        *************************************************************
                                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
        *************************************************************
        
        [ 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.)

---
 þ SPEED 1.10 #1054 þ The Cookie Jar þ 714.997.0350 þ 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.
        
        

     		
                                     	                          
