[net.micro] Charges filed in Mog-Ur BBS case

jpm@BNL.ARPA (09/01/84)

The Los Angeles city attorney has filed criminal charages against the Sysop of
the Mog-Ur BBS because of credit card numbers posted on his system. You may
recall that his system was previously confiscated by police and then later
returned. At the time the machine was returned the city attorney said they
were not going to file charges for lack of evidence. It seems great pressure
was brought on top levels of the city attorney's office so they decided to
go back on their agreement not to prosecute. A preliminary hearing has been
scheduled for late next week at which time we should know more about what is
going on. I will keep the net informed as I get news.


			John McNamee
		..!decvax!philabs!sbcs!bnl!jpm
			jpm@Bnl.Arpa

		  "Use a modem, Go to jail"

mikey@trsvax.UUCP (09/06/84)

#R:sri-arpa:-1306400:trsvax:53400040:000:828
trsvax!mikey    Sep  6 13:05:00 1984



I don't know if this is the same case or not, but one of the articles
I read on BBS systems and their being nabbed stated that one operator
had a section of his board titled pirate or something of along that
line.  Now the operator can plead ignorance and I would be all for
giving the benifit of the doubt (It IS better to let 10 guilty go free
than punish 1 innocent) but if there is an enticement of a pirate
section to the board, I'd be really pissed if it was my sprint number
that was given out.  In the Delorean case the government was guilty of
entrapment, I think that a BBS sysop should be just as guilty if he 
promotes the collection of data for distribution.  This is NOT the same
as touchy info showing up in a public menu.

mikey at trsvax

How can anyone even think that these ideas are those of my employer!

mikey@trsvax.UUCP (09/10/84)

#R:sri-arpa:-1306400:trsvax:53400041:000:1056
trsvax!mikey    Sep 10 12:15:00 1984



A little follow up info.  I'm sorry if my reply was taken out of context
in reference to the BBS system in CA with the legal troubles.  However,
I still stand by my feelings about operators that knowingly give out
Sprint, MCI, and USTel numbers and have special sections of their
boards devoted to databases of these numbers.  

I dug a little farther into the organic memory banks and the article that
I mentioned was refering to a state law in Wisconson( I think, it may have
been Michigan or Minnisota) that specifically prohibits the sale or use of
any "modem finding programs" that are used to locate unpublished BBSs.  
Just like the kid used in "War Games".  The blurb about the BBS was part
of that article, but not the main topic.

Personally, in the CA case, I don't feel that there is any valid charges
against the operator unless it can be proved that he knew the numbers were
there, he knew what they were, and he intentionally left them posted.  
I think that if there is a private section of the board is not the issue.

mikey at trsvax.