685 lines
32 KiB
Plaintext
685 lines
32 KiB
Plaintext
|
|
||
|
Computer underground Digest Wed Oct 11, 1995 Volume 7 : Issue 80
|
||
|
ISSN 1004-042X
|
||
|
|
||
|
Editors: Jim Thomas and Gordon Meyer (TK0JUT2@MVS.CSO.NIU.EDU
|
||
|
Archivist: Brendan Kehoe
|
||
|
Shadow Master: Stanton McCandlish
|
||
|
Field Agent Extraordinaire: David Smith
|
||
|
Shadow-Archivists: Dan Carosone / Paul Southworth
|
||
|
Ralph Sims / Jyrki Kuoppala
|
||
|
Ian Dickinson
|
||
|
Cu Digest Homepage: http://www.soci.niu.edu/~cudigest
|
||
|
|
||
|
CONTENTS, #7.80 (Wed, Oct 11, 1995)
|
||
|
|
||
|
File 1--Charges against Lorne Shantz dropped.
|
||
|
File 2--Am Action BBS (Rob't Thomas) appeal in 6th Circuit
|
||
|
File 3--Telecommunications Act Re-write list and WWW site
|
||
|
File 4--Re: Minnesota Law (#1)
|
||
|
File 5--Re: "Emperor's Virtual Clothes"
|
||
|
File 6--File 1--Minnesota A.G. Erects Electronic Wall Around State
|
||
|
File 7--The Computer Law Report #11 (9/29/94) (fwd)
|
||
|
File 8--New Web site on government censorship
|
||
|
File 9--New Jersey BBS Sting (excerpts)
|
||
|
File 10--Cu Digest Header Info (unchanged since 19 Apr, 1995)
|
||
|
|
||
|
CuD ADMINISTRATIVE, EDITORIAL, AND SUBSCRIPTION INFORMATION APPEARS IN
|
||
|
THE CONCLUDING FILE AT THE END OF EACH ISSUE.
|
||
|
|
||
|
---------------------------------------------------------------------
|
||
|
|
||
|
Date: Sun, 1 Oct 1995 22:17:08 -0500 (CDT)
|
||
|
From: David Smith <bladex@BGA.COM>
|
||
|
Subject: File 1--Charges against Lorne Shantz dropped.
|
||
|
|
||
|
|
||
|
The following article is excerpted from CompuNotes. I've included the
|
||
|
header information and the article about Lorne Shantz, who is the Arizona
|
||
|
DPS officer initially indicted for distributing obscene material online.
|
||
|
|
||
|
|
||
|
David Smith * Next EFF-Austin appearance : Armadillocon
|
||
|
bladex@bga.com * Panel discussion : "Crypto-Cyberporn on the
|
||
|
President, EFF-Austin * Planet Newt" -- October 6, 4:00 to 5:00
|
||
|
Board of Directors, CTCLU *
|
||
|
|
||
|
---------- Forwarded message ----------
|
||
|
9/26/95 CompuNotes Issue #21
|
||
|
Patrick Grote, Publisher and Editor
|
||
|
CompuNotes is a weekly publication available through an email
|
||
|
distribution list and many fine on-line networks!
|
||
|
We feature reviews, interviews and commentary concerning the PC industry.
|
||
|
|
||
|
This Week's Contents:
|
||
|
=====================
|
||
|
PATRICK'S VIEWS
|
||
|
===============
|
||
|
-=> Why Buy Windows 95 <=-
|
||
|
-=> Review Response <=-
|
||
|
NEWS
|
||
|
====
|
||
|
-=> Microsoft Money for Free <=-
|
||
|
-=> Taking Classes on the Net? <=-
|
||
|
REVIEWS
|
||
|
=======
|
||
|
-=> CloseUp 6.1 for LANs Reviewed by Patrick Grote <=-
|
||
|
-=> Alien Logic Reviewed by Doug Reed <=-
|
||
|
WEB SITE OF THE WEEK
|
||
|
====================
|
||
|
-=> EPUB Web Is Amazing <=-
|
||
|
FTP FILE OF THE WEEK
|
||
|
====================
|
||
|
-=> Darn! <=-
|
||
|
INTERVIEW
|
||
|
=========
|
||
|
-=> Lorne Shantz Update <=-
|
||
|
|
||
|
To subscribe, send a message to subscribe@supportu.com
|
||
|
with subscribe in body.
|
||
|
To unsubscribe, send a message to unsubscribe@supportu.com
|
||
|
with unsubscribe in body.
|
||
|
Comments should be sent to feedback@supportu.com.
|
||
|
Voice: (314) 984-9691
|
||
|
BBS : (314) 984-8387
|
||
|
FAX : (314) 984-9981
|
||
|
|
||
|
All old copies available from anonymous FTP at
|
||
|
ftp.uu.net:/published/compunotes
|
||
|
|
||
|
CD-ROM Online Magazine is another good resource. You can subscribe free
|
||
|
by sending an email message to CDRMag@nsimultimedia.com with the word
|
||
|
subscribe in the body of the text!
