[From Computer underground Digest 7.39.] Date: 17 May 1995 15:54:26 -0400 From: "David Sobel" Subject: File 1--Gov't Appeal in 2600 Case The U.S. Secret Service has filed an appellate brief seeking to overturn a lower court decision ordering the release of information on a controversial "hacker" investigation. At issue are documents detailing the Secret Service's role in the so-called "Pentagon City Mall Raid." In November 1992, a group of young people affiliated with the computer magazine "2600" were confronted by mall security personnel, local police officers and several unidentified individuals. The group members were ordered to identify themselves and to submit to searches of their personal property. Their names were recorded and some of their property was confiscated. However, no charges were ever brought against any of the individuals. Although the Secret Service has never formally acknowledged its role in the incident, it eventually conceded that it did possess relevant information. Computer Professionals for Social Responsibility (CPSR) filed suit in federal court in early 1993 seeking the release of Secret Service records under the Freedom of Information Act. In July 1994, U.S. District Judge Louis Oberdorfer ordered the Secret Service to release the vast majority of documents it maintains on the incident. The Electronic Privacy Information Center (EPIC) is litigating the appeal that is now pending. The Secret Service has maintained that the disputed records were collected during the course of an investigation of telephone toll fraud. In its recently-filed brief, the agency asserts that "obviously, a meeting of individuals 'affiliated with 2600 Magazine' would be of interest to such an investigation since those individuals have, by their conduct, evidenced an interest in the technical intricacies of the telephone system." The government also reveals for the first time that the underlying investigation was closed on March 14 of this year. The Pentagon City incident has been described as an example of over-zealous law enforcement activities directed against so-called computer "hackers." The case raises significant issues of free speech and assembly, privacy and government accountability. EPIC is seeking support to assist with its defense of the lower court decision ordering disclosure. Tax-deductible contributions (payable to EPIC) can be sent to FOIA Project, EPIC, 666 Pennsylvania Avenue, S.E., Suite 301, Washington, DC 20003.