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The Prisoner: Phiber Optik Goes Directly to Jail January 12, 1994 Phiber Optik went to prison that week and if you ask me and a whole lot of other people think thats just a shame. To some folks, of course, its just desert. Talk to phone-company executives, most computer-security experts, any number of U. S.
attorneys and law-enforcement agents, or Justice Louis Stanton of the Southern District of New York (who handed Phiber his year-and-a-day in the federal joint at Minorsville, Pennsylvania), and theyll tell you the sentence is nothing more than what the young hacker had coming to him. Theyll tell you Phiber Optik is a remorseless, malicious invader of other peoples computers, a drain on the economic lifeblood of our national telecommunications infrastructure, and / or a dangerous role model for the techno literate youth of today. The rest of us will tell you hes some kind of hero. Just ask. Ask the people like me who have come to know this 21 -year-old high-school dropout from Queens over the course of his legal travails. Well describe a principled and gruffly plain-talking spokes dude whose bravado, street-smart style, and remarkably un manipulative accessibility have made him the object of more media attention than any hacker since Robert Morris nearly brought down the Internet.
Or ask the on-line civil libertarians who felt that Phiber's commitment to nondestructive hacking and to dialogue with the straight world made him an ideal poster boy for their campaign against the repressive excesses of the governments war on hackers. You might even ask the small subset of government warriors who have arrived at a grudging respect for Phiber's expertise and the purity of his obsession with the workings of the modern computerized phone system (a respect that has at times bordered on parental concern as it grew clear that a 1991 conviction on state charges of computer trespass had failed to curb Phiber's reckless explorations of the system). But for a truly convincing glimpse of the high regard in which Phiber Optik is held in some quarters, youd have to pay an on-line visit to ECHO, the liberal-minded but hardly cyberpunk New York bulletin-board system where Phiber has worked as resident technical maven since last spring. Forsaking the glories of phone phreaking for the workaday pleasures of hooking the system up to the Internet and helping users navigate its intricacies, he moved swiftly into the heart of ECHOs virtual community (which took to referring to him by the name his mother gave him Mark as often as by his nom de hack). So that when he was indicted again, this time on federal charges of unauthorized access to phone-company computers and conspiracy to commit further computer crimes, ECHO too was drawn into the nerve-racking drama of his case. As the co conspirators named in the indictment (a group of Phiber's friends and government-friendly ex-friends) pleaded guilty one by one, there remained brave smiles and high hopes for Phiber's jury trial in July.
By the time the trial date arrived, however, Phiber had made an agonizing calculus of risks and decided to plead guilty to one count each of computer intrusion and conspiracy. ECHO was left on tenterhooks waiting for the day of the sentencing. Given Marks newfound enthusiasm for more legitimate means of working with computers and his undisputed insistence at the time of his plea that he had never damaged or intended to damage any of the systems he broke into, it seemed reasonable to wish for something lenient. A long probation, maybe, or at worst a couple months jail time. After all, the infamous Morris had done considerably greater harm, and he got off with no jail time at all. When the news arrived, therefore, of Phiber's 12 -month prison sentence (plus three years probation and 600 hours of service), it hit like a slap in the face, and ECHO responded with a massive outburst of dismay and sympathy.
ECHOs director, Stacy Horn, posted the information at 3 p. m. on November 3 in the systems main conference area, and within 24 hours the place was flooded with over 100 messages offering condolences, advice on penitentiary life, and curses on Judge Stanton. Not all the messages were what youd want to call articulate read the first one in its entirety; quoth another: nor was all the advice exactly comforting a sincere and apparently quite prison-savvy Echo suggested; ; Skip the country, proposed one user who connects from abroad, inviting Phiber to join him in sunny South Africa). But the sentiment throughout was unmistakably heartfelt, and when Phiber Optik finally checked in, his brief response was even more so I just finished reading all this and Im speechless. I couldnt say enough to thank all of you.
He didnt have to thank anybody, of course. Motivated by genuine fellow feeling as this electronic loveliest was, it was also the last step in the long-running canonization of Phiber Optik as the digital ages first full-fledged outlaw hero, and making somebody else a hero is not necessarily the most generous of acts. For one thing, we tend to get more from our heroes than they get from us, and for another, we tend to be heedless of (when not morbidly fascinated by) the very high psychic overhead often involved in becoming a hero especially the outlaw kind. To their credit, though, the Echos proved themselves sensitive to the weight of the burden Phiber had been asked to take on. As one of them put it: ; Sorry Mark. Youve obviously been made a martyr for our generation.
There was some melodrama in that statement, to be sure, but not too much exaggeration. For ironically enough, Judge Stanton himself seemed to have endorsed its basic premise in his remarks upon passing sentence. Not unmoved by the stacks of letters sent him in support of Phiber Optik's character and motivations, the judge allowed as how a less celebrated Phiber Optik convicted of the same crimes might not deserve the severity of the discipline he was about to prescribe (and in Phiber's case it could be argued that 12 months locked up without a computer is severe enough to rate as cruel and unusual). But since Phiber had made of himself a very public advertisement for the ethic of the digital underground, the judge insisted he would have to make of the sentence an equally public counter message. ; The defendant stands as a symbol here today, said Stanton, making it clear that the defendant would therefore be punished as one too.