|
||
|
|
||
|
------------------------------------------------------------------------
|
||
|
[deleted rest of issue]
|
||
|
------------------------------------------------------------------------
|
||
|
INTERVIEW OF THE WEEK | Interesting people you should know about . . .
|
||
|
------------------------------------------------------------------------
|
||
|
Many of you will remember our interview with Lorne when he was going
|
||
|
through the legal battle after his BBS was shut down. Well, there is
|
||
|
justice in the world! Read on . . .
|
||
|
|
||
|
|
||
|
Wishbook BBS Charges Dropped
|
||
|
|
||
|
Monday, September 18, 1995
|
||
|
|
||
|
This morning all criminal charges against Lorne E. Shantz, Sysop of
|
||
|
The Wishbook BBS, were ordered dismissed by the court. The dismissal
|
||
|
was ordered to be "with prejudice," meaning that criminal charges can
|
||
|
never again be filed against Lorne in this matter. The Court also
|
||
|
signed orders allowing for the release of information pertaining to
|
||
|
Grand Jury actions in the case. Because of these orders it is now
|
||
|
possible to discuss some of the heretofore secret aspects of this case.
|
||
|
Lorne E. Shantz was the subject of a search warrant in November,
|
||
|
1995 during which, his BBS equipment and software were seized by police
|
||
|
authorities upon an allegation that the BBS was distributing obscene
|
||
|
material. Although Lorne had maintained a strict, public policy against
|
||
|
the uploading of material depicting beastiality, excrement, and child
|
||
|
pornography and had personally screened all uploads to physically
|
||
|
eliminate this type of material, certain .gifs contained on name-brand
|
||
|
CD-Roms were alleged to have contained examples. Lorne maintained, from
|
||
|
the beginning that he bought the CD-Rom disks openly and based upon
|
||
|
their national advertising in mainstream computer publications and in
|
||
|
reliance upon their representation as being "BBS-Ready." Because of this
|
||
|
representation, the wide-spread use of these CD-Rom disks on other BBS
|
||
|
systems and because of the sheer size and number of images, Lorne did
|
||
|
not screen every image.
|
||
|
In January, 1995 Lorne's BBS equipment was returned to him with the
|
||
|
exception of all of his CD-Rom disks (even those not alleged to contain
|
||
|
contraband material) and other equipment relating to the CD-Rom system.
|
||
|
In March, 1995, a Grand Jury considered the filing of criminal
|
||
|
charges against Shantz. Pursuant to the Criminal Rules, the Prosecutor
|
||
|
was notified that Lorne would agree to waive his privilege against
|
||
|
self-incrimination and would testify before the Grand Jury. The
|
||
|
Prosecutor claimed to have forgotten this formal offer and proceeded to
|
||
|
obtain an Indictment without notifying the Grand Jury. The Prosecutor
|
||
|
then offered Lorne the opportunity to address the Grand Jury but did not
|
||
|
inform Lorne or myself that the Grand Jury had already indicted him.
|
||
|
Lorne was charged, criminally, with 20 counts of distributing obscene
|
||
|
material.
|
||
|
When the Defense learned of these Grand Jury improprieties, it filed
|
||
|
a Motion challenging the indictment and asking that the matter be
|
||
|
remanded to another, impartial Grand Jury panel. The Court agreed and
|
||
|
ordered the matter remanded.
|
||
|
In July, 1995 Lorne appeared before another Grand Jury panel.
|
||
|
Because Court rules do not allow a Defense Attorney to address the Grand
|
||
|
Jury, Lorne was required to solely address that body. Lorne was superb
|
||
|
at that proceeding, calmly but firmly telling the Grand Jury that he had
|
||
|
no idea of the existence of the material on his BBS and defending his
|
||
|
reputation both as a Sysop and Police Officer. At the conclusion of
|
||
|
those proceedings, this Grand Jury did not vote an Indictment and chose,
|
||
|
instead to end their inquiry.
|
||
|
The Prosecution chose not to proceed to alternative methods of
|
||
|
charging Shantz, but instead offered to dismiss all criminal charges.
|
||
|
The State requested that Lorne agree to promise that he would not offer
|
||
|
the .gif images named in the Indictment on his BBS in the future. Since
|
||
|
Lorne had publicly testified, under oath, that he never intended to
|
||
|
offer such images, he was perfectly willing to so agree. The agreement
|
||
|
was accepted by the court this morning and, accordingly, all criminal
|
||
|
charges were ordered dismissed.
|
||
|
Still undetermined is the status of Lorne's job as a State Trooper.
|
||
|
On the date that the Indictment was made public, Lorne was fired from
|
||
|
the position he held for approximately 14 years and all accrued
|
||
|
benefits, including his pension, were forfeited. That firing is
|
||
|
presently under administrative appeal.
|
||
|
Lorne will still have to repair a broken life and a new marriage
|
||
|
that, unfortunately, has not yet seen peaceful times.
