       HORNING, JANIN & HARVEY
       RICHARD ALLAN HORNING
       555 Montgomery Street, Suite 720
       San Francisco, CA  94111
       Telephone: (415) 434-1081
       Facsimile: (415) 982-8931
       
            Attorney for Defendant
            Tom Klemesrud
       
       
       
       
       
       
       
                       UNITED STATES DISTRICT COURT
       
                     NORTHERN DISTRICT OF CALIFORNIA
       
                            SAN JOSE DIVISION
       
       
       
       
       
       RELIGIOUS TECHNOLOGY CENTER,
       a California non-profit
       corporation; and BRIDGE
       PUBLICATIONS, INC., a
       California non-profit
       corporation,
       
                      Plaintiffs,
       
       
            vs.                         C-95-20091 RHW
       
       NETCOM ON-LINE COMMUNICATION
       SERVICES, INC., a Delaware
       corporation; DENNIS ERLICH,
       an individual; and TOM
       KLEMESRUD, an individual, dba
       CLEARWOOD DATA SERVICES,
       
                      Defendants.       
    I, TOM THEO KLEMESRUD, under penalty of perjury of the laws
of the United States, depose and say:
       1.   I am a Defendant in the above-referenced
litigation.  I reside at Apartment 414, 5143 Bakman Avenue, North
Hollywood, California 91601.  I am personally familiar with the
facts set forth in this declaration, and if called as a witness
could and would testify thereto of my own personal knowledge.
       2.   I was born in 1950. In 1973 I obtained a Bachelor
of Arts degree from the University of Iowa in Speech and Dramatic
Arts. For the past 25 years   including while in college   I have
been employed in the radio and television industry, from 1983 to
the present as a free-lance video tape editor. I have worked for
the ABC Television Network in Los Angeles in that capacity since
1991.
       3.   I have a heart condition and it is unhealthy for
me to become overly anxious, or go into a panic attack. My doctor
has advised that I must avoid situations where I might go into
fibrillation.  Thus, while I would like to attend the hearing on
the motion for a preliminary injunction, I do not believe that,
without a physical examination and an opportunity to consult with
my physician, it would be healthy for me to do so.
       4.   In 1992, while recovering from open heart
surgery, I attended Los Angeles Valley College studying various
subjects, including computers.  While taking the computer course I
became interested in the use of computer technology as a medium for
communications. When the instructor in the course asked for
volunteers to establish a bulletin board for use by the college
community, I readily volunteered.  From that point forward, to
date, I have maintained a bulletin board known as the L.A. Valley
College BBS.  Although I have permission from the College to use
the name in association with the BBS, the BBS has no official
sanction or affiliation with L.A. Valley College and I pay all of
the expenses of operation out of my pocket.  I use the d/b/a
Clearwood Data Services which I registered as a fictitious name so
I can process credit card charges for subscription fees.  My name
in Norwegian translates roughly to Clearing in Woods   hence the
name.
       5.   The BBS has been maintained by me personally ever
since its founding.  The BBS runs on a 486 33 MHz platform with 8
Megabytes of memory. The primary hard drive on my system is a 545MB
IDE drive, with a file storage drive and nightly back-up to a 1
Gigabyte SCSI drive. The modems attached to the telephone lines are
v32bis 14,400 bps modems.  The BBS operating system is DOS 5.0 with
QEMM386 memory manager. 
       6.   The bulletin-board software I use is TBBS version
2.3M-16 supporting 12 dial-in lines.  The software connecting the
BBS to the Internet is Jack Rikard's "Personal Internet Mail
Processor" (PIMP) version 3.25.  The BBS allows dial-in access and
does UUCP-g transfers with Netcomsv (NETCOM), on a separate 13th
line.  
       7.   The message limit on BBS's running TBBS software
(at least the version that I use) is 60,000 messages.  Depending on
incoming traffic, no message on my BBS survives longer than three
days.  The TBBS software does not offer message cancellation with
respect to already-sent Internet messages, as does some UNIX
systems.
       8.   My BBS consists of three basic services, which is
one of the reasons for its popularity:  
            a.   E-mail messages posted on the Internet, both
receiving and sending;
            b.   Public interest conferences such as Usenet
and FidoNet; 
            c.   Fidonet  binary file importation.  
       9.   Usenet is not a formal network; it is a number of
computers that exchange e-mail headlined with certain topics and
