Texas ASM • The Battalion ,i5 ' m— — b) Vol. 88 No. 18 GSRS 045360 12 Paqes College Station, Texas Wednesday 21, 1988 Tem e; ft ‘ sew- J u ry convicts nts &I ■virus’ planter 'Sistii; MiHFORT WOK 1 H (AP) — A district ,1 attorney who thinks he’s the first pr (cutor ever to have someone |, convicted for destroying computer ^^Bords using a computer “virus” Tuesday the case could light the ^^Hy for similar convictions. the past, prosecutors have ^^Hyed away from this kind of case B^Hhtuse they’re too hard to prove,” Tarrant County Assistant District ^^Btorney Davis McCown said. “They also been l eluctant because the ^^Htim doesn’t want to let anyone there has been a breach of se- ifiBrity.” Hhonald tiene Burleson, 40, was **' ' convicted Monday of charges of harmful access to a computer, a *"HRiid-degree felony that carries up 10 years in prison and up to **H$n,()00 in fines. ■A key to the case was the fact that ISIllStete District Judge John Bradshaw ^Howed the computer program that iro " I ddleted the files to be introduced PWBo the case as evidence, McCown -sani.. lmD P l Bit would have been difficult to get aconviction otherwise, he said. McCown spent most of three ^ji^Bais trying to win the conviction. far as I know, it’s the first case of this type in the nation. We’ve had ,^Bople stealing through computers, BHt not this type of case,” McCown “The basis for this offense is I deletion.” eatt^BBurleson planted the virus in re- aB^Bnge for his firing from an insur- B^Hce company, McCown said. ■^Bjurors were told during a techni- »PBl and sometimes-complicated trial n^^Batspanned three weeks that Burle son deliberately planted a rogue program in the computer system used to store records at USPA and IRA Co., a Fort Worth-based insur ance and brokerage firm. McCown said the so-called virus was programmed like a time bomb and was activated on Sept. 21, 1985, two days after Burleson was fired from his post as a computer pro grammer, because of alleged per sonality conflicts w ith other employ ees. The virus could have caused hun dreds of thousands of dollars in damage to the system, but was caught and expunged after it de stroyed a series of payroll records. McCown said the case may offer two precedents. One is admittance of the “virus” program as evidence — a strategy other attorneys may want to follow in similar cases, he said. The second is found in the convic tion itself. “It is legal precedent in that it makes new law, but it really won’t be strengthened until it’s upheld by a higher court,” McCown said. But that may never happen. Burleson’s lawyer, Jack Beech, maintained Burleson is innocent and said he is considering appeal but might not have enough money. Besides, Beech said, Burleson is likely to get the minimum sentence of two years’ probation. McCown is hoping for a stiffer sentence. “I think if he got probation and no fine, then it would be saying this crime is alright,” he said. »jMinority recruitment batitrBj J «boosts UT (WB At7STiN (AP) — Enrollment of ||?^fcnority students at the University mp: of Texas appears to have increased p^^Bis semester in what may be evi- n MiJdbnee that the school’s long-term mi- igtheBority recruiting efforts are paying ndc:Bff, officials said. injkB School officials said they expect won Biat enrollment of blacks will be up n g sfBv about 8 percent, with Hispanics seven:Bgher by 10 percent, hedlfl The gains won’t be known exactly ef jBntil after Wednesday, the 12th class R,Bay of the fall semester, th tut'®;;. tthe;B“I think the work that our staff ritinf Rts been doing over a long period of i first time has been bearing fruit. And I Biink the trips that (UT president Billiam) Cunningham and others ' ^kiyc been making to high schools ilesl have been having an impact,” said Bonald Brown, vice president for enrollment student at lairs. Cunningham visited about 50 Texas high schools last year to ad vertise the university and recruit mi nority students and others. Brown also said total university enrollment for the fall is expected to be higher than an early estimate of a record 49,500. “It appears the total will be closer to 50,000 than 49,500,” Brown said. The previous enrollment record at UT was 48,145. The university has been trying since the early 1980s to keep enrollment between 46,000 and 48,000. Despite efforts to limit overall en rollment, however, the university has been trying to attract more blacks and Hispanics. The number of minority students has been rising since the late 1970s. Photo by Sam B. Myers Looking glass A different view of the A&M football team as they prepare for this weekend’s game against Oklahoma State. Bush makes history by swearing in Cavazos as Secretary of Education WASHINGTON (AP) — The Senate unanimously confirmed Lauro Cavazos as