783 lines
36 KiB
Plaintext
783 lines
36 KiB
Plaintext
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Computer underground Digest Sun Jun 25, 1995 Volume 7 : Issue 53
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ISSN 1004-042X
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Editors: Jim Thomas and Gordon Meyer (TK0JUT2@MVS.CSO.NIU.EDU
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Archivist: Brendan Kehoe
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Shadow Master: Stanton McCandlish
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Field Agent Extraordinaire: David Smith
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Shadow-Archivists: Dan Carosone / Paul Southworth
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Ralph Sims / Jyrki Kuoppala
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Ian Dickinson
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la Triviata: Which wine goes best with Unix?
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CONTENTS, #7.53 (Sun, Jun 25, 1995)
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File 1--Commentary and Background on CCC (Cincinatti) BBS Bust
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File 2--Message From Bubba IMPORTANT! PLEASE READ!! (fwd)
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File 3--german police only seizes computers with pgp
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File 4--GovAccess.145: Newt opposes censors
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File 5--GovAccess.143: Cybersex! What to do? What to do?
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File 6--File 1--Against Intellectual Property
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File 7-- FBI to search 30,000+ US homes/businesses
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File 8--Cu Digest Header Info (unchanged since 19 Apr, 1995)
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CuD ADMINISTRATIVE, EDITORIAL, AND SUBSCRIPTION INFORMATION APPEARS IN
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THE CONCLUDING FILE AT THE END OF EACH ISSUE.
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---------------------------------------------------------------------
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Date: Thu, 22 Jun 1995 23:01:43 PDT
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From: Paul J. Ste. Marie <pstemari@well.sf.ca.us>
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Subject: File 1--Commentary and Background on CCC (Cincinatti) BBS Bust
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((MODERATORS' NOTE: The follow post reports on a meeting of users of
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the Cincinnati Computer Connection, and includes a comment by the CCC
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Sysop, reprinted with permission)).
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I attended the meeting held tonight by the users of the Cincinnati
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Computer Connection. About 100 users were in attendance. Here's
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what I found out:
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On Friday 6/16/95 5 BBS's in the Cincinnati area were seized by the
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"Regional Electronic Computer Intelligence" task force organized by
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Hamilton County Sheriff Simon Leis (of Mapplethorpe fame). All
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materials were seized and held under sealed search warrants, but no
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charges have been filed so
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far. Two of the BBS's are back on-line to a limited extent.
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The BBS's involved are:
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Cincinnati Computer Connection
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Data: 513-752-1055
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Sysop Bob Emerson, bob.emerson@cccbbs.cincinnati.oh.us
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Up All Night
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Sysop Steve Brown
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Love Land
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Data: 513-683-8814
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Fox Palace
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(no info)
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Inner State BBS
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(no info)
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The only comment to date by Leis is that things other than computer porn are
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being investigated. He declined to attend the meeting.
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The Cincinnati Computer Connection is a large BBS, with about 25 nodes.
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There is an adult area on the board, but access is quite limited and the
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files are screened fairly carefully. (I previously mentioned in email
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that I got the general impression that there were no adult areas on the
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board, but that was not correct.) Sysop Bob Emerson has retained Lou
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Serkin (spelling?) as his attorney, who has been trying to reach
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<mnemonic>.
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Many users expressed support for Emerson at the meeting, which was taped by
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crews from all the major Cincinnati television stations. I'm still
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researching to see what coverage I can find in the Cincinnati newspapers.
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Ann Hartman from WNKU taped a few sound bites from me on the Exon bill, and
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will air a show about this on WNKU (NPR affiliate in Northern Kentucky)
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Thurs 6/29 @ 4 pm. Her number is (606)572-6564.
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=============================
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Here's the statement from the Sysop about what happened:
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Date: 06-17-95 (09:03) Number: 27 of 1384 (Refer# NONE)
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To: ALL
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From: SYSOP
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Subj: C.C.C. BBS
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Read: (N/A) Status: PUBLIC MESSAGE
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Conf: Main Board (0) Read Type: GENERAL (+) HAS REPLIES
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Well boys and girles it seems the GOD of Hamilton County has spoken!
