Article 2456 of comp.society.privacy:
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From: "Prof. L. P. Levine" <levine@blatz.cs.uwm.edu>
Newsgroups: comp.society.privacy
Subject: Community Nets Crackdown in Italy
Date: 16 May 1994 15:36:28 GMT
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 ---------- Forwarded message ----------
Date: 15 May 1994 11:46:49 -0700
From: Bernardo Parrella <berny@WELL.SF.CA.US>
To: Multiple recipients of list COMMUNET <COMMUNET@uvmvm.uvm.edu>
Subject: Community Nets Crackdown in Italy.

-I am sending again this posting-yesterday night bounced back-

On May 10-12 1994, the first nationwide crackdown on telecom nets was
operated by Italian police.

Acting after a warrant issued by a Prosecutor in Pesaro, about 60
Bullentin Board Systems throughout the country have been visited and
searched by police officials.

Dozens of people were formally accused of "distribution of illegally
copied software and appropriation of secret passwords" under the law
approved by Italian Parliament in January this year.

In several cases police officials didn't know what to search for, thus
seizing computers, floppy disks, modems along with electric outlets,
answering machines, audiotapes, personal effects.

The raids also hit private houses and belongings, and in some places
sleeping people were abruptly woken up facing machine guns.

After searching probably around one third of the entire network - that
includes more than 300 BBSes - police officials closed several Fidonet
nodes, but no arrests  were made.

A still inaccurate figure of people were charged with software piracy,
and dozens of computers and related devices were seized - along with
thousands of floppy disks, CD-Roms, W.O.R.M.S.

Moving after a suspected software piracy ring run by people involved in
a Fidonet node, the crackdown started in the night between May 10 and
11 in Milano, targeting in the two following days BBSes in Pesaro,
Modena, Bologna, Ancona, Pisa and other cities.

Fidonet Italia, member of the worldwide Fidonet network, is a
non-profit organization devoted to distribution of shareware and
freeware programs as well as to electronic forums on topics ranging
from technological to social issues.  An essential communication tool
for several groups and individuals throughout the country, Fidonet
Italia became an active multi-cultural vessel and distributor of
several different nodes dedicated to specific issues: Peacelink
(solidarity, human rights), Cybernet (cyberpunk), Ludonet (games),
Scoutnet, Amynet, and others.  For thousands of Italian people, Fidonet
BBSes today are invaluable tools of information-exchange, social
activism and professional activities.

The network policy strictly prohibits any distribution of illegally
copied software and fraudulent appropriation of secret passwords.
Also, Fidonet is one of the few International organizations which has
always stated and pursued a clear position against unauthorized copying
software.

At the moment, the raids seems to be motivated by accusations against
two people involved in a Pesaro-based BBS who were using Fidonet
contacts to allegedly distribute illegal copies of computer programs.

However, there are no reasons for such a vast law enforcement
operation.  Most likely the prosecutor acted simply on the basis of the
Fidonet telephone numbers list (publicly available) owned by the two
suspected of software piracy.  The vast majority of the people searched
don't have any kind of relationship with the suspected, and many of the
search warrants stated a generic "conspiracy with unknown" for the
crime of software piracy.

Particularly, the random and arbitrary seizures of floppy disks and
personal computers are completely unmotivated, because every BBS is a
completely independent structure and each sysop is running his/her own
hardware and software.

The seizures will resolve in a great economic loss for these people and
their professional activities will be surely affected from negative
publicity.  Some of them own small computer-related companies while
others are physicians, hobbyists, students who risk personal savings to
run their services.

Because police officials also seized electronic and paper archives
containing data and numbers of the people who logged onto Fidonet
nodes, it is evident that investigations are going even further - thus
violating the constitutional right to privacy.

The first result of this crackdown is that many Fidonet operators
decided to shut down immediately their systems all over the country,
fearing heavier police intrusions in both their public activities and
private lives.

While the Italian Parliament recently approved specific laws about
copyright and piracy of computer software, there are still no rules to
protect personal privacy in the electronic medium.  This legislative
void inevitably makes the sysop the only responsible person about
anything happens onto and around his/her own BBS.

Fidonet operators do not want and can not be the target of
undiscriminated raids that, forcing them to closing down their
activities, cause serious damages to themselves as well as to the
entire community.

In an article published Friday 13  by the newspaper "La Repubblica",
Alessandro Marescotti, Peacelink spokesperson, said: "Just when the
worldwide BBS scene is gaining general respect for its important role
at the community level, in Italy the law hits those networks that have
always been strongly against software piracy. Charging dozens of honest
operators with unmotivated accusations, the main goal of this crackdown
is directed against the social activities of small community nets -
thus clearing the space for commercial networking."

While terms and figures of the entire operation should still be
clarified, on Sunday 15 Fidonet Italia operators will meet in Bologna
to study any possible legal counter-action.



