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\---------------------------------------------------------------- EVERYTHING A HACKER NEEDS TO KNOW ABOUT GETTING BUSTED BY THE FEDS \---------------------------------------------------------------- Written By Agent Steal (From Federal Prison, 1997) Internet E-mail, agentsteal@usa.net Contributions and editing by Minor Threat and Netta Gilboa Special thanks to Evian S. Sim This article may be freely reproduced, in whole or in part, provided acknowledgments are given to the author. Any reproduction for profit, lame zines, (that means you t0mmy, el8, you thief) or law enforcement use is prohibited. The author and contributors to this phile in no way advocate criminal behavior. \---------------- CONTENTS \---------------- PART I - FEDERAL CRIMINAL LAW Foreward Introduction A. Relevant Conduct B. Preparing for Trial C. Plea Agreements and Attorneys D. Conspiracy E. Sentencing F. Use of Special Skill G. Getting Bail H. State v. Federal Charges I. Cooperating J. Still Thinking About Trial K. Search and Seizure L. Surveillance M. Presentence Investigation N. Proceeding Pro Se O. Evidentiary Hearing P. Return of Property Q. Outstanding Warrants R. Encryption S. Summary PART II - FEDERAL PRISON A. State v. Federal B. Security Levels C. Getting Designated D. Ignorant Inmates E. Population F. Doing Time G. Disciplinary Action H. Administrative Remedy I. Prison Officials J. The Hole K. Good Time L. Halfway House M. Supervised Release N. Summary FOREWORD Nobody wants to get involved in a criminal case and I've yet to meet a hacker who was fully prepared for it happening to them. There are thousands of paper and electronic magazines, CD-ROMS, web pages and text files about hackers and hacking available, yet there is nothing in print until now that specifically covers what to do when an arrest actually happens to you. Most hackers do not plan for an arrest by hiding their notes or encrypting their data, and most of them have some sort of address book seized from them too (the most famous of which still remains the one seized from The Not So Humble Babe). Most of them aren't told the full scope of the investigation up front, and as the case goes on more comes to light, often only at the last minute. Invariably, the hacker in question was wiretapped and/or narced on by someone previously raided who covered up their own raid or minimized it in order to get off by implicating others. Once one person goes down it always affects many others later. My own experience comes from living with a retired hacker arrested ten months after he had stopped hacking for old crimes because another hacker informed on him in exchange for being let go himself. What goes around, comes around. It's food for thought that the hacker you taunt today will be able to cut a deal for himself by informing on you later. From what I've seen on the criminal justice system as it relates to hackers, the less enemies you pick on the better and the less groups you join and people who you i nteract with the better as well. There's a lot to be said for being considered a lamer and having no one really have anything to pin on you when the feds ask around. I met Agent Steal, ironically, as a result of the hackers who had fun picking on me at Defcon. I posted the speech I gave there on the Gray Areas web page (which I had not originally intended to post, but decided to after it was literally stolen out of my hands so I could not finish it) and someone sent Agent Steal a copy while he was incarcerated. He wrote me a letter of support, and while several hackers taunted me that I had no friends in the community and was not wanted, and one even mailbombed our CompuServe account causing us to lose the account and our email there, I laughed knowing that this article was in progress and that of all of the publications it could have been given to first it was Gray Areas that was chosen. This article marks the first important attempt at cooperation to inform the community as a whole (even our individual enemies) about how best to protect themselves. I know there will be many more hacker c