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On Friday at about 10:00am the Hamilton County Sheriff department
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showed up at the C.C.C BBS and took all of our computers and related
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items. Seems they where looking for X-Rated pictures. They had NO idea
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what they where doing so some of the stuff may be worthless. The best
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thing anyone can do right now is to let them know you have rights and
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call, and or write everyone you can think of. Since they knew what they
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where looking fo all they needed to take was the hard drive or the
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server, no one they sent knew anything about computers other that the
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very basics. They just took everything to show they could do it and to
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make it hard on you and me. We have around 5000 people that use this
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system (NOT all subscribers) and I think if we spread the word to other
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systems and make a LOT of phone calls someone will have to start to hear
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us. So please call the TV news stations the Papers and for sure the
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Hamilton County Shefiff's offices and ask for Simon if you want but make
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sure you let them know how you feel. Thats the only way there gonna know
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how much your ticked off. Anyone that does this please leave a message
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and let us know what there responce to you was.
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The Cincinnati Computer Connection will be back on-line in a few days.
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I'm gonna have to buy a ton of computer in the next few days so please
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hang in there with me.
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Thanks Bob...
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PS I'm realy bad at getting things like this rolling if anyone has
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numbers and addresses they can post please do so and we can make a
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difference.
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=============================
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Here's a letter from a user to Sheriff Simon Leis about this incident:
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The Cincinnati Computer Connection Node 15 06-23-95 01:09
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Name: PAUL STE.MARIE
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Date: 06-20-95 (20:11) Number: 787 of 1391 (Refer# NONE)
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To: ALL
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From: BOB HEIGES
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Subj: THURSDAY'S MEETING
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Read: (N/A) Status: PUBLIC MESSAGE
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Conf: Main Board (0) Read Type: GENERAL (+) HAS REPLIES
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This is a copy of a letter I sent AS YOUR SPOKESPERSON to Sheriff
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Leis. The sheriff was on Channel 5 saying that he had not gotten his
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invitation yet (no doubt true!), so I FAXed him a copy to back up the
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one he will get in the mail. A copy went to Chs 5, 9, 12, 19.
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----------------------------------------------------------------------
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Dear Sheriff Leis,
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I am writing this letter as a spokesperson for the users of one of the
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computer bulletin board systems (BBS) "raided" last Friday by the
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Regional Electronics Computer Intelligence (RECI) task force. I do
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not speak for or represent any BBS operator, nor do I operate a BBS
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myself.
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You and others from your department or RECI task force are invited to
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attend a "town hall" meeting on Thursday, the 22nd of June. This
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meeting will be held at the Tom A. Moore Building, 3457 Montgomery
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Road, at 7:30 PM. There are two purposes for this meeting. First,
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many of the people affected by the BBS shut down want to know what
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happened. I'm sure I don't need to tell you that the rumors are not
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complimentary to either the Sheriff's Department or the task force,
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but most of us understand that there may be two very different sides
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to this issue. You and/or a spokesperson for you will be welcome to
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speak to the group. We anticipate some media coverage, so both sides
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of the issue will be on the record. If you require special
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arrangements to attend, please let me know what they are.
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Sheriff Leis, I look forward to meeting you Thursday evening. I hope,
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if nothing else, you leave the meeting knowing that BBSers - both
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operators and users - are not a bunch of dirty old men drooling over
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porn. As a matter of fact, we anticipate that there will numerous
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families at the meeting.
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I am providing a copy of this invitation to a few media organizations.
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If you cannot attend the meeting and choose instead to give us a
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written statement, we will read that at the meeting and provide
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complete, unedited copies to the media.
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Sincerely,
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s/bob heiges
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<<<>>>
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=============================
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Here's another statement from a BBS user:
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As many of you know, the Computer Task Force, or perhaps better named The
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Smut Gestapo , raided Bob Emerson, sysop of Cincinnati Computer Connection
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and removed over $100,000 in computer equipment.
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This is one of the better BBS's in our area. Out of over 81,000 files only
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40 could be classified, in their opinion, as adult and pornographic in
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nature.
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Note, we did say, "Their Opinion!" Without going into long comments about
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all the Rights we are losing on what seems to be a daily basis, What's Next?
