`I couldn't say what was going through my mind at the time. But initially once I got into the first system—I'm sure you have heard this a lot—but once you get into the first system, it's like you get into the next one and the next one and the next one, after a while it doesn't …' Anthrax couldn't find the right words to finish the explanation.
`Once you have tasted the forbidden fruit?'
`Exactly. It's a good analogy.'
Day pressed on with questions about Anthrax's hacking. He successfully elicited admissions from the hacker. Anthrax gave Day more than the police officer had before, but probably not as much as he would have liked.
It was, however, enough. Enough to keep the police from charging
Anthrax's mother. And enough for them to charge him.
Anthrax didn't see his final list of charges until the day he appeared in court on 28 August 1995. The whole case seemed to be a bit disorganised. His Legal Aid lawyer had little knowledge of computers, let alone computer crime. He told Anthrax he could ask for an adjournment because he hadn't seen the final charges until so late, but Anthrax wanted to get the thing over and done with. They had agreed that Anthrax would plead guilty to the charges and hope for a reasonable magistrate.
Anthrax looked through the hand-up brief provided by the prosecution, which included a heavily edited transcript of his interview with the police. It was labelled as a `summary', but it certainly didn't summarise everything important in that interview. Either the prosecution or the police had cut out all references to the fact that the police had threatened to charge Anthrax's mother if he didn't agree to be interviewed.
Anthrax pondered the matter. Wasn't everything relevant to his case supposed to be covered in a hand-up brief? This seemed very relevant to his case, yet there wasn't a mention of it anywhere in the document. He began to wonder if the police had edited down the transcript just so they could cut out that portion of the interview. Perhaps the judge wouldn't be too happy about it. He thought that maybe the police didn't want to be held accountable for how they had dealt with his mother.
The rest of the hand-up brief wasn't much better. The only statement by an actual `witness' to Anthrax's hacking was from his former room-mate, who claimed that he had watched Anthrax break into a NASA computer and access an `area of the computer system which showed the latitude/longitude of ships'.
Did space ships even have longitudes and latitudes? Anthrax didn't know. And he had certainly never broken into a NASA computer in front of the room-mate. It was absurd. This guy is lying, Anthrax thought, and five minutes under cross-examination by a reasonable lawyer would illustrate as much. Anthrax's instincts told him the prosecution had a flimsy case for some of the charges, but he felt overwhelmed by pressure from all sides—his family, the bustle in the courtroom, even the officiousness of his own lawyer quickly rustling through his papers.
Anthrax looked around the room. His eyes fell on his father, who sat waiting on the public benches. Anthrax's lawyer wanted him there to give evidence during sentencing. He thought it would look good to show there was a family presence. Anthrax gave the suggestion a cool reception. But he didn't understand how courts worked, so he followed his lawyer's advice.
Anthrax's mother was back at his apartment, waiting for news. She had been on night duty and was supposed to be sleeping. That was the ostensible reason she didn't attend. Anthrax thought perhaps that the tension was too much for her. Whatever the reason, she didn't sleep all that day. She tidied the place, washed the dishes, did the laundry, and kept herself as busy as the tiny apartment would allow her.
Anthrax's girlfriend, a pretty, moon-faced Turkish girl, also came to court. She had never been into the hacking scene. A group of school children, mostly girls, chatted in the rows behind her.
Anthrax read through the four-page summary of facts provided by the prosecution. When he reached the final page, his heart stopped. The final paragraph said:
31. Penalty
s85ZF (a)—12 months, $6000 or both
s76E(a)—2 years, $12000 or both
Pointing to the last paragraph, Anthrax asked his lawyer what that was all about. His lawyer told him that he would probably get prison but, well, it wouldn't be that bad and he would just have `to take it on the chin'. He would, after all, be out in a year or two.
Rapists sometimes got off with less than that. Anthrax couldn't believe the prosecution was asking for prison. After he cooperated, suffering through that miserable interview. He had no prior convictions. But the snowball had been set in motion. The magistrate appeared and opened the court.
Anthrax felt he couldn't back out now and he pleaded guilty to 21 counts, including one charge of inserting data and twenty charges of defrauding or attempting to defraud a carrier.
His lawyer put the case for a lenient sentence. He called Anthrax's father up on the stand and asked him questions about his son. His father probably did more harm than good. When asked if he thought his son would offend again, his father replied, `I don't know'.
