The RIPCO BBS, one of the older BBSes still in existence, is closed and seized by the FBI.
On May 8th I was awakened at my
home at 6:30a m by several Secret Service agents with a warrant for
computers and telecommunications equipment. They also had a second warrant
issued to the address where Ripco operated out of. Although there are
better ways to start the day, this did not come as a real surprise to me.
Since 1987 when Shadow Hawk made the papers with his $2.3 million software
theft charges it occured to me that as more and more people are caught, if
they even were remotly connected to Ripco, eventually something would turn
up on my end. This could be considered the reasoning of a mad man but I
have always felt that there was no illegal activity going on within the
system and could defend it no matter how petty it was taken apart. To put
it another way, Ripco's bark had a hell of a reputation but no bite.
This was probably and still is true depending how you look at it. The
warrants issued were only (!?!) seizure warrants issued to the addresses.
There were no names on them and I was not arrested or charged by the Secret
Service. This provided me some relief but since I didn't get to sleep till
4am that morning it was probably a lack of reasoning on my part.
There were at least 5 agents that came to the house, but I think they had a
few more around back in case of an escape attempt. Three of them stayed
while two others drove me to the other location. The only question they
asked before I left was it would be easier if I gave the location of any
computers I had there to which the reply was 'none.' This later proved true
since no items were taken, but they did spend about an hour looking through
everything.
I wish to point out that this was not a scene that would make good
television. They didn't break down any doors, no one I observed had a gun
drawn and overall they were pleasant in their mannerisms. This is not being
said in defense of them but I always have been curious about the stories
passed around where swat teams come down on a 16 year old for running a few
MCI numbers. One interesting side note to you electronic phreaks out there
is their radios, which probably use Motorolas digital voice protection
circuitry trip every car alarm in the neighborhood when keyed. Several of
the agents said this was normal and wished they didn't have this side
effect.
As I traveled with the agents to the other location I started to think what
they were about to see and if anything was there that needed a fast
explanation. The only thing that occured to me was three handguns I kept
for personal protection. I informed the driver of this fact and he radioed
ahead to let them know. He said matters like that isn't their concern but
added they have to check with local law enforcement to see if I was in
violation of city or state laws.
When we arrived there was a sizable crowd waiting. Besides 5 or 6 more SS
agents, there were a few others in suit and tie (the SS dresses casual) and
at least one Chicago police car with a couple officers. The agents that
escorted me there led me to a woman probably in her mid or late 20's. She
apparently was the one in charge and gave me instructions on how we were
going to enter the building. Before unlocking the front door she asked
several times if any boobytraps were set either for them or the computers.
I found this questioning amusing but was the only one smiling of the group.
Unlocking the front door led to questions about where the guns were located
and instructions on how to find them. I brought up the fact the alarm
system had to be turned off and after a few attempts she managed to
deactivate it. A different agent was sent in and recovered the weapons.
As we entered the main room I was told not to touch anything but to point
out the computer the board was run off of, which I did. The woman then
introduced herself as Barbara and informed me of what I already knew, they
were there to carry out a warrant and that it would probably take a while.
She handed me a piece of paper which was the actual warrant and as I looked
it over, a paragraph stated it was issued based on an attached affidavit,
specifically pages 26-39 by a special agent Lawson. Asking where the
attached affidavit was brought the reply "it was a closed document, I
didn't have any rights to see it" and added 'its an on-going
investigation'. I was then informed by her that I was not under arrest nor
charged but they had to read the Miranda rights to me since any questions I
answered could be used against me. Another agent said they did have
questions but I did not have to answer them, could answer them with a
lawyer present or even have a lawyer present and not answer them. He also
pointed out that I could stop answering the questions at any time so I
figured I'd agree to answer them since there wasn't all that much to hide
anyway.
