet with them
in jail? 


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