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Article #367Indictment chills bulletin boards
From: Jon_Gillies-RYKR30
Date: Tue, 11 Apr 1995 00:00
Date: Tue, 11 Apr 1995 00:00
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From the Republic, Monday April 10, 1995: Indictment chills bulletin boards The recent indictment of Lorne Shantz on charges of possession and distribution of obscene materials through a computer bulletin board has created some anger and some concern among other system operators in the Valley. The anger, in some cases at least, seems to stem for afeeling of "that could have been me." Those sysops contend that it's virtually impossible to keep up with every program that is uploaded to a builletin board or to sort out all of those that are on CD-ROMs available from a variety of sources around the country. The larger the bulletin board, the greater the problem, and Shantz's was on of the larger ones in the Valley. However, those arguments only raise the greater question of responsibility on the part of the sysops to know exactly what is on their boards. And that may turn out to be the most interesting question of all, in this case for many BBS and Internet users not only in the Valley, but across the nation as well. Shantz, who had been on paid suspension from his position as an officer with the Arizona Department of Public Safety, was fired after the indictment was returned. He was charged with 20 counts of production, publication, sale and possession of obscene itmes. The adult secion of Wish Book bulletin board was not freely available but required a special form and identification to be submitted to Shantz. I was a subscriber to the Wish Book for about two years, but did not avail myself of the adult section. Interestingly, some sysops who say they do not have and have never had any adult files on their bulletin boards staunchly defend Shantz as an honest and careful bulletin board operator. The sysop community seems to be a fairly small one, and those who have been around any length of time have gotten to know wach other fairly well - at least on an electronic basis. When Shantz's Wish Book bulleitin board system was raided late last year, several sysops took the adult sections of their boards offline. And at least one operator said he simply shut down his board rather than risk having something among his files that might cause him problems. Louis Rhodes, director of the Arizona Civil Liberties Union, says he sees "lots of really bad things about this case." He, too, brings up the issue of how a sysop is to know exactly what is among the millions of pieces of information that may be on a board. "And still we haven't gotten to the question of whether it is illegal anyway," he added. "Many of the same things probably could be found in the adult section of some bookstores." Rhodes said the ACLU may file an amicus brief relating to what it believes are constitutional issues that may not be addressed by other parties in the case. "I can't think of a better example of a First Amendment concern because of the shill of something like this," he said. "Any computer system could be vulnerable if they stick him with this." There is no question about the chill when you talk to sysops around the Valley. The raid on such a high profile BBS, operated by a DPS officer, certainly got the attention of a lot of people. But surely no one believes it was the only BBS that contained materials that might be challenged by law-enforecment agencies.
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X-Google-Language: ENGLISH,ASCII-7-bit X-Google-Thread: 126c00,25d59f3185126b33,start X-Google-Attributes: gid126c00,public From: Jon_Gillies-RYKR30@email.mot.com Subject: Indictment chills bulletin boards Date: 1995/04/11 Message-ID: <M2794.001.vof70.1.950411155930Z.CC-MAIL*_OU=TECCG_OU=AZBC_PRMD=MOT_ADMD=MOT_C=US_@MHS> X-Deja-AN: 100220834 approved: eff-austin-moderator sender: daemon@zilker.net x-unparseable-date: 11 Apr 95 08:50:00 -0500 organization: Zilker Internet Park, Inc. reply-to: eff-austin@zilker.net newsgroups: austin.eff