History
Bullied by his peers, Mathew had a difficult time with school and turned to the online world at night for an escape. Having been told ways to negate the phone system, he could call anywhere in the world without charges appearing on his bill. Mathew began to lead a double-life, a normal school life during the day followed by his now well publicized nocturnal activities.
On June 21, 1996 he was arrested in connection with hacking incidents relating to several sensitive USAF, NASA and NATO establishments. The United States Senate had already misinterpreted the situation and branded Mathew’s pseudonym Kuji as a “Foreign Agent, possibly of Eastern European origin”.
After 36 hours of interviews with police, he was charged with intent to secure access to computer systems belonging to the US Air Force and defense manufacturer Lockheed.
A US Air Force investigator summed up the risks and concerns brought about by their hacking, how Bevan’s alleged partner Richard Pryce (Datastream Cowboy), then 16 years old, hacked his way into a research facility in Korea, and dumped the contents of the Korean Atomic Research Institute’s database on the USAF system.
The concern was that if North Korea noticed, they would think the transfer of data was an intrusion by the US Air Force, and threaten physical retaliation for the espionage; fortunately it turned out to be South Korean data, significantly less volatile.
The timeline of the case went like this:
12 May 1994
Richard Pryce arrested and interviewed. Bailed to 21 July 1994.
21 July 1994
Richard Pryce interviewed again. Bailed to 23 November 1994.
14 October 1994
Papers received by Crown Prosecution Service from police.
11 November 1994
Crown Prosecution Service have conference with police. Decide to bail Pryce for a further 3 months to obtain further evidence.
17 May 1995
Police send further report to Crown Prosecution Service for advice.
7 June 1995
Richard Pryce charged with 12 offences contrary to Section 1 of the Computer Misuse Act.
19 June 1996
Pryce charged with Conspiracy.
Arrested 21 June 1996 10:00am
I’m arrested (at work), taken for interrogation and search of home.
Charged 22 June 1996 19:47pm
Charged with two counts of conspiracy:
a. On or before 14th May 1994 within the jurisdiction of the Central Criminal Court you did conspire with Richard Pryce (also known as Datastream Cowboy) or others to cause a computer to perform a function with intent to secure access to any program or data held on computer systems belonging to the United States AirForce, Lockheed Space and Missile Company, or others, knowing that such access would be unauthorised.
Contrary to Section 1(1) Criminal Law Act 1977.
b. On or before 14th May 1994 within the jurisdiction of the Central Criminal Court you did conspire with Richard Pryce (also known as Datastream Cowboy) or others to cause the modification of any program or data held on computer systems belonging to the United States AirForce, Lockheed Space and Missile Company, or others, knowing that such modification would be unauthorised.
Contrary to Section 1(1) Criminal Law Act 1977.
Remanded to appear at Bow Street at 10:00 am on Thursday 11th July 1996.
Bow Street 14 March 1997 10:00am
Appearance adjourned. Crown indicated a wish to proceed with 12 section(1) offences and 3 section(3) offences for myself and Pryce.
Remanded to appear at Bow Street at 10:30 am on the 21.03.97.
Bow Street 21 March 1997 10:30am
Pryce changed plea to guilty, accepting 12 section(1) offences with 3 section(3) taken into consideration. Fined ?100 per charge, had computer equipment confiscated and ordered to pay ?250 costs.
Charges changed for myself to 3 Section(3) offences:
a. Between 1st March and 12th March 1994 did an act which caused an unauthorised modification of the contents of a computer, namely placing a program known as a sniffer into the operating or file system of a computer with the address homer.flex.rl.af.mil at Rome Laboratory, Griffiss AirForce base, Rome, New York, United States of America. With intent to impair the operation of that computer.
Contrary to Section(3) of the Computer Misuse Act 1990.
b. Between 1st March and 12th March 1994 did an act which caused an unauthorised modification of the contents of a computer, namely placing a program known as a sniffer into the operating or file system of a computer with the address jose.flex.rl.af.mil at Rome Laboratory, Griffiss AirForce base, Rome, New York, United States of America. With intent to impair the operation of that computer.
Contrary to Section(3) of the Computer Misuse Act 1990.
c. Between 1st March and 12th March 1994 did an act which caused an unauthorised modification of the contents of a computer, namely placing a program known as a sniffer into the operating or file system of a computer with the address yosemite.space.lockheed.com at the Lockheed Missile and Space Company Palo Alto, California, United States of America. With intent to impair the operation of that computer.
Contrary to Section(3) of the Computer Misuse Act 1990.
Bow Street 22 April 1997 11:00am
Application made for disclosure of three computer programs; namely: Pathfinder, Stethoscope and Network Security Monitor.
Stipendiary Magistrate reserved decision and adjourned until
30th May 1997.
Bow Street 30 May 1997 11:00am
Stipendiary Magistrate gave his judgment against disclosure..
Cardiff 12 August 1997
Position reconsidered by Solicitor and Bevan upon advice of Counsel then instructed. In the light of Counsel’s advice, Defence decide to seek reconsideration of mode of trial and seek trial at Crown Court and a transfer to Cardiff. CPS informed and agree to re-opening of mode of trial.
Bow Street 13 August 1997 11:00am
Application made to return to Mode of Trial. Magistrate accepted this and declared No Jurisdiction for Magistrates Court.
Southwark Crown Court 13 August 1997
Mode of trial re-opened on application by Defence with agreement of Crown. Stipendiary Magistrate agrees to commit to Crown Court following representations by both parties as to complexity of case and practical difficulties in presentation of the evidence at Bow St. Court. Committed for trial at Crown Court at Southwark. Subsequent application to be made for transfer to Crown Court at Cardiff.
Bailed unconditionally to appear at Southwark Crown Court at 11:00 am on the 11.09.97.
Southwark Crown Court 11 September 1997
PDH at Crown Court at Southwark, HH Judge Rivlin QC. Ordered, inter alia, that Defence put application for transfer to Crown Court at Cardiff in writing.
Prosecution indicate that pleas of guilty to Section 1 offences acceptable.
Old Bailey 29 September 97
Application before Wright J. at Old Bailey for transfer to Crown Court at Cardiff refused.
Woolwich Crown Court 03 November 1997
Further Plea & Directions hearing at Crown Court at Woolwich, HH Judge Rivlin QC.
Adjourned to 21 November for Crown to consider its position in the light of the learned judge’s comments concerning the conduct of the case.
If the Crown proposes to proceed there to be submissions from both sides as to ‘abuse of process’ on 21 November 1997, skeleton arguments in advance.
Woolwich Crown Court, Friday 21 November 1997
Some 18 months later, the CPS decided that it was no longer in the public interest to pursue the case. They offered ‘no evidence’ which resulted in a full acquittal being recorded.