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Are we going to be told on what side of the street we have to walk? If you
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go to Church, are we going to be told, where we have to go?
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Censorship, now there's a word for you to consider. Webster's New World
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Dictionary, of the American Language, College Edition, defines it, in part,
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as follows:
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1. A censoring 2. A system of censoring 3. The work or position of a censor.
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Now, if you look at Censor:
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You'll find some of the following:
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1. To supervise public morals
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or better yet:
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2. A person who tells people how to behave
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or perhaps:
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A person whose task is to examine literature, motion pictures, etc., and
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remove or prohibit anything considered unsuitable.
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Now here are just a few more thing to consider. Isn't Censorship illegal?
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And, what in the world has happened to our Freedom of Choice, Speech and who
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knows how many more? Are we going back in time? Perhaps we're all living in
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Germany, second world war. The GESTAPO would come crashing through anyone's
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door, for any reason, confiscate whatever, and perhaps drag you off to a
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Concentration Camp!
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Where are we now? In the U.S.A.? All this could make you really wonder?
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Enough of the soap box. Bob is not the type of person, Thank GOD, who puts
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his head in the sand or runs like a frightened child. His system, CCC, is
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back on line!
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THAT'S RIGHT! He bought NEW EQUIPMENT and is back! However, he could use you
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help. ANYTHING, you can send, Dimes or Dollars. Just drop something in the
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mail and send it to:
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Bob Emerson
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4466 Dogwood Drive
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Batavia, Ohio 45103
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Even if you don't call his system, you will be helping other sysops keep
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their BBS's up and running and give yourself some place to call. Of course,
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you can elect not to become involved and keep the money in your pocket.
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However, in a short time you maybe trying to sell you modem, since there
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will be NO local systems to call. What will to be worth? Not much, since it
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will be a worthless piece of equipment.
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#12 of 12: Paul J. Ste. Marie (pstemari) Thu Jun 22 '95 (23:04) 16 lines
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In general, the users in Cincinnati are furious. There's about 5,000 users
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on the CCC BBS (I have little info on the other boards raided). Aparently
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Leis has harassed the sysop, Bob Emerson, in the past in regards to his
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video store.
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There are also some strange quirks in this. The BBS was operated out of
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Clarement County, outside Leis's jurisdiction of Hamilton County, and Leis
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did not brief the Clarement County representative on his RECI task force
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about this raid in advance. Some of the other 4 boards are located in
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Kentucky, not Cincinnati.
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Finally, there is apparently some sort of FBI operation going on IRT AOL and
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kiddie porn. Emerson's case is not involved in this, and both he and the
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users of this BBS emphatically denied and denounced kiddie porn.
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I'll post more news as it becomes available.
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------------------------------
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Date: Fri, 23 Jun 1995 09:45:38 -0600
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From: Gordon R. Meyer <grmeyer@mcs.com
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Subject: File 2--Message From Bubba IMPORTANT! PLEASE READ!! (fwd)
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((MODERATORS' NOTE: The following was forwarded by a user of
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one of the raided BBSes in Cincinatti))
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Because of events that occurred on June 16 in the Greater
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Cincinnati area, where I live, I will no longer be posting binary
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picture files to any Usenet group. No more "Bubba's Odds n' ends." I
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know that doesn't break everyone's heart, but I did get some nice mail
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from some interesting people.
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On Friday, June 16, a Task Force of local law enforcement
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authorities from two Ohio counties and one Northern Kentucky county
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served five search warrants looking for pornography and other material
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that could be transmitted in such a manner that it could be obtained
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by minors. In other words, binary pictures and textual materials that
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could and were posted to Usenet groups and to BBSs. No arrests were
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made and no charges have been filed. The warrants were served without
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indictments or charges having been previously made. It was a classic
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fishing expedition. The stated purpose was to search for pornography.
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The obvious true purpose was to chill the free exercise of First
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Amendment rights. They want to make people scared to post material.
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Legal? It is. Wrong? It certainly is in my book.
