carlc@teklabs.UUCP (Carl Clawson ) (06/02/84)
I think a point has been missed in the discussions about the confiscated bulletin board. One does not need to break the law in order to have one's property confiscated. If your property has been involved in a crime (with or without your knowledge) it can be seized as evidence for prosecuting that crime. For example, an acquaintance of mine lent his car to someone, that person used the car in a crime, and the car was seized. It was several years before the car was returned. So the real issue is not whether the operator of the bulletin board committed a crime, or whether he knew or should have known that crimes were being committed. The issue is whether anything on his system would be needed as evidence in a criminal case. If so, the legality of his actions is irrelevant.