The judge did not make it clear when exactly it was that the judicial system had abandoned the principle that the punishment fits the crime and not the status of the criminal, though I suppose that happened too long ago to be of much interest. More frustratingly, he also didnt go into much detail as to what it was that Phiber Optik was to stand as a symbol of. In at least one of his remarks, however, he did provide an ample enough clue: Hacking crimes, said Judge Stanton, constitute a real threat to the expanding information highway. That the real threat; bit was a nice dramatic touch, but anyone well-versed in the issues of the case could see that at this point the judge was speaking symbolically. For one thing, even as practiced by the least scrupulous joyriders among Phiber Optik's subcultural peers, hacking represents about as much of a threat to the newly rampant telecommunications juggernaut as shoplifting does to the future of world capitalism. But more to the point, everybody recognizes by now that all references to information highways, super or otherwise, are increasingly just code for the corporate wet dream of a pay-as-you-go telecom turnpike, owned by the same mega businesses that own our phone and cable systems today and off-limits to anyone with a slender wallet or a bad credit rating.
And that, symbolically speaking, is what Phiber Optik's transgressions threaten. For what did his crimes consist of after all? He picked the locks on computers owned by large corporations, and he shared the knowledge of how to do it with his friends (they had given themselves the meaningless name MOD, more for the thrill of sounding like a conspiracy than for the purpose of actually acting like one). In themselves the offenses are trivial, but raised to the level of a social principle, they do spell doom for the locks some people want to put on our cyber spatial future. And Im tempted, therefore, to close with a rousing celebration of Phiber Optik as the symbol of a spirit of anarchic resistance to the corporate Haussmannization of our increasingly information-based lives, and to cheer Phiber's hero status in places like ECHO as a sign that that spirit is thriving. But I think Ill pass for now.
Phiber Optik has suffered enough for having become a symbol, and in any case his symbolic power will always be available to us, no matter where he is. Right now, though, the man himself is going away for far too long, and like I said, thats nothing but a shame The Personal side to Phiber Handle: Phiber Optik a. k. a. : Mark Abene Claim to Fame: As a founding member of the Masters of Deception, Phiber Optik inspired thousands of teenagers around the country to study the internal workings of our nations phone system. A federal judge attempted to send a message to other hackers by sentencing Phiber to a year in federal prison, but the message got garbled: Hundreds of well-wishers attended a welcome-home party in Abene's honor at an elite Manhattan Club. Soon after, New York magazine dubbed him one of the citys 100 smartest people.
First encountered a computer: Hanging out in the electronics department of the A&# 038; S department store in Queens, N. Y. , where his mother worked. There he was introduced to the Apple II, the Timex Sinclair and the Commodore 64. The first computer he owned was a Radio Shack TRS- 80 (Trash- 80). Unusual tools: Experimented by dialing patterns on a phone receiver. Abene used the receiver so frequently that it had to be bandaged with black electrical tape to keep its guts from falling out.
Little-known fact: Phiber Optik's favorite food: mashed potatoes from Kentucky Fried Chicken. Not real mashed potatoes. Real ones have lumps in them quick interview before going to prison PHIBER OPTIK But you know what I would like to see? We did this last week.
We called up local information and we heard for the last time the NY telephone recording. Now, lets see if they have, as they said they would on Jan 1 st, changed everything I think its very important that we do some checking up here. Ok, there is our trusty dial tone... and we are going to...
No we are not going to call anywhere cause I guess we didnt pay our touch-tone fee Did we? Now, ok, lets try another line Hey! No, we didnt pay the touch-tone fee on any of our lines apparently lets try there we go (dials number) lets see what happens Operator: New York Telephone Emmanuel: Oh Im sorry I thought this was NYNEX... Operator: OK Emmanuel: OK... so long well apparently she didnt know either! Wow!
Nynex whats that? It doesnt work on Information yet... how bout that? Lets try 0 + calls and see if thats any better (dials number) lets call ourselves oops (dials again) Lets see what happens (recording: New York Telephone) Oh what is going on here? ... I mean come on I wrote the check out to NYNEX, Ive been complaining about NYNEX all week!
I havent said a single bad thing about NY Telephone since Jan 1 because they dont exist anymore. Now what do I see? I see NY telephone vans, I see NY telephone tariffs and I see NY telephone on the phone. What is a person to do? ... well Phiber this is your last show.
Phiber: Yes it is. Emmanuel: At least for the next well how long do we estimate that theyll lock you up for? Phiber: Roughly 10 months or so Emmanuel: Well, thats quite a time, that should bring us to October... of this coming year... its been... pretty crazy and pretty hectic I would imagine...
the last couple of weeks... you are actually supposed to report when? Friday? Phiber: Yeah thats right. Emmanuel: At a place called schuylkill PA. Where you will be spending time and hopefully you will be writing to us at the radio station since you wont actually be able to be on the air.
Phiber: Yeah, I will certainly try to write at least. Emmanuel: Any thoughts you want give? By the way good article in the village voice. Phiber: Yeah I was really happy to read itI thank Julian De Bell for writing such a nice article. Emmanuel: Its the one with Beevis and Butthead on the cover? ... no its not Beevis and Butthead its Clinton and Bush?
Phiber: No its supposed to be our former and current mayor... no actually its Mayor Koch Its Koch and Julian. Emmanuel: In the form of Beevis and Butthead, so pick up the Voice and check out the article, nice picture too... I havent actually seen it yet I am just going on what other people have said to me.
Phiber: Open the page why dont you? Emmanuel: What page is it on? Phiber: I dont know. Emmanuel: This newspaper has about a thousand pages in it so I dont know which page to go too... Phiber: Page 44 Emmanuel: I hope your not just saying that look look, there you are! The batman of Alcatrazz they are calling you, Phiber Optic goes directly to jail.
Wow well thats something so thats this week in the Village Voice Mark Phiber may not seem so special unless you know how truly smart somone must be to pull off something as he did. He was so smart he used the oldest computer you could possibly use and he about got away with it. There are still some people who have the best computers in the world and still cant compete with Phiber. 349
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