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Letter from Cybersalem #0
"So you must be the first that gives this sentence, And he, that suffer's. O, it is excellent To have a giant's strength; but it is tyrannous To use it like a giant.", Shakespeare, Measure for Measure, Act II, Scene II.
"Let me put a footnote in the record here. This case is complex because of the technology involved, but the facts really are not complex. The factual issues are not all that complex." Judge Alan C. Bonebrake, from Tr. 7-25-95, page 5, lines 20-24.
The transcripts for the trial of Randal Schwartz on computer crime charges have, in major part, come out. Important pieces are still missing, but all the testimony heard by the jury seems to be there. The tale it tells is important: to anyone in the computer field, to Americans and to anyone who believes in human rights.
The public issues aside, this transcript is a fascinating glimpse into human behavior. Regard for authority replaced that for evidence, much less reason. And for police, D.A., court and local paper, authority had a special meaning -- Intel. Their refusal to force Intel to reveal much about the case leaves Intel's inner workings much more mysterious. To this date we don't even know who at Intel set these events in motion by demanding the prosecution of Randal. We do see Intel working at its lower levels, and there fellow professionals will be far from happy to see engineers show far greater zeal in and talent for the neutralization of competent peers than their craft.
Those contemplating dealings with Intel or transplantation to Oregon will find much guidance in this story. And while I would not recommend this matter be the sole guide for a significant decision, it would be an unwise sanguinity which dismissed its lessons.
Bleak as this record is (and it is very bleak), there is nobility and heroism. Friends and colleagues withstand the hysteria and stand by Randal. Some brave Intel employees speak truths inconvenient to the faction of their employer which has shown it can make the Oregon authorities do its degrading bidding. And there is Randal himself, who while beset by envious parasites remains unshaken in his determination to be productive and generous in spirit.
The above quote, in which the presiding judge announces (with the jury absent) that he has seen through the techo-babble into the heart of the case, has interesting context. A juror was late for a vacation, for which he had made a non-refundable prepayment. In fact, his family was already in the San Juan Islands. He had told the judge that it would be "an imposition" if deliberations continued into the day after the case was given the jury [1]. An alternate was available and the defense, thinking this juror might feel rushed if deliberations carried on, moved to have him replaced. (It's a rule of thumb that fast verdicts are convictions.) Judge Bonebrake denied the defense request and kept the juror.
As for the core issues of Oregon v. Schwartz being both simple and non-technical, truer words have never been spoken.
Note 1: See Tr. 7-19-95, page 151, lines 21 to page 152, line 11 and Tr. 7-20-95, page 86, lines 9-10.
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