Date: Mon, 24 Feb 1992 11:31:22 PST
From: Ann O'Nonymous <baybridg@vesuvios.edu>
Subject: File 8--A Comment on Amateur Action BBS

Bob Thomas has been having trouble with his kids. They are
experiencing emotional and behavior problems they've never had before.
The police officers they had learned in school to trust came to their
house one morning and unceremoniously took away their computer. The
police were rude. They offered no explanation for why they took the
kids' games and schoolwork. The half-dozen plain-clothes cops were not
related to Officer Friendly, and the children were confused,
frightened, and hurt. These police weren't THEIR friends!

So was Bob Thomas. He ran AMATEUR ACTION BBS in San Jose, Calif.,
which specialized in adult gif files. Local police (no federal agents)
burst in at 7:30 a.m. on Monday, January 20 with a search warrant
alleging grand theft, trafficking in obscene material, and child
pornography.  Bob doesn't recall if the officers had their guns drawn.
The affidavit supporting the warrant is sealed, so the justification
for the raid may never be known. Bob was stunned by the accusations,
and he and his family watched in horror as the police carted away his
486, three 386s, videos, and all the tools he needed to run his two
electronics businesses and BBS business. The police also took all
hardcopy business records and other materials.

The raid resulted in seizure of over $30,000 worth of equipment.  Bob
estimated that he also lost over $15,000 in lost business revenue and
legal fees. He also missed a major trade show.  His children lost
their innocence. Society lost another round in the battle to maintain
a semblance of civil liberties in cyberspace.

Bob's attorney communicated with EFF and the officers were made aware
of federal and other laws relating to seizure.  No charges have been
filed, and there is no indication that any will be. When I spoke with
Bob on February 24, he was expecting the return of most, hopefully
all, of the equipment by that evening, or within a day or two. He has
no explanation for why the police raided him, but suspected it might
be connected to the problems of America Online, which faced a similar
investigation.

Amateur Action (408-263-3393) specialized in adult gif files (over
4,600) using amateur rather than commercial models. Bob also used it
to distribute adult videos.  There were no action or other files. It
was simply an adult BBS with a modest message base.  Bob has
established a reputation for aggressively attempting to keep children
off his adult BBS, and we have neither heard nor seen any evidence
that his board contained child pornography.  The different levels of
access cost from $29 to $69 a year.

Amateur Action is back up, running Wildcat. The $69 annual rate will
earn you a meg-a-day download privilege with no upload obligation.
A Visa/Mastercard sub gives immediate access.

Unless evidence appears to the contrary, this is another instance of
police mishandling a seizure, confiscating first and asking questions
later, and not being quite sure of what they're doing. What do Steve
Jackson, Bob Thomas, and deja vous have in common?

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