| ==Phrack Magazine== |
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| Volume Four, Issue Forty-Three, File 12 of 27 |
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| My Bust |
| Or, |
| An Odyssey of Ignorance |
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| (C) 1993 Robert W. F. Clark |
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|
|
|
| [This is a factual account; however, certain innocent parties have |
| already suffered enough damage to their reputations |
| without further identification. I have changed their names. |
| Where I have done so I follow the name with an asterisk [*]. |
|
|
|
|
| I. _In flagrante delicto_ |
|
|
| I am writing this article for the benefit of those who have yet to |
| become acquainted with the brotherhood of law enforcement, a subculture |
| as warped and depraved as any criminal organization. |
|
|
| The law enforcement community entered my life in the early part of |
| December 1989. I am yet to be quit of it. My initial contact with law |
| enforcement and its quaint customs was one afternoon as I was reading email. |
| Suddenly, without warning, I heard a voice shout: "Freeze, and get away from |
| the computer." Nonplussed, but still with some command of my faculties, I |
| drawled: "So, which do you want me to do?" |
|
|
| The police officer did not answer. |
|
|
| I was in the main public academic computing facility at Penn State, |
| which was occupied by several startled-looking computer users, who now trained |
| their eyes on the ensuing drama with all the solicitous concern of Romans |
| attending an arena event. |
|
|
| The officer, Police Services Officer Anne Rego, then left the room, |
| and my immediate concern was to kill all processes and |
| delete all incriminating files, or at least to arrange an accidental |
| disruption of power. However, before I could do anything, Miss Rego |
| reappeared with a grim, mustached police officer and what appeared to be the |
| cast of Revenge of the Nerds. |
|
|
| Angela Thomas, computer science instructor, immediately commandeered |
| both terminals I had been using and began transferring the contents of |
| all directories to a safe machine; the newcomer, Police Services Officer |
| Sam Ricciotti, volunteered the helpful information: "You're in big |
| trouble, kid." |
|
|
| In an excess of hospitality, they then offered me a ride to Grange |
| Building, police headquarters of Penn State, for an afternoon of |
| conversation and bright lights. |
|
|
| I asked if I were under arrest, and finding that I was not, asked |
| what would happen if I refused their generous offer. They said that |
| it might have negative repercussions, and that the wise choice was to |
| accompany them. |
|
|
| So, after a moment of thought, I agreed to accompany them. Forming a |
| strange procession, with a police officer preceding me and another |
| following, we entered an elevator. Then, still in formation, we exited |
| the building to be greeted by two police cars with flashing red and |
| blue lights. Like a chauffeur, Officer Ricciotti opened the door for |
| me, and it was only after he closed it that I realized, for the first |
| time, that the back doors of police cars have no handles on the inside. |
|
|
| I had made yet another mistake in a long series. |
|
|
| The purpose of this article is to detail several possible mistakes in dealing |
| with police and how they may be avoided. As I made almost every possible |
| mistake, my experience should prove enlightening. |
|
|
| While I hope that this article might prevent you from being busted, |
| I will have been successful if even one person does not make the |
| mistakes I made when I was busted. |
|
|
| II. Prelude |
|
|
| To provide the reader with context, I shall explain the series of events |
| which culminated in my apprehension. |
|
|
| On my entrance to the Pennsylvania State University as a University |
| Scholar, the highest distinction available from an institution remarkable for |
| its lack of distinction, I received an account on PSUVM, an IBM 3090 running |
| VM/CMS. Before receiving the account, I acquired all available documentation |
| from the Information Desk and read it. As it happened, the first document I |
| read concerned "Netnews," the local name for Usenet. |
|
|
| As soon as my account was activated, I immediately typed netnews. |
| I have never been the same since. Within a week, I began posting |
| articles of my own and was immediately lambasted, flamed and roasted |
| to a crisp. Discovering my own talent in the area of malediction, |
| I became an alt.flame and talk.bizarre regular. I also read comp.risks, |
| comp.dcom.telecom and other technical journals assiduously. |
|
|
| I began hacking VM/CMS, independently discovering a vast |
| number of flaws in the system. Within a few months, I was able to |
| access any information in the system which interested me, submit |
| anonymous batch jobs, and circumvent the 'ration' utility which limited |
| a luser's time on the system. It was a trivial matter to write a trojan |
| horse which imitated the login screen and grabbed passwords. Late |
| at night, when there were few users, I would crank the CPU, of |
| a system capable of handling 300 users simultaneously, |
| to 100% capacity just for the sake of doing it. I discovered a |
| simple method of crashing the system, but felt no need to do it, |
| as I knew that it would work. To avoid disk space rationing, I |
| would store huge files in my virtual punch. To my credit, lest |
| I seem a selfish pig unconcerned with the welfare of |
| other users, I limited such exercises to the later hours of the |
| night, and eliminated large files when they were no longer useful |
| to me. |
|
|
| Like one starved, I glutted myself on information. To have |
| legitimate access to such a system was marvellous. For a few months, |
| I was satisfied with my level of 'power,' that elusive quality which is |
| like a drug to those of a certain peculiarity of mind. |
|
|
| However, it was not long before I realized that despite the sheer |
| power of the system, the user interface was clumsy, |
| unaesthetic and intolerable to anyone desiring to understand |
| the machine directly. The damn thing had a virtual punch |
| card system! |
|
|
| I had heard about Unix, and was interested in trying this system. However, |
| without an affiliation with the Computer Science Department, I had no |
| way to get Unix access. |
|
|
| Comparative Literature majors apparently should not clutter their heads with |
| such useless and destructive nonsense as the Unix operating system, |
| just as an Engineering major can only be damaged by such |
| mental clutter as the works of Shakespeare; this, in any case, seemed |
| to be the only justification for such an arcane, Byzantine |
| policy of restricting access to a nearly unlimited resource. |
|
|
| The academic community is addicted to the unhealthy practice of restricting |
| information, and its policies are dedicated to the end of turning agile, eager |
| young minds into so many identical cogs in the social mill. Those unable or |
| unwilling to become cogs are of no use to this machine, and are dispensable. |
|
|
| Thus, in the latter part of my freshman year, I became increasingly |
| frustrated and disillusioned with higher education in general, and |