Although an attempt was made to get comfortable within the building, the
main area is full of junk collected over the years and the limited seating
made things a bit crowded. We eventually ended up out back outside where
the questioning took place. From this point on Barbara made few other
comments and the bulk of the questions were handled by another young agent
named Tim.
The questions started with an apology by Tim saying there was someone who
requested specific questions to be asked for a case study or something
along those lines. He said they were fairly simple but was required to ask
them. These questions were general in nature and read off a xerox sheet,
mostly a list of phrases that were looking for definitions. What is a
phreaker, hacker, know what a virus is, have you ever written or
distributed one, etc.
After this opening round of Q & A, he announced we were going on to more
specific questions involving myself and the bulletin board. I don't really
remember most of the questions but the subject dealt with my awareness that
both credit card and long distance access codes were being passed through
the system and what was on the hidden boards that normally wasn't part of
standard access, and who had access to them. My answer to these led into
the system maintenance and how I handled it.
As far as the question about the codes went, I replied no I was not aware
of that and he point out they had printouts proving they were. Of course it
crossed my mind that if they already had soild proof, why bother to ask the
questions. I wish to publicly state that this type of information was
posted from time to time but I did not lie to the question. Regular users
of the board were aware that long ago I made clear the system policy on
this matter. Long distance codes along with credit card information was not
allowed to exist on the system. I felt that any specific information left
that could lead to direct fraud was not welcome and would be removed and
persons who repeated violating this themselves would be removed from the
system also.
To clarify the phrase 'specific information' to the readers of this file I
wish to explain my position on how I considered board policy on messages.
It is no secret that many of the posts of board 5 (fone phun) either
solicited for the need of or said they had and would share such
information. I never considered this wrongful for a number of reasons. The
primary one would be most people on there were blowing smoke as far as
really knowing anything either fraudulent or important. Few people outside
the bbs community realize that in many areas both status and ego are
wrongfully important factors to others within the modem society. Many
people who wish to raise their status will often come up with outlandish
claims in an attempt to convince others he or she is an expert on one
matter or another.
Any attempt to suppress this act I felt would of damaged Ripco's open door
policy since people do have to start somewhere and eventually learn their
peers will catch on fast if someone is pulling a bluff. Thus this type of
activity was tolerated but the line was crossed if anyone attempted to
really do it. For example if a message contained something like 'just dial
1-800-555-1212 and punch in 123456 at the tone', the entire message was
removed or in more cases re-edited especially if other parts were about
non-related matters.
Returning to the questioning, the above was explained as such but not as a
whole. If in fact they did have printouts of such activity, I suggested an
explanation which covered the maintenance aspect of the board. Basically
Ripco operated itself with my chores limited to validating new users and
updating the general files. Once every morning the messages left since my
last check-in were read. The removal/re-edit if needed was applied at this
time. Considering this occured daily around noon, a message posted let's
say at 3:00pm the preceding day was in existence for nearly 21 hours
before it got my approval or disapproval. Thus I pointed out that in theory
they could have a printout of something but if checked the following day,
it should have been removed.
This was not second questioned by them and they seemed content with it. As
far as the hidden boards went, there were two as most of the system users
knew but were not really active. Board 9 to the best memory serves me was
completely non-existant. Although it was used in the past for various
things, after one of many hard drives crashes it bit the big one and was
not in service. The message file required to use it was not there and I
believe there was even a line in the program that reset the security bit of
people that did have access in the past so they couldn't accidently enter
causing a 'file not found' error. Board 10 was active but fewer than 6
people could claim to access it. Originally it was set up when an attempt
was made on my part to collect a few bucks to keep the system running back
in 1985. It contained few messages and would only gain 5 or 6 more a year.
Questioning from this point on was more broad in nature, jumping from
subject to subject. Items like the anarchy files which were made up in part
of bomb construction articles were deemed 'wrong' by them and I defended by
saying such information could be gathered from numerous public sources.
They still insisted it was 'wrong' and shouldn't have been made available.
