[comp.org.eff.talk] The connector is the knockwurst

bei@dogface (Bob Izenberg) (06/20/91)

Here's a thread from the CompuServe (CIS) BBS Management forum of the IBMBBS
sig.  I found it interesting, and my comments follow.
[ start of CompuServe public message excerpts ]
#: 21548 S4/BBS Management [B]
    19-Jun-91  09:55:57
Sb: #21474-#Crooked BBS II
Fm: Mark J. Astarita 71171,3677
To: Lance Rose 72230,2044 (X)

[ discussion of one user's attitudes on software piracy deleted ]

BTW, an interesting twist occured yesterday. In reviewing messages on my bbs in
a Fidonet conference, there was a loooooonnnnggggg message in German! Suppose
that one was a drug smuggling message? How would I ever know?

Maybe I have to delete messages in foreign languages too. <just kidding>.

                                       Mark

#: 21551 S4/BBS Management [B]
    19-Jun-91  11:50:20
Sb: #21548-Crooked BBS II
Fm: Frank Jones 72531,3525
To: Mark J. Astarita 71171,3677

Hi Mark,

If you are "paranoid" about foreign messages, why don't you post them here and
I'm sure somone will provide a translation.

By the messages in this thread, I wouldn't even be surprised if the law
enforment agencies accuse you of not taking necessary steps to ensure no
illegal activity is happening on your board.  Who cares if you can read them or
not.
 Gee all this sounds like the worst case of communism or police state. It sure
doesn't seem to me that everybodies "rights" are protected in this bureaucratic
bu....it.

B.T.W.  Happy to translate for you. (German, French, and Spanish)


                                                -Frank
[ end of CompuServe public message excerpts ]
Frank Jones' offer to translate set me a'wondering...  CompuServe has local
access numbers and equipment (ownership unknown) in many cities.  If someone
sends Frank the plans (in German) for an explosive space modulator, have they
used interstate commerce to send them?  They dialed no out-of-state numbers
(but are the numbers tie-lines into Ohio?) when they called the service.  Yes,
CompuServe has computers in Ohio.  But is CompuServe (or any computer system
with local access numbers) just those computers, or is it those computers
plus the network?  Without the local access numbers, you'd have to call Ohio
(or an 800 number) to reach the system.  I don't have to do that.  I call a port
selector which distinctly identifies itself as being in town.
To define this a little further, let's say that the message in German translates
to a twist on National Velvet that even Larry Flynt wouldn't touch.  You may
have heard of alleged pornographers being tried in each municipality that
objected to their works.  If some person or group is offended by this material
being on CIS (question for CIS execs:  How would you handle a Mapplethorpe
photo exhibition, if uploaded with the permission of all the necessary non-CIS
people?) in a public forum, could the person who uploaded the file be tried
in any city with a CIS local access number?
Who's liable for the interstate transmission of the materials in question?
The user sends it to a number in their local calling area.  CIS sends it across
state lines (probably) to Columbus, Ohio.  Yes, CIS isn't a common carrier, and
yes, there's probably no monitoring of content going from the local CIS
node to Ohio.  Is the CIS node functioning as a repeater, whose owner (under
FCC regs) is held accountable for all message traffic, regardless of where it
and with whom it originated?
If CompuServe has some official comment, I'll put it up.
-- Bob

     Opinions expressed in this message are those of its author, except where
    messages by others are included with attribution.  No endorsement of these
          opinions by (a company to be named later) should be inferred.

                       Bob Izenberg [ ] ????? ??????? ??????????
                 home: 512 346 7019 [ ] bei@dogface.UUCP
                      CIS: 76615.1413@compuserve.com

rkushner@sycom.UUCP (Ronald Kushner) (06/20/91)

bei@dogface (Bob Izenberg) writes:
>Who's liable for the interstate transmission of the materials in question?
>The user sends it to a number in their local calling area.  CIS sends it acros
>state lines (probably) to Columbus, Ohio.  Yes, CIS isn't a common carrier, an
>yes, there's probably no monitoring of content going from the local CIS
>node to Ohio.  Is the CIS node functioning as a repeater, whose owner (under
>FCC regs) is held accountable for all message traffic, regardless of where it
>and with whom it originated?

I would believe, from my experience with a local D.A., that CIS would totally
be responciable for what is on its lines. Because they have local equipment to
transmit this data to people's houses, I would figure their local equipment
could be siezed by local authorities....

Here's an idea, go into the gay confrence section and just flat out say, "Ok
all, send me some hot stuff in E-Mail", and call Dick Tompson, the Oakland
County Michigan prosecutor and give him your CIS ID and password and tell him
there is some wicked pornographic stuff in your mailbox.

This is the same prosecutors office thats going after Dr. Death(Jack
Kevorkian). He's very interested in busting all kinds of adult book stores,
and I don't see why they would be exempt....This will bring a swift answer to
your question...Heck, this guy really believes he on a misson from God, and if
you told him there were homosexual discussion board or just confrencing on
this service, he'd really look into closing it down...And CompuServe has ALOT
of local dialups in Oakland County...This guy is going after someone under
some federal law so they get the death penalty for murder...And also trys to
dictate law on his own, with court injunctions...Just ask Dr. Death...

I have a friend studying law, let me ask him what he thinks...

-- C-UseNet V0.42e
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