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Have I been chilled? I certainly have. The warrants resulted
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in the seizure of more than a million dollars worth of computers and
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software. Frankly, I can't afford to have my computer confiscated and
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kept by law enforcement and prosecutors while they search it for
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information to present to a Grand Jury to try to get indictments so
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they can prosecute people for peddling smut on the internet. Frankly,
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they probably won't get much of value to them. They have been trying
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to prosecute what they deem obscene for years now. I have lived in
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this area for almost 20 years and I don't recall that the Hamilton
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County Sheriff and the prosecutor have had one successful prosecution.
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So, lately, they have been resorting to threats and fear tactics. It
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works, sometimes.
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It is working with me. The authorities can hold those seized
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com-puters and the software and files until they no longer need them
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for eviden-tiary purposes. That could be a year or more. Ask
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yourself this. What condition do you think those computers are going
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to be in when they are returned? Do you suppose some HDDs might
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"accidentally" be erased? Do you think other components might get
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crippled? Could a power surge suddenly occur while one of the
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computers is plugged in? Another thing to think about is that the
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computers can and probably would be kept by the authori-ties and sold
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if and charges were successfully brought against an owner and a
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conviction (including a plea bargain) obtained.
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I understand that the First Amendment is local law as far as
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the rest of the world is concerned. But, here it is just as
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irrelevant to cer-tain prosecuters and cops as it is to someone living
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in Italy.
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I suggest that what happened where I live may seem to be an
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isolated incident to most people. But, I also suggest that the
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incident may be iso-lated, but the mind-set that brought it about is
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not. This will occur in other parts of the US. It's a shame, but our
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own local law enforcement authorities are a greater threat to our free
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speech rights than are any of the politicians and bureaucrats in
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Washington.
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Later,
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bubba
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------------------------------
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Date: Sun, 18 Jun 1995 21:41:00 +0200
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From: M.VIRTEL@BIONIC.ZER.DE(Martin Virtel)
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Subject: File 3--german police only seizes computers with pgp
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german police only seizes computers with pgp
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~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
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on june 13th, the german police raided approx. 50 offices and private
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homes in the whole country in search of evidence about a left-leaning
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terrorist group, Antiimperialistische Zellen (AIZ).
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from the northern town of Neum|nster, near Kiel, comes this report:
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--quote--
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police searched a building used among others by the left-wing information
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bureau "Omega", and seized everything at sight. the list of the seized
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material, which includes archives, computers equipment and files, is about
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30 pages long. among other items, an "address list of foreign subscribers
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of Radikal" [a left-wing publication] was seized.
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every door in the building was opened (by brute force, in most cases).
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only the presence of a lawyer prevented police from seizing the computer
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equipment of "Notruf", a sexual abuse self-help group for women whose
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office happened to be in the same building, but had no connections
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whatsoever to "Omega".
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interesting remarks were made by one of the policeman who inspected the
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computer equipment at the sexual abuse self-help group "Notruf":
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"If it had PGP installed, no lawyer would have prevented us from seizing
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this computer", he said.
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--unquote--
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(bitter irony on) which leads us to the astonishing conclusion that there
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*are* policemen who know what PGP is (bitter irony off), and further
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Philip Zimmermann's case that widespread use of pgp is a matter of
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solidarity - even solidarity whith people supposedly supporting awful
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things such as bombings.
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background information:
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the *AIZ - Antiimperialistische Zellen* (who triggered the raid) are
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thought to be the follow-up of Rote Armee Fraktion (RAF), a violent left-
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wing german terrorist group that was active above all in the 1970ies. So
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far, AIZ have claimed to be the authors of two bombings against government
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representatives. inidentally, nobody was injured or killed at these
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bombings, but anonymous press releases thought to be written by AIZ
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members forsee further attacks on "german elite persons".
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cryptography is not illegal in germany.
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------------------------------
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Date: Thu, 22 Jun 1995 08:15:22 -0700
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From: jwarren@WELL.COM(Jim Warren)
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Subject: File 4--GovAccess.145: Newt opposes censors
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Gingrich Advocates Adult Responsibility to Control Sex-Crazed Children
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in Senate
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[Folks, this looks *great* and all that - the Newt's stood up for
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freedom - but as someone noted long ago, "No [wo]man's freedom is safe
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while the legislature sits." It ain't over 'til it's over. Eternal
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vigilence, and all that. --jim]
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PRESS RELEASE -- For Immediate Release
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June 21, 1995
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Contact: the Center for Democracy and Technology at +1.202.637.9800
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CENTER FOR DEMOCRACY AND TECHNOLOGY PRAISES SPEAKER GINGRICH'S
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OPPOSITION TO EXON/COATS INTERNET CENSORSHIP BILL.
