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One hundred four years of editorial freedom
February 10, 1995
in Internet case
By Josh White
Daily Staff Reporter
In what could be a precedent-set-
ting case for Internet communications
w, FBI agents arrested LSA sopho-
re Jake Baker yesterday on charges
stemming from e-mail messages and
Internet postings he had written in the
last two months.
Abraham Jacob Alkhabaz, also
known as Jake Baker, was arraigned
in U.S. District Court following his 1
p.m. arrest at his attorney's office in
Ann Arbor. U.S. Magistrate Judge
Thomas A. Carlson denied bail for
ker, who was admitted to the Wayne
r nty Jail at 6 p.m. as a federal
prisoner. Baker goes by his mother's
last name, instead of Alkhabaz.
U.S. Attorney Saul A. Green said
in a statement that Baker has been
charged with criminal "transmission
in interstate or foreign commerce of a
communication containing any threat
to kidnap any person or any threat to
i ure the person of another."
A further hearing is scheduled for
tomorrow in the U.S. District Court
on Lafayette Street in Detroit, where
prosecutors will ask for bail to be set
at $100,000, said Sam Hutchins, who
works in the Detroit U.S. Attorney's
Baker was denied bail because
Carlson deemed him a threat to society.
University officials met yesterday
a hearing to discuss Baker's sus-
tension from school. The hearing
lasted until 5:30 p.m., when officials
postponed proceedings until next
week. Baker, due to his arrest, was
unable to attend.
University President James J.
Duderstadt suspended Baker after
learning of the Internet messages.
The federal charge against Baker
carries a maximum sentence of five
years in prison, Hutchins said. He also
said that this case is the first of its kind.
"As far as this office can deter-
mine, there is no precedent for a case
that involves the Internet," Hutchins
said. "This case will probably break
new legal ground."
David Cahill, Baker's attorney,
will not represent Baker in the crimi-
nal case because he does not do crimi-
nal work. "We're in the process of,
retaining a criminal law specialist who
does federal work," he said.
Cahill continues to support Baker
in his case.
"I think it's been blown totally out
of proportion," Cahill said. "Nothing's
happened. It's admitted that nothing
Cahill said he will continue to
counsel Baker for the University's
suspension hearing, and will act as an
adviser for the criminal case.
FBI Special Agent Greg Stejskal
filed the official complaint against
Baker. He said in an affidavit that
federal agents were alerted to the case
after Department of Public Safety
officers discovered questionable mes-
sages in Baker's e-mail account. Of-
ficers were originally led to Baker
after a University alum in Moscow
found a sexual fantasy Baker had
posted on the Internet.
Baker signed a letter of consent
that authorized DPS to search his be-
longings, including his computer files.
He also initially waived his Miranda
By Ronnie Glassberg
Daily Staff Reporter
Following the arrest of LSA sopho-
more Jake Baker on federal charges
yesterday, newly released evidence
has brought support to the University's
decision to suspend him.
The U.S. Attorney's Office re-
leased e-mail messages between
Baker and an Ontario man, Arthur
Gronda, in which the two discuss tor-
turing a woman.
"I think the University is correct
to be worried about danger to other
students," said Joan Lowenstein, a
communication lecturer who teaches
a course on First Amendment law.
"The University acted responsibly,
but there may not be a criminal case
Vince Keenan, chair of the Michi-
gan Student Assembly Students
Rights Commission, shared a view
similar to Lowenstein.
"In light of the new evidenceI think
my concern for anyone named in his
fantasies extends further than when it
was just the first message posted that
had the name in it," Keenan said.
University President James J.
Duderstadt suspended Baker last
Thursday under Regents' Bylaw 2.01,
which gives the president the power
to maintain the "health, diligence and
order among the students."
Yesterday, the University pro-
ceeded with an internal hearing on the
matter for about four hours without
See STUDENT, Page 2
David Cahill, attorney for LSA sophomore Jake Baker, fields questions from reporters yesterday after a University
hearing to discuss Baker's suspension.
Cahill said a psychologist in Ohio
far as this offce can determine, who examined Baker on Tuesday de-
As termined he was not a threat to him-
there is no precedent for a case that self or others.
"We had a local psychiatrist who
inv lve th Inern t.sai th sae tig: Fantasies are not
- Sam Hutchins
Detroit U.S. Attorney's Office
DPS came across a posted Internet
message in which Baker described
the "desire to commit acts of abduc-
tion. bondage, torture. mutilation.
sodomy, rape and murder of young
women."according to Stejskal's state-
ment. The Internet message specifi-
cally named a female University stu-
dent, who was in Baker's Japanese
class during fall semester.
Stejskal said that the female is
aware of Baker's message about her
and that she is "frightened and intimi-
dated by it."
The female student's father told
The Michigan Daily last night that he
did not want to comment on the case.
"This is her situation," her father
said in a telephone interview from his
home. "She's a big girl. She takes
care of herself. That's all I care to say
threats," Cahill said.
Charges against Baker come in
large part from the uncovering of e-
mail messages he sent to an Ontario
man identified as Arthur Gronda, the
court affidavit says.