One fact that arose well into our chat is that it became obvious that
besides Tim who seemed to know little besides a few buzzwords, none of
those here really had an understanding of computers or much else as far as
a technical background went. Another agent even admitted later that they
were only here to serve the warrant, as far as what was really going on
with the investigation and who or what was involved, they didn't know. Any
questions I attempted to ask them were generally not answered and the
ultimate question of 'why me?' was given the reply 'catch the evening news,
this is happening right now all over the country, should make some good
headlines.'
Even the simple question of what's next, where does the stuff end up needed
a short conference among them and they decided on the following: after its
boxed up downtown, it's shipped to Washington to a department called
'diagnostics'. Tim appeared to be the only one with knowledge of this
because one of the other agents asked him 'who runs that?'. Tim explained
to him that it was part of the SS and was started a couple years ago. The
other agent just shrugged his shoulders.
To put some people fears to rest, there wasn't much else going on. I
expected they were going to ask me about certain individuals or if I knew
anything else going on, but they didn't. Even subjects like PHRACK and the
LOD were only touched upon, no specific questions were asked or answered.
They seemed pleased to find a catalog printout of the general file section
with the PHRACK issues but considering anyone with a valid account had
access to the actual files, this didn't seem to make sense to me.
After a couple hours of this with many lulls in the questioning they asked
if I would sign a statement saying basically everything I said was true and
I did because it was. The only other thing they wanted in the statement was
that I was in fact the operator and did make an attempt to keep the board
clean on a daily basis. Makes me wonder now what that could be twisted into
later down the line.
In all they were here for about 6 hours. In that time I learned little on
what was going on. One of the agents said there were 2 representatives from
AT&T present but didn't know why, saying they just had instructions to pick
them up this morning before they came and got me. My gut feeling was the
code/credit card numbers that much of the conversation was based on.
Drawing to the end they informed me the warrant was completed, led me back
inside after taking a few snapshots of your truly and handed me a receipt
of what they took. Annoying in the first place them being there, the first
thing that caught my eye was both my personal Macintoshes were on the list
along with the related hardware including a 940 meg worm drive and laser
printer. Laser printer? Maybe if you could pick it up and throw it at
someone it could be considered a lethal weapon but what else? Ripco
operated on an Apple //e and had no connections to the macs besides being
near them which apparently is the way they determined what stayed and what
went.
My guess is that after examining the rats nest of wiring that existed around
the 3 computers, they figured anything plugged into the power strip must have
been tied in with each other somehow. An IBM 386 clone and an Apple //gs
sat on the floor only a couple feet away but were untouched. Other
items taken included a 1955 Western Electric model D500 phone, any personal
phone books including a copy of the Chicago White Pages and several
pictures and cartoons I had hanging on the wall. This also included a
picture of a hooker spread eagle from a bachelor party and a picture of
Charles Manson clipped from some tabloid because it bore a resemblance to
me. All disks if not in a sealed box (probably around 3000) were also
taken along with paperwork found in various areas. These items were only
listed as 'misc.' and not broken down on the receipt.
I was cut loose only momentarily since an officer from the Chicago Police
Department replaced the many people running in and out during the morning
hours. He asked if the guns turned over to him were registered with the
city, which they weren't because you can't, so I was charged with a
misdemeanor, failure to register a firearm. A slight explanation about
this: back when Jane Byrne was mayor, she wanted to outlaw handguns
altogether. Some suburbs of Chicago tried this and met with resistance from
the NRA and feared long court battles. So they offered an a grace period
to get people who already had them to register them, but at a cut off date,
handguns could no longer be registered. Thus anyone getting caught with a
handgun after this did not face an illegal weapons charge, only the failure
to register even though someone who registered prior is safe. It ends up
going to court, having the weapons destroyed and getting 6 months
supervision with no conviction on the books. This was the outcome of that
situation.
- Bruce Esquibel (Dr. Ripco) in Computer Underground Digest #1.27 (8/9/1990)