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STARK NAKED
The Journal of Stark County Telecom
Support BBS: The Dragon's Lair BBS
Running Renegade Beta 216-966-8970
August 8, 1992 Volume #1, Issue #3
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[ Akron Anomoly Follow-Up: Authorities Crack Down on BBS'es ]
[ A Look at Ohio Law, House Legislation]
As reported in the last issue of STARK NAKED, the Akron BBS
Akron Anomoly was closed by authorities for offering porno
GIFs to minors. In this issue of STARK NAKED, we'll look at
other cases similar to that in Akron, viewpoints on either
side of the issue, legislation and local efforts concerning
Akron Anomoly.
This was posted at 8:21am on July 25th by Robert
Nykvist (DCJG12A) on Prodigy's Communications Board.
SUBJECT: POLICE SEIZED BBS
Mobile Alabama - Police seize sex computer. More than
$10,000 worth of computer equipment and a quantity of
allegeded obscene materials were seized this week after a
search warrant was served at a local residence. The seizure
followed a citizen's complaint of sexually explicit
materials being made available via a computer network that
had public access. No arrests have been made, and an
investigation is continuing.
** In response, Prodigy user SPKX39A, David McClain,
posted this on July 28 at 10:52am.
SUBJECT: POLICE SEIZED BBS
If they are carrying porn, every citizen should point the
finger! There are lots of subjects for a bbs, Porn doesn't
have to be one of them. It is really sad to see that it is
so prevalent in the bbs world. How would one of these people
feel if they just downloaded the latest porn Gif from the
local board, they hurry to get out the old gif viewer,
Sweating, itching with anticipation......the picture comes
up, and there lays there daughter, or mother, or wife...
How would they feel then?
The following message appeared on PCRelay and gives more
details on the Mobile, Alabama arrest.
From : DAVID KAHAN Number : 1241 of 1381
To : MICHAEL HARRISON Date : 07/27/92 8:53am
Subject : BUSTED BBS Reference : NONE
Read : NO Private : NO
Conf : 018 - [ Sysop ] Relay
MH>I am a sysop of a bulletin board system in a small town in Alabama about
MH>1 hours drive from Mobile Alabama. I was watching the local Mobile news
MH>tonight and was very upset about a BBS system that was closed down by
MH>local Mobile police. According to the news this system was charging $25
MH>dollars a year for access to the system. On his system he had an Adult
MH>section, as alot of BBSes do, and had Homosexal material on it.
MH>One of his PAYING users
MH>downloaded of of the pictures and
MH>didn't like the recived image so he called the Police and the system
MH>was shut down and his equipment taken. No charges have of yet been
MH>filled but all his equipment is gone. I do not like Homosexal
MH>activity or .GIFs of it but what gives the Police the right to
MH>take equipment. This , I believe, should be a violation of the first
MH>amendment. After all, the user did not walk into a 7-11 and see it
MH>nor did he turn on the TV and see it. He requested it! As a sysop
MH>myself, I am conserned that a unhappy user can have my equipment
MH>taken. I am no lawer but something seems quit wrong with this
MH>picture. Operation Sunburst comes to mind here. I am righting this to
MH>inform the BBS world what is going on and to see if anyone else has
heard of such a case.
Mike, I agree with you. This user didn't have to download the file.
Every file should have a description and if he didn't read it
completely, it's his fault for downloading it.
Reading stuff like that sometimes makes me think. "Do I or don't I want
an adult area?" I know I am very picky on who I allow in my adult areas,
but you never can tell.
Dave
---
MORE BBS (401)849-1874/849-2215 Middletown RI
This information, also from PCRelay, gives an opinion on
the Alabama incident as well as some more information on
Alabama.
From : JAY HEYL Number : 1323 of 1381
To : MICHAEL HARRISON Date : 07/27/92 11:04
Subject : BUSTED BBS Reference : NONE
Read : NO Private : NO
Conf : 018 - [ Sysop ] Relay
I personally agree with your thoughts about violation of First
Amendment rights, but the Supreme Court has determined that it's up to
local communities to establish what is considered obscene (not
protected by the First Amendment) and what is not. Alabama has taken
a very limited view of what is protected by the First Amendment as far
as explicit sexual images are concerned. They have effectively shut
down at least one former "adult" satellite TV operation because this
company was beaming their signal into Alabama. (Sending obscene
material across the state line.) Never mind that the only people who
could view this signal had to have a decoder rented from the company.