education secre tary Tuesday and he was sworn in just three hours later by fellow Texan and Republican presidential candidate George Bush. In an East Room ceremony at the White House, President Reagan called Cavazos, the first Hispanic Cabinet member in history, “a ster ling example of the magnificent con tributions Hispanic Americans have made to our national life.” Vice President Bush gave Cava-, zos, a registered Democrat, the oath of office as Cavazos’ wife, Peggy, held the family bible. The couple’s 10 children also attended the cere mony. Cavazos, the president of Texas Tech University and its medical school, said Reagan’s leadership and commitment to education had truly helped this country make significant gains and strides. But, he said, we must awaken America to renew its commitment to education to help all citizens reach their potential. Earlier, senators praised Cavazos, the son of a Texas cattleman on the legendary King Ranch who worked his way through college and grad uate school to become president of Texas Tech University, as an Ameri can success story. Lauro Cavazos Hispanic leaders have questioned the timing of President Reagan’s de cision to nominate Cavazos in the waning months of his administration and suggest he was pandering to Hispanic votes to bolster Bush’s can didacy in Texas, one of the key bat tleground states in the November election. “I think the people see it for what it is,” said Rep. Albert Bustamante, a San Antonio Democrat and chair man of the Congressional Hispanic Caucus. Bustamante said “(voters will fo cus on) more substantial issues like cutbacks in education that occurred under this administration, (as well as in) housing, health care, stipends for higher education, grants; they’ll look at those things and they’ll review the record of both parties, and then they’ll decide and then they’ll not be for Bush and (Dan) Quayle.” Cavazos testified before the Sen ate Labor and Human Resources ( Committee that he had been asked if he wanted the post eight years ago but declined because he had just taken over as president of Texas Tech. Senators voted 94-0 to confirm Cavazos after members praised him as an ally in the education reform movement, an advocate of the fed eral government’s role in education, and a healing influence in place of outgoing Secretary William J. Ben nett. “It is a great testament to Larry Cavazos and his family that he has risen from the son of a cowboy to be come the first educator of America,” said Sen. Phil Gramm, R-Texas. “He’s committed to quality education for all our citizens.” “For the last seven years, mem bers of Congress from both sides of the aisle have worked hard to ensure that the federal goverment will con tinue to have a role in education. It is apparent that Dr. Cavazos will be an ally in these efforts in the future,” said Sen. Edward M. Kennedy, D- Mass. Cavazos, 61, is the first Hispanic and first graduate of Texas Tech to become the Lubbock university’s president. Prior to his appointment there in 1980, he was dean of the Tufts Med ical School in Boston. “I note that Dr. Cavazos has spent considerable time and compiled an excellent record in both Massachu setts and Texas,” said Kennedy. NASA inspector expects charges tudent Publication Board halts 989 video yearbook production By Susan B. Erb Staff Writer B The Student Publications Board voted Tuesday to forgo production of a 1988-1989 Texas A&M video fcarbook and placed legal, monetary Bid time restrictions on the final ■ages of the 1987-1988 project. ■ The board said if the 1987-1988 video yearbook, Aggievision, is to be Bistributed the staff must edit the “iS-minute tape to no more than 90 irinutes and attain copyright clear ances for background music at a cost Bf no more than $2,400 within three j|eeks. Aggievision will not produce a video yearbook for the 1988-1989 school year. Board member Dr. Manuel Da- jenport, professor of philosophies Ind humanites, said overall the vi- Beo is good but needs to be con densed. I “If it could be edited, reorganized Bnd cut down it would be a tape stu- ; dents would be interested in,” Da venport said. “In its present form it’s just too long.” The copyright-clearance provi sion refers to background music Ised for which final approval is pen ding. To go ahead with distribution !pf the video without proper clear ance could cause legal problems. Aggievision editor, Greg Keith, laid he believes the requirements can ie met but that meeting the music lequirement will be difficult. “We are going to do whatever we need to do to get it out,” Keith said. “The only thing I'm really worried about is the music. Music is really ex pensive. It’s the only thing I don’t think they really set a reasonable deadline on.” Bob Rogers, chairman of the Stu dent Publications