|
||
|
My personal feelings of gratification for today's events is exceeded
|
||
|
only by my profound sense of gratitude for all of the friends who have
|
||
|
supported Lorne in the Nets and especially on the RIME conferences. In
|
||
|
the early days, friends were few and very timid, but the folks on RIME
|
||
|
were among the first supporters and certainly the most enthusiastic!
|
||
|
Momentum slowly gathered and by July, support had become wide-spread and
|
||
|
open.
|
||
|
Lorne's victory today is certainly a victory for all of his loyal
|
||
|
friends and supporters. I truly hope that each of you will share our
|
||
|
pride and happiness today.
|
||
|
|
||
|
------------------------------
|
||
|
|
||
|
From: hkhenson@CUP.PORTAL.COM
|
||
|
Subject: File 2--Am Action BBS (Rob't Thomas) appeal in 6th Circuit
|
||
|
Date: Mon, 2 Oct 95 01:01:46 PDT
|
||
|
|
||
|
Robert Thomas (sysop of AABBS) called me this weekend to report that the
|
||
|
appeal is on his case is being heard Oct. 11. Robert is hopefull that
|
||
|
he will be let out of the Federal prison at Springfield pending the
|
||
|
decision of the Sixth Circuit appeals court. The AABSS case, for those
|
||
|
who were not here last year, was one where a postal inspector downloaded
|
||
|
adult .gifs from a BBS near San Jose, California to Memphis, Tennessee.
|
||
|
He then had the owners indited in Memphis and tried there by a jury--none
|
||
|
of whom had a computer or knew the slightest thing about cyberspace.
|
||
|
|
||
|
Robert was given 37 months, his wife about six months less.
|
||
|
|
||
|
Keith Henson
|
||
|
|
||
|
------------------------------
|
||
|
|
||
|
Date: Mon, 09 Oct 1995 10:14:18 -0400
|
||
|
From: "W. K. (Bill) Gorman" <bj496@CLEVELAND.FREENET.EDU
|
||
|
Subject: File 3--Telecommunications Act Re-write list and WWW site
|
||
|
|
||
|
|
||
|
This is the first news I have seen of this MI Telecom Bill in-state on the
|
||
|
net. This thing is being kept VERY quiet - usually a bad sign where
|
||
|
politicians are concerned.
|
||
|
|
||
|
Why a MODERATED list? Is someone afraid the politicos' feelings might be hurt?
|
||
|
|
||
|
=================== Forwarded Message ===================
|
||
|
Newsgroups-- bit.listserv.new-list
|
||
|
Date-- Sun, 8 Oct 1995 21:25:21 CDT
|
||
|
From-- Thom Byxbe <byxbe@DigitalRealm.Com
|
||
|
Subject-- NEW;mtalist - Michigan Telecommunications Act Re-write List
|
||
|
|
||
|
mtalist on mtalist@digitalrealm.com
|
||
|
|
||
|
MTALIST, a Moderated mailing list, has been started to discuss the
|
||
|
Michigan Telecommunications Act re-write currently underway in the
|
||
|
Michigan legislature. This list will act as a tool to communicate
|
||
|
information about the act and it's ramifications on the citizens of
|
||
|
Michigan.
|
||
|
|
||
|
This act is being rushed through committee and there is very little
|
||
|
time to act. Please use this tool to communicate opinions and to
|
||
|
rally support. It is IMPORTANT that we move VERY quickly to ensure
|
||
|
that this rewrite is fair to ALL of Michigans citizens.
|
||
|
|
||
|
For more information on the act please visit this WWW site:
|
||
|
|
||
|
http://www.rust.net/~jack/mta.html
|
||
|
|
||
|
TO SUBSCRIBE send e-mail to: mtalist@digitalrealm.com
|
||
|
Place the word SUBSCRIBE in the Subject line and *ONLY* your
|
||
|
E-Mail address in the body of the message
|
||
|
|
||
|
TO UNSUBSCRIBE send e-mail to: mtalist@digitalrealm.com
|
||
|
Place the word UNSUBSCRIBE in the Subject line and *ONLY* your
|
||
|
E-Mail address in the body of the message
|
||
|
|
||
|
TO CONTRIBUTE to the list send mail to: mtalist@digitalrealm.com
|
||
|
|
||
|
Owner: Thom Byxbe <byxbe@DigitalRealm.com
|
||
|
|
||
|
|
||
|
|
||
|
------------------------------
|
||
|
|
||
|
Date: Mon, 9 Oct 1995 10:49:59 -0400
|
||
|
From: trebor@ANIMEIGO.COM(Robert J. Woodhead (AnimEigo))
|
||
|
Subject: File 4--Re: Minnesota Law (#1)
|
||
|
|
||
|
Michael Gersten <michael@STB.INFO.COM> writes regarding Minnesota laws:
|
||
|
|
||
|
> Minnesota's general criminal jurisdiction statute provides as
|
||
|
>follows:
|
||
|
|
||
|
Most states have the same laws, btw. Here are the famous examples
|
||
|
that explain why:
|
||
|
|
||
|
> A person may be convicted and sentenced under the
|
||
|
> law of this State if the person:
|
||
|
>
|
||
|
> (1) Commits an offense in whole or in part within
|
||
|
> this state; or
|
||
|
|
||
|
I shoot and kill someone in the state of Minnesota.