| by the very idea of specialized education in particular. I stopped |
| attending classes, and even skipped tests. I became increasingly |
| nocturnal and increasingly obsessed with Usenet. Nevertheless, even |
| by doing the entire semester's work during finals week, I still |
| barely managed to maintain honors status. |
|
|
| The summer restored my spirits greatly. I experimented |
| with LSD for the first time, and found that it allowed me to see |
| myself as I truly was, and to come to a certain grudging acceptance of |
| myself, to a greater degree than any psychologist had. I found that I |
| preferred marijuana to alcohol, and soon no longer subjected myself to |
| prolonged bouts of drinking. |
|
|
| However, I mistook my upturn in spirits for a rejuvenation, when |
| it was more likely due to the lack of pressure and hedonism |
| of summer. |
|
|
| Near the end of my first year, I met Dale Garrison [*], an |
| electronic musician and audio man for WPSX-TV, the university |
| public television station. He also recorded music recitals |
| for faculty and visiting luminaries, and thus had access to |
| the Electronic Music Lab and all its facilities. |
| His friend Shamir Kamchatka [*] had bequeathed him a Unix |
| account on the mail hub of the Pennsylvania State University. |
| Another friend, Ron Gere [*], a systems operator for the |
| Engineering Computer Lab, had created an account for him on |
| the departmental VAXcluster following the termination of his |
| legitimate account due to a change in policy. They gave the |
| account the cover name of Huang Chang [*] as a sort of joke, |
| but this name was remarkably inconspicuous with the preponderance |
| of Asian names on the system. Dale began posting articles under |
| this name, as he had no account with his real name, but by a slow |
| process, the nom-de-plume became a well-developed and individual |
| personality, and the poems, articles and diatribes written |
| under this name became quite popular. Even when we later |
| realized the ease with which he could forge articles with his |
| actual name, he was disinclined to do so. The wit and |
| intelligence of the assumed identity became so unique to |
| that identity that it would have been difficult to shed. |
|
|
| I often used the Unix account, and quickly began to |
| understand and appreciate the complexity and organic unity |
| of the Internet. |
|
|
| I had no moral qualms about using a computer account with the |
| permission of the legitimate owner of the account, any more than |
| I would have moral qualms about checking out a book from the |
| mathematics library. A source of information for which my tuition |
| and taxes has paid is a source of information which I have every |
| right to access. To deny my access is a crime greater by far |
| than for me to claim my rights by nondestructive means. Any |
| university will allow a student of any college to check out a book |
| on any subject from the library. |
|
|
| However, myopic university administrations seem to believe that restricting |
| access to information, rather than allowing a free exchange of ideas, is the |
| purpose of an educational institution. Every department will have its own |
| computer subnetwork, regardless of whether it is sensible or equitable to do |
| so. The stagnation and redundancy we see on the Internet is the inevitable |
| result of such an absurd _de facto_ standard. |
|
|
| This policy is by no means limited to computers. It extends to |
| class scheduling, work-study programs, any technical equipment worth |
| using, arts training, religious studies, athletic facilities, degree |
| requirements, musical instruments, literature and any thing which is |
| useful to the mind. Bean-counters who can neither read a line |
| of Baudelaire nor parse a line of C decide what is to be the canned |
| curriculum for anyone who chooses a major. This is the obvious |
| outcome in a society where education is so undervalued that |
| Education majors have the lowest SAT scores of any degree-level |
| students. |
|
|
| So I thought as I saw resources wasted, minds distorted, |
| the lives of close friends ruined by the slow, inexorable grinding |
| of the vast, impersonal machine known as higher education. I saw |
| professors in computer science tell blatant falsehoods, professors |
| in philosophy misquote Nietzsche, professors in English Literature |
| hand out typewritten memos rife with grammatical errors. |
| I grew entirely disgusted with the mismanagement of higher |
| education. When I discovered that the most intelligent and individual |
| people around me were usually not students, I gave up on college |
| as a means of self-actualization. |
|
|
| My second year of college was essentially the first repeated, |
| except that my frustration with the academic world bloomed into |
| nihilism, and my depression into despair. I no longer even bothered to |
| attend most tests, and even skipped finals. I allowed my paperwork for |
| the University Scholars Program to lapse, rather than suffer |
| the indignity of ejection for poor academic performance. |
|
|
| Another summer followed, with less cheer than the previous. Very early in the |
| summer, a moron rear-ended my car without even slowing down before slamming |
| into me. My mother and stepfather ejected me from their house, and I moved to |
| Indiana to live with my father. When the insurance money arrived from my |
| totalled car, I purchased a cheap vehicle and hit the highway with no |
| particular destination in mind. With a lemming's logic, I turned east instead |
| of west on I-70, and returned to State College, Pennsylvania. |
|
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| At the last moment, I registered for part-time classes. |
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| III. History of a Conflagration |
|
|
| >From the beginning of this semester, I neglected my classes, and |
| instead read RFCs and Unix system security manuals. I began |
| experimenting with the communications capabilities of the TCP/IP protocol |
| suite, and began to understand more deeply how it was that such a network |
| could exist as an organic whole greater than the sum of its parts. |
|
|
| In the interest of experimenting with these interconnections, I |
| began to acquire a number of Internet 'guest' accounts. When possible, I |
| would use these to expand my area of access, with the goal of testing the |
| speed and reliability of the network; and, I freely admit, for my amusement. |
|
|
| I realized, at the time, that what I was doing was, legally, in |
| a gray area; but I did not give moral considerations more than |
| a passing thought. Later, I had leisure to ponder the moral and legal aspects |
| of my actions at great length, but at the time I was collecting accounts I |
| only considered the technical aspects of what I was doing. |
|
|
| I discovered Richard Stallman's accounts on a variety of computers. |
| I used these only for testing mail and packet routing. |
| I realized that it would be trivial to use them for malicious |
| purposes, but the thought of doing so did not occur to me. The very |
| idea of hacking a computer system implies the desire to outsmart the |
| security some unknown person had designed to prevent intrusion; to |
| abuse a trust in this manner has all the appeal to a hacker that a |
