Indictment in the MBDF Virus Case

Introduction

My essay, Examples of Malicious Computer Programs, discusses the MBDF computer virus and the legal consequences. The MBDF virus was written by David S. Blumenthal and released by Mark A. Pilgrim and two other students at Cornell University.

I have posted the public record from this MBDF virus case because:
Because I believe that this historical document should be readily available, I acquired a photocopy of the Indictment from the court clerk of the Tompkins County Court in Ithaca, New York, scanned it, used optical character recognition software to convert the document to ASCII text, formatted the text in HTML, and posted it on the Internet at http://www.rbs2.com/dsb.htm
The court clerk has informed me that there is no written record of either the plea bargain on 4 Sep 1992 or the sentence on 5 Oct 1992.

The indictment also contains the name of a third defendant, which is blacked out in my photocopy, apparently because he later had his record expunged.

Ronald B. Standler
26 Sep 2002


State of New York
County Court : County of Tompkins

The People of the State of New York
vs.
David Blumenthal
Mark Pilgrim

Superseding Indictment

Ind. No. 92-072-A

Charges Against Defendant Blumenthal Only

COUNT 1

The Grand Jury of Tompkins County accuses defendant Blumenthal of COMPUTER TAMPERING IN THE SECOND DEGREE in violation of Penal Law 156.20, committed as follows:

In or about the period between December 5, 1991, and December 10, 1991, in Tompkins County, defendant Blumenthal used or caused to be used a computer or computer service and having no right to do so he intentionally altered in any manner or destroyed computer data or a computer program of another person.

COUNT 2

The Grand Jury of Tompkins County accuses defendant Blumenthal of FORGERY IN THE SECOND DEGREE in violation of Penal Law 170.10(1), committed as follows:

In or about the period between February 10, 1992, and February 11, 1992, in Tompkins County, defendant Blumenthal, with intent to defraud, deceive or injure another, falsely made, completed or altered a written instrument which was or purported to be, or was calculated to become or to represent if completed, an instrument evidencing, creating, transferring, terminating, or otherwise affecting legal right, interest, obligation or status.

COUNT 3

The Grand Jury of Tompkins County accuses defendant Blumenthal of FALSIFYING BUSINESS RECORDS IN THE FIRST DEGREE in violation of Penal Law 175.10, committed as follows:

[Page 2 of 6]

In or about the period between February 10, 1992, and February 11, 1992, in Tompkins County, defendant Blumenthal, with intent to defraud, made or caused a false entry in the business records of an enterprise, and his intent to defraud included an intent to commit another crime or to aid or conceal the commission thereof.

COUNT 4

The Grand Jury of Tompkins County accuses defendant Blumenthal of FORGERY IN THE SECOND DEGREE in violation of Penal Law 170.10(1), committed as follows:

In or about the period between February 14, 1992, and February 15, 1992, in Tompkins County, defendant Blumenthal, with intent to defraud, deceive, or injure another, falsely made, completed or altered a written instrument which was or purported to be, or was calculated to become or to represent if completed, an instrument evidencing, creating, transferring, terminating, or otherwise affecting a legal right, interest, obligation or status.

COUNT 5

The Grand Jury of Tompkins County accuses defendant Blumenthal of FALSIFYING BUSINESS RECORDS IN THE FIRST DEGREE in violation of Penal Law 175.10, committed as follows:

In or about the period between February 14, 1992, and February 15, 1992, in Tompkins County, defendant Blumenthal, with intent to defraud, made or caused a false entry in the business records of an enterprise, and his intent to defraud included an intent to commit another crime or to aid or conceal the commission thereof.

Counts Against All Defendants

COUNT 6

The Grand Jury of Tompkins County accuses the defendants of COMPUTER TAMPERING IN THE FIRST DEGREE in violation of Penal Law 156.25(4), committed as follows:

In or about the period between February 13, 1992, and February 22, 1992, in Tompkins County, the defendants used or caused to be used a computer or computer service and having no right to do so they intentionally altered in any manner or destroyed computer data or a computer program of another person, to wit, Kirke Lawton, in [Page 3 of 6] an amount exceeding one thousand dollars.

COUNT 7

The Grand Jury of Tompkins County accuses the defendants of COMPUTER TAMPERING IN THE FIRST DEGREE in violation of Penal Law 156.25(4), committed as follows:

In or about the period between February 13, 1992, and March 31, 1992, in Tompkins County, the defendants used or caused to be used a computer or computer service and having no right to do so they intentionally altered in any manner or destroyed computer data or a computer program of another person, to wit, Michael Volpe, in an amount exceeding one thousand dollars.

COUNT 8

The Grand Jury of Tompkins County accuses the defendants of COMPUTER TAMPERING IN THE FIRST DEGREE in violation of Penal Law 156.25(4), committed as follows:

In or about the period between February 13, 1992, and March 31, 1992, in Tompkins County, the defendants used or caused to be used a computer or computer service and having no right to do so they intentionally altered in any manner or destroyed computer data or a computer program of another person, to wit, all persons infected by the computer virus disseminated by the defendants, in an amount exceeding one thousand dollars.