|
||
|
|
||
|
> (2) Being without the state, causes, aids or abets
|
||
|
> another to commit a crime within the state; or
|
||
|
|
||
|
I throw a gun over the state line to an accomplice in Minnesota who
|
||
|
shoots and kills someone.
|
||
|
|
||
|
> (3) Being without the state, intentionally causes a
|
||
|
> result within the state prohibited by the criminal laws
|
||
|
> of this state.
|
||
|
|
||
|
I shoot a bullet over the state line and kill someone (don't laugh,
|
||
|
this has happened!)
|
||
|
|
||
|
> It is not a defense that the defendant's conduct is
|
||
|
> also a criminal offense under the laws of another state
|
||
|
> or of the United States or of another country.
|
||
|
|
||
|
>If we go after AT&T and the US P.S., then maybe the Minnesota
|
||
|
>judges will recognize limits to this law.
|
||
|
|
||
|
Well now, common carriers are strange beasts, because they don't know
|
||
|
the content (or at least, they aren't supposed to know) of what they
|
||
|
carry. Thus if person A used AT&T to surf the web and commit some crime,
|
||
|
AT&T would not be liable. Person A's internet provider probably would
|
||
|
be in the clear, assuming the provider had no knowledge of A's intent.
|
||
|
|
||
|
>As to the web, if I'm outside of minnesota, and someone inside of
|
||
|
>minnesota gets my page and reads it, then isn't the crime caused
|
||
|
>when they pull my page to them?
|
||
|
|
||
|
The question becomes, who committed what crime? In the case of the
|
||
|
Internet, and high-tech in general, this is an unsettled question, mostly
|
||
|
because now we have agents (computers) that can do things automatically
|
||
|
on our behalf.
|
||
|
|
||
|
Eventually the law will evolve some reasonable guidelines; particular juris-
|
||
|
dictions will have a responsibility for publishing what is and is not
|
||
|
acceptable, and providers will have a responsibility to attempt to abide
|
||
|
by these rules (if technical means exist), in return for which they will be
|
||
|
shielded.
|
||
|
|
||
|
><SIGH>. Whatever happened to the concept of individual
|
||
|
>responsibility in the law? Why am I responsible for every one else?
|
||
|
|
||
|
You are responsible for your own actions. The problem is that in today's
|
||
|
society, your actions (like publishing a web page) can have global
|
||
|
repercussions. The law is struggling to deal with those issues, and it
|
||
|
isn't easy. And yes, people are going to get caught in the middle along
|
||
|
the way.
|
||
|
|
||
|
We are, as the chinese curse goes, living in Interesting Times.
|
||
|
|
||
|
------------------------------
|
||
|
|
||
|
Date: Thu, 5 Oct 1995 17:40:46 -0400 (EDT)
|
||
|
From: Ofer Inbar <cos@CS.BRANDEIS.EDU>
|
||
|
Subject: File 5--Re: "Emperor's Virtual Clothes"
|
||
|
|
||
|
In "The Emperor's Virtual Clothes", Alan Janesch <axj12@psu.edu> writes,
|
||
|
|
||
|
> Through his research, Moore found that the Internet, more than
|
||
|
> anything else, mirrors human existence in all its various forms
|
||
|
> -- the good as well as the bad and the ugly.
|
||
|
[...]
|
||
|
> That means that while you can indeed find "flames" (insulting
|
||
|
> language), "cybersex" (basically, talking dirty via real-time
|
||
|
> electronic mail) and pornography on the Internet, Moore says, you can
|
||
|
> also find intelligent, thoughtful people who care about ideas and
|
||
|
> issues and who also care about the people in their Internet communities.
|
||
|
|
||
|
Lumping "cybersex" and "pornography" in with "the bad and the ugly",
|
||
|
as contrasted with "thoughtful people who care...", is just feeding
|
||
|
the anti-sex propoganda which is at the heart of Internet censorship
|
||
|
attempts. There are many people who "care about ideas and issues"
|
||
|
who talk about sex on the Internet, and indeed some of the earliest
|
||
|
Internet communities were formed around sexual issues or interests.
|
||
|
The lack of censorship on the net very early on made it a good place
|
||
|
for gays, lesbians, people interested in BDSM, polyamory, and so on.
|
||
|
Many of these are topics that would-be censors consider "inappropriate
|
||
|
for children", and censorship attempts are aimed directly at these
|
||
|
Internet communities. Janesch's (Moore's?) defense of "people who
|
||
|
care about the people in their Internet communities" is quite ironic.