| hunter would find in stalking a kitten with a howitzer. To hack an |
| open system requires no intelligence and little knowledge, and |
| imparts no deeper knowledge than is available by legitimate use of |
| the system. |
|
|
| I soon had a collection of accounts widely scattered around |
| the continent: at the University of Chicago, at the Pennsylvania |
| State University, at Johns Hopkins, at Lawrence-Berkeley Laboratories |
| and a number of commercial and government sites. |
|
|
| However, the deadly mistake of hacking close to home was my downfall. |
| I thought I was untouchable and infallible, and in a regrettable accident I |
| destroyed the /etc/groups file at the Software Engineering Laboratory at Penn |
| State, due to a serious lapse in judgment combined with a series of |
| typographical errors. This is the only action for which I should have been |
| held accountable; however, as you shall see, it is the only action for which |
| I was not penalized in any way. |
|
|
| I halt the narrative here to deliver some advice suggested by my |
| mistakes. |
|
|
| My first piece of advice is: avoid the destruction of information by not |
| altering any information beyond that necessary to maintain |
| access and avoid detection. Try to protect yourself from typographical |
| errors by backing up information. My lack of consideration in this |
| important regard cost Professor Dhamir Mannai many hours |
| reconstructing the groups file. Dhamir plays a major role in the |
| ensuing fracas, and turned out very sympathetic. I must |
| emphasize that the computer security people with whom we have such |
| fun are often decent people. Treat a system you have invaded as |
| you would wish someone to treat your system if they had done the |
| same to you. Protect both the system and yourself. Damage to the system |
| will have a significant effect on any criminal case which is filed |
| against you. Even the harshest of judges is likely to respond to a |
| criminal case with a bewildered dismissal if no damage is alleged. |
| However, if there is any damage to a system, the police will most certainly |
| allege that you maliciously damaged the machine. It is their job |
| to do so. |
|
|
| My second piece of advice is: avoid hacking systems geographically |
| local to you, even by piggybacking multiple connections across the |
| country and back to mask your actions. In any area there is a limited |
| number of people both capable of and motivated to hack. |
| When the local security gurus hear that a hacker is on the loose, |
| they will immediately check their mental list of people who fit the |
| profile. They are in an excellent position to monitor their own network. |
| Expect them to do so. |
|
|
| I now return to my narrative. |
|
|
| Almost simultaneous with my activities, the Computer Emergency Response |
| Team was formed in the wake of the Morris Worm, and was met with an |
| almost palpable lack of computer crime worth prosecuting. |
| They began issuing grimly-worded advisories about the ghastly horrors |
| lurking about the Internet, and warned of such dangerous events as |
| the WANK (Worms Against Nuclear Killers) worm, which displayed |
| an anti-nuclear message when a user logged on to an infected |
| machine. |
|
|
| To read the newspaper article concerning Dale and me, a person who |
| collects guest accounts is, if not Public Enemy Number One, at least |
| a major felon who can only be thwarted by the combined efforts of |
| a major university's police division, two computer science departments, |
| and Air Force Intelligence, which directly funds CERT. |
|
|
| Matt Crawford, at the University of Chicago, notified CERT of my |
| intrusions into their computer systems. The slow machinery |
| of justice began to creak laboriously into motion. As I had |
| taken very few precautions, they found me within two weeks. |
|
|
| As it happens, both the Penn State and University of Chicago |
| systems managers had publicly boasted about the impenetrability of |
| their systems, and perhaps this contributed to their rancor at discovering |
| that the nefarious computer criminal they had apprehended was a |
| Comparative Literature major who had failed his only computer science |
| course. |
|
|
|
|
| IV. In the Belly of the Beast |
|
|
| When we arrived at the police station, the police left me in a room |
| alone for approximately half an hour. My first response was to check |
| the door of the room. It was unlocked. I checked the barred |
| window, which was locked, but could be an escape if necessary. |
| Then, with nothing to do, I considered my options. I considered |
| getting up and leaving, and saying that I had nothing to discuss |
| with them. This was a sensible option at the outset, I thought, |
| but certainly not sensible now. This was a repetition of |
| a mistake; I could have stopped talking to them at any time. |
|
|
| Finally, I assumed the lotus position on the table in order to collect my |
| thoughts. When I had almost collected my thoughts, Anne Rego and Sam |
| Ricciotti returned to the room, accompanied by two men I took to be criminals |
| at first glance: a scruffy, corpulent, bearded man I mentally tagged as a |
| public indecency charge; and a young man with the pale and flaccid ill-health |
| of a veal calf, perhaps a shoplifter. However, the pair was Professor Robert |
| Owens of the computer science department and Daniel Ehrlich, Owens' student |
| flunky. |
|
|
| Professor Owens sent Ehrlich out of the room on some trivial |
| errand. Ricciotti began the grilling. First, he requested |
| that I sign a document waiving my Miranda rights. He explained that it |
| was as much for my benefit as for theirs. I laughed out loud. However, |
| I thought that as I had done nothing wrong, I should have no fear of |
| talking to them, and I signed the fatal document. |
|
|
| I assumed that what I was going to say would be taken at |
| face value, and that my innocence was invulnerable armor. |
| Certainly I had made a mistake, but this could be explained, could it |
| not? Despite my avowed radical politics, my fear of authority was |
| surpassed by a trust for apparent sincerity. |
|
|
| As they say, a con's the easiest mark there is. |
|
|
| I readily admitted to collecting guest accounts, as I found nothing |
| culpable in using a guest account, my reasoning being that if a public |
| building had not only been unlocked, but also a door in that |
| building had been clearly marked as for a "Guest," and that door opened |
| readily, then no one would have the gall to arrest someone for trespass, even |
| if other, untouched parts of the building were marked |
| "No Visitors." Using a 'guest' account is no more computer crime than |
| using a restroom in a McDonald's is breaking-and-entering. |
|
|
| Ricciotti continued grilling me, and I gave him further information. |
| I fell prey to the temptation to explain to him what he clearly did |
| not understand. If you are ever in a similar circumstance, do not do |
| so. The opaque ignorance of a police officer is, like a well- |
| constructed security system, a very tempting challenge to a hacker. |
| However, unlike the security system, the ignorance of a police |
| officer is uncrackable. |
|
|
| If you attempt to explain the Internet to a police officer investigating |
