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:
- prosecution and punishment of people for writing
or releasing a computer virus has been rare,
- the public records have never been published and I could not
find them in a search on the Internet on 3 Sep 2002,
- I hope to assist prosecutors in future cases involving malicious
computer programs, and
- I hope that readers will see the seriousness of writing or
releasing malicious computer programs, such as a virus or worm.
Because I believe that this historical document should be readily available,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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Examples of Malicious Computer Programs
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