|
||
|
|
||
|
------------------------------
|
||
|
|
||
|
From: Tim Scanlon <tfs@VAMPIRE.SCIENCE.GMU.EDU>
|
||
|
Date: Thu, 28 Sep 95 20:29:22 -0400
|
||
|
Subject: File 6--File 1--Minnesota A.G. Erects Electronic Wall Around State
|
||
|
|
||
|
My most immidate response to this is that if the State of Minnisota is
|
||
|
seeking to criminalize the behavior of individuals and service
|
||
|
providers for activities that take place outside of the state, and are
|
||
|
not illigal outside of the state, then it would behoove all parties
|
||
|
concerned with being prosecuted under Minnisota's interpretation of
|
||
|
justice to avoid sending packets to Minnisota.
|
||
|
|
||
|
Perhaps the easiest way for that to occur would be for organizations
|
||
|
who are affected by this broad legal brush to minimize their risk
|
||
|
profile legaly, and stop routing packets to Minnisota. Service
|
||
|
providers it seems will suffer a double edeged vulnetability under
|
||
|
these provisions in that they will be open to prosecution from
|
||
|
Minnisota, and from individuals charged under Minnisota's statutes for
|
||
|
having transported the packets TO the state. I know that I certainly
|
||
|
do not want ~my~ packets sent there, and would hold any transportation
|
||
|
party that operated inside the state liable for doing so.
|
||
|
|
||
|
In short, connectivity is a two edged sword. Perhaps they, and
|
||
|
everyone else, would be better off without Minnisota having it.
|
||
|
|
||
|
------------------------------
|
||
|
|
||
|
Date: Sun, 1 Oct 1995 22:53:10 -0500 (CDT)
|
||
|
From: David Smith <bladex@BGA.COM>
|
||
|
Subject: File 7--The Computer Law Report #11 (9/29/94) (fwd)
|
||
|
|
||
|
---------- Forwarded message ----------
|
||
|
Date-- Fri, 29 Sep 1995 13--51--39 -0400
|
||
|
From--Galkin@aol.com
|
||
|
|
||
|
*+*+*+*+*+*+*+*+*+*+*+*+*+*+*+*+*+*+*+*+*+*+
|
||
|
THE COMPUTER LAW REPORT
|
||
|
*+*+*+*+*+*+*+*+*+*+*+*+*+*+*+*+*+*+*+*+*+*+
|
||
|
September 29, 1995 [#11]
|
||
|
|
||
|
|
||
|
=====================================
|
||
|
NEWS FLASH: The Computer Law Report will now be distributed weekly and will
|
||
|
contain a single article in each distribution. This more frequent
|
||
|
distribution will assist in keeping current on late-breaking developments.
|
||
|
=====================================
|
||
|
GENERAL INFO: The Computer Law Report is distributed weekly for free and is
|
||
|
prepared by William S. Galkin, Esq. The Report is designed specifically for
|
||
|
the non-lawyer. To subscribe, send e-mail to galkin@aol.com. All information
|
||
|
contained in The Computer Law Report is for the benefit of the recipients,
|
||
|
and should not be relied on or considered as legal advice. Copyright 1995 by
|
||
|
William S. Galkin.
|
||
|
=====================================
|
||
|
ABOUT THE AUTHOR: Mr. Galkin is an attorney in private practice in Owings
|
||
|
Mills, Maryland (which is a suburb of Baltimore), and he is also an adjunct
|
||
|
professor of Computer Law at the University of Maryland School of Law. Mr.
|
||
|
Galkin has concentrated his private practice in the Computer Law area since
|
||
|
1986. He represents small startup, midsized and large companies, across the
|
||
|
U.S. and internationally, dealing with a wide range of legal issues
|
||
|
associated with computers and technology, such as developing, marketing and
|
||
|
protecting software, purchasing and selling complex computer systems, and
|
||
|
launching and operating a variety of online business ventures. He also enjoys
|
||
|
writing about computer law issues!
|
||
|
|
||
|
Mr. Galkin is available for consultation with individuals and companies,
|
||
|
wherever located, and can be reached as follows: E-MAIL:
|
||
|
galkin@aol.com/TELEPHONE: 410-356-8853/FAX: 410-356-8804/MAIL: 10451 Mill Run
|
||
|
Circle, Suite 400, Owings Mills, Maryland 21117
|
||
|
|
||
|
^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^
|
||
|
Articles in The Report are available to be published as columns in both print
|
||
|
and electronic publications. Please contact Mr. Galkin for the terms of such
|
||
|
usage.
|
||
|
^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^
|
||
|
|
||
|
*+*+*+*+*+*+*+*+*+*+*+*+*+*+*+*+*+*+*+*+*+*+
|
||
|
STOPPING THE ALTRUISTIC INFRINGER
|
||
|
*+*+*+*+*+*+*+*+*+*+*+*+*+*+*+*+*+*+*+*+*+*+
|
||
|
|
||
|
This is the first of a series of articles discussing recommendations made in
|
||
|
the report issued September 5, 1995 by President Clinton's Information
|
||
|
Infrastructure Task Force. The report is entitled "Intellectual Property and
|
||
|
the National Information Infrastructure," and is commonly referred to as the
|
||
|
White Paper. At the end of the article there is information on how to get
|
||
|
print and electronic copies of the White Paper.
