------------------------------ From: Visualize Whirled Peas Subject: The Feds (In this case the FCC) hits Ham Packet BBS Ops. Date: Thu, 31 Jan 91 08:55:45 PST ******************************************************************** *** CuD #3.05: File 6 of 8: The Feds hit Ham Packet BBS Ops. *** ******************************************************************** -Newsgroups: rec.ham-radio Subject: FCC Citation of Packet BBSs for Store-and-Forward Msg FCC CENSORS/CENSURES PACKET RADIO Tom Clark, W3IWI January 30, 1991 Today a number of packet BBSs on the east coast received citations from the FCC's Norfolk (actually Virginia Beach) Field Office which may well spell the end to much of amateur packet radio. According to Jim, WA4ONG the following packet BBSs (and perhaps others) are involved: N3LA, WA3TSW, KA3CNT, KA3T, WA3ZNW, W3IWI, WA4ONG, WB0TAX and N4HOG [my copy of the citation has not yet arrived in the mail -- the details in this message are taken from a copy WA4ONG faxed to me]. The letter dated January 25th from Mr. J. J. Freeman, Engineer in Charge at the Norfolk Office, to WA4ONG states: "I have received a report that indicates you may have operated your amateur radio station, call sign WA4ONG, in violation of Section 97.113(a) of the Commission's Rules. It appears that you used the Ama-teur Radio Service to facilitate the business activity of THE COALITION TO STOP U.SD. INTERVENTION IN THE MIDDLE EAST." "Specifically, on or about January 5, 1991 you received a packet radio message originated by amateur radio station WA3QNS. You then transmitted this packet radio message to another amateur radio station. The message was: { Here appears a copy of the message sent by WA3QNS@N3LA.PA originat-ed at 22:22z on Jan.5 with the BID #21035_N3LA, Subject: Call This Number ASAP. The message listed the business telephones and fax numbers for "The Coalition" as well as a 1-900-xxx-xxxx number to call to "register your voice" I won't repeat the bulletin here, because repeating the bulletin would make it illegal to send this message! } (Continued in Part 2) /EX SB URGENT@USA < W3IWI $38141_W3IWI FCC CITES BBSs FOR @USA MSG (Part 2/4) R:910131/0445z 38141@W3IWI.MD.USA.NOAM [Balto/Wash MD/DC] FCC CENSORS/CENSURES PACKET RADIO cont'd "This activity was a facilitation of the business affairs of the Coali-tion to Stop U.S. Intervention in the Middle East and therefor {sic} in violation of Section 97.113(a)." The FCC citation then contains the boilerplate demanding a response within 10 days explaining circumstances and correct actions, and then closing with a chilling "to determine what, if any, enforcement action is required to insure current and future rule compliance" and a state-ment that future transgressions will bring fines and/or license revoca-tion. That's the facts. I'll now discuss some of the implications and recommended actions. THE IMPLICATIONS The implications of the action by the FCC's Norfolk Field Office are absolutely appalling. What is implied is that each and every station in a store-and-forward network is responsible for the actual message CONTENT passing through each node. The BBSs were cited because their calls were in the message header "audit trail". The FCC's action states that each BBS SYSOP is personally responsible for the "correctness" of all messages merely passing through his system. Here, the W3IWI mail switch handles about 10,000 messages per month automatically. There is NO WAY that I can vouch for every bit that passes through! If the FCC had instead gleaned its information from on-the-air monitor-ing, then all the THENET/NETROM/ROSE/TCPIP/DIGIPEATER switches handling the message would have been equally culpable! The implication of the FCC action is that a node control operator must read all information and be prepared to shut the system down at the first hint of an "inappropriate" message. It's hard enough to watch the information passing on 1200 BPS links -- imagine the impossibility of "censoring" 56 kBPS or faster channels. (Continued in Part 3) /EX SB URGENT@USA < W3IWI $38142_W3IWI FCC CITES BBSs FOR @USA MSG (Part 3/4) R:910131/0445z 38142@W3IWI.MD.USA.NOAM [Balto/Wash MD/DC] THE IMPLICATIONS cont'd In future networks where redundant channels exist, it is quite possible that a given message will be fragmented and parts of it sent via several parallel paths. The message may exist as a complete entity only at the ends of a virtual path. It would be impossible to implement the censor-ship the FCC seems to be demanding with such a network, so the "legali-ty" will interfere with development of new technology. Consider another recent development: amateur packet radio satellites. PACSAT is licensed by the FCC with a US trustee and a cadre of US sy-sops. PACSAT is, in essence, a flying BBS with the sysops on the ground. In order to screen out "offensive" messages, a ground-based SYSOP has to use a radio channel to verify message CONTENT. But the FCC letter says that the very act of reading an "offensive" message on the radio is illegal. If the Norfolk FCC action is allowed to stand, the logical implication is that PACSATs must be turned off! A number of us have discussed such issues with responsible individuals at the FCC in Washington ever since the first fledgling days of packet radio. The signal that the FCC sent was that the sole responsibility for the CONTENT of a message lays with the ORIGINATOR. The actions of the Norfolk Office seem to indicate a new policy has been adopted which effectively kills packet radio. Or -- perhaps -- the Norfolk Engineer in Charge who issued the citations was offended by the particular message and chose to take out his frus-trations on all the "King's Messengers" who brought the message to him? W3IWI COMMENTS AND RECOMMENDATIONS It is ironic that the WA3QNS message that brought down the wrath of the FCC a number of the BBSs that "touched" his message brought a very vocal response from the packet community informing him that (1) 1-900-xxx-xxxx are in fact commercial ventures designed to raise money and that a call to the number would cost the caller. (2) The subject message was probably in violation of 97.113(a) and probably illegal (Continued in Part 4) /EX SB URGENT@USA < W3IWI $38143_W3IWI FCC CITES BBSs FOR @USA MSG (Part 4/4) R:910131/0445z 38143@W3IWI.MD.USA.NOAM [Balto/Wash MD/DC] W3IWI COMMENTS AND RECOMMENDATIONS cont'd Personally, I have been silent (but very frustrated) that about the 10% of bulletins addressed @USA (or @ALLUS, @ALLBBS, etc.) that are in poor taste. I have grown tired if blather about censorship, First Amendment Rights and the incredible volumes of hate mail. WA3QNS, by his statements and by the responses to his statements from other folks, has been one of the causes of this frustration. I have longed for the return to normalcy with messages on technical topics and personal communications. I have found it frustrating to pay the electric power bill and pay for the W3IWI hardware for others to engage in marginally offensive "Free Speech". I have wished that the (ab)users of @USA would have exercised more discretion with self-censorship. But I have gritted what teeth I have left and avoided being a censor. Now, the FCC's CENSURE has left me with no alternative than to be a CENSOR. Until the FCC tells me that I can do otherwise, I will only release @USA messages that I personally screen and am willing to stake my license on. The priority on my time is such that I don't expect to have time to screen @USA bulletins. Any complaints about my decision will be sent to /dev/null. For the vast majority of you who do not abuse the system, I'm sorry that this situation has come up and that your ability to "fan out" informa-tion will be hindered. Since there have been very few instances of "offensive" personal messages, I'll take the risk of keeping all other packet mail flowing here and I hope the other BBS SYSOPs do likewise. But PLEASE exercise self-policing. The BBS SYSOPs don't want to be held responsible for YOUR words. The ARRL has already been informed about the Norfolk citations. Because of the potentially devastating impact on all packet radio if the Norfolk situation is allowed to stand, I anticipate a lot of phone calls to be made in the next few days! 73 de Tom, W3IWI ******************************************************************** >> END OF THIS FILE << ***************************************************************************