Robert Schifreen
Encyclopedia
Robert Jonathan Schifreen (born October 1963) was a UK-based computer hacker, magazine editor, and later became a computer security consultant. He was the first person charged with illegally accessing a computer system, but was acquitted because there was no such specific criminal offence at the time. Later in life he became an IT security trainer.
emails of Prince Philip
. As there was no specific law against hacking at this time, in June 1985 he became (together with a codefendant) the first person to be charged under section 1 of the Forgery and Counterfeiting Act 1981
with forgery which deceived a non-human target. When the case came to trial in April 1986, Schifreen was said to have used an unprotected top level account identified as "2222222222" with a password of "1234"; Schifreen was said to have admitted obtaining user passwords but denied doing so for personal gain and said that his activities prompted Prestel to increase security. On 24 April 1986 Schifreen was convicted on six counts of forgery and fined £750.
was heard by three judges including the Lord Chief Justice
, Lord Lane
; judgment was given on 21 July 1987, and found that the use of a charge of forgery was inappropriate and that an application that the charges should be dismissed as giving no case to answer should succeed. The judgment expressed the hope that "the Procrustean attempt to force the facts into the language of an Act not designed to fit them" would not be repeated.
, but the appeal was turned down in April 1988. The Law Lords agreed that the "making of a false instrument", a key part of proving a forgery case, revolved around the production of a "memory segment" with false information; as the computer had created this rather than Schifreen himself, the computer had effectively "forged itself". This case led to introduction of the Computer Misuse Act 1990
.
action against the police for the return of his computers. For some years, Schifreen was the editor of .EXE Magazine
, a magazine for programmers. 'hex
', his online name (shortened from the punning 'hex maniac'), was an active CIX
en from the late 1980s, at a time when online communities
were still a rare novelty.
Schifreen now lives in East Sussex working as an IT Security Trainer and Web Developer at Brighton University and runs an IT security consultancy. He regularly speaks at conferences and writes articles for the computer press and other publications. In 2006 John Wiley & Sons
published his book, Defeating the Hacker.
Trial
He was arrested in 1985 for hacking into a British Telecom computer and accessing the Telecom GoldTelecom Gold
Telecom Gold was an early commercial electronic mail service launched by British Telecom in 1982. It was based on Prime minicomputers running Dialcom software...
emails of Prince Philip
Prince Philip, Duke of Edinburgh
Prince Philip, Duke of Edinburgh is the husband of Elizabeth II. He is the United Kingdom's longest-serving consort and the oldest serving spouse of a reigning British monarch....
. As there was no specific law against hacking at this time, in June 1985 he became (together with a codefendant) the first person to be charged under section 1 of the Forgery and Counterfeiting Act 1981
Forgery and Counterfeiting Act 1981
The Forgery and Counterfeiting Act 1981 is an Act of the Parliament of the United Kingdom. It replaces the Forgery Act 1913, the Coinage Offences Act 1936 and parts of the Forgery Act 1861...
with forgery which deceived a non-human target. When the case came to trial in April 1986, Schifreen was said to have used an unprotected top level account identified as "2222222222" with a password of "1234"; Schifreen was said to have admitted obtaining user passwords but denied doing so for personal gain and said that his activities prompted Prestel to increase security. On 24 April 1986 Schifreen was convicted on six counts of forgery and fined £750.
Appeal
Schifreen's appeal to the Court of AppealCourt of Appeal of England and Wales
The Court of Appeal of England and Wales is the second most senior court in the English legal system, with only the Supreme Court of the United Kingdom above it...
was heard by three judges including the Lord Chief Justice
Lord Chief Justice of England and Wales
The Lord Chief Justice of England and Wales is the head of the judiciary and President of the Courts of England and Wales. Historically, he was the second-highest judge of the Courts of England and Wales, after the Lord Chancellor, but that changed as a result of the Constitutional Reform Act 2005,...
, Lord Lane
Geoffrey Lane, Baron Lane
Geoffrey Dawson Lane, Baron Lane AFC PC QC was a British Judge who served as Lord Chief Justice of England from 1980 to 1992. The later part of his term was marred by a succession of disputed convictions...
; judgment was given on 21 July 1987, and found that the use of a charge of forgery was inappropriate and that an application that the charges should be dismissed as giving no case to answer should succeed. The judgment expressed the hope that "the Procrustean attempt to force the facts into the language of an Act not designed to fit them" would not be repeated.
Law Lords
The Crown then appealed to the House of LordsJudicial functions of the House of Lords
The House of Lords, in addition to having a legislative function, historically also had a judicial function. It functioned as a court of first instance for the trials of peers, for impeachment cases, and as a court of last resort within the United Kingdom. In the latter case the House's...
, but the appeal was turned down in April 1988. The Law Lords agreed that the "making of a false instrument", a key part of proving a forgery case, revolved around the production of a "memory segment" with false information; as the computer had created this rather than Schifreen himself, the computer had effectively "forged itself". This case led to introduction of the Computer Misuse Act 1990
Computer Misuse Act 1990
The Computer Misuse Act 1990 is an Act of the Parliament of the United Kingdom, introduced partly in response to the decision in R v Gold & Schifreen 1 AC 1063 . Critics of the bill complained that it was introduced hastily and was poorly thought out...
.
Later life
After his acquittal, Schifreen had to take a judicial reviewJudicial review
Judicial review is the doctrine under which legislative and executive actions are subject to review by the judiciary. Specific courts with judicial review power must annul the acts of the state when it finds them incompatible with a higher authority...
action against the police for the return of his computers. For some years, Schifreen was the editor of .EXE Magazine
.EXE Magazine
.EXE Magazine was a monthly computer software magazine published in the United Kingdom in the 1980s and 1990s.Unlike the majority of the hobbyist-centred computer magazines of this period, .EXE was aimed at professional programmers, both those employed in large companies and also the increasing...
, a magazine for programmers. 'hex
Hexadecimal
In mathematics and computer science, hexadecimal is a positional numeral system with a radix, or base, of 16. It uses sixteen distinct symbols, most often the symbols 0–9 to represent values zero to nine, and A, B, C, D, E, F to represent values ten to fifteen...
', his online name (shortened from the punning 'hex maniac'), was an active CIX
CIX
CIX was one of the earliest British Internet service providers. Founded in 1983 by Frank and Sylvia Thornley, it began as a FidoNet bulletin board system, but in 1987 was relaunched commercially as CIX...
en from the late 1980s, at a time when online communities
Online community
An online community is a virtual community that exists online and whose members enable its existence through taking part in membership ritual. An online community can take the form of an information system where anyone can post content, such as a Bulletin board system or one where only a restricted...
were still a rare novelty.
Schifreen now lives in East Sussex working as an IT Security Trainer and Web Developer at Brighton University and runs an IT security consultancy. He regularly speaks at conferences and writes articles for the computer press and other publications. In 2006 John Wiley & Sons
John Wiley & Sons
John Wiley & Sons, Inc., also referred to as Wiley, is a global publishing company that specializes in academic publishing and markets its products to professionals and consumers, students and instructors in higher education, and researchers and practitioners in scientific, technical, medical, and...
published his book, Defeating the Hacker.