[comp.org.eff.news] Some Questions

a577@mindlink.UUCP (Curt Sampson) (09/21/90)

> smo@pogo.ai.mit.edu writes:
> 
> Also, if I were to set up a BBS, is there any way I could gain common carrier
> access?  How did phone companies get their common carrier access?

I don't know what the situation is in the US, but you certainly don't want to
do this in Canada.  Unlicenced common carrier service has some quite severe
penalties, I belive, and many restrictions as well.  For example, a common
carrier is not allowed to examine the messages transfered.   There was a case
up here some time back where a telephone repairman working on some lines
overheard a conversation between two people planning a murder.  He reported it
to the police but the case was dismissed from court and he ended up loosing his
job.  You could conceiveably be tossed in jail for reading private messages on
your board if it were a common carrier.

        -cjs    ( Curt_Sampson@mindlink.UUCP )

brnstnd@kramden.acf.nyu.edu (Dan Bernstein) (09/21/90)

In article <10885@life.ai.mit.edu> smo@pogo.ai.mit.edu (Shawn O'Connor) writes:
> Isn't it theoretically possible to conduct a citizen's arrest on an agent
> attempting to seize your newsletter for violation of your first amendment 
> rights? or for preemptory seizure of your newsletter? 

On what basis? What crime is the agent committing?

> Is citizens arrest a myth?

It is when you're trying to arrest policemen or the Secret Service.

> If it is, is there any other way to turn the
> situation around at the time of the attempted seizure?

Call your lawyer as quickly as possible. Make sure the agents have a
warrant. Past that, what rights do you reasonably expect to have?

(My Mac is attached to a desk with a steel cable. If the desk were solid
metal... Hmmm, I think I'm onto something here... :-) )

> Also, if I were to set up a BBS, is there any way I could gain common carrier
> access?  How did phone companies get their common carrier access?

It's not ``access.'' The FCC (which implements communication regulations)
decides what qualifies you as a common carrier.

> Is the internet a common carrier? Is Tymnet a common carrier? 

I don't think this has been completely settled in court yet. Certainly
as the regional telephone companies grow in the network business (like
NYSERNet), it'll become easier and easier to defend the Internet as a
common carrier.

---Dan