| you for a crime, and the notion of leased WATS lines seems |
| a simple place to start, it will be seen as evidence of some vast, |
| bizarre conspiracy. The gleam in the cop's eye is not one of |
| comprehension; it is merely the external evidence that a power fantasy |
| is running in the cop's brain. "I," the cop thinks, "will definitely be |
| Cop of the Year! I'm going to find out more about this Internet thing |
| and bust the people responsible." |
|
|
| Perhaps you will be lucky or unlucky enough to be busted by a cop |
| who has some understanding of technical issues. Never having been |
| busted by a computer-literate cop, I have no opinion as to whether |
| this would be preferable. However, having met more cops than I care to |
| remember, I can tell you that the chances are slim that you will meet a cop |
| capable of tying shoelaces in the morning. The chances of meeting a cop |
| capable of understanding the Internet are nearly nonexistent. |
|
|
| Apparently, this is changing, but by no means as rapidly |
| as the volatile telecommunications scene. At present, the cop who busts |
| you might have a Mac hooked up to NCIC and be able to use it clumsily; |
| or may be able to cope with the user interface of a BBS, but don't |
| bother trying to explain anything if the cop doesn't understand you. |
|
|
| If the cop understands you, you have no need to explain; if not, you |
| are wasting your time. In either case, you are giving the police the |
| rope they need to hang you. |
|
|
| You have nothing to gain by talking to the police. If you are not under |
| arrest, they can do nothing to you if you refuse to speak to them. If you |
| must speak to them, insist on having an attorney present. As edifying as it |
| is to get a first-hand glimpse of the entrenched ignorance of the law- |
| enforcement community, this is one area of knowledge where book-learning is |
| far preferable to hands-on experience. Trust me on this one. |
|
|
| If you do hack, do not use your personal computing equipment and |
| do not do it from your home. To do so is to invite them to confiscate every |
| electronic item in your house from your telephone to your microwave. Expert |
| witnesses are willing to testify that anything taken could be used for illegal |
| purposes, and they will be correct. |
|
|
| Regardless of what they may say, police have no authority to offer |
| you anything for your cooperation; they have the power to tell the |
| magistrate and judge that you cooperated. This and fifty cents will |
| get you a cup of coffee. |
|
|
| Eventually, the session turned into an informal debate with Professor |
| Owens, who showed an uncanny facility for specious argument and |
| proof by rephrasing and repeating. The usual argument ensued, |
| and I will encapsulate rather than include it in its entirety. |
|
|
| "If a bike wasn't locked up, would that mean it was right to steal it or |
| take it for a joyride?" |
|
|
| "That argument would hold if a computer were a bike; and if the bike |
| weren't returned when I was done with it; and if, in fact, the bike |
| hadn't been in the same damn place the whole time you assert it was |
| stolen." |
|
|
| "How do you justify stealing the private information of others?" |
|
|
| "For one thing, I didn't look at anyone's private information. |
| In addition, I find the idea of stealing information so grotesque |
| as to be absurd. By the way, how do you justify working for Penn State, an |
| institution that condoned the illegal sale of the Social Security |
| Numbers of its students?" |
|
|
| "Do you realize what you did is a crime?" interjected Ricciotti. |
|
|
| "No, I do not, and after reading this law you've shown me, I still |
| do not believe that what I did violates this law. Beyond that, what |
| happened to presumed innocent until proven guilty?" |
|
|
| The discussion continued in a predictable vein for about two hours, |
| when we adjourned until the next day. Sam sternly advised me that as |
| this was a criminal investigation in progress, I was not to tell |
| anyone anything about it. So, naturally, I immediately told |
| everyone I knew everything I knew about it. |
|
|
| With a rapidly mounting paranoia, I left the grim, cheerless |
| interrogation room and walked into the bustle of an autumn day |
| at Penn State, feeling strangely separate from the crowd around |
| me, as if I had been branded with a scarlet 'H.' |
|
|
| I took a circuitous route, often doubling back on myself, to detect |
| tails, and when I was sure I wasn't being followed, I headed straight |
| for a phone booth to call the Electronic Music Lab. |
|
|
| The phone on the other end was busy. This could only mean one thing, |
| that Dale was online. His only crime was that he borrowed an |
| account from the legitimate user, and used the Huang account |
| at the Engineering Computer Lab, but I realized after my discussion |
| with the police that they would certainly not see the matter as |
| I did. |
|
|
| I realized that the situation had the possibility to erupt into |
| a very ugly legal melee. Even before Operation Sun-Devil, I realized |
| that cops have a fondness for tagging anything a conspiracy |
| if they feel it will garner headlines. I rushed to the Lab. |
|
|
|
|
| V. A Desperate Conference |
|
|
| "Get off the computer now! I've been busted!" |
|
|
| "This had better not be a goddamn joke." |
|
|
| He rapidly disconnected from his session and turned off the computer. |
| We began to weigh options. We tried to figure out the worst thing they |
| could do to me. Shortly, we had a list of possibilities. The police |
| could jail me, which seemed unlikely. The police could simply forget |
| about the whole thing, which seemed very unlikely. Anything between |
| those two poles was possible. Anything could happen, and as I was |
| to find, anything would. We planned believing that it was only |
| I who was in jeopardy. |
|
|
| If you are ever busted, you will witness the remarkable migration |
| habits of the fair-weather friend. People who yesterday had |
| nothing better to do than sit around and drink your wine will |
| suddenly have pressing duties elsewhere. |
|
|
| If you are lucky, perhaps half a dozen people will consent to speak |
| to you. If you are very lucky, three of them will be willing to be |
| seen with you in public. |
|
|
| Very shortly the police would begin going after everyone I knew for no other |
| reason than that they knew me. I was very soon to be given yet another of the |
| blessings accorded to those in whom the authorities develop an interest. |
|
|
| I would discover my true friends. |
|
|
| I needed them. |
|
|
|
|
| VI. The Second Interrogation |
|
|
| I agreed to come in for a second interview. |
|
|
| At this interview, I was greeted by two new cops. The first cop, |
| with the face of an unsuccessful pugilist, was Jeffery Jones. |
| I detested him on sight. |
|
|
| The second, older cop, with brown hair and a mustache, was Wayne |
| Weaver, and had an affable, but stern demeanor, somewhat reminiscent |
| of a police officer in a fifties family sitcom. |
|
|
| As witness to this drama, a battered tape recorder sat between us |
| on the wooden table. In my blithe naivete, I once again waived |
| my Miranda rights, this time on tape. |
|
|
| The interview began with a deranged series of accusations by Jeffery |
