IP: The Tragedy of Ed Cummings

[Dave Farber <farber () central cis upenn edu>]

Many moons ago I sent to the IP list the following


Date: Sat, 17 Feb 1996 12:31:22 -0500 (EST)


> From the German theologian  Martin Niemoeller during the 30's:


"In Germany they came first for the Communists, and I didn't speak up
because I wasn't a Communist. Then they came for the Jews, and I didn't
speak up because I wasn't a Jew. Then they came for the trade unionists,
and I didn't speak up because I wasn't a trade unionist. Then they came for
the Catholics, and I didn't speak up because I was a Protestant. Then they
came for me, and by that time no one was left to speak up." 


I repeat a quote I often think about. From the Founder of UPenn


"They that can give up essential liberty to obtain a little temporary 
safety deserve neither liberty nor safety." - Ben Franklin, ~1784


djf


From: NorthStar <northstar () iuc org>
Honorary Subscriber... Janet Reno


*********************************
*****     FREE AT LAST!!    *****
*********************************


The incredible news appeared this morning [Saturday] on the 2600 Website,
that as of Friday the 13th, Ed Cummings has been granted a sudden and
unexpected unconditional release. Details will be made available on that
same site in the next 24 to 48 hours. But finally Ed Cummings is again a
FREE man! 


The following article is suddenly *history* rather than *news*. However,
that makes it no less true, no less tragic and no less terrifying. Please
read how our Government treats an innocent citizen, who happens to be a
*hacker*. It is certain that more brutality is in store for the hackers.
Hackers are the *Niggers of the Nineties*


THE TRAGEDY OF ED CUMMINGS.....
.....United States Citizen


A convicted hacker, in prison for nothing more than possession of
electronic parts easily obtainable at any Radio Shack, has been savagely
beaten after being transferred to a maximum security prison as punishment
for speaking out publicly about prison conditions. Ed Cummings, recently
published in WIRED and Internet Underground, as well as a correspondent
for WBAI-FM in New York and 2600 Magazine, has been the focus of an
increasingly ugly campaign of harrassment and terror from the authorities.
At the time of this writing, Cummings is locked in the infectious diseases
ward at Lehigh County prison in Allentown, Pennsylvania, unable to obtain
the proper medical treatment for the severe injuries he has suffered. 


The Ed Cummings case has been widely publicized in the computer hacker
community over the past 18 months. In March of 1995, in what can only be
described as a bizarre application of justice, Cummings (whose pen name is
"Bernie S.") was targeted and imprisoned by the United States Secret
Service for mere possession of technology that could be used to make free
phone calls. Although the prosecution agreed there was no unauthorized
access, no victims, no fraud, and no costs associated with the case,
Cummings was imprisoned under a little known attachment to the Digital
Telephony bill allowing individuals to be charged in this fashion.
Cummings was portrayed by the Secret Service as a potential terrorist
because of some of the books found in his library. 


A year and a half later, Cummings is still in prison, despite the fact
that he became eligible for parole three months ago. But things have now
taken a sudden violent turn for the worse. As apparent retribution for
Cummings' continued outspokenness against the daily harrassment and
numerous injustices that he has faced, he was transferred on Friday to
Lehigh County Prison, a dangerous maximum security facility. Being placed
in this facility was in direct opposition to his sentencing order. The
reason given by the prison: "protective custody". 


A day later, Cummings was nearly killed by a dangerous inmate for not
getting off the phone fast enough. By the time the prison guards stopped
the attack, Cummings had been kicked in the face so many times that he
lost his front teeth and had his jaw shattered. His arm, which he tried to
use to shield his face, was also severely injured. It is expected that his
mouth will be wired shut for up to three months. Effectively, Cummings has
now been silenced at last. 


> From the start of this ordeal, Cummings has always maintained his
composure and confidence that one day the injustice of his imprisonment
will be realized. He was a weekly contributor to a radio talk show in New
York where he not only updated listeners on his experiences, but answered
their questions about technology. People from as far away as Bosnia and
China wrote to him, having heard about his story over the Internet. 


