Subject: [NEXTEL-1] Nextel Lawsuit-

From: [email-masked]
Date: Sun, 29 Jun 2003 13:35:25 -0400

Timmy made some very interesting comments at the "Watch-Over-Ya-Money" conference
(http://www.twst.com/econf/mm/fu13/nxtl.html)  last week concerning PTT
competition.
Think about these comments relative to the lawsuit that Verizon filed Friday.

Timmy said:

"We don't see anything in the market that's coming anytime soon that's going to
compete with this product, nothing!"

"We know a lot about the product, we know of everybody that's out there."

"We have done a lot of research on it."

"There is nothing again, out there that we see that is going to compete with it."

Nextel is being sued under the "Computer Fraud and Abuse Act", TITLE 18 , PART I ,
CHAPTER 47 , Sec. 1030.
Verizon will be initially represented by Charles (Chipster) Bennett Molster, III
of Winston & Strawn. Verizon has selected a Jury trial. The case has been assigned
to Judge Claude M. Hilton at the 4th Circuit, U.S. District Court Eastern District
of Virginia (Alexandria).  Verizon must now "Serve" Nextel with the summons before
the case moves to the next step.
====================================================================================

THE COMPUTER FRAUD AND ABUSE ACT

UNITED STATES CODE

TITLE 18  -  CRIMES AND CRIMINAL PROCEDURE
PART I  -  CRIMES
CHAPTER 47  -  FRAUD AND FALSE STATEMENTS
_______________________________________

Sec.   1030.  Fraud  and  related  activity  in  connection  with
computers

(a) Whoever  --

(1)  knowingly  accesses  a  computer  without  authorization  or
exceeds  authorized access, and by means of such conduct  obtains
information  that  has  been  determined  by  the  United  States
Government  pursuant to an Executive order or statute to  require
protection   against  unauthorized  disclosure  for  reasons   of
national defense or foreign relations, or any restricted data, as
defined in paragraph y of section 11 of the Atomic Energy Act  of
1954,  with the intent or reason to believe that such information
so  obtained is to be used to the injury of the United States, or
to the advantage of any foreign nation;

(2)  intentionally accesses a computer without  authorization  or
exceeds   authorized  access,  and  thereby  obtains  information
contained in a financial record of a financial institution, or of
a  card  issuer  as defined in section 1602(n) of  title  15,  or
contained in a file of a consumer reporting agency on a consumer,
as  such  terms are defined in the Fair Credit Reporting Act  (15
U.S.C. 1681 et seq.);

(3)  intentionally, without authorization to access any  computer
of  a department or agency of the United States, accesses such  a
computer of that department or agency that is exclusively for the
use  of the Government of the United States or, in the case of  a
computer  not  exclusively for such use, is used by  or  for  the
Government  of  the  United  States and  such  conduct  adversely
affects the use of the Government's operation of such computer;

(4)  knowingly  and  with intent to defraud, accesses  a  Federal
interest  computer  without authorization, or exceeds  authorized
access, and by means of such conduct furthers the intended  fraud
and obtains anything of value, unless the object of the fraud and
the thing obtained consists only of the use of the computer;

(5)   (A) through means of a computer used in interstate commerce
or  communications,  knowingly  causes  the  transmission  of   a
program,  information, code, or command to a computer or computer
system if--

          (I)  the  person causing the transmission intends  that
such transmission will--

               (I)  damage,  or  cause  damage  to,  a  computer,
computer system, network, information, data, or program;  or

               (II) withhold or deny, or cause the withholding or
denial,  of the use of a computer, computer services,  system  or
network, information, data or program;  and

          (ii)  the transmission of the harmful component of  the
program, information, code, or command--

                    (I) occurred without the authorization of the
persons  or entities who own or are responsible for the  computer
system receiving the program, information, code, or command;  and

                     (II)  (aa) causes loss or damage to  one  or
more other persons of value aggregating $1,000 or more during any
1-year period;  or

                         (bb) modifies or impairs, or potentially
modifies  or impairs, the medical examination, medical diagnosis,
medical  treatment, or medical care of one or  more  individuals;
or

     (B)  through means of a computer used in interstate commerce
or communication, knowingly causes the transmission of a program,
information, code, or command to a computer or computer system--

                 (I) with reckless disregard of a substantial and
unjustifiable risk that the transmission will--

                     (I)  damage, or cause damage to, a computer,
computer system, network, information, data or program;  or

                      (II)   withhold  or  deny  or   cause   the
withholding  or  denial  of  the  use  of  a  computer,  computer
services, system, network, information, data or program;  and

                (ii) if the transmission of the harmful component
of the program, information, code, or command--

                      (I)  occurred without the authorization  of
the  persons  or  entities  who own or are  responsible  for  the
computer  system  receiving the program,  information,  code,  or
command;  and

                     (II)  (aa) causes loss or damage to  one  or
more  other persons of a value aggregating $1,000 or more  during
any 1-year period;  or

                         (bb) modifies or impairs, or potentially
modifies  or impairs, the medical examination, medical diagnosis,
medical treatment, or medical care of one or more individuals;

(6) knowingly and with intent to defraud traffics (as defined  in
section  1029)  in  any password or similar  information  through
which a computer may be accessed without authorization, if--

     (A) such trafficking affects interstate or foreign commerce;
or

     (B)  such computer is used by or for the Government  of  the
United States;

shall be punished as provided in subsection (c) of this section.

   (b) Whoever attempts to commit an offense under subsection (a)
of  this section shall be punished as provided in subsection  (c)
of this section.