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In a move that is a boon for freedom of speech rights for Internet users,
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Speaker of the House Newt Gingrich has condemned the Exon/Coats
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"Communications Decency Act" as a "clear violation of free speech and ... a
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violation of the right of adults to communicate with each other."
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"Speaker Gingrich has demonstrated that he understands the unique nature of
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interactive media such as the Internet," said CDT Executive Director Jerry
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Berman. "Gingrich's leadship on this issue will assure that new interactive
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media will be free to grow without unproductive government intrusion, and
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that the First Amendment rights of users will be protected."
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The statement from the Republican leader came on the same day that Rep.
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Chris Cox (R-CA) and Rep. Ron Wyden (D-OR) announced that they are
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developing a different approach to the problem of children's access to
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controversial material on the Internet. Cox and Wyden say that they seek to
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encourage the development of blocking and filtering technologies that
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empower parents to screen the material to which their children have access.
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At the same time, they hope to keep the growing Internet free from
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intrusive and ineffective regulation by the Federal Communications
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Commission.
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"Along with the Speaker, Congessmen Cox and Wyden know that federal content
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censorship such as has existed in radio and television mass media will not
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be effective at protecting children," said Daniel Weitzner, CDT Deputy
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Director. "In the decentralized, global Internet environment, we must rely
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on user control technology to enable users and parents to determine for
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themselves the information that they and their children receive."
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The Exon Internet censorship bill was strongly opposed in the Senate by
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Senator Patrick Leahy (D-VT) and Senator Russell Feingold (D-WI). The
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Exon/Coats bill was approved, however, by the Senate last week and is still
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awaiting House action.
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Gingrich made his remarks (attached below) last night on a national
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television show, the Progress Report carried on National Empowerment
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Television during a discussion with Rep. Bob Walker (R-PA) and Progress and
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Freedom Foundation Chairman Jay Keyworth.
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Gingrich said:
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"I think that the Amendment you referred to by Senator Exon in the Senate
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will have no real meaning and have no real impact and in fact I don't think
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will survive. It is clearly a violation of free speech and it's a violation
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of the right of adults to communicate with each other. I don't agree with
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it and I don't think it is a serious way to discuss a serious issue, which
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is, how do you maintain the right of free speech for adults while also
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protecting children in a medium which is available to both? That's also
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frankly a problem with television and radio, and it's something that we
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have to wrestle with in a calm and mature way as a society. I think by
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offering a very badly thought out and not very productive amendment, if
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anything, that put the debate back a step."
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The Center for Democracy and Technology is a non-profit public interest
|
|
organization. The Center's mission is to develop and advocate public
|
|
policies that advance constitutional civil liberties and democratic values
|
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in new computer and communications technologies. [For info, info@cdt.org
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------------------------------
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Date: Wed, 21 Jun 1995 06:54:06 -0700
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From: jwarren@WELL.COM(Jim Warren)
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Subject: File 5--GovAccess.143: Cybersex! What to do? What to do?
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This is my "ACCESS" column in the July, 1995, issue of Government
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|
Technology. It circulates to more than 60,000 state and local
|
|
government officials, elected, appointed, administrative and staff. I
|
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wrote it almost two months ago.
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Cybersex! What to do? What to do?
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by Jim Warren
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It's not bad enough that provincial, net-naive federal senators have
|
|
threatened every citizen and sysop with a $100,000 fine and two years in
|
|
prison or both for using or knowingly permitting the use of any
|
|
"telecommunications device" for any "comment, request, suggestion,
|
|
proposal, image, or other communication which is obscene, lascivious,
|
|
filthy, or indecent" [see April, 1995, column].
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|
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Now some equally naive state politicians are leaping aboard the pandering
|
|
platform - with unrealistic legislative language to regulate things about
|
|
which they know nothing. Like many frightened and naive parents, they have
|
|
made the mistake of believing the foolishness aired during ratings races in
|
|
evening teevee news - sex is even better than blood in grabbing viewers.
