Bernie S

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Bernie S. (born Edward Cummings) is a computer hacker living in Philadelphia, Pennsylvania. He is a regular panelist on the WBAI radio show Off the Hook. In 2001 he appeared in Freedom Downtime, a documentary produced by 2600 Films.[1] Bernie S is an avid writer and remains active in the hacker community at 2600 Films and conferences on issues such as on-line censorship.[citation needed] He speaks extensively about his experiences with the United States Justice System and technology related topics at many international conferences.[citation needed]

Confiscation

In 1995, the police department of Haverford Township, Pennsylvania happened upon what they believed to be a drug transaction. However, upon further inspection, they discovered Bernie and others transacting over crystals, such as the type used in crystal radio[citation needed] and other technological applications. The police who responded were not knowledgeable about technology or computers. As such, when they performed a search on Bernie and his associate's automobiles, all crystals were confiscated as suspicious materials along with some reading material such as The Whole Spy Catalog.[2]

After the United States Secret Service inquired about the seized equipments, Special Agent Thomas Varney informed the local police that the use of some of these equipment was for illicit purposes only. Bernie was subsequently arrested and charged with possession of a non-working RadioShack Red box (phreaking) tone phone dialer. Additional materials were seized which were never returned, all his books, copies of 2600 magazine and all electronics. The agent, Thomas Varney, asserted in his seizure affidavit about a book titled Cellular Hacker's Bible.[3] All books seized by the United States were legal, not banned in any manner but were listed by the prosecution as supporting evidence of illicit activities.

Criminal Complaint

The United States District Court for Eastern Pennsylvania in United States of America Edward E. Cummings filed charges in case number 95-320. The charges were for the possession of a speed dialer, an IBM Thinkpad laptop and computer discs which could be used for unauthorized telecommunications access. Although the Grand Jury convened on 13 March 1995, Bernie S was denied a bail on hearing. His first bail hearing was scheduled for 7 September 1995, whilst his trial date was set and scheduled for 8 September 1995. The proceeding were unusual due the lack legal adherence to the Speedy Trial Clause and in violation of the newer 1984 18 U.S.C. §§ 3141–3150, which replaced Bail Reform Act of 1966.

18 U.S.C. § 3142 provides that only persons who fit into certain categories are subject to detention without bail: persons charged with a crime of violence, an offense for which the maximum sentence is life imprisonment or death, certain drug offenses for which the maximum offense is greater than 10 years, repeat felony offenders, or if the defendant poses a serious risk of flight, obstruction of justice, or witness tampering. There is a special hearing held to determine whether the defendant fits within these categories; anyone not within them must be admitted to bail. The Supreme Court upheld the 1984 Act's provision providing for pretrial detention based on community-danger in United States v. Salerno.

United States Secret Service Agent Thomas Varney labeled BernieS as a danger to society for having too much information, all public and legal now available on the internet. This was in relation to the publishing by 2600/BernieS of Secret Service offices locations, phone numbers and radio frequencies, along with photos and codes.[4]

Imprisonment

On 7 September 1995, BernieS plead guilty under a Zudic Plea to possession of technology which could be used in a fraudulent manner.[5] A Zudic plea involves pleading guilty, but challenging the constitutionality of the law.

BernieS was released on 13 October 1995.

In January 1996, the United States Secret Service applied pressure to arrest Bernie S. for a probation violation which occurred in 1994. The violation was tampering with evidence; however, no arrest occurred at the time and involved removing batteries out of a tone dialer after said evidence was left out and was not cataloged correctly by the local police department. His bail was set by Judge Jack Pannella of Northampton County $250,000, unusually high for a probation violation involving a non-violent crime. In March 1996 Bernie S. was sentenced between 6–24 months.[citation needed]

While awaiting a parole hearing, an unsolicited fax was sent to Bernie S. without his consent by the reporter for Internet Underground Rob Bernstein. Bernie S. was charged by Bucks County, Pennsylvania prison officials with misuse of the telephone system and threatened with an increase in time of up to nine months. Bernie S. appealed the decision, prompting prison officials to retain him in maximum security for nine days longer than required. After the decision was denied, Bernie S. began being harassed and intimidated by prison officials. He was charged with nuisance infractions such as too much reading material or too many bottles of shampoo.[6]

After filing a grievance for harassment and intimidation against with the prison while waiting for parole, Bernie S. was moved to a high security facility and housed with violent offenders. Within the first day of being moved, Bernie S. was attacked by a fellow inmate and suffered a broken arm and jaw. Initially, prison officials did not want to treat his injuries. When Bernie S attempted to contact outside assistance, prison officials blocked all of his previously dialed numbers.[6]

After a letter writing campaign, a telephone campaign, and a physical demonstration outside the prison where Bernie S was housed, on 13 September 1996 he was released subject to parole regulations.[7]


Notes

  1. ↑ IMDb.
  2. ↑ Goldstein 2008, p. 532.
  3. ↑ Goldstein 2008, p. 533.
  4. ↑ Farmelant 1996.
  5. ↑ 2600.com.
  6. ↑ 6.0 6.1 Goldstein 2008, p. 542.
  7. ↑ Goldstein 2008, p. 543.

References

  • IMDb. "Freedom Downtime". IMDb. Retrieved January 18, 2013. 
  • Goldstein, Emmanuel (2008). The Best of 2600:A Hacker Odyssey. Indianapolis, Indiana: Wiley Publishing, Inc. ISBN 9780470294192. 
  • Farmelant, Scott (March 14–21, 1996). "Secret Revenge". Philadelphia citypaper. Retrieved January 20, 2013. 
  • 2600.com. "Bernie S.". 2600 Inc. Retrieved January 20, 2013. 
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