Now we are left to piece these events together and to find those
responsible for what are now criminal actions against him. We are
demanding answers to these questions: Why was Cummings transferred for no
apparent reason from a minimum security facility to a very dangerous
prison? Why has he been removed from the hospital immediately after
surgery and placed in the infectious diseases ward of the very same
prison, receiving barely any desperately needed medical attention? Why was
virtually every moment of Cummings' prison stay a continuous episode of
harrassment, where he was severely punished for such crimes as receiving a
fax (without his knowledge) or having too much reading material? Why did
the Secret Service do everything in their power to ruin Ed Cummings' life? 


Had these events occurred elsewhere in the world, we would be quick to
condemn them as barbaric and obscene. The fact that such things are taking
place in our own back yards should not blind us to the fact that they are
just as unacceptable. 


Lehigh County Prison will be the site of several protest actions as will
the Philadelphia office of the United States Secret Service. For more
information on this,


email protest () 2600 com or call (516) 751-2600


For the latest updates on this case goto http://www.2600.com


The following people are responsible for Ed Cummings' situation: 


Name/Address                            Phone               Fax


Bucks County Correctional Facility      215.325.3700        215.345.3940
1730 South Easton Road
Doylestown, PA
Director:  Mr. Nesbitt (warden equivalent)
Chief:John Henderson (had Cummings thrown into maximum security
                           for receiving a fax from a reporter - later
                           told Cummings he had "no right" to speak
                           to the press)


Lehigh County Prison                    610.820.3270
38 North Fourth Street
Allentown, PA 18103
Warden:    Ed Sweeney                   610.820.3133        610.820.3450


Haverford Township Police Department
 John Morris (typical paranoid)    610.853.2400        610.853.1706
          (original arresting officer who believed Cummings was involved
           in a drug deal because he was observed selling electronic
           components to a vehicle occupied by African Americans)


Northampton County Probation Department
        
Scott Hoke (parole officer/lackey)     610.559.7211        610.559.7218
           (as Cummings' parole officer for a minor infraction years
            earlier, Hoke had told Cummings that parole was a waste of
            time for such a trivial offense. However, after being
            interviewed by the Secret Service, Hoke did an about face
            and began referring to Cummings as a very dangerous criminal
            who needed to be in prison for a long time.)


Harrisburg Parole Office
        Ralph Bigley                    717.787.2563        717.772.3534
        Mr. Bigelow                     717.787.5699


Northampton County Courthouse (main)    610.559.3000
        Judge Panella                   610.515.0830        610.515.0832


US District Court, Philadelphia (main)  215.597.2995
601 Market Street
Philadelphia, PA 19106
        Judge Marjorie Rendell          215.597.3015        215.580.2393
        Judge Jay C. Waldman            215.597.9644        215.580.2155
        Judge Charles B. Smith          215.597.0421        215.597.6125


Assistant U.S. Attorney
Anne Whatley Chain, Esq.                215.451.5282
615 Chestnut Street
Suite 1250
Philadelphia, PA 19106


Special Agent Thomas L. Varney
U.S. Secret Service (main)              215.597.0600        215.597.2435
Room 7236
Federal Building
600 Arch Street
Philadelphia, PA 19106
   (Varney was the key factor in having Ed Cummings imprisoned
    since March of 1995. It was he who convinced Det. John Morris
    that Cummings' possession of electronic components and certain
    books and magazines made him a danger to society. His testimony
    stands out in its incredible assessment of Cummings as nothing
    short of a terrorist and his ability, as a representative of
    one of the nation's most powerful agencies, to convince others
    in law enforcement that Cummings belongs in prison with the most
    dangerous and most violent of criminals.)




====================================
1) DOJ Hacked!
http://www.2600.com/doj_2600rush/
2) Bernie S URGENT
http://www.2600.com/
3) Weekend @ Bernie'S
http://www.inch.com/~esoteric/weekend.html
4) HACKERS - The Movie
http://www.mgmua.com/hackers/
5) Hardwar, Softwar, Wetwar
http://www.stl.nps.navy.mil/lists/c4i-pro/3059.html
6) 2600 Magazine: The Hacker Quarterly
http://www.2600.com/
7) The Hacker Crackdown by Bruce Sterling
http://particle.cs.unc.edu:8080/~faith/crack/crack_toc.html#SEC1
8) The Semantics of the Computer Underground
http://sun.soci.niu.edu/~gmeyer/cusemantics.html
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