destined for certain pigeonholes where messages related to a given
topic can be found.  The subjects where messages are pigeonholed in
Usenet are referred to as News Groups.  Alt.Religion.Scientology is
one such News Group. 
       10.  Any computer in the world that can be attached to
the Internet can become part of Usenet, by using the software that
uploads and downloads Usenet mail. No single person or organization
controls Usenet, and no one has the authority to manage or censor
it.  The only censorship capable of being achieved   and then only
for a fleeting moment   is at the point of origin.  If one point of
origin is blocked another is always available.
       11.  FidoNet is an international network of BBS's.  It
operates over telephone lines, and access is both slower and
cheaper than to the Internet itself.  A user addresses FidoNet
messages using a special convention through a Gateway.  BBS
operators exchange entire lists of FidoNet messages through the
Internet or FidoNet, and users can address messages to distant
BBS's through FidoNet using the special addressing protocols.
       12.  The L.A. Valley BBS system supports QWK message
packets for offline message readers. In my opinion, this QWK format
contributes to the popularity of my BBS.  I should point out to the
Court that the messages taken from my BBS by users, including any
presented to the Court in printed form, may be the result of this
QWK format, although it appears that the documents printed by the
plaintiffs' attorneys used some form of screen print.
       13.  Currently there are 512 paying subscribers,
paying $18.00 a year, on my BBS. I believe that this low
subscription rate is another reason for the relative popularity of
my bulletin board. 
       14.  To become a paid subscriber is a relatively
straight forward process.  I permit free access for a period of
three weeks while the users try out the system. At the end of the
free access period the user is asked to fill out an electronic
application and supply a credit card, check or cash for the $18.00
annual subscription fee, for E-mail, Usenet, Fidonet, and file
areas.  I allow users a 2 hour connect time limit, which is an
arbitrary limit I established to prevent a small group of users
from dominating access.  If more time is needed, the users know
that I will consider it.
       15.  The number of actual users on the system at any
given time exceeds the 512 paying subscribers.  I estimate that
there are around 800 regular users of my BBS, and some 4000 users
that can and have logged on and used the system without
registering.  
       16.  In the beginning of the operation of the bulletin
board I accepted only subscribers who supplied what purported to be
their real names.  With a recent change in the BBS technology used
by my system, I am now able to accept "handles", but I monitor the
handles to make sure that they are appropriate for use in
connection with my bulletin board.  Even with the use of handles,
I insist that real names be associated with those "handles."  I do
not, however, have any means of checking on the identity of any
subscriber or whether the name given is in fact the subscriber's
"true name."  
       17.  I accept cash, checks and credit card numbers in
payment of the subscriber fees.  The service which I use to obtain
payments through the credit card system does not require, nor does
it give me access to, any association of the credit card number
with a particular subscriber name submitting the credit card
number.  The only information I obtain is that the credit card
number is valid and that appropriate authorization has been given
to charge the particular credit card account for the subscription
fees.  While payment in the form of checks gives me the ability to
determine whether the subscription name matches the name on the
check, I do not have the time to do this.  Here too, I operate on
faith.
       18.  I simply have no way of ascertaining the true
identity of any user, and thus have no way of preventing any
particular person from obtaining authorized access to my system
under a false name.  I can of course delete a subscriber from my
subscription list, which has the effect of preventing access by the
person previously claiming a particular name or identity.
       19.  I restrict access to the Alt. news groups, and
files submitted by BBS users, to those over 18 years of age, by
requiring each subscriber to affirm that they are in fact over 18
years of age to obtain a subscription allowing access to these
groups and files.  I do encourage the young to participate in other
news groups, because they need education as much as the above 18
year olds. I have no way of checking to determine whether the
statements made by my subscribers as to their chronological age are
true or not, however.
