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BBS sysop sues user over virus
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LEGAL ACTION UNDERWAY AGAINST "VIRUS" COMPUTER PROGRAM
The paragraphs below contain information on a civil legal action
concerning an alleged "virus" or "trojan horse" program which we
claim was sent to and damaged our BBS. Since the legal action is
now underway, I cannot comment further at this time. The document
copied below is public, however, and we'd be happy to receive
comments on it from those who are interested. Give us your views
either on this forum of Compuserve, or on our own bulletin board,
the Santa Fe Message, N-8-1, 2400/1200/300 bps, (505)988-5867.
Open for calls 24 hours a day.
The following was filed with the United States District Court,
District of New Mexico on August 12, 1988, 10:34 a.m.
This is a copy of a public document.
BEGIN QUOTE
WILLIAM A. CHRISTISON d/b/a
THE SANTA FE MESSAGE
Plaintiff,
vs. No. CIV 88 0954 JC
MICHAEL DAGG,
Defendant.
COMPLAINT
COMES NOW Plaintiff, William A. Christison, by and
through his undersigned attorney, and alleges that:
I
JURISDICTION AND VENUE
1. This is a suit in equity and at law authorized
by and instituted against Defendant, Michael Dagg, pursuant to
18 U.S.C. sec. 2707 and providing for injunctive relief
against unlawful access to stored electronic communications.
2. Jurisdiction is invoked pursuant to 28 U.S.C.,
sec. 1331, 28 U.S.C., sec. 2001, 28 U.S.C., sec. 2202. This
action is instituted pursuant to 18 U.S.C., sec. 2707.
3. The unlawful unauthorized electronic
communications have been committed within the State of New
Mexico.
II
PARTIES
4. Plaintiff, William A. Christison doing business
as the Santa Fe Message, operates a computer bulletin board in
Santa Fe County, New Mexico.
5. Defendant Michael Dagg was a user of the Santa
Fe Message, through his telephone, modem and computer, both in
his own name and under the pseudonym Carter Pruett.
III
STATEMENT OF CLAIM
6. The Santa Fe Message, a computer bulletin board
system, provides access to stored electronic communications
for the public. Authorization is not provided to the public
for the purpose of altering, damaging, changing or vandalizing
the bulletin board computer's operating system files, or file
allocation tables.
7. The Santa Fe Message provides both free and
"shareware" computer programs, to the public, checking them
wherever possible before releasing them to the public.
8. On May 4, 1988 between 2:25 a.m. and 2:31 a.m.
Defendant, using the name Carter Pruett knowingly and
intentionally sent by modem to the Santa Fe Message computer
bulletin board a computer program under the name BBSMON.COM to
be released to the public.
9. Plaintiff checked the program before releasing
it to the public and discovered that it was a "Trojan Horse";
i.e. it appeared to be a normal program but it contained
hidden commands which caused the program to vandalize
Plaintiff's system, erasing the operating system and damaging
the file allocation tables, making the files and programs
stored in the computer unusable.
10. Between May 5, 1988 and May 12, 1988 Defendant
checked the Plaintiff's computer bulletin board nine times
using the name Carter Pruett and once using his true name,
Michael Dagg; several of these times he sent in messages and
on May 7, 1988, he knowingly and intentionally sent in by
modem a program of the same name, BBSMON.COM, as the original
"Trojan Horse" computer program.
Wherefore, Plaintiff prays that this Court;
1. Grant Plaintiff $1000 for each "Trojan Horse"
violation pursuant to 18 U.S.C. sec. 2707 (b) (1) and ©.
2. Enjoin Defendant from sending "Trojan Horses" or
"Viruses" or other vandalizing programs to Plaintiff or anyone
else pursuant to 18 U.S.C. sec. 2707 (b) (1).
3. Award Plaintiff reasonable attorney's fees and
other litigation costs, pursuant to 18 U.S.C. sec. 2707 (b) (3).
Respectfully submitted,
________________________
ANN YALMAN
Attorney for Plaintiff
304 Catron
Santa Fe, New Mexico, 87501
(505) 988-8838
END QUOTE
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