Article 2521 of comp.society.privacy:
Path: news.csos.orst.edu!flop.ENGR.ORST.EDU!reuter.cse.ogi.edu!uwm.edu!computer-privacy-request
From: "Prof. L. P. Levine" <levine@blatz.cs.uwm.edu>
Newsgroups: comp.society.privacy
Subject: Fidonet Crackdown in Italy - Follow-up
Date: 7 Jun 1994 01:40:19 GMT
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Fidonet Crackdown in Italy - Follow-up

      from: Bernardo Parrella <berny@well.sf.ca.us.>
      To: All
      Subject: Fidonet Crackdown in Italy - Follow-up
      Date: May 23, 1994

"The crackdown needed to be done, software piracy has become a National
sport in Italy. Unfortunately, the operation rapidly became too wide
for our forces: right now, here in Pesaro we are only three
Prosecutors, quite busy with criminal trials, in court all day long. We
will try to do our best with the less possible damage for the entire
community."

Here are the explanatory words of Gaetano Savoldelli Pedrocchi, the
Pesaro Prosecutor who is managing the investigations that last week led
to a nationwide crackdown on Fidonet Italia BBSes

During the operation - confidentially known as "Hardware 1" - more than
60 (some sources go up to 130) Bulletin Board Systems have been visited
and searched by police and custom officials.

In the central and northern part of the country, several Fidonet nodes
were closed and dozens of operators were charged of "conspiracy with
unknown for distribution of illegally copied software and appropriation
of secret passwords."

Some figures say the seizures included more than 120 computers, 300
streamer-cassettes and CD-ROMs, 60,000 floppy disks, an imprecise
number of modems and other electronic devices.

In some cases, police officials sealed off rooms and garages where the
BBSes were operated or closed all the hardware they found in a closet.
Several Fidonet operators (generally students, professionals,
small-company owners) lost their personal data because every magnetic
support was "suspected to carry pirated software".

Aimed to crack a distribution ring of illegal software run by two
people using the publicly available Fidonet nodelist, investigators
searched and seized every single site of the list - even those that had
never had any contact with the two suspected.

Also, many operators not inquired by police were forced to immediately
shut down their systems, searching for possible illegal software
covertly uploaded on their BBSes.

As a consequence of such indiscriminate operations, the real, very few
pirate boards had the chance to quickly hide their businesses - sources
say.

"I do not believe to this scenario," said the Pesaro Prosecutor in an
interview by SottoVoce Magazine. "We acted after precise information
about the activities of a specific data-bank: if some operators have
nothing to do with the charges, we'll verify it as soon as possible."

Questioned about further investigations agai nst BBSes users, the
Prosecutor said: "We'll see later....at the present, users can sleep
peacefully:  otherwise, I cannot imagine how many people should be
investigated. I do not want to criminalize the entire population. Even
if the inquiry has become so vast, this is not a subject of vital
importance for our country. It is mostly a fiscal and bureaucratic
issue, a matter of small-scale but spread illegality."

However, rumors say other inquires are currently underway in other
cities, and even the Criminalpol is working on similar issues.

Assisting the investigated people, some lawyers already asked for the
immediate return of the confiscated materials, while others suggested
to wait for better times. In any case, it will probably take months
(years?) before receiving official answers regarding the seizures.

Struggling to re-open in some  way their systems, Fidonet operators are
also working to get the attention of mainstream media on the issue -
with little success, so far. After an article published by La
Repubblica, two local newspapers, Il Mattino and Il Giornale di
Brescia, run brief reports on May 15, both centered on "a wide software
piracy ring cracked by police officials".

But the real activity is happening inside and around electronic
communities.

MC-Link, Galactica and especially Agora' Telematica (the biggest
Italian systems) are doing a great job, offering space for news,
opinions and comments -  also  acting as  conne ction  links between
the decimated net of BBSes and worried individuals scattered along the
country.

Here is just one example: "....police officials seized everything,
including three PCs (one broken), a couple of modem (just fixed for
some friends), floppies, phone cables, phone-books. Now Dark Moon is
down, hoping to have at least one line available in a few days, maybe
at 2400. I fear that more raids will soon follow elsewhere. So, please,
stay alert..."

A catching dynamism flourishes from the BBSes linked to Cybernet.
Although some of them are currently not operating, several special
issues of the Corriere Telematico were released over the net and their
printed voice, Decoder Magazine, will soon distribute news,
testimonies, comments on "Operation Hardware 1".

PeaceLink has set up a defense committee-news center in Taranto and its
spokesperson, Alessandro Marescotti, will sign an article for the next
issue of the weekly magazine Avvenimenti.

The news are arousing a vivid debate on Usenet (soc.culture.italian,
comp.org.eff.talk) and on The WELL (eff #584), and are also widespread
by Communet News, Computer Underground Digest, and Alice (Italy-based
mailing list on civic networking).

Promptly alerted, the International online community gave good response
- quickly redistributing the news over the Net (from the APC Networks
to Global Network Navigator) and sending supportive messages.

Here is an email from Michael Baker, Chairman of Electronic Frontiers
Australia: "To that end I am writing to offer assistance to anyone in
Italy who wants to set up such an organisation. Recently I (along with
others) have set up Electronic Frontiers Australia, and I am now its
Chairman. Other national EF groups have been, or are being, set up in
several other countries (Canada, Ireland, Norway, UK and Japan)....if
there is anything we can do to help, please ask."