Following the initial DPS investi-
gation, Baker signed consent forms
that allowed DPS "to search -and/or
access his room, personal papers and
computer files," the affidavit says. In
searching his e-mail account, DPS
found messages in which "Baker and
See INTERNET, Page 2
In B-School speech, Kemp
By Zachary M. Raimi
Daily Staff Reporter
Jack Kemp, secretary of Housing and Urban Develop-
ment under President Bush, spoke to promote capitalism,
cuts and the end of welfare in the Business School
"We are living in the most exciting time in the history
of the world," said Kemp, who an-
nounced last week that he will not
seek the 1996 Republican presiden-
tial nomination. Kemp spoke to a what's a
crowd of more than 500 people yes-
terday, delivering the inaugural ad- change it
dress of the J. Ira Harris Lectureship
series at Hale Auditorium.
* "The quest of freedom has inexo- former
rably led to the collapse of ... every
'ism' that is at odds with our basic human nature," he said,
referring to communism, fascism and socialism.
Kemp said capitalism is a needed tool of a healthy
economy. "The first thing I'd like to establish as a premise
is that every single unit on this Earth is a resource - every
person is a resource," Kemp said, adding that it is neces-
sary to convert these resources under capitalism.
Kemp cited his father, a truck driver, as an example.
After hard work, his dad bought his own truck, and then
other, which "made him a capitalist."
Speaking about the huge inequality between the rich
and poor, Kemp said, "It is always the wealthy that hurt the
poor." He listed four solutions: adopting a flat tax rate
between 17 and 20 percent, backing up the dollar with
gold, free trade, and privatizing public housing. Kemp also
said he supports a drastic reduction in the capital gains tax.
Speaking of taxes, Kemp said, "The ladder goes high
si, tax cuts
in America. The problem is, it doesn't go deep enough.
"There are answers. I just came to provoke an argu-
ment," he said. "The ultimate responsibility is on your
shoulders. ... If you don't like what's happening, change it."
Alluding to Martin Luther King's dream of an inte-
grated society, Kemp said his solutions will help all
people. "It's not
- Jack Kemp
the color of the skin, (it's) how we
unleash the talent," he said.
Kemp later focused on other top-
ics, including the welfare system.
"The welfare system today is such
a disgrace. (It's a) Third World so-
cialist scheme to break up families.
It's obscene what we do to people."
Kemp said the system must offer
incentives for savings, ownership and
education, which "lead to capital."
health care funds
LANSING (AP) - Gov. John Engler laid out an $8.5
billion budget for 1996 on Thursday, targeting most of its
$380 million increase on new prison cells and health care
for the poor.
Several minority Democratic lawmakers objected to
the cutoff of about $5.6 million in state funding for
financially troubled Highland Park Community College.
They also questioned ending of a 19-year program that
spends some $3 million a year on college tuition for
But the spending planr
generally got a mild re-
ception in the Legislature,
which is controlled by
The new general fund
budget is a 4.7 percent
increase over the current
budget of $8.1 billion. The
general fund is the state's
When all funds - in-
cluding federal money
and restricted funds ear- Engler
marked for specific pro-
grams with no legislative discretion - are counted, the
total 1996 budget is $28.5 billion, up 3.3 percent.
Acting Budget Director Mark Murray said Engler
had been able to cut the Department of Social Services
budget for four of the past five years, but new federal
mandates on Medicaid, coupled with reduced federal
Medicaid funds, had forced a big jump.
The rising Medicaid costs will force the state to spend
$249 million more, an overall increase of 11.3 percent,
to $2.44 billion, he said.
The budget contains no increase in welfare grants, which
have remained unchanged since the late 1980s, Murray said.
And Department of Corrections spending will go up
some $100 million, Murray said, adding about half of that
would pay foropening'up 2,500 new prison beds and raising
the number of parole and probation officers by 62, to 965.
In a question-and-answer session following the speech,
Kemp explained why he will not seek the '96 Republican
presidential nomination. He said disenchantment with fund
raising deterred him, estimating that he would have to raise
$25 million in nine months to have a viable candidacy.
Besides, Kemp said, "I don't think you have to run for
President to keep the ideas alive."
Filled with lively anecdotes and many one-line jokes,
Kemp lost his footing once while answering a question
and fell off the stage.
"I've never fallen off a stage in my life. That will be the
headline in the paper," Kemp quipped.
Kemp also said he supports the principles of affirma-
tive action but opposes California's Proposition 187, and
feels the anti-trust exemption for Major League Baseball
should be abolished.
After the speech, Kemp defended his endorsement of
Jack Kemp speaks about capitalism at the Business
School's Hale Auditorium yesterday.
major tax cuts in the midst of a $190 billion federal deficit.
"The budget deficit is the phoniest issue in America
today," he said. Kemp said that he considers a balanced
budget a worthy goal, but does not endorse the balanced
budget amendment being discussed in Congress.
Jeanette Larner, College Republicans vice president,
said, "I think Jack Kemp did a superb job of touching on
the reforms we need to work in our economy, like cutting
the capital gains tax."
But LSA sophomore Donna Wolfe disagreed. "I dis-
agree with the fact that the capital gains tax should be
eliminated. I just think it should be indexed," she said.
Quayle announces he will not seek GOP nomination
Los Angeles Times
WASHINGTON - Further contracting
an already narrow Republican field, former
Vice President Dan Quayle unexpectedly
- These high-profile departures underscore
the extent to which the acceleration of the
1996 primary calendar is changing the fun-
damental dynamics of the presidential race.
whose firm has done work for Dole's ex-
Though Quayle said he was convinced
he could raise "the necessary funds" to com-