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|
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These proposals are akin to ordinances, a century ago, that required
|
|
someone to walk fifty paces ahead of a horseless carriage, ringing a bell
|
|
or swinging a lantern. Dumb! Embarrassing!
|
|
|
|
But those legislative committees and rule-making bodies that conduct
|
|
reasoned, responsible deliberations on proposed cyber-censorship
|
|
legislation will find that there are substantive issues and alternatives
|
|
worth considering:
|
|
|
|
Technology as excuse
|
|
What most people do online on the global computer networks is
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|
speak. The only difference is that their speech uses electronic waves
|
|
rather than sound waves. Or they may be chatting in private electronic
|
|
rooms, assembling in electronic Hyde Parks or publishing paperless
|
|
periodicals using fully-recyclable digital ink.
|
|
Contrary what one sees in the ratings-race of television
|
|
exploitation, sexual content is a tiny, tiny fraction of the information
|
|
available on and shared across the global computer networks. Sex stories
|
|
available on the net are often far less erotic than Danielle Steel novels.
|
|
Provocatively titled graphics files well may be originated by a proud
|
|
husband, picturing a dowdy housewife in a two-piece bathing suit. And
|
|
certainly most of the electronic chat and commentary is less outrageous
|
|
than what can be heard over phone lines or at bars and cocktail parties.
|
|
Successful precedents concerning sexual expression could threaten
|
|
the fundamental freedom of expression regarding other subjects. E.g., the
|
|
legal arm of the Church of Scientology is vigorously litigating to force a
|
|
bulletin-board operator to entirely prohibit all access to a COS critic
|
|
whom COS contends has distributed pages of its copyrighted works, and is
|
|
also demanding that a major network services provider monitor all public
|
|
transmissions that pass through its facilities and censor them of
|
|
copyrighted COS text.
|
|
Legislative and regulatory bodies should consider carefully, the
|
|
implications of attempting to use technology as an excuse for attacking
|
|
First Amendment freedoms.
|
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|
|
Baby's bath water
|
|
Ill-phrased legislation targeted only for technology-aided speech,
|
|
press or assembly could inadvertently prohibit electronic exchange of text
|
|
or images in medical records, legal briefs, court evidence, suicide
|
|
intervention, child-safety information, law enforcement details, sex
|
|
counseling, AIDS awareness, art history, gallery photography, and so on -
|
|
especially recognizing that computer networks are global in scope.
|
|
Sexual content forms a continuum, from essential to outrageous.
|
|
Furthermore, what may be inappropriate for one group is crucial for another
|
|
group.
|
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|
|
Technological solutions
|
|
There are problems with cybersex - most of them related to children.
|
|
But, perhaps the greatest reason for responsible policy-makers to
|
|
go slowly in mandating cyber-censorship is that there are often computer
|
|
solutions to the problems that computer networks have created regarding
|
|
offensive content:
|
|
|
|
Filters. Computer programs can allow users to self-censor offensive text.
|
|
"Bozo filters" automatically reject messages from offensive senders.
|
|
Programs can scan all incoming text and 'X'-out words and phrases that the
|
|
user specifies as being objectionable. Filter lists can be passworded for
|
|
adult control.
|
|
|
|
Blockers. Similar software could allow parents, teachers and librarians to
|
|
limit the computer sites and/or addressees to which their children,
|
|
students or patrons can have access. Such limits could be inclusive or
|
|
exclusive - allowing the supervising person to specify what is accessible,
|
|
or what is blocked.
|
|
|
|
Tracers. Parents and teachers wishing to monitor where their children are
|
|
going and who they are playing with could require that they use software
|
|
that records all user-ids, site-names and file-names accessed by each
|
|
child. Those who are offended by such parental or teacher oversight need
|
|
not use them.
|
|
For people who are being harassed, reader software could be
|
|
designed and warranted to retain a certified copy of all such transactions,
|
|
for use as evidence in criminal prosecution or civil litigation.
|
|
|
|
User-ids and computer site-names. Most sysops that offer adult content - at
|
|
least those who hope to stay out of jail - are more-than-willing to
|
|
prohibit access by children. But they need to be able to identify minors.