|
||
|
|
||
|
The White Paper reviews and interprets current U.S. intellectual property law
|
||
|
and makes various recommendations for changes to facilitate the development
|
||
|
of the national information infrastructure (NII). These recommendations take
|
||
|
the form of new proposed legislative changes as well as lending support to
|
||
|
currently pending legislation.
|
||
|
|
||
|
This article discusses recommendations relating to criminal penalties imposed
|
||
|
for certain copyright offenses perpetrated over the Internet.
|
||
|
|
||
|
A 1994 case in Massachusetts is one example given in the White Paper of why
|
||
|
criminal laws need to be strengthened. In U.S. v. LaMacchia, a university
|
||
|
student established several bulletin board systems (BBS) that were accessible
|
||
|
via the Internet. The purpose of these BBS systems was to allow users to
|
||
|
download (pirate) commercially produced software for free. The keyword here
|
||
|
is "free." The student's objective was "altruistic" and did not seek to make
|
||
|
a profit on these unlawful transfers of software. The court found that,
|
||
|
without a profit motive, the student could not be convicted of criminal
|
||
|
violations under the U.S. Copyright Act, and his actions did not amount to
|
||
|
wire fraud. The indictment claimed that over a period of six weeks the
|
||
|
copyright owners lost over $1,000,000.
|
||
|
|
||
|
It is important to keep in mind that civil remedies would nevertheless be
|
||
|
available in such a case. These include damages, preliminary injunctions to
|
||
|
prevent or restrain infringement, permanent injunctions where liability is
|
||
|
established and there is a threat of continuing infringement, and impounding
|
||
|
or destruction of all copies.
|
||
|
|
||
|
Why would anyone distribute software for free on such a large scale? First of
|
||
|
all, there is little cost involved in setting up a BBS or other system for
|
||
|
this purpose. Secondly, the White Paper points out that there are those who
|
||
|
have the philosophical belief that Cyberspace should be a free realm and will
|
||
|
create such systems to promote this concept.
|
||
|
|
||
|
The court in LaMacchia stated that it believed that the actions committed
|
||
|
should be criminal, but said that it was up to the legislature to restructure
|
||
|
the statutes to make it so: "Criminal as well as civil penalties should
|
||
|
probably attach to willful, multiple infringements of copyrighted software
|
||
|
even absent a commercial motive on the part of the infringer. One could
|
||
|
envision ways that the copyright law could be modified to permit such
|
||
|
prosecution. But, "[i]t is the legislature, not the Court which is to define
|
||
|
a crime, and ordain its punishment.""
|
||
|
|
||
|
To rectify this problem, Senate Bill 1122, endorsed in the White Paper, was
|
||
|
introduced in the 104th Congress by Senators Leahy and Feingold. This Bill
|
||
|
would make it a criminal act under the copyright laws to willfully reproduce
|
||
|
or distribute copyrighted material which has a retail value of more than
|
||
|
$5,000. The prohibition includes assisting someone to do the same. Because of
|
||
|
this "assisting" provision, online system providers will need to take
|
||
|
specific precautions where users can freely upload materials which are then
|
||
|
made available to all users.
|
||
|
|
||
|
The drafters of the Bill believe that it is drafted in such a way that
|
||
|
unintentional or careless acts of infringement will not fall under the
|
||
|
criminal provisions. For this conclusion they rely on the "wilful"
|
||
|
requirement and the $5,000 threshold to distinguish between the criminals and
|
||
|
the inadvertent infringers. However, criminal liability is probably easier
|
||
|
to arise than they suspect.
|
||
|
|
||
|
Most people would agree that it should be criminal for LaMacchia to
|
||
|
distribute software in the manner he did, thereby robbing the copyright
|
||
|
owners of potential profits. However, this criminal liability will also apply
|
||
|
to many text transfers that are currently occurring where there is no
|
||
|
criminal intent. Whether such acts are deemed criminal will depend upon how a
|
||
|
court interprets "wilful."
|
||
|
|
||
|
Prior to the U.S. joining the Berne Convention on March 1, 1989, a work
|
||
|
distributed without a copyright notice would pass into the public domain.
|
||
|
Therefore, a person could claim that since the work did not have a notice,
|
||
|
they thought it was in the public domain. However, under the Berne
|
||
|
Convention, this is no longer the case. Works do not need any notice to
|
||
|
maintain their copyright. Therefore, it can no longer be assumed that if
|
||
|
there is no copyright notice that the work is in the public domain. The
|
||
|
presumption would be, rather, that the work is not in the public domain.
