------------------------------ From: Moderators and others Subject: Len Rose Indictment in Illinois Date: December 5, 1990 ******************************************************************** *** CuD #2.15: File 2 of 7: Len Rose Indictment and News Article*** ******************************************************************** "Innocent Plea in Computer Case: Naperville Man Denies Taking Key Program from Firm" From: Chicago Tribune, December 4, 1990: Sect. 2, p. 7) By Joseph Sjostrom One of the first persons ever charged with computer tampering in Du Page County pleaded not guilty Monday. Leonard Rose, 31, of Naperville, entered the plea before Associate Du Page County Judge Thomas Callum, who set the next hearing for January 14. Rose is charged with gaining access to a computer at Interactive Systems, Inc., a Naperville software company where he worked for only a week last month, and with "removing" a program called AT&T Unix Source Code, which is the basic operating instructions that tell a computer how to receive and use all the other programs. If the case goes to trial, the prosecutor, Assistant State's Atty. David Bayer, will have to convince a jury that Rose removed the source code and that such action was illegal, even though the code remained in the computer from which he allegedly took it. Rose's attorney, Sheldon Zenner of Chicago, expects the case will never get beyond the first of those questions. "Quite simply, he didn't do it," Zenner said. Rose is under federal indictment in Baltimore for copying a similar program from a computer there and putting it on a computer bulletin board, where computer users could copy and use it without paying fees to AT&T. Rose was indicted on November 21 in Du Page County. Naperville police and state's attorney's investigators searched his apartment and confiscated two computers and a number of computer discs. "There were certain commands made on {the Interactive Systems} computer which suggest the source code was copied, or down-loaded {onto another computer}," Zenner said. "So they looked for the source code on Rose's computer, but it wasn't there. So they'll have to try to analyze the commands made on his computer and I expect they'll have an expert testify that, based on his analysis, the code was downloaded {onto Rose's computer}. "But the source code isn't there because Rose didn't do it," Zenner said. "I expect to show the court that a serious mistake has been made." Despite the large number of sophisticated research and business computers in Du Page County, the only other recent prosecution for computer tampering was the case of a woman who used a computer about two years ago to take revenge on an employer for firing her. She was put on probation after admiting that, in a fit of anger, she purged several programs from the company computer before departing the office for the last time. Otherwise, the extent of computer tampering and fraud is impossible to know, though experts say the opportunities for such activities are extensive. (end article) ******************************* {Moderator's note: The story is a fair overview, but there is one major inaccuracy. Len Rose's Baltimore five count indictment *DOES NOT* charge him with "copying a similar program from a computer there and putting it on a computer bulletin board, where computer users could copy and use it without paying fees to AT&T." The federal indictment in Baltimore charges him with two counts of sending a trojan horse login file (which is not, in itself, illegal), and with three counts of transporting a very small portion of a Unix file across state lines. He is *NOT* charged with theft of that program in the indictment. Nor is he charged with downloading it or with placing it on a BBS where it could be downloaded. This portion of the story sounds like information provided by a prosecutor, because the reporter indicated he had not read the Baltimore indictment. ******************************* The following is a voice-transcribed version of Len Rose's indictment of December 3, 1990 (Illinois, Du Page County; Case # 90-CF-2635). The form may not correspond exactly with the original, but it approximates the wording as closely as possible. The status hearing is set for January 14, 1991. ****************** The grand jurors chosen, selected, and sworn, in and for the County of Du Page in the State of Illinois, IN THE NAME AND BY THE AUTHORITY OF THE PEOPLE OF THE STATE OF ILLINOIS, upon their oaths present that on or about the 17th day of October, 1990, at and within Du Page County, Illinois, Leonard Rose committed the offense of Computer Tampering in that said defendant accessed a computer belonging to Interactive Services, a corporation doing business at 1901 S. Naper Boulevard, Naperville, Du Page County, Illinois, and removed a program known as AT&T Unix System without the authority of the computer's owner, in violation of Illinois revised statutes, 1989, Chapter 38, Section 16D-3(a)(3) AGAINST THE PEACE AND DIGNITY OF THE SAME PEOPLE OF THE STATE OF ILLINOIS. (end indictment) ************************ Following is the relevant language of the Illinois Criminal Code (Chapter 38): ************************ 16D-3. COMPUTER tampering s 16D-3. COMPUTER Tampering. (a) A person commits the offense of COMPUTER tampering when he knowingly and without the authorization of a COMPUTER'S owner, as defined in Section 15-2 of this Code, or in excess of the authority granted to him: (1) Accesses or causes to be accessed a COMPUTER or any part thereof, or a program or data; (2) Accesses or causes to be accessed a COMPUTER or any part thereof, or a program or data, and obtains data or services; (3) Accesses or causes to be accessed a COMPUTER or any part thereof, or a program or data, and damages or destroys the COMPUTER or alters, deletes or removes a COMPUTER program or data; (4) Inserts or attempts to insert a "program" into a COMPUTER or COMPUTER program knowing or having reason to believe that such "program" contains information or commands that will or may damage or destroy that COMPUTER, or any other COMPUTER subsequently accessing or being accessed by that COMPUTER, or that will or may alter, delete or remove a COMPUTER program or data from that COMPUTER, or any other COMPUTER program or data in a COMPUTER subsequently accessing or being accessed by that COMPUTER, or that will or ma cause loss to the users of that COMPUTER or the users of a COMPUTER which accesses or which is accessed by such "program". (b) Sentence. (1) A person who commits the offense of COMPUTER tampering as set forth in subsection (a)(1) of this Section shall be guilty of a Class B misdemeanor. (2) A person who commits the offense of COMPUTER tampering as set forth in subsection (a)(2) of this Section shall be guilty of a Class A misdemeanor an a Class 4 felony for the second or subsequent offense. (3) A person who commits the offense of COMPUTER tampering as set forth in subsection (a)(3) or subsection (a)(4) of this Section shall be guilty of a Class 4 felony and a Class 3 felony for the second or subsequent offense. (c) Whoever suffers loss by reason of a violation of subsection (a)(4) of this Section may, in a civil action against the violator, obtain appropriate relief. In a civil action under this Section, the court may award to the prevailing party reasonable attorney's fees and other litigation expenses. ******************************************************************** >> END OF THIS FILE << *************************************************************************** Downloaded From P-80 International Information Systems 304-744-2253 12yrs+