As for why the police can confiscate the equipment, that's been
discussed ad naseum in this forum. Suffice it to say that if the
police had a valid search warrant and deemed that there was sufficient
evidence to indicate a crime had been committed (distribution of
obscene material in this case), they are within their rights to
confiscate the equipment to use as evidence. If the sysop is not
found guilty of a crime, his equipment should be returned after it is
no longer needed as evidence. (SHOULD is the operative term here, but
that's a whole 'nother discussion.)
---
? SPEED 1.10 #1054 ? The Cookie Jar ? 714.997.0350 ? Running GAP 6.0/M
The Crow's Nest BBS - Monarch Beach, CA
*** So what exactly can Mark Lehrer be charged with?
This is what the Ohio Criminal Code says about
obscene material. Note that the reference in the
law seem specific to magazine racks and really
aren't in reference to online "porn."
Ohio Criminal Law [2907.31.1] 2907.311
"(A) No person who has custody, control, or supervision
of a commercial establishment, with knowledge of the
character or content of the material involved, shall
display at the establishment any material that is harmful
to juveniles and that is open in view by juveniles as
part of the invited general public.
(B) It is not a violation of division (A) of this
section if the material in question is displayed by
placing it behind `blinder racks' or similar devices
that cover at least the lower two-thirds of the material,
if the material in question is wrapped or placed behind
the counter, or if the material in question otherwise is
covered or located so that the portion that is harmful to
juveniles is not open to the view of juveniles.
(C) Whoever violates this section is guilty of displaying
matter harmful to juveniles, a misdemeanor of the first
degree. Each day during which the offender is in violation
of this section constitutes a separate offense."
Just off of the top of my head (I'm no lawyer), it
seems that 1) the teenager that downloaded these
GIFs had to be a paying user because of the "commercial"
clause, 2) the material was not just in open view,
it had to be downloaded and a proper program run.
One of the more disturbing things I found while
researching for this article was this interesting
text file from California, courtesy of the Pleasure
Dome BBS. It is a verbatim transcript of a letter
sent to a local sysop. In it are some scary things
especially from a sysop's end.
Read some of the things in it and think about what
these people are saying.
"From: The National Coalition Against Pornography "Standing Together"
Newsletter. Community Action Column, March-April 1990"
"Computer pornography? It's Everywhere...."
by Christine Marshall
"CHILD MOLESTER NETWORKS
Apparently, the U.S. Customs Agency has been aware of and investigating
adult BBS's for some time. Obscene BBS programs that originate in other
countries and are illegally imported, are being used by American computer
hobbyists. The privately used foreign programs are now breaking
obscenity laws and causing damage through computer networks across
the country. U.S. Customs has learned that many of the BBS's make it
easier for pedophiles to molest children by listing the names and
locations of potential victims-and by encouraging sexual activity with
minors.
Some of the programs found to this date have come from Germany. U.S.
Customs has been involved in investigations because the importation of
obscene material is prohibited by law. In their investigations, they
have documented the use of these networks by pedophiles as an aid in
molestation of children.
ACTION STEPS
When I learned of all this, I immediately wondered what course of action
I could take as a relative "computer-illiterate" and average citizen.
This is what I found that we all can do:
1. If you have access to a computer and modem, check your local BBS
networks for adult services. If you find any, notify your sheriff and
the local U.S. Customs agent. Give them as much information as possible
to aid in their investigations.
2. Let other concerned neighbors and groups know of the existence of
the adult BBS's. Encourage them to join you on Action Step 1.
3. Write or call the U.S. Customs Agency to encourage them to continue
investigating pornographic BBS's. You can write them at 1301
Constitution Ave. NW, Washington, DC, 20229, or call (202) 566-8195."