|
||
|
Therefore, transfers of documents, where it cannot be demonstrated were
|
||
|
reasonably believed to be in the public domain, though they had the
|
||
|
appearance of public domain documents, may often be deemed wilful.
|
||
|
|
||
|
Additionally, while the $5,000 amount may sound like a lot of copying, on the
|
||
|
Internet documents available for downloading on web pages or otherwise may be
|
||
|
downloaded hundreds or thousands of times. Therefore, a report for which the
|
||
|
owner might charge $50, if downloaded one hundred times, would be a criminal
|
||
|
act. It is important to remember that the requirement under the copyright law
|
||
|
for criminal sanctions that the infringement be "willful" applies to the act
|
||
|
of reproducing or distributing and does not mean that the infringer
|
||
|
"willfully" intended to reproduce or distribute material he or she knew was
|
||
|
worth $5,000.
|
||
|
|
||
|
Indemnifications from users might provide some limited protection for online
|
||
|
systems, but these would probably not go over well from a marketing
|
||
|
standpoint - unless universally required by all similar services.
|
||
|
|
||
|
A result of this legislation, if it passes (which is likely), will be that
|
||
|
vendors of information must make greater efforts to verify the right to
|
||
|
distribute materials. Or at least establish that the materials are probably
|
||
|
in the public domain. As competition between commercial interests increases,
|
||
|
and as scrutiny of activities by government entities also increases, vendors
|
||
|
must develop vigilant procedures to clear ownership issues, or face the
|
||
|
consequences.
|
||
|
|
||
|
[HOW TO GET THE WHITE PAPER: Print copies of the White Paper may be obtained
|
||
|
for free by sending a written request to: "Intellectual Property and the NII"
|
||
|
c/o Terri A. Southwick, Attorney-Advisor Office of Legislative and
|
||
|
International Affairs U.S. Patent and Trademark Office Box 4 Washington, D.C.
|
||
|
20231. Copies are also available from the IITF Bulletin Board, which can be
|
||
|
accessed through the Internet by pointing the Gopher Client to iitf.doc.gov
|
||
|
or by telnet to iitf.doc.gov (log in as gopher).]
|
||
|
|
||
|
------------------------------
|
||
|
|
||
|
Date: Wed, 11 Oct 1995 14:55:40 -0400
|
||
|
From: Andy Oram <andyo@ORA.COM>
|
||
|
Subject: File 8--New Web site on government censorship
|
||
|
|
||
|
The Web sites I've seen on Exon etc. seem to be getting out of date,
|
||
|
or just focus on one or two details. So, with help from Cyber-Rights
|
||
|
members (a CPSR working group) and some other people, I wrote a new
|
||
|
Web page to present the main issues in a punchy, direct way. The
|
||
|
title is "Government Censorship Threatens the Information
|
||
|
Infrastructure." It refers to other Web pages for details.
|
||
|
|
||
|
Please let everyone who might be interested know about this URL.
|
||
|
|
||
|
http://jasper.ora.com/andyo/cyber-rights/free-speech/
|
||
|
|
||
|
Thanks to everybody who contributed information and ideas,
|
||
|
particularly Craig Johnson.
|
||
|
|
||
|
------------------------------
|
||
|
|
||
|
Date: Mon, 9 Oct 1995 17:14:05 -0500 (CDT)
|
||
|
From: security@rockpile.com
|
||
|
Subject: File 9--New Jersey BBS Sting (excerpts)
|
||
|
|
||
|
From: NYTIMES SEPT 12,1995
|
||
|
|
||
|
By CLIFFORD J. LEVY
|
||
|
|
||
|
c.1995 N.Y. Times News Service
|
||
|
|
||
|
NEW YORK - It was a classic sting operation, the kind of undercover
|
||
|
gambit that has nabbed bad guys for decades: federal agents disguised
|
||
|
as big-time thieves set up shop and put the word out on the street
|
||
|
that they were eager for business. Soon shifty characters were
|
||
|
stopping by, officials said, peddling stolen goods that were worth
|
||
|
millions of dollars.
|
||
|
|
||
|
But as the agents revealed Monday, the meeting place for this
|
||
|
subterfuge was not some shady storefront. It was a computer bulletin
|
||
|
board that the U.S. Secret Service had rigged together to troll for
|
||
|
people who are illegally trafficking in the codes that program
|
||
|
cellular phones.
|
||
|
|
||
|
.....................
|
||
|
|
||
|
According to the criminal complaint in the case, a Secret Service
|
||
|
agent used the Internet, the global computer network, to announce that
|
||
|
the bulletin board catered to those involved in breaking into
|
||
|
computers and in cellular-phone and credit-card fraud.
|
||
|
|
||
|
.....................
|
||
|
|
||
|
After buying hundreds of the stolen phone codes, the Secret Service
|
||
|
conducted raids in several states late last week, arresting the six
|
||
|
people and seizing more than 20 computer systems, as well as equipment
|
||
|
for making cellular phones operate with stolen codes, said the United
|
||
|
States Attorney in Newark, Faith S. Hochberg.