COUNT 9

The Grand Jury of Tompkins County accuses the defendants of COMPUTER TAMPERING IN THE FIRST DEGREE in violation of Penal Law 156.25(4), committed as follows:

In or about the period between February 13, 1992, and April 3, 1992, in Tompkins County, the defendants used or caused to be used a computer or computer service and having no right to do so they intentionally altered in any manner or destroyed computer data or a computer program of another person, to wit, Cornell University, in an amount exceeding one thousand dollars.

COUNT 10

The Grand Jury of Tompkins County accuses the defendants of COMPUTER TAMPERING IN THE SECOND DEGREE in violation of Penal Law 156.20, committed as follows:

[Page 4 of 6]

In or about the period between February 13, 1992, and February 22, 1992, in Tompkins County, the defendants used or caused to be used a computer or computer service and having no right to do so they intentionally altered in any manner or destroyed computer data or a computer program of another person, to wit, Maynard Handley.

COUNT 11

The Grand Jury of Tompkins County accuses the defendants of ATTEMPTED COMPUTER TAMPERING IN THE SECOND DEGREE in violation of Penal Law 110.00 and 156.20, committed as follows:

In or about the period between February 13, 1992, and February 15, 1992, in Tompkins County, the defendants used or caused to be used a computer or computer service and having no right to do so they attempted intentionally to alter in any manner or to destroy computer data or a computer program of another person, to wit, uploading a computer virus to the bulletin board known as Prism.

COUNT 12

The Grand Jury of Tompkins County accuses the defendants of ATTEMPTED COMPUTER TAMPERING IN THE SECOND DEGREE in violation of Penal Law 110.00 and 156.20, committed as follows:

In or about the period between February 13, 1992, and February 15, 1992, in Tompkins County, the defendants used or caused to be used a computer or computer service and having no right to do so they attempted intentionally to alter in any manner or to destroy computer data or a computer program of another person, to wit, uploading a computer virus to the bulletin board known as Macalot.

COUNT 13

The Grand Jury of Tompkins County accuses the defendants of ATTEMPTED COMPUTER TAMPERING IN THE SECOND DEGREE in violation of Penal Law 110.00 and 156.20, committed as follows:

In or about the period between February 13, 1992, and February 15, 1992, in Tompkins County, the defendants used or caused to be used a computer or computer service and having no right to do so they attempted intentionally to alter in any manner or to destroy computer data or a computer program of another person, to wit, uploading a computer virus to the bulletin board known as Stichomythia.

[Page 5 of 6]

COUNT 14

The Grand Jury of Tompkins County accuses the defendants of ATTEMPTED COMPUTER TAMPERING IN THE SECOND DEGREE in violation of Penal Law 110.00 and 156.20, committed as follows:

In or about the period between February 13, 1992, and February 15, 1992, in Tompkins County, the defendants used or caused to be used a computer or computer service and having no right to do so they attempted intentionally to alter in any manner or to destroy computer data or a computer program of another person, to wit, uploading a computer virus to the bulletin board known as MacCincy.

COUNT 15

The Grand Jury of Tompkins County accuses the defendants of ATTEMPTED COMPUTER TAMPERING IN THE SECOND DEGREE in violation of Penal Law 110.00 and 156.20, committed as follows:

In or about the period between February 13, 1992, and February 15, 1992, in Tompkins County, the defendants used or caused to be used a computer or computer service and having no right to do so they attempted intentionally to alter in any manner or to destroy computer data or a computer program of another person, to wit, uploading a computer virus to the bulletin board known as NYMUG.

COUNT 16

The Grand Jury of Tompkins County accuses the defendants of ATTEMPTED COMPUTER TAMPERING IN THE SECOND DEGREE in violation of Penal Law 110.00 and 156.20, committed as follows:

In or about the period between February 13, 1992, and February 15, 1992, in Tompkins County, the defendants used or caused to be used a computer or computer service and having no right to do so they attempted intentionally to alter in any manner or to destroy computer data or a computer program of another person, to wit, uploading a computer virus to the bulletin board known as BMUG.

COUNT 17

The Grand Jury of Tompkins County accuses the defendants of ATTEMPTED COMPUTER TAMPERING IN THE SECOND DEGREE in violation of Penal Law 110.00 and 156.20, committed as follows:

In or about the period between February 13, 1992, and February 15, 1992, in Tompkins County, the defendants used or caused to be used a computer, or computer service and having no right to do so [Page 6 of 6] they attempted intentionally to alter in any manner or to destroy computer data or a computer program of another person, to wit, uploading a computer virus to the bulletin board known as MacProgrammer.

Dated: June 16, 1992
At: Ithaca, New York

[signed]
Michael A. Phelps
Grand Jury Foreman

[signed]
George M. Dentes
District Attorney

[End of Document]




this document is at   http://www.rbs2.com/dsb.htm
26 Sep 2002

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