Those are direct quotes from that article. When I read
about "child-molestation networks" I almost had to laugh,
but then realized exactly what this woman was saying
and what it would do. I read in USA Today that only 33%
of the American population own personal computers. And
of that 33%, most do not own a modem. And of those that
do own a modem, many of them are not active on local
bulletin boards. So when a woman who sounds like she knows
what she is talking about begins to make this allegations,
people believe her.
[ Canton Connection Follow-Up: Rearing Our Ugly Heads (ED) ]
An Editorial by the Sorcerer
As I told you in the last issue, Canton Connection BBS has
refused to allow this newsletter on their system, for some
reason. And after asking them about it a few times, I was
refused on their system!
Since then, I'd like to thank the users that have stood up
for me on there. There are many who do not want to have
their names published, but the ones that have let me know
what side they are on include the Lord, Elminster, Electric
Messiah, the Magister, and others.
When Elminster found out that the newsletter had been deleted,
he posted a public message in the Hello Sig just asking the
sysops to explain why they thought that the newsletter was
unfit for download. The message was deleted. So was Elminster.
Sanguinius also had poetry deleted in the Poetry Sig. This
news came to me a few days ago and I don't really have any
details on it.
So Elminster and I thought that we would call up Larry Smith,
co-sysop of Canton Connection, and ask him about Elminster's
account. I was called by Larry right after he deleted me
last Sunday morning but Elm had been given no reason or anything
for his "dismissal."
We called Larry a few days ago. The conversation was extremely
interesting. Although not verbatim, it went something like,
"Hello, is Larry there?"
"This is Larry."
"Larry, this is the Sorcerer and Elminster. We just want to
talk to you about Elm's account getting deleted."
"This is who?"
"You know, Longshot and Elminster. From your bulletin board."
"I don't run a bulletin board..."
ELM: "You have a modem?"
"A modem? What's that?"
"Uh, Larry, no offense, but we've talked to you before and
we know your voice."
>> CLICK <<
So we called back.
>> CLICK <<
Again, that is not a verbatim account of what happened, but
it is pretty close. I found it interesting that this Larry
Smith that we called knew enough to know that one "runs" a
bulletin board, yet he didn't know what a modem was. Most
people who aren't aware of what a modem is don't know what
a bulletin board is, either.
So, I take it that we aren't going to get a straight answer
out of the Canton Connection staff. I guess that the users
there will be happy ... until they post something that the
sysops don't like.
By the way, the number that we called for Larry Smith was
confirmed by three sources. And trust me: it was him.
At any rate, I would urge everyone that does not believe
that we should put up with censorship on bulletin boards
should ask Larry about their decision. And let us know
what happens. I know that I'm interested. Thanks.
-The Sorcerer
[ Making the Rounds: Stark Naked is Getting Around the Area ]
Imagine my surprise while going through the messages at
Saturday !! BBS to see this post:
Msg # 77 of 79 Date: Mon 7-27-92, 11:43 pm
From: BRENT WOODFORD
Read: 9 times
To: SYSOP & ALL
Subject: Re: Akron Anamoly?
I just uploaded a txt file that I got from Triway BBS. It is some sort of a
newsletter from Dragon's Lair BBS. It has a lot of information on the Akron
Anamoly bust. It was a sting operation in which the police co-operated with
a 15 year old for 2 months to bust Mark. They confiscated all of his
equipment. The newsletter also include an article which was in the Plain
Dealer (July 21, I think). Put it on line so it can be downloaded for more
info.
BAW!
Again Reply Mail Prev Next Goto Thread Other Quit
Wow ... wasn't I excited! The newsletter is making its way
around the area!
[ Have Something to Say? ... Information on Stark Naked ]
Got something to say? Want it published? You can send it
to me at the Dragon's Lair BBS. The number is (216) 966-8970
running Renegade Beta at 3/12/2400, 24 hours a day, 7 days
a week.
Also, any sysop who would like his/her system to be a
distribution site for Stark Naked should contact me. If I
am a regular user on your system, you can leave me mail there.
The next issue of Stark Naked will move away from the Canton
Connection line and also a little from the Akron Anomoly line.
New stories will be here.
Let me know how I am doing! I have gotten a little feedback on
the stuff in Stark Naked Issue #2, but I'd always like to hear
what you have to say.
I leave you with this SLMR thought: All prosecutors will be
violated.