Fidonet Crackdown in Italy

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

Fidonet Crackdown in Italy.


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.
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