|
||
|
|
||
|
Officials said that of those arrested, two of them, Richard Lacap of
|
||
|
Katy, Texas, and Kevin Watkins of Houston, were particularly
|
||
|
sophisticated because they actually broke into the computer systems of
|
||
|
cellular phone companies to obtain the codes.
|
||
|
|
||
|
------------------------------
|
||
|
|
||
|
Date: Sun, 19 Apr 1995 22:51:01 CDT
|
||
|
From: CuD Moderators <cudigest@sun.soci.niu.edu>
|
||
|
Subject: File 10--Cu Digest Header Info (unchanged since 19 Apr, 1995)
|
||
|
|
||
|
Cu-Digest is a weekly electronic journal/newsletter. Subscriptions are
|
||
|
available at no cost electronically.
|
||
|
|
||
|
CuD is available as a Usenet newsgroup: comp.society.cu-digest
|
||
|
|
||
|
Or, to subscribe, send a one-line message: SUB CUDIGEST your name
|
||
|
Send it to LISTSERV@VMD.CSO.UIUC.EDU
|
||
|
The editors may be contacted by voice (815-753-0303), fax (815-753-6302)
|
||
|
or U.S. mail at: Jim Thomas, Department of Sociology, NIU, DeKalb, IL
|
||
|
60115, USA.
|
||
|
|
||
|
To UNSUB, send a one-line message: UNSUB CUDIGEST
|
||
|
Send it to LISTSERV@VMD.CSO.UIUC.EDU
|
||
|
(NOTE: The address you unsub must correspond to your From: line)
|
||
|
|
||
|
Issues of CuD can also be found in the Usenet comp.society.cu-digest
|
||
|
news group; on CompuServe in DL0 and DL4 of the IBMBBS SIG, DL1 of
|
||
|
LAWSIG, and DL1 of TELECOM; on GEnie in the PF*NPC RT
|
||
|
libraries and in the VIRUS/SECURITY library; from America Online in
|
||
|
the PC Telecom forum under "computing newsletters;"
|
||
|
On Delphi in the General Discussion database of the Internet SIG;
|
||
|
on RIPCO BBS (312) 528-5020 (and via Ripco on internet);
|
||
|
and on Rune Stone BBS (IIRGWHQ) (203) 832-8441.
|
||
|
CuD is also available via Fidonet File Request from
|
||
|
1:11/70; unlisted nodes and points welcome.
|
||
|
|
||
|
EUROPE: In BELGIUM: Virtual Access BBS: +32-69-844-019 (ringdown)
|
||
|
Brussels: STRATOMIC BBS +32-2-5383119 2:291/759@fidonet.org
|
||
|
In ITALY: ZERO! BBS: +39-11-6507540
|
||
|
In LUXEMBOURG: ComNet BBS: +352-466893
|
||
|
|
||
|
UNITED STATES: etext.archive.umich.edu (192.131.22.8) in /pub/CuD/
|
||
|
ftp.eff.org (192.88.144.4) in /pub/Publications/CuD/
|
||
|
aql.gatech.edu (128.61.10.53) in /pub/eff/cud/
|
||
|
world.std.com in /src/wuarchive/doc/EFF/Publications/CuD/
|
||
|
wuarchive.wustl.edu in /doc/EFF/Publications/CuD/
|
||
|
EUROPE: nic.funet.fi in pub/doc/cud/ (Finland)
|
||
|
ftp.warwick.ac.uk in pub/cud/ (United Kingdom)
|
||
|
|
||
|
JAPAN: ftp://www.rcac.tdi.co.jp/pub/mirror/CuD
|
||
|
|
||
|
The most recent issues of CuD can be obtained from the
|
||
|
Cu Digest WWW site at:
|
||
|
URL: http://www.soci.niu.edu:80/~cudigest/
|
||
|
|
||
|
COMPUTER UNDERGROUND DIGEST is an open forum dedicated to sharing
|
||
|
information among computerists and to the presentation and debate of
|
||
|
diverse views. CuD material may be reprinted for non-profit as long
|
||
|
as the source is cited. Authors hold a presumptive copyright, and
|
||
|
they should be contacted for reprint permission. It is assumed that
|
||
|
non-personal mail to the moderators may be reprinted unless otherwise
|
||
|
specified. Readers are encouraged to submit reasoned articles
|
||
|
relating to computer culture and communication. Articles are
|
||
|
preferred to short responses. Please avoid quoting previous posts
|
||
|
unless absolutely necessary.
|
||
|
|
||
|
DISCLAIMER: The views represented herein do not necessarily represent
|
||
|
the views of the moderators. Digest contributors assume all
|
||
|
responsibility for ensuring that articles submitted do not
|
||
|
violate copyright protections.
|
||
|
|
||
|
------------------------------
|
||
|
|
||
|
End of Computer Underground Digest #7.80
|
||
|
************************************
|
||
|
|