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Talking to the FBI
10/29/99
Mike Hudack
Editor-in-Chief
A CORRECTION HAS BEEN ISSUED REGARDING THIS STORY.
When talking to Web site defacers -- or anyone who has committed a crime -- there is a very fine line you have to be walking. You cannot learn about where they live, what theyīre planning to do, or anything like that. Unfortunately, when speaking to Flipz and Fuqrag, I learned too much.
When I found out that they were planning to deface Barnes & Noble and CompUSA I had two choices. I could forget what they told me and hope nothing would happen... Or I could tell the FBI.
Guilty as an Accessory
According to law I would be guilty of Web site defacement as an accessory if I didnīt notify the FBI a crime was going to occur. I discussed the issue with several journalists, a lawyer and a journalistic ethics professor. All insisted that I could be arrested and charged with a crime if I didnīt notify the FBI.
As such, I made a phone call to the Connecticut FBI Field Office and informed an FBI special agent that there was a plan to deface both Barnes & Noble and CompUSA. I was questioned for fifteen minutes in regards to the case and refused to give any further information. I simply told him that there were two sites that may be defaced.
Obligations -- To Both Sides
Flipz and Fuqrag trusted me -- and I think I lived up to that trust. They explicitly said I could quote them on any information they gave me, and that included the Barnes & Noble and CompUSA information. In accordance with our agreement I published the information on OSAll.
I asked for no identifying information, but I did specifically ask if anything big was coming up -- but I didnīt ask for details. I was told details. In a later discussion, though, Fuqrag said "I know you had to do that, I expected you to do that."
Your Rights
Every United States resident has a legal responsibility under law to notify the authorities if they know of a specific crime that is to be committed. As a journalist told me, if Son of Sam tells you heīs going to kill somebody in the future you donīt have to tell anyone. If he tells you who heīs going to kill, where or when, you have to tell the authorities. If not you could be charged with accessory to murder.
In addition, journalists (and other interested parties) should try as hard as possible not to learn personal information about any suspects. If they do they can be subpeonaed for this information and be forced to divulge it, under penalty of being held in contempt of court.
Related Articles on OSAll:
Flipz Interviewed
Fuqrag Interviewed
Flipzī Exploit
eEye Exploit
NSA-like Site Defaced |