Anthrax was livid. It was further unconscionable behaviour. Not long before the trial, Anthrax had discovered that his father had planned to sneak out of the country two days before the court case. He was going overseas, he told his wife, but not until after the court case. It was only by chance that she discovered his surreptitious plans to leave early. Presumably he would find his son's trial humiliating. Anthrax's mother insisted he stayed and he begrudgingly delayed the trip.
His father sat down, a bit away from Anthrax and his lawyer. The lawyer provided a colourful alternative to the prosecutor. He perched one leg up on his bench, rested an elbow on the knee and stroked his long, red beard. It was an impressive beard, more than a foot long and thick with reddish brown curls. Somehow it fitted with his two-tone chocolate brown suit and his tie, a breathtakingly wide creation with wild patterns in gold. The suit was one size too small. He launched into the usual courtroom flourish—lots of words saying nothing. Then he got to the punch line.
`Your worship, this young man has been in all sorts of places. NASA, military sites, you wouldn't believe some of the places he has been.'
`I don't think I want to know where he has been,' the magistrate answered wryly.
The strategy was Anthrax's. He thought he could turn a liability into an asset by showing that he had been in many systems—many sensitive systems—but had done no malicious damage in any of them.
The strategy worked and the magistrate announced there was no way he was sending the young hacker to jail.
The prosecutor looked genuinely disappointed and launched a counter proposal—1500 hours of community service. Anthrax caught his breath. That was absurd. It would take almost nine months, full time. Painting buildings, cleaning toilets. Forget about his university studies. It was almost as bad as prison.
Anthrax's lawyer protested. `Your Worship, that penalty is something out of cyberspace.' Anthrax winced at how corny that sounded, but the lawyer looked very pleased with himself.
The magistrate refused to have a bar of the prosecutor's counter proposal. Anthrax's girlfriend was impressed with the magistrate. She didn't know much about the law or the court system, but he seemed a fair man, a just man. He didn't appear to want to give a harsh punishment to Anthrax at all. But he told the court he had to send a message to Anthrax, to the class of school children in the public benches and to the general community that hacking was wrong in the eyes of the law. Anthrax glanced back at the students. They looked like they were aged thirteen or fourteen, about the age he got into hacking and phreaking.
The magistrate announced his sentence. Two hundred hours of community service and $6116.90 of restitution to be paid to two telephone companies—Telecom and Teleglobe in Canada. It wasn't prison, but it was a staggering amount of money for a student to rake up. He had a year to pay it off, and it would definitely take that long. At least he was free.
Anthrax's girlfriend thought how unlucky it was to have landed those giggling school children in the courtroom on that day. They laughed and pointed and half-whispered. Court was a game. They didn't seem to take the magistrate's warning seriously. Perhaps they were gossiping about the next party. Perhaps they were chatting about a new pair of sneakers or a new CD.
And maybe one or two murmured quietly how cool it would be to break into NASA.
Afterword.
It was billed as the `largest annual gathering of those in, related to, or wishing to know more about the computer underground', so I thought I had better go.
HoHoCon in Austin, Texas, was without a doubt one of the strangest conferences I have attended. During the weekend leading up to New Year's Day 1995, the Ramada Inn South was overrun by hackers, phreakers, ex-hackers, underground sympathisers, journalists, computer company employees and American law enforcement agents. Some people had come from as far away as Germany and Canada.
The hackers and phreakers slept four or six to a room—if they slept at all. The feds slept two to a room. I could be wrong; maybe they weren't feds at all. But they seemed far too well dressed and well pressed to be anything else. No one else at HoHoCon ironed their T-shirts.
I left the main conference hall and wandered into Room 518—the computer room—sat down on one of the two hotel beds which had been shoved into a corner to make room for all the computer gear, and watched. The conference organisers had moved enough equipment in there to open a store, and then connected it all to the Internet. For nearly three days, the room was almost continuously full. Boys in their late teens or early twenties lounged on the floor talking, playing with their cell phones and scanners or tapping away at one of the six or seven terminals. Empty bags of chips, Coke cans and pizza boxes littered the room. The place felt like one giant college dorm floor party, except that the people didn't talk to each other so much as to their computers.
These weren't the only interesting people at the con. I met up with an older group of nonconformists in the computer industry, a sort of Austin intelligentsia. By older, I mean above the age of 26. They were interested in many of the same issues as the young group of hackers—privacy, encryption, the future of a digital world—and they all had technical backgrounds.