| Jones, in which were combined impossibilities, implausibilities, |
| inaccuracies and incongruities. He accused me of everything |
| from international espionage to electronic funds transfer. Shortly |
| he exhausted his vocabulary with a particularly difficult |
| two-syllable word and lapsed into silence. |
|
|
| Wayne filled the silence with a soft-spoken inquiry, seemingly |
| irrelevant to the preceding harangue. I answered, and we began |
| a more sane dialogue. |
|
|
| Jeffery Jones remained mostly silent. He twiddled his thumbs, studied |
| the intricacies of his watch, and investigated the gum stuck under the table. |
| Occasionally he would respond to a factual statement by rapidly turning, |
| pounding the table with his fists and shouting: "We know you're lying!" |
|
|
| Finally, after one of Jeffery's outbursts, I offered to terminate the |
| interview if this silliness were to continue. After a brief consultation |
| with Wayne, we reached an agreement of sorts and Jeff returned to a dumb, |
| stony silence. |
|
|
| I was convinced that Wayne and Jeff were pulling the good cop/bad cop |
| routine, having seen the mandatory five thousand hours of cop shows the |
| Nielsen people attribute to the average American. This was, I thought, |
| standard Mutt and Jeff. I was to change my opinion. This was not good |
| cop/bad cop. It was smart cop/dumb cop. And, more frighteningly, it |
| was no act. |
|
|
| After some more or less idle banter, and a repetition of my previous |
| story, and a repetition of my refusal to answer certain other questions, |
| the interrogation began to turn ugly. |
|
|
| Frustrated by my refusal to answer, he suddenly announced that he knew |
| I was involved in a conspiracy, and made an offer to go easy on me if |
| I would tell him who else was involved in the conspiracy. |
|
|
| I refused point-blank, and said that it was despicable of him to |
| request that I do any such thing. He began to apply pressure and |
| I will provide a reconstruction of the conversation. As the police |
| have refused all requests by me to receive transcripts of interviews, |
| evidence and information regarding the case, I am forced to rely on |
| memory. |
|
|
| "These people are criminals. You'd be doing the country a service |
| by giving us their names." |
|
|
| "What people are criminals? I don't know any criminals." |
|
|
| "Don't give me that. We just want their names. We won't do |
| anything except ask them for information." |
|
|
| "Yeah, sure. Like I said, I don't know any criminals. I'm not a criminal, |
| and I won't turn in anyone for your little witch-hunt, because I don't |
| know any criminals, and I'd be lying if I gave you any names." |
|
|
| "You're not going to protect anyone. We'll get them anyway." |
|
|
| "If you're going to get them, you don't need my help." |
|
|
| "We won't tell anyone that you told them about us." |
|
|
| "Fuck that. I'll know I did it. How does that affect the morality |
| of it, anyway?" |
|
|
| Dropping the moral argument, he went to the emotional argument: |
|
|
| "If you help us, we'll help you. When you won't help us, you |
| stand alone. Those people don't care about you, anyway." |
|
|
| "What people? I don't know any people." |
|
|
| "Just people who could help us with our investigation. It doesn't |
| mean that they're criminals." |
|
|
| "I don't know anything about any criminals I said." |
|
|
| "In fact, one of your friends turned you in. Why should you take |
| this high moral ground when you're a criminal anyway, and they'd |
| do the same thing to you if they were in the situation you're in. |
| You just have us now, and if you won't stand with us, you stand |
| alone." |
|
|
| "I don't have any names. And no one I knew turned me in." |
|
|
| This tactic, transparent as it was, instilled a worm of doubt in my mind. |
| That was its purpose. |
|
|
| This is the purpose of any of the blandishments, threats and lies |
| that the police will tell you in order to get names from you. They |
| will attempt to make it appear as if you will not be harming the |
| people you tell them about. Having been told that hackers are just |
| adolescent pranksters who will crack like eggs at the slightest |
| pressure and cough up a speech of tearful remorse and hundreds of |
| names, they will be astonished at your failure to give them names. |
|
|
| I will here insert a statement of ethics, rather than the merely |
| practical advice which I have heretofore given. If you crack at the |
| slightest pressure, don't even bother playing cyberpunk. If |
| your shiny new gadget with a Motorola 68040 chip and gee-whiz |
| lightning Weitek math co-processor is more important to you than |
| the lives of your friends, and you'd turn in your own grandmother |
| rather than have it confiscated, please fuck off. The computer underground |
| does not need you and your lame calling-card and access code rip-offs. |
| Grow up and get a job at IBM doing the same thing a million |
| other people just like you are doing, buy the same car a million |
| other people just like you have, and go to live in the same suburb |
| that a million other people like you call home, and die quietly at |
| an old age in Florida. Don't go down squealing like a pig, |
| deliberately and knowingly taking everyone you know with you. |
|
|
| If you run the thought-experiment of imagining yourself in this |
| situation, and wondering what you would do, and this description |
| seems very much like what meets you in the bathroom mirror, please |
| stop hacking now. |
|
|
| However, if you feel you must turn someone in to satisfy the cops, |
| I can only give the advice William S. Burroughs gives in _Junky_ |
| to those in a similar situation: give them names they already have, without |
| any accompanying information; give them the names of people who have left the |
| country permanently. Be warned, however, that giving false information to the |
| police is a crime; stick to true, but entirely useless information. |
|
|
| Now, for those who do not swallow the moral argument for not finking, |
| I offer a practical argument. If you tell the police about |
| others you know who have committed crimes, you have admitted |
| your association with criminals, bolstering their case |
| against you. You have also added an additional charge against |
| yourself, that of conspiracy. You have fucked over the very |
| friends you will sorely need for support in the near future, |
| because the investigation will drag on for months, leaving your life |
| in a shambles. You will need friends, and if you have sent |
| them all up the river, you will have none. Worse, you will |
| deserve it. You have confessed to the very crimes you |
| are denying, making it difficult for you to stop giving them |
| names if you have second thoughts. They have the goods on you. |
|
|
| In addition, any offers they make if you will give them names are legally |
| invalid and non-binding. They can't do jack-shit for you and wouldn't if they |
| could. The cop mind is still a human mind, and there is nothing more |
| despicable to the human mind than a traitor. |
|
|
| Do not allow yourself to become something that you can not tolerate being. |
| Like Judas, the traitor commits suicide both figuratively and literally. |
|
|
| I now retire from the soapbox and return to the confessional. |