|
|
Parents and institutions that provide user-ids for children could
|
|
include "kid" as part of the user-id, such as "kid.jim". Schools could
|
|
choose site-names that include "K12" as part of their names. Then, sysops
|
|
of adult sites could easily reject access requests from such user-ids and
|
|
site-names. Additionally, this would allow children to identify other
|
|
children - or would provide strong evidence of intent, against a suspected
|
|
pedophile who used a child or school id.
|
|
Similarly, operators wishing to offer adult content could use
|
|
site-names that include "xx" and "xxx" as a dot-delimited part of their
|
|
site's name. Then parents, schools and libraries could use blocking or
|
|
filtering software to prohibit access to such clearly-marked adult sites.
|
|
Of course, this would allow kids to more-easily find the adult
|
|
sites, and allow the rare pedophile to identify children - but that simply
|
|
reflects the real world.
|
|
|
|
User and site lists. Concerned organizations could set up directories of
|
|
all user-ids declared as belonging to minors - perhaps provided by parents
|
|
or schools. Similar directories could list all adult sites.
|
|
Various groups - the Moral Majority, the Sexual Freedom League,
|
|
etc. - could maintain lists of "recommended" and "offensive" sites.
|
|
|
|
What technology has endangered, it can sometimes protect. Give it a
|
|
chance.
|
|
|
|
------------------------------
|
|
|
|
Date: Thu, 22 Jun 1995 15:08:44 -0500
|
|
From: Neil Rickert <rickert@CS.NIU.EDU>
|
|
Subject: File 6--File 1--Against Intellectual Property
|
|
|
|
In comp.society.cu-digest you write:
|
|
|
|
>AGAINST INTELLECTUAL PROPERTY
|
|
|
|
>There is a strong case for opposing intellectual property. There are a number
|
|
>of negative consequences of the ownership of information, such as retarding
|
|
>of innovation and exploitation of poor countries. ...
|
|
|
|
I have a great deal of sympathy for Martin's argument. However, I
|
|
suspect that it is unworkable.
|
|
|
|
Let me first make two points in support of the proposal.
|
|
|
|
1: It is impossible to account for the origin of intellectual
|
|
property. If I create something valuable -- a book or a computer
|
|
program -- then my creativity owes something to my teachers and
|
|
to all of the other reading I have done. My ability to create is
|
|
a consequence of what I was given by my forebears. I owe it to
|
|
them to likewise pass on my own inventions.
|
|
|
|
2: Intellectual property is contrary to human nature. You can see
|
|
this by looking at young children. They seem to have a natural
|
|
sense of physical property. But when it comes to ideas they
|
|
always want to share.
|
|
|
|
But there is another side, and the other side exists because of the
|
|
nature of our economies, and the nature of businesses.
|
|
|
|
Martin makes the case that a creator often feels rewarded adequately
|
|
if people use her intellectual creation. I agree. But imagine
|
|
someone has created a great new computer program. She hears that it
|
|
is being widely used. She may feel elated. But then she hears that
|
|
the users have purchased it from Microhard corporation, which is
|
|
selling it as its own creation, and is making $$millions. I think
|
|
her elation will quickly turn to anger. Perhaps she would not be
|
|
upset if Microhard corporation made it clear that this was her
|
|
invention, was available free, and purchasers were only buying the
|
|
setup and support to make the product easily available to them. But
|
|
Microhard corporation has done enough in creative packaging that it
|
|
wants to consider this its own product.
|
|
|
|
Martin suggests that such plagiarism will not be a serious problem,
|
|
because there are social pressures. I think he is largely correct
|
|
when it comes to individuals. But the only pressure corporations
|
|
feel is the pressure of the "bottom line," so they will not be so
|
|
easily dissuaded from plagiarizing. Moreover, as rich corporations,
|
|
they can spend some of their profits on TV advertizing so as to
|
|
maintain an image.
|
|
|
|
I have suggested that intellectual property is contrary to human
|
|
nature. Under the law a corporation is a virtual person, but
|
|
corporations are not responsive to the drives of human nature. In a
|
|
sense corporations are themselves contrary to human nature.