Shifting toward politics, on May 19, the first working day o f th e new
Italian Cabinet, six Members of the Reformers group presented a written
question to the Ministers of Justice and Interior.

After a short introduction about telecom systems, the document gives an
account of the facts and asks three final questions to the Government:
"- if it will intend to open an investigation to verify if the raids
ordered by the Pesaro Prosecutor's office were  prej udicial to the
constitutionally guaranteed freedom of expression; - if it is not the
case to set up a better and greater team of computer experts in order
to avoid further random seizures of electronic devices that lead to
shut down the BBSes; - if it is not the occasion to confirm that
current legislation does not charge system operators with objective
responsibility for users' activities on telecom systems."

Although the Fidonet sysop community (about 300 people) is still quite
uncertain regarding its future, many of them feel the urgent need to
overcome a sort of cultural and social isolation that clearly surrounds
the telecom scene in Italy.

At the moment the main issue is how to raise public interest and
political pressure to obtain clear laws in support of civil rights in
the electronic medium.

Several online laboratories, such as the Community Networking
conference on Agora' Telematica as well as the BBSes linked to
Cybernet, are developing a vast array of ideas and proposals.

"We underestimate our strength: if we could just be able to set up an
Italian Association of Telecom Users we could put pressure on political
and legislative bodies." "Overwhelm newspapers, radio and tv stations
with faxes, letters, phone calls!" "We must attract common people,
through hundreds of tables and events in the streets more than online,
even if we do not have a Kapor to support us." "There should be
press-conferences in several cities, with the presence of investigated
people along with famous persons, politicians." "What about a 24-hours
silence from any system in the country with simultaneous events in each
city and village where a BBS operates?"

The situation is rather fluid and in e-motion. Stay connect!

- Bernardo Parrella

<b.parrella@agora.stm.it>
<berny@well.sf.ca.us>

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Article 2522 of comp.society.privacy:
Path: news.csos.orst.edu!flop.ENGR.ORST.EDU!reuter.cse.ogi.edu!uwm.edu!computer-privacy-request
From: "Prof. L. P. Levine" <levine@blatz.cs.uwm.edu>
Newsgroups: comp.society.privacy
Subject: Crackdown on Italian BBSes Continues
Date: 7 Jun 1994 01:40:28 GMT
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    from: Bernardo Parrella <berny@well.sf.ca.us.>
    To: All
    Subject: Crackdown on Italian BBSes Continues
    Date: June 4, 1994

Twenty-four days after the first major crackdown on Fidonet Italia
BBSes, on Friday June 3, the Taranto Finance Police visited Taras
Communications BBS, the main National Peacelink node and data-bank.
Acting after a warrant issued by the Prosecutor of the same city,
Giovanni Pugliese and his wife were charged for the possession of
"illegally copied software and electronic equipment suitable to
falsification." After searching their apartment for more than 5 hours
(from 5 pm to 10.30 pm), Finance officials sealed off the PC on which
the BBS run and seized 174 floppy disks - leaving behind the monitor
and the only available modem. Because the Taranto node hosts most of
the network archives and all the email traffic, at the moment the
entire national Peacelink net is down. Giovanni Pugliese is currently
working to start again his system as soon as possible - probably in the
next 48 hours.

"Taras Communications BBS has never had anything to do with software
piracy and is well know for its activities related to humanitarian,
peace, social and community issues," Giovanni Pugliese said. "Peacelink
and its sister Fidonet Italia network had always pursued a very
restrictive policy against any illegally copied software on their
systems. Because Taras Communications BBS is the main National node of
Peacelink network, its forced closure, hopefully very short, will
result in a great damage for those hundreds of people - including
journalists, activists, volunteers - that were widely relying upon its
everyday services."

With more than 30 nodes throughout the country, several Fidonet
gateways, and a project currently underway to connect directly to
Comlink and the other APC Networks,  Peacelink is completely dedicated
to peace, human rights and ecology issues. Founded in1992 as a
specialized conference of Fidonet Italia network, Peacelink became
quickly independent and well known even outside Italy. Recently the
network hosted a national conference on peace-related matters, becoming
also the only communication link for people in the former-Yugoslavia
and the outside world.

The first phase of the crackdown (May 11-13) targeted Fidonet Italia
network in several cities in the northern and cental regions of the
country. While a still inaccurate number of BBSes (probably from 30 to
60) were searched and dozens were closed down, on May 25 an official
press-release of the Finance Police in Torino claimed a seizure "for a
value of more than 4 billion of Italian lire (about US $2,5 million),
including 17 personal computers; 13,690 floppy disks of illegally
copied software," dozens of modems and electronic devices. Fourteen
people were charged with "conspiracy with unknown for the crime of
software piracy" - but no arrests were made.

The new raid hit the online community at the exact moment when sysops,
users, media and citizens were waiting for a relaxing and clarifier
signal from investigators, including the first decisions about the
seized hardware scheduled in these days.

Right now, activists are coordinating a series of quick answers,
including the probable foundation of a National association dedicated
to the protection of civil rights for Electronic Citizens.

- Bernardo Parrella

<berny@well.sf.ca.us>
<b.parrella@agora.stm.it>

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