|
|
| My motives were pure and my conscience was clean. With a sense |
| of self-righteousness unbecoming in a person my age, I assumed that |
| my integrity was invulnerability, and that my refusal to give them |
| any names was going to prevent them from fucking over my friends. |
|
|
| I had neglected to protect my email. I had not encrypted my |
| communications. I had not carefully deleted any incriminating |
| information from my disks, and because of this I am as guilty |
| as the people who blithely rat out their friends. I damaged |
| the lives of a number of people by my carelessness, a number of |
| people who had more at stake than I had, and all my good intentions |
| were not worth a damn. I had one encrypted file, that a list |
| of compromised systems and account names, and that was DES encrypted |
| with a six-character alphanumeric. |
|
|
| As I revelled in my self-righteousness, Dan Ehrlich and Robert Owens |
| arrived with a two-foot high pile of hardcopy on which was printed |
| every file on my PSUVM accounts, including at least a year of email |
| and all my posts to the net, including those in groups such as |
| alt.drugs, and articles by other people. |
|
|
| Wayne assumed that any item on the list, even saved posts from other |
| people, was something that had been sent to me personally by its |
| author, and that these people were, thus, involved in some vast conspiracy. |
| While keeping the printed email out of my sight, he began listing |
| names and asking me for information about that person. I answered, |
| for every person, that I knew nothing about that person except what |
| they knew. He asked such questions as "What is Emily Postnews' |
| real name, and how is she involved in the conspiracy?" |
|
|
| Ehrlich and Owens had conveniently disappeared, so I couldn't expect them to |
| explain the situation to Wayne; and had, myself, given up any attempt to |
| explain, realizing that anything I said would simply reinforce the cops' |
| paranoid conspiracy theories. By then, I was refusing to answer practically |
| every question put to me, and finally realized I was outgunned. When I had |
| arrived, I was puffed up with bravado and certain that I could talk my way out |
| of this awful situation. Having made rather a hash of it as a hacker, I |
| resorted to my old standby, my tongue, with which I had been able |
| to escape any previous situation. However, not only had I not talked |
| my way out of being busted, I had talked my way further into it. |
|
|
| If you believe, from years of experience at social engineering, |
| that you will be able to talk your way out of being busted, I wish |
| you luck; but don't expect it to happen. If you talk with the police, and |
| you are not under arrest at the time, expect that one or two of |
| your sentences will be able to be taken out of context and used |
| as a justification for issuing an arrest warrant. If you talk with |
| the police and you are under arrest, the Miranda statement: "Anything |
| you say can and will be held against you in a court of law," is perhaps |
| the only true statement in that litany of lies. |
|
|
| In any case, my bravado had collapsed. I still pointedly |
| called the cops "Wayne" and "Jeff," but otherwise, resorted to |
| repeating mechanically that I knew nothing about nothing. |
|
|
| Owens and Ehrlich returned, and announced that they had discovered |
| an encrypted file on my account, called holy.nodes. I bitterly regretted |
| the flippant name, and the arrogance of keeping such a file. |
|
|
| If you must have an encrypted list of passwords and accounts |
| sitting around, at least give it a name that makes it seem like some |
| sort of executable, so that you have plausible deniability. |
|
|
| They assured me that they could decrypt it within six hours on a |
| Cray Y-MP to which they had access. I knew that the Computer Science |
| Department had access to a Cray at the John von Neuman Computer Center. |
| I made a brief attempt to calculate the rate of brute-force password |
| cracking on a Cray and couldn't do it in my head. However, as |
| the password was only six alphanumeric characters, I realized that it |
| was quite possible that it could be cracked. I believe now that |
| I should have called their bluff, but I gave them the key, yet another |
| in a series of stupid moves. |
|
|
| Shortly, they had a list of computer sites, accounts and passwords, |
| and Wayne began grilling me on those. Owens was livid when he noted |
| that a machine at Lawrence-Berkeley Labs, shasta.lbl.gov, was in the |
| list. This was when my trouble started. |
|
|
| You might recall that Lawrence-Berkeley Labs figures prominently in |
| Clifford Stoll's book _The Cuckoo's Egg_. The Chaos Computer |
| Club had cracked a site there in the mistaken belief that it was Lawrence- |
| Livermore. As it happens, I had merely noticed a guest account there, |
| logged in and done nothing further. Of course, this was too |
| simple an explanation for a cop to believe it. |
|
|
| Owens had given the police a tiny bit of evidence to support the |
| bizarre structure of conspiracy theories they had built; and a paranoid |
| delusion, once validated in even the most inconsequential manner, becomes |
| unshakably firm. |
|
|
| Wayne returned to the interrogation with renewed vigor. I continued |
| giving answers to the effect that I knew nothing. He came to the name of |
| Raymond Gary [*], who had generously allowed me to use an old account on |
| PSUVM, that of a friend of his who had left the area. I attempted to assure |
| them of his innocence. This was another bad move. |
|
|
| It was a bad move because this immediately reinforces the conspiracy |
| theory, and the cops wish to have more information on that |
| person. I obfuscated, and returned to the habit of repeating: "Not to |
| the best of my recollection," as if I were in the Watergate hearings. |
|
|
| Another name surfaced, that of a person who had allowed me to use his |
| account because our respective machines could not manage a tolerable |
| talk connection. This person, without his knowledge, joined the |
| conspiracy. Once again, I foolishly tried to explain the situation. |
| This simply made it worse, as the cop did not understand a word |
| I was saying; and Owens was incapable of appreciating the difference |
| between violating the letter of the law and the spirit of the law. |
|
|
| Wayne repeatedly asked about my overseas friends, informed me that he knew |
| there were foreign governments involved, again told me that a friend of mine |
| had informed on me. I was told lies so outrageous that I hesitate to put them |
| on paper. I denied everything. |
|
|
| I made another lengthy attempt at explanation, trying to defuse the conspiracy |
| theory, and gave a speech on the difference between breaking into someone's |
| house and ripping off everything there, voyeuristically spying on people, and |
| temporarily borrowing an account simply to talk to someone because a network |
| link was not working. I made an analogy between this and asking |
| someone who is driving a corporate vehicle to give a jump to a |
| disabled vehicle, and tried to explain that this was certainly not |
| the same as if the authorized user of the corporate vehicle had simply |
| handed a passerby the keys. I again attempted to explain the Internet, leased |