|
|
|
|
Perhaps a problem with current law is that it fails to distinguish
|
|
adequately between private individual use of intellectual property,
|
|
and corporate and business use of intellectual property. There is a
|
|
de facto distinction, in that it is rarely useful to file a lawsuit
|
|
against individuals on these issues. Maybe the law should be moved
|
|
in a direction more consistent with current practice.
|
|
|
|
------------------------------
|
|
|
|
Date: Fri, 23 Jun 95 14:09:15 EDT
|
|
From: "W. K. (Bill) Gorman" <34AEJ7D@CMUVM.CSV.CMICH.EDU>
|
|
Subject: File 7-- FBI to search 30,000+ US homes/businesses
|
|
|
|
FBI plans to search upwards of 30,000 American homes and businesses were
|
|
"leaked" in a VERY BRIEF mention on the Rush Limbaugh show 6/21/95.
|
|
Mr. Limbaugh referred to a USA Today article, presumably of the same
|
|
date, which referenced a newspaper in CT as the original source.
|
|
|
|
According to the article, the FBI, apparently in anticipation of the
|
|
passage of the Constitution-aborting Anti-Terrorism bill AND the
|
|
equally totalitarian Exon "Communications 'Decency' Act" which has
|
|
been attached to the Telecom Reform Act, has leaked plans to conduct
|
|
SEARCHES OF THE HOMES AND BUSINESSES OF 30,000+ AMERICANS. Their
|
|
rationale for this is the claim that these persons - now get this - MAY
|
|
HAVE VIEWED some form of "child pornography", real or morphed, on
|
|
their PC screens sometime in the past.
|
|
|
|
Articles describing this totalitarian lunacy have also appeared
|
|
in the Fort Wayne newspaperson 6/21/95. No mention of it that
|
|
I am aware of from TV journalists. No guts, guys?
|
|
|
|
Will the feds find it expedient to seize every single piece of
|
|
computer equipment found in these homes, along
|
|
with any firearms, cash, jewelry, other valuables or financial records,
|
|
regardless of whether or not anything actually ILLEGAL is found? Past
|
|
performance indicates that this is likely to be the case. How many
|
|
innocent Americans will be killed in these raids? How many children?
|
|
How many pets will be tortured to death for the amusement of those
|
|
conducting the raid, as was the kitten which was stomped to death by
|
|
a rogue BATF agent during the infamous Lamplugh raid, as revealed
|
|
during testimony before the Senate Judiciary Terrorism Subcommittee?
|
|
Why is anyone who would perform such a psychotic act permitted to hold
|
|
a position of responsibility in government service or law enforcement?
|
|
|
|
Has Congress lost all touch with reality? Are they TRYING to see how
|
|
many ways they can find to force Americans into the burgeoning militias?
|
|
Are they TRYING to make the appellation "jack-booted thugs" actually
|
|
synonimous with all federal law enforcement personnel?
|
|
|
|
W. K. Gorman <bj496@Cleveland.Freenet.Edu>
|
|
|
|
Copyright (C) 1995 by W. K. Gorman.
|
|
With explicit reservation of all rights, exclusively and without prejudice,
|
|
per UCC 1-207. Any commercial or for-profit use of all or any part of this
|
|
message, in any form, is expressly forbidden. Opinions are my own.
|
|
|
|
------------------------------
|
|
|
|
Date: Sun, 19 Apr 1995 22:51:01 CDT
|
|
From: CuD Moderators <cudigest@sun.soci.niu.edu>
|
|
Subject: File 8--Cu Digest Header Info (unchanged since 19 Apr, 1995)
|
|
|
|
Cu-Digest is a weekly electronic journal/newsletter. Subscriptions are
|
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available at no cost electronically.
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CuD is available as a Usenet newsgroup: comp.society.cu-digest
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|
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Or, to subscribe, send a one-line message: SUB CUDIGEST your name
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Send it to LISTSERV@VMD.CSO.UIUC.EDU
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The editors may be contacted by voice (815-753-0303), fax (815-753-6302)
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or U.S. mail at: Jim Thomas, Department of Sociology, NIU, DeKalb, IL
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------------------------------
|
|
|
|
End of Computer Underground Digest #7.53
|
|
************************************
|
|
|