[net.legal] Thomas Tc*** and the phone phreaks

robison@eosp1.UUCP (Tobias D. Robison) (11/13/84)

The billboard/phone-phreak case has reached the New York Times
(Monday Nov 12 issue).  A long story is very short on facts and
long on concerns about censorship and liability.
I presume the shortage of facts is related to the case being
currently prosecuted.  Still, is there a reliable, objective
dicussion available anywhere of what probably happened?

I have two questions:

(1) It would be easier to talk about this case if we knew how
to pronounce the sysops' name.  Can anyone who knows for sure
post it? (Thomas Tcimp...)

(2) The crucial case issue in law appears to be: to what extent is
an electronic bulletin board a publisher, and to what extent is it
a carrier?  Carriers are generally not responsible for the content
of their messages, and publishers are.  I think the global issue
was not addressed properly by the NYT, nor on the net --

	If bulletin boards are publishers, then how many other
	companies that THINK they are in the carrier business are
	actually also publishers?

It is possible that nearly everyone in the store-and-forward
business could be treated as a publisher also.  S+F services
INTEND to screen none of the messages they forward, and IN GENERAL
messages they handle are sent from one person to one (or a few others)
person.  But there is nothing to prevent a S+F message from being
sent to most of the potential audience, and nothing to prevent
the S+F service from screening before forwarding.

Thomas T. apparently intended to operate as a S+F service, leaving
much data unscreened.  If he had required the sender of every message
to provide a specific list of addressees (selected from his user
population), it's hard to see any difference in the possible "crime".

Therefore, in my mind, this case attacks not only bulleting boards,
but every company that intends to store and forward messages among
individuals in different places.

I would appreciate public comment.

By the way, I'll reiterate another point I strongly believe in:
This is not primarily a "free speech" issue.  It's a case to decide
if we have a set of laws applicable to regulate this type of commerce.
Entities that are not part of the government, nor monopolies,
have wide discretion to control what they will publish or relay.
We rightfully hold them responsible in many cases to prevent the
publishing of scurrilous, damaging-and-false information that
attacks individuals not easily able to defend themselves
appropriately.

If we choose to have government-run bulletin boards, then the bill
of rights will be a key factor in determining their content.

  - Toby Robison
  allegra!eosp1!robison
  or: decvax!ittvax!eosp1!robison
  alternate: princeton!eosp1!robison