(c) The punishment for an offense under subsection (a) or (b)  of
this section is--

      (1)   (A) a fine under this title or imprisonment  for  not
more  than  ten  years, or both, in the case of an offense  under
subsection  (a)(1) of this section which does not occur  after  a
conviction  for  another  offense under such  subsection,  or  an
attempt  to commit an offense punishable under this subparagraph;
and

                 (B) a fine under this title or imprisonment  for
not  more  than twenty years, or both, in the case of an  offense
under  subsection  (a)(1) of this section which  occurs  after  a
conviction  for  another  offense under such  subsection,  or  an
attempt  to commit an offense punishable under this subparagraph;
and

           (2)   (A) a fine under this title or imprisonment  for
not  more than one year, or both, in the case of an offense under
subsection  (a)(2), (a)(3) or (a)(6) of this section  which  does
not  occur  after  a  conviction for another offense  under  such
subsection,  or an attempt to commit an offense punishable  under
this subparagraph;  and

                (B)  a fine under this title or imprisonment  for
not more than ten years, or both, in the case of an offense under
subsection (a)(2), (a)(3) or (a)(6) of this section which  occurs
after a conviction for another offense under such subsection,  or
an   attempt   to  commit  an  offense  punishable   under   this
subparagraph;

           (3)   (A) a fine under this title or imprisonment  for
not  more  than  five years, or both, in the case of  an  offense
under  subsection (a)(4) or (a)(5)(A) of this section which  does
not  occur  after  a  conviction for another offense  under  such
subsection,  or an attempt to commit an offense punishable  under
this subparagraph;  and

                (B)  a fine under this title or imprisonment  for
not more than ten years, or both, in the case of an offense under
subsection (a)(4) or (a)(5) of this section which occurs after  a
conviction  for  another  offense under such  subsection,  or  an
attempt  to commit an offense punishable under this subparagraph;
and

     (4)  a  fine under this title or imprisonment for  not  more
than  1 year, or both, in the case of an offense under subsection
(a)(5)(B).

(d)  The United States Secret Service shall, in addition  to  any
other  agency  having  such  authority,  have  the  authority  to
investigate offenses under this section.  Such authority  of  the
United  States  Secret Service shall be exercised  in  accordance
with an agreement which shall be entered into by the Secretary of
the Treasury and the Attorney General.

(e) As used in this section--

     (1)  the  term  "computer"  means an  electronic,  magnetic,
optical,  electrochemical, or other high  speed  data  processing
device performing logical, arithmetic, or storage functions,  and
includes  any  data  storage facility or communications  facility
directly related to or operating in conjunction with such device,
but  such  term  does  not  include an  automated  typewriter  or
typesetter,  a  portable hand held calculator, or  other  similar
device;

           (2)  the  term  "Federal interest  computer"  means  a
computer--

                (A)  exclusively  for  the  use  of  a  financial
institution or the United States Government, or, in the case of a
computer not exclusively for such use, used by or for a financial
institution  or  the  United States Government  and  the  conduct
constituting  the  offense  affects  the  use  of  the  financial
institution's  operation or the Government's  operation  of  such
computer;  or

                (B) which is one of two or more computers used in
committing the offense, not all of which are located in the  same
State;

          (3) the term "State" includes the District of Columbia,
the  Commonwealth  of  Puerto Rico, and any  other  commonwealth,
possession or territory of the United States;

          (4) the term "financial institution" means--

                (A)  an institution with deposits insured by  the
Federal Deposit Insurance Corporation;

               (B) the Federal Reserve or a member of the Federal
Reserve including any Federal Reserve Bank;

                (C)  a credit union with accounts insured by  the
National Credit Union Administration;

                (D) a member of the Federal home loan bank system
and any home loan bank;

                (E)  any  institution of the Farm  Credit  System
under the Farm Credit Act of 1971;
               (F) a broker-dealer registered with the Securities
and  Exchange Commission pursuant to section 15 of the Securities
Exchange Act of 1934;

                  (G)    the   Securities   Investor   Protection
Corporation;

                (H) a branch or agency of a foreign bank (as such
terms  are defined in paragraphs (1) and (3) of section  1(b)  of
the International Banking Act of 1978);  and

                (I) an organization operating under section 25 or
section 25(a) of the Federal Reserve Act.

      (5)  the term "financial record" means information  derived
from  any record held by a financial institution pertaining to  a
customer's relationship with the financial institution;

       (6) the term "exceeds authorized access" means to access a
computer  with authorization and to use such access to obtain  or
alter  information  in  the computer that  the  accesser  is  not
entitled so to obtain or alter;  and

     (7)  the  term "department of the United States"  means  the
legislative or judicial branch of the Government or  one  of  the
executive departments enumerated in section 101 of title 5.

(f)  This  section  does  not prohibit  any  lawfully  authorized
investigative,  protective, or intelligence  activity  of  a  law
enforcement agency of the United States, a State, or a  political
subdivision  of  a  State, or of an intelligence  agency  of  the
United States.

(g)  Any  person  who  suffers damage or  loss  by  reason  of  a
violation  of  the section, other than a violation of  subsection
(a)(5)(B),  may maintain a civil action against the  violator  to
obtain  compensatory  damages  and  injunctive  relief  or  other
equitable relief.  Damages for violations of any subsection other
than  subsection  (a)(5)(A)(ii)(II)(bb) or  (a)(5)(B)(ii)(II)(bb)
are  limited to economic damages.  No action may be brought under
this subsection unless such action is begun within 2 years of the
date of the act complained of or the date of the discovery of the
damage.

(h)  The Attorney General and the Secretary of the Treasury shall
report  to  the  Congress  annually, during  the  first  3  years
following   the  date  of  the  enactment  of  this   subsection,
concerning   investigations   and  prosecutions   under   section
1030(a)(5) of title 18, United States Code.

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