| lines, the difference between FTP and mail, why everyone on the Internet |
| allowed anyone else to transfer files from, to and through their machines, and |
| once again failed to explain anything. |
|
|
| Directly following this tirade, delivered almost at a shout, Wayne |
| leaned over the desk and asked me: "Who's Bubba?" |
|
|
| This was too much to tolerate. My ability to take the situation |
| seriously, already very shaky, simply vanished in the face of |
| this absurdity. I lost it entirely. I laughed hysterically. |
|
|
| I asked, my anger finally getting the better of my amusement: "What the |
| fuck kind of question is that?" |
|
|
| He repeated the question, not appreciating the humor inherent in |
| this absurd contretemps; I was beyond trying to maintain the appearance |
| of solemnity. Everything, the battered table, the primitive |
| tape recorder, the stony-faced cops, the overweight computer security |
| guys, seemed entirely empty of meaning. I could no longer accept as real that |
| I was in this dim room with a person asking me the question: "Who's Bubba?" |
|
|
| I said: "I have no idea. You tell me." |
|
|
| Finally, Wayne came to Dale's name. Dale did not use his last name |
| in any of the email he had sent to me, and I hoped that his name |
| was not in any file on any machine anywhere. I recovered some of |
| my equilibrium, and refused to answer. |
|
|
| A number of references to "lab supplies" were made in the email, and |
| I was questioned as to the meaning of this phrase. I answered that |
| it simply meant quarter-inch reels of tape for music. They refused |
| to accept this explanation, and accused me of running a drug ring over |
| the computer network. |
|
|
| Veiled threats, repetitions of the question, rephrasings of it, |
| assurances that they were going to get everyone anyway, and similar |
| cop routines followed. |
|
|
| Finally, having had altogether too much of this nonsense, I |
| said: "This interview's over. I'm leaving." As simply as that, |
| and as quickly, I got up and left. I wish I could say that I did |
| not look back, but I did glance over my shoulder as I left. |
|
|
| "We'll be in touch," said Wayne. |
|
|
| "Yeah, sure," I said. |
|
|
|
|
| VII. Thirty Pieces of Silver |
|
|
| I informed Dale of the ominous turn in the investigation, and |
| told him that the cops were now looking for him. From a sort of fatalistic |
| curiosity, we logged into Shamir's account to watch the activities |
| of the computer security guys, and to confer with some of their |
| associates to find out what their motivations might be. We had |
| decided that the possibility of a wiretap was slim, and that if |
| there were a wiretap, we were doomed anyway, so what the hell? |
|
|
| There is no conclusive evidence that there was a wiretap, but |
| the police would not have needed a warrant to tap university |
| phones, as they are on a private branch exchange, which does |
| not qualify for legal protection. In addition, one bit of |
| circumstantial evidence strikes me as indicative of the possibility |
| of a wiretap, that being that when Dale called Shamir to explain |
| the situation, and left a message in his voice mail box, the |
| message directly following Dale's was from Wayne. |
|
|
| We frequented the library, researching every book dealing with the subject of |
| computer crime, reading the Pennsylvania State Criminal Code, photocopying and |
| transcribing important texts, and compiling a disk of information relevant to |
| the case, including any information that someone "on the outside" would need |
| to know if we were jailed. |
|
|
| I badly sprained my ankle in this period, but walked on it for three |
| miles, and it was not until later in the night that I even realized |
| there was anything wrong with it, so preoccupied was I by the bizarre |
| situation in which I was embroiled. In addition, an ice storm developed, |
| leaving a thin layer of ice over sidewalks, roads and the skeletal |
| trees and bushes. I must have seemed a ridiculous figure hobbling |
| across the ice on a cane, looking over my shoulder every few seconds; |
| and attempting to appear casual whenever a police car passed. |
|
|
| It seemed that wherever I went, there was a police car which slowed |
| to my pace, and it always seemed that people were watching me. I |
| tried to convince myself that this was paranoia, that not everyone |
| could be following me, but the feeling continued to intensify, and |
| I realized that I had adopted the mentality of the cops, |
| that we were, essentially, part of the same societal process; symbiotic |
| and necessary to each other's existence. The term 'paranoia' had no |
| meaning when applied to this situation; as there were, indeed, people |
| out to get me; people who were equally convinced that I was out to |
| get them. |
|
|
| I resolved to accept the situation, and abide by its unspoken rules. |
| As vast as the texts are which support the law, there is another |
| entity, The Law, which is infinite and can not be explained in |
| any number of words, codes or legislation. |
|
|
| Dale and I painstakingly weighed our options. |
|
|
| Finally, Dale decided that he was going to contact the police, and |
| called a friend of his in the police department to ask for assistance |
| in doing so, Stan Marks [*], who was also an electronic musician. |
| On occasion, Stan would visit us in the Lab, turning off his walkie- |
| talkie to avoid the irritation of the numerous trivial assignments |
| which comprise the day-to-day life of the university cop. |
| After conferring with Stan, he decided simply to call Wayne and |
| Jeff on the phone to arrange an interview. |
|
|
| I felt like shit. The repercussions of my actions were spreading |
| like ripples on a pond, and were to disrupt the lives of several of |
| my dearest friends. At the same time, I was enraged. How |
| dare they do this? What had I done that warranted this torturous |
| and ridiculous investigation? Wasn't this investigation enough of |
| a punishment just in and of itself? |
|
|
| I wondered how many more innocent people would have to be fucked |
| over before the police would be satisfied, and wondered how many |
| innocent people, every day, are similarly fucked over in other |
| investigations. How many would it take to satisfy the cops? |
| The answer is, simply, every living person. |
|
|
| If you believe that your past, however lily-white, would withstand |
| the scrutiny of an investigation of several months' duration, with |
| every document and communication subjected to minute investigation, |
| you are deluding yourself. To the law-enforcement mentality, there |
| are no innocent people. There are only undiscovered criminals. |
|
|
| Only if we are all jailed, cops and criminals alike, will the machinery lie |
| dormant, to rust its way to gentle oblivion; and only then will the ruins be |
| left undisturbed for the puzzlement of future archaeologists. |
|
|
| With these thoughts, I waited as Dale went to the police station, |
| with the realization that I was a traitor by inaction, by having |
| allowed this to happen. |
|
|
| I was guilty, but this guilt was not a matter of law. My innocent |
| actions were those which were to be tried. |
|
|
| If you are ever busted, you will witness this curious inversion of |