Board and head of the Department of Journalism, ad vised that Aggievision not produce a 1988-1989 video yearbook and take the time to rethink the project orga nization and budgeting. “Lots of developments lead us to believe it can be done differentlv,” Graphic by Carol Wells Rogers said. “We need to take time to study this.” If issued, the 1987-1988 Aggievi sion will be the first video yearbook at A&M. Donald C. Johnson, coordinator of Student Publications and associate professor of journalism, said the idea of a video yearbook was origi nally proposed in 1984. The Video Aggieland, the 1986- 1987 video yearbook, was launched in 1986 with the Student Publica tions Board’s approval of a $50,000 budget for the 1986-1987 school year and a tentative $50,000 budget for the following year with the stip ulation that if the project operated at a loss during its first year of opera tion the budget would be resub mitted for the board’s appt oval. Johnson said a complete project proposal, including the purchase of video equipment to be used by the Video Aggieland staff and for broadcast journalism classes, was ap proved by former A&M President Frank E. Vandiver. “The day before interviews for editor were to start,” Johnson said, “w'e got a sudden call f rom the pro vost’s office saying there was a prob lem. We asked if we should go ahead with the interviewing and they said yes.” Johnson said the provost’s office didn’t say what the problem was. It .wasn’t until after they had picked an editor, he said, that they learned of Vandiver’s approval of a KAMU- proposed video yearbook that was part of a package of proposed pro jects. The outcome, following a sum mer of negotiations, was that a video yearbook could be implemented, and staffed by A&M students, if they rented their video equipment from KAMU. Out-of-pocket expenses for the 1987-1988 video totaled about $75,000, Johnson said, with about $40,000 going to KAMU. WASHINGTON (AP) — NASA’s inspector general said Tuesday he expects more indictments charging aerospace manufacturers with certi fying falsely that bolts used on the space shuttles had been properly tested. Bill Colvin said he had been as sured by engineers that there are no defective bolts in critical areas on the shuttle Discovery, which is to be launched Sept. 29 from the Ken nedy Space Center in Florida. “We are looking at false certifica tion,” he said. “That does not nec essarily mean they are defective.” The Los Angeles Times quoted Darrell Lee, president of Lee Aero space Products of Simi Valley, Calif., as saying his company is one of many under investigation. Colvin said it would not be appro priate for him to discuss Lee Aero space. No charges have been filed against the firm. “At this point in time our interest is in fasteners,” Colvin said. “I would expect more indictments.” Ron Bledsoe, chief of the quality engineering division at the Marshall Space Flight Center in Huntsville, Ala., said the false certifications were uncovered during an audit in Feb ruary and March. “There are some of Lee Aero space’s bolts on the shuttle, we know that,” he said. “We’ve actually gone in and evaluated where these bolts were and in any critical application, we conducted extensive stress analy sis and determined there was no safety issue.” Bledsoe said the shuttle’s right booster contains 614 Lee bolts and the left booster has 595 and that Lee bolts account for 60 percent of the 2,000 bolts inside the rockets. “Even with those bolts that were in there, I couldn’t say we would have a problem with them,” Bledsoe said. Arthur O. Sammons of Canoga Park, Calif., was indicted Sept. 9 by a federal grand jury in Birmingham, Ala., on 26 counts of making false statements to NASA and 17 counts of mail fraud involving shuttle bolts made by Lawrence Engineering and Supply of Burbank, Calif. Texas’ scores rise on SAT, still below par AUSTIN (AP) — Texas students’ scores on two major national college entrance examinations rose slightly from 1987 to 1988, while the num ber of pupils taking the tests rose substantially, state officials reported Tuesday. Although Texas students still scored below the national averages on the Scholastic Aptitude Test (SAT) and the American College Testing Program (ACT) exam, the Texas Education Agency said it ap pears that public school reforms in stituted in 1984 are beginning to show results. “While I’m not satisfied with where we are, which is below the na tional average, I do believe that im plementation of education reforms has caused continued progress,” Ed ucation Commissioner William Kirby said. The mean score for Texas stu dents on the verbal section of the SAT was 417, up from 416 in 1987. The mean SAT math score was 462, up from 459 the previous year, the education agency reported.