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 (c). 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