| morality, as if by entering the world of cops you have walked |
| through a one-way mirror, in which your good actions are suddenly |
| and arbitrarily punished, and the evil you have done is rewarded. |
|
|
|
|
| VIII. Third and Fourth Interrogations |
|
|
| I waited anxiously for Dale to return from his meeting. He had |
| brought with him a professional tape recorder, in order to tape |
| the interview. The cops were rather upset by this turn |
| of events, but had no choice but to allow him to tape. While they |
| attempted to get their tape recorder to work, he offered to loan |
| them a pair of batteries, as theirs were dead. |
|
|
| The interrogation followed roughly the same twists and turns as |
| mine had, with more of an emphasis on the subject of "lab supplies." |
| Question followed question, and Dale insisted that his actions were innocent. |
|
|
| "Hell, if we'd have had a couple of nice women, none of this |
| would even have happened," he said. |
|
|
| When asked about the Huang account that Ron Gere had created for |
| him, he explained that Huang was a nom-de-plume, and certainly not |
| an alias for disguising crime. |
|
|
| The police persisted, and returned to the subject of "lab supplies", |
| and finally declared that they knew Dale and I were dealing in some |
| sort of contraband, but that they would be prepared to offer leniency |
| if he would give them names. Dale was adamant in his refusal. |
|
|
| Finally, they said that they wanted him to make a drug buy for |
| them. |
|
|
| "Well, you'll have to introduce me to someone, because I sure |
| don't know anyone who does that kind of stuff." |
|
|
| Eventually, they set an appointment with him to speak with Ron |
| Schreffler, the university cop in charge of undercover narcotics |
| investigations. |
|
|
| He called to reschedule the appointment a few days later, and then, |
| eventually, cancelled it entirely, saying: "I have nothing to talk |
| to him about." |
|
|
| Finally, they ceased following this tack, realizing that even in |
| Pennsylvania pursuing an entirely fruitless avenue of investigation |
| is seen very dimly by their superiors. The topic of "lab supplies" |
| was never mentioned again, and certainly not in the arrest warrant |
| affidavit, as we were obviously innocent of any wrongdoing in that |
| area. |
|
|
| Warning Dale not to leave the area, they terminated the interview. |
|
|
| Shortly thereafter, there was a fourth and final interview, with |
| Dale and I present. We discussed nothing of any significance, and |
| it was almost informal, as if we and the cops were cronies of some sort. |
| Only Jeffery Jones was excluded from this circle, as he was limited |
| largely to monosyllabic grunts and wild, paranoid accusations. We |
| discovered that Wayne Weaver was a twenty-three year veteran, and |
| it struck me that if I had met him in other circumstances I could |
| have found him quite likable. He was, if nothing else, a professional, |
| and acted in a professional manner even when he was beyond his |
| depth in the sea of information which Dale and I navigated with |
| ease. |
|
|
| I felt almost sympathetic toward him, and wondered how it was for |
| him to be involved in a case so complex and bizarre. I still failed |
| to realize why he was acting toward us as he was, and realized that |
| he, similarly, had no idea what to make of us, who must have seemed |
| to him like remorseless, arrogant criminals. Unlike my prejudiced |
| views of what a police officer should be, Wayne was a competent, |
| intelligent man doing the best he could in a situation beyond his |
| range of experience, and tried to behave in a conscientious manner. |
|
|
| I feel that Wayne was a good man, but that the very system |
| he upheld gave him no choice but to do evil, without realizing it. |
| I am frustrated still by the fact that no matter how much we could |
| discuss the situation, we could never understand each other in |
| fullness, because our world-views were so fundamentally different. |
| Unlike so many of the incompetent losers and petty sadists who |
| find police work a convenient alternative to criminality, Wayne |
| was that rarity, a good cop. |
|
|
| Still, without an understanding of the computer subculture, he could not but |
| see anything we might say to explain it to him as anything other than alien |
| and criminal, just as a prejudiced American finds a description of the customs |
| of some South Sea tribe shocking and bizarre. Until we realize what |
| underlying assumptions we share with the rest of society, we shall be |
| divided, subculture from culture, criminals from police. |
|
|
| The ultimate goal of the computer underground is to create the circumstances |
| which will underlie its own dissolution, to enable the total and free |
| dissemination of all information, and thus to destroy itself by becoming |
| mainstream. When everyone thinks nothing of doing in daylight what we are |
| forced to do under cover of darkness, then we shall have succeeded. |
|
|
| Until then, we can expect the Operation Sun-Devils to continue, |
| and the witch-hunts to extend to every corner of cyberspace. The |
| public at large still holds an ignorant dread of computers, having |
| experienced oppression by those who use computers as a tool of |
| secrecy and intrusion, having been told that they are being audited |
| by the IRS because of "some discrepancies in the computer," that |
| their paycheck has been delayed because "the computer's down," |
| that they can't receive their deceased spouse's life-insurance benefits |
| because "there's nothing about it in the computer." The computer |
| has become both omnipresent and omnipotent in the eyes of many, |
| is blamed by incompetent people for their own failure, is used |
| to justify appalling rip-offs by banks and other major social |
| institutions, and in addition is not understood at all by the |
| majority of the population, especially those over thirty, those |
| who comprise both the law-enforcement mentality and aging hippies, |
| both deeply distrustful of anything new. |
|
|
| It is thus that such a paradox would exist as a hacker, and if |
| we are to be successful, we must be very careful to understand |
| the difference between secrecy and privacy. We must understand |
| the difference between freedom of information and freedom from |
| intrusion. We must understand the difference between invading |
| the inner sanctum of oppression and voyeurism, and realize that |
| even in our finest hours we too are fallible, and that in |
| negotiating these finely-hued gray areas, we are liable to |
| lose our path and take a fall. |
|
|
| In this struggle, we can not allow a justifiable anger to become |
| hatred. We can not allow skepticism to become nihilism. We can |
| not allow ourselves to harm innocents. In adopting the |
| intrusive tactics of the oppressors, we must not allow ourselves |
| to perform the same actions that we detest in others. |
|
|
| Perhaps most importantly, we must use computers as tools to serve |
| humanity, and not allow humans to serve computers. For the |
| non-living to serve the purposes of the living is a good and |
| necessary thing, but for the living to serve the purposes of |
| the non-living is an abomination. |
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