eBay 'hacker' challenges PC ban

[InfoSec News <isn () c4i org>]

http://www.theregister.co.uk/content/55/34337.html

By Kevin Poulsen
SecurityFocus
Posted: 04/12/2003

Accused eBay hacker Jerome Heckenkamp is back in federal court in
California this month, but it isn't for his ever-slipping trial date.  
His attorneys are mounting a constitutional challenge to court-ordered
pre-trial restrictions that have kept him from computers and the
Internet since his indictment nearly three years ago.

Under the conditions of his release, Heckenkamp, 24, is only permitted
to use a single "drone" computer at home to review the electronic
evidence in his case, without a modem, and with all the connectors but
the mouse, keyboard and power ports covered with police evidence tape.  
Last summer, a planned visit to his parent's home in Wisconsin was
conditioned on his family removing all computers from their house, and
allowing court Pre-Trial Services officials to inspect the home for
wayward CPUs.

Once de rigeur in cybercrime prosecutions, such computer bans have
become increasingly contentious in the courts as PCs and the Internet
become a daily part of American life. Federal appeals courts are split
on the question of whether it's permissible to ban someone from the
Internet during the supervised release that follows a federal prison
sentence: in separate cases, the 2nd and 3rd U.S. Circuit Courts of
Appeals have both ruled against the practice, finding that the bans
are too broad to serve legitimate sentencing goals. But last month the
9th Circuit, which covers California, upheld an Internet ban against
convicted online child porn trafficker Chance Rearden, finding that it
"does not plainly involve a greater deprivation of liberty" than is
reasonably necessary.

But unlike the defendants in those cases, Heckenkamp hasn't been
convicted of a crime. Under a federal law called the Bail Reform Act,
pre-trial conditions must be the "least restrictive" necessary to
assure that the defendant appears in court, and doesn't endanger the
community. In a filing with the federal court in San Jose, Calif.,
Heckenkamp lawyer Benjamin Coleman argues that prohibiting the accused
hacker from using the Internet goes too far, and violates Heckenkamp's
right to free speech. "In this case, the overly broad computer
restrictions not only violate the Bail Reform Act, but they also
violate Mr. Heckenkamp's First Amendment rights," reads the filing.

Heckenkamp's lawyer is asking that the computer ban be lifted, or that
the Pre-Trial Services office monitoring his release be empowered to
ease the restrictions at its discretion. The matter is set for a
hearing on December 16th.

A former Los Alamos National Labs network engineer, Heckenkamp is
charged with hacking telecom equipment-maker Qualcomm while a gradate
student in 1999, and penetrating computers belonging to Lycos, Exodus
Communications, Juniper Networks and Cygnus Support Solutions. He also
charged with defacing online auction site eBay under the hacker handle
"MagicFX." He's steadfastly maintained his innocence, claiming that
hackers used his computer to commit the crimes.

Last year, Heckenkamp was jailed at a court appearance after angering
a federal judge with a series of baffling legal arguments apparently
inspired by failed tax-protester tactics -- including challenging his
indictment on the grounds that it spelled his name in all capital
letters. He later retained an attorney, and after seven months in stir
was released on bail with his pre-trial release restrictions tightened
further. His trial date, which has been delayed several times, is
currently set for March, 2004



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