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From: NEWSBYTES (reprint) by John F. McMullen
Subject: Felony Charges Dropped against Phiber Optik
Date: February 20, 1991

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***  CuD #3.06: File 4 of 6: No Felony Charges against Phiber O. ***
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FELONY CHARGES DROPPED AGAINST "HACKER" 2/20/91

NEW YORK, NEW YORK, U.S.A., 1991 FEB 20(NB) -- The felony charges of
computer tampering and computer trespass have been dropped against Mark
Abene, known throughout the "hacker world" as "Phiber Optic". Abene pleaded
guilty to a misdemeanor charge of unauthorized use of a computer and will
be sentenced on April 4th on that count.

The arrest of Abene by New York State Police on February 5th followed over
a year of uncertainty for Abene who had computer equipment and notes seized
during the execution of a search warrant on January 24th, 1990. At the time
of the arrest, it was alleged that Abene had electronically invaded a New
York Telephone Company computer and activated an unused telephone number.
He then supposedly arranged call forwarding to a "900" number to provide
free access to an otherwise chargeable service. These allegations led to
Abene being charged with the two felonies and a misdemeanor for theft of
services.

The dropping of the felony charges on February 19th in New York state court
was accompanied by a changing of the theft of services charge to one
alleging unauthorized use of a computer and it was the new charge to which
Abene pleaded guilty. Abene's attorney, Carol Grumbach of the firm of
Levinson & Kaplan told Newsbytes that she expects the April 4th sentencing
to result in Abene being granted youthful offender status and court records
sealed as a result. She also expects the remaining charge to be
conditionally discharged based on Abene's performance of community service
activities.

Abene, commenting on the resolution of the case, told Newsbytes "I'm very
glad that this is over. At least now, I know where I stand and that's much
better than it's been for the last year." Abene also said that the computer
equipment seized is still in the custody of the authorities and that it is,
as yet, unclear when it is to be returned.

On the same day in 1990 that the Abene's equipment was seized, search
warrants were also executed by New York State Police and United States
Secret Service agents on three other New York residents known by the hacker
names "Acid Phreak", "Scorpion" and "Flash". Newsbytes was told by informed
sources that Acid Phreak and Scorpion have been notified by the United
States Attorney for the Eastern District of New York that they are to be
charged under federal statutes for computer-related crimes. Newsbytes was
also told at the time of the Abene arrest that it was decided to charge him
under state law because his age at the time of the alleged incident would
have resulted in his classification as a minor under federal law. He was
charged as an adult under New York law.

Flash was arrested on February 13th by New York State Police and U.S.
Secret Service agents. was identified as Albert Kong, 23 and charged with
felony counts of computer trespass and 2nd degree grand larceny. At the
time of the arrest, New York State Police Senior Investigator Donald
Delaney told Newsbytes that there was no apparent connection between the
Kong case and the other cases.

(Barbara E. McMullen & John F. McMullen

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