Massachusetts Bay Transportation Authority v. Anderson et al

Filing 49

AFFIDAVIT in Support re 26 MOTION for Reconsideration re 12 Order on Motion for TRO -- Declaration of Corynne McSherry filed by Zack Anderson, RJ Ryan, Massachusetts Institute of Technology. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14)(Brown, Thomas)

Massachusetts Bay Transportation Authority v. Anderson et al

Doc. 49

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS MASSACHUSETTS BAY TRANSPORTATION AUTHORITY, Plaintiff, v. ZACK ANDERSON, RJ RYAN, ALESSANDRO CHIESA, and the MASSACHUSETTS INSTITUTE OF TECHNOLOGY, Defendants. DECLARATION OF CORYNNE MCSHERRY IN SUPPORT OF MOTION FOR RECONSIDERATION OF TEMPORARY RESTRAINING ORDER I am an attorney with the Electronic Frontier Foundation, co-counsel for the Defendants Zack Anderson, RJ Ryan, and Allesandro Chiesa in the above-captioned matter. I have personal knowledge of the matters stated in this declaration. If called upon to do so, I am competent to testify to all matters set forth herein. 1. Attached hereto as Exhibit 1 is Hiawatha Bray, T Card Has Security Flaw, Says Researcher, Boston Globe, Mar. 6, 2008, downloaded August 17, 2008 from http://www.boston.com/business/articles/2008/03/06/t_card_has_security_flaw_sa ys_researcher. 2. Attached hereto as Exhibit 2 is Marie Szaniszlo, Research: Charlie Card is Far From Hack Proof, Boston Herald, Mar. 6, 2008, downloaded August 17, 2008, from http://news.bostonherald.com/news/regional/general/view.bg?articleid=1078138. 3. Attached hereto as Exhibit 3 is Bruce Schneier, Why Being Open About Security Makes Us All Safer in the Long Run, The Guardian, Aug. 7, 2008, downloaded Civil Action No. 08-11364-GAO

Dockets.Justia.com

August 17, 2008, from http://www.guardian.co.uk/technology/2008/aug/07/hacking.security. 4. Attached hereto as Exhibit 4 is MIT Blocks Students from Revealing Fare Tips, Boston Globe, Aug. 10, 2008, downloaded August 17, 2008 from http://www.boston.com/news/local/massachusetts/articles/2008/08/10/mbta_block s_mit_students_from_revealing_fare_tips/. 5. Attached hereto at Exhibit 5 is Christopher Baxter, MIT Students' Report Makes Security Recommendations, Boston Globe, Aug. 12, 2008, downloaded August 17, 2008 from http://www.boston.com/news/education/higher/articles/2008/08/12/mit_students_r eport_makes_security_recommendations_to_t/. 6. Attached hereto as Exhibit 6 is George Hulme, MBTA: Legally Shackling Security Researchers Rarely Works, InformationWeek Security Weblog, Aug. 14, 2008, downloaded August 17, 2008, from http://www.informationweek.com/blog/main/archives/2008/08/mbta_legally_sh.h tml. 7. Attached hereto as Exhibit 7 is Marie Szaniszlo, Board Member Demands MBTA Audit, Boston Herald, Aug. 13, 2008, downloaded August 17, 2008 from http://news.bostonherald.com/news/regional/politics/view/2008_08_14_Board_m ember_demands_MBTA_audit/srvc=home&position=also. 8. Attached hereto as Exhibit 8 is Maddie Hanna, Court Tells Students to Disclose Hacker Secrets in T Case, Boston Globe, Aug. 14, 2008, downloaded August 17, 2008 from http://www.boston.com/news/local/articles/2008/08/15/court_tells_students_to_di sclose_hacker_secrets_in_t_case/. 9. Attached hereto as Exhibit 9 is Boston Globe Editorial Board, Hacking and Free Speech, Boston Globe, Aug. 14, 2008, downloaded August 17, 2008 from

http://www.boston.com/bostonglobe/editorial_opinion/editorials/articles/2008/08/ 14/hacking_and_free_speech/?page=full. 10. Attached hereto as Exhibit 10 is KiMae Heussner, Leading Computer Scientists Defend Student Hackers, ABCnews.com, Aug. 14, 2008, downloaded on August 17, 2008 from http://www.abcnews.go.com/Technology/story?id=5581876&page=1 11. Attached hereto as Exhibit 11 is Marie Szanislow, MIT Students Must Turn In Charlie Card Data Today, Boston Herald, Aug. 15, 2008, downloaded on August 17, 2008 from http://news.bostonherald.com/news/regional/general/view/2008_08_15_MIT_stud ents_must_turn_in_CharlieCard_data_today/. 12. Attached hereto as Exhibit 12 is Robert Caron, Missed Opportunity On MBTA Security, Letters to the Editor, Boston Globe, Aug. 16, 2008, downloaded Aug. 17, 2008 from http://www.boston.com/bostonglobe/editorial_opinion/letters/articles/2008/08/16/ missed_opportunity_on_mbta_security/. 13. Attached hereto as Exhibit 13 is Harvey Silverglate, National Security and Free Speech, Boston Globe, August 16, 2008, downloaded August 17, 2008 from http://www.boston.com/bostonglobe/editorial_opinion/oped/articles/2008/08/16/n ational_security_and_free_speech/. 14. Attached hereto as Exhibit 14 is Ben Arnoldy and Uri Friedman, Not So Smart Cards Easily Hacked, Christian Science Monitor, August 18, 2008, downloaded August 18, 2008 from http://www.csmonitor.com/2008/0819/p01s01-usgn.html.

Signed under penalty of perjury this 18th day of August 2008 in San Francisco, California.

__/s/____________________ Corynne McSherry, Esq.