       20.  From the beginning I have tried to maintain a
straight-forward academic oriented bulletin board system.  Over
time, the number of topics of interest to my user community has
changed and grown.  At the moment I maintain over 911 news groups
in the categories identified in Exhibit A.  Exhibit A also contains
instructions on how to access the system, and is a version of what
the user sees when logging onto my BBS.
       21.  I have made it a point to not maintain news
groups on certain subjects such as explicit sex groups, hate
groups, and other groups whose presence I believe to be detrimental
to the operation of a first class bulletin board.  I believe that
one of the reasons for the relative popularity of my bulletin board
- its subscribers include police officers, assistant deputy
district attorneys, members of the Church of Scientology and the
like - is the conservative nature of the subject matter maintained. 
The groups associated with cat and dog lovers seem to be
particularly popular (see Groups 206 - 208, Rec.Pets), as are the
groups specializing in particular foreign countries or geographic
areas (see Groups 737 and beyond, Culture.Afghanistan etc.). 
       22.  I would state that while Alt.Religion.Scientology
(Group 154) is present on my board, it is not one of the most
popular groups.  It does, however, have a certain following, and I
intend to continue to allow those interested in the topic  
Scientology   to use my bulletin board to post and receive messages
of interest.
       23.  The bulletin board is a fairly active bulletin
board, with 15,000 to 30,000 messages posted each day.  Many of
these messages come in to the bulletin board from outside sources,
such as Fidonet and Usenet. There is no way to discriminate from
the messages originating and coming in on the BBS, until after they
have been sent out using UUCP.  
       24.  The nature of any bulletin board, including mine, 
is such that it operates for extended period of time without human
intervention.  My BBS has run for up to three weeks at a time
without maintenance or human intervention, while I am on vacation. 
The system does "crash" from time to time and I must attend to
routine maintenance and re-initializing from time to time. 
       25.  As stated above, my bulletin board accepts the
text "feeds" -  written text materials in the nature of messages  
from a number of outside sources.  Those outside sources include
Fidonet, Usenet and what is known as the Internet. 
       26.  As I have indicated, I allow "feeds" of files  
documents maintained in binary form only from Fidonet, and from
a select group of direct users whom I have come to know and trust
over the three years my bulletin board has been in operation.  By
accepting binary feeds, users of my system have the ability to
download "files" that remain on my BBS.  
       27.  As I indicated above, there are 12 telephone
lines providing simultaneous access to the bulletin board.  Because
of the nature of the software which I use, TBBS, it is impossible
to monitor more than one line at a time.  Even then, the monitoring
which the system is capable is somewhat rudimentary, in the sense
that much of the interaction between the BBS and the user takes
place outside of the capacity of the SYSOP to monitor the activity
of the subscriber or person accessing my system.
       28.  Because of the nature of the bulletin board
system and its method of operation, it is impossible for me to
prevent any one from accessing the bulletin board under an assumed
name.  California does not permit caller identification numbers to
be displayed and thus I have no idea at any given moment who is
calling in on what telephone line even were I to be watching the
telephone lines, which I do not.  Thus I have no way of preventing
Dennis Erlich, whom I know to be a subscriber to my system and a
frequent user of the bulletin board, from logging under an assume
name, from changing the assumed name every three weeks, etc.  Not
only is it physically impossible for me to do it, the technology
simply does not permit it. 
       29.  The daily data throughput in and out of the BBS
is rather staggering. On February 15th, 1995, for example, I
received several Fidonet packets zipped with 2 to 1 compression,
meaning the messages would expand out to twice the size:
(09)   Receiving: Accepted/Z C:\MAIL\INBOUND\0000ffab.we0 (694048
       bytes)
(09)   Admin    : Xfer Time 7:03; Link 16881bps File 16426bps 
(09)   Shipping : Sent/Z C:\OUTBOUND\00000055.WE0 (1819 bytes)
(09)   Admin    : Xfer Time 0:02; Link 10789bps File 9573bps 
(09)   Admin    : TIMS Connection Ended at 02-15-95 05:48:47 
(10)   Admin    : 19200 Baud TIMS Connection Started at 02-15-95
       21:18:09 
(10)   Receiving: Call from 1:102/752 for 1:102/837
(10)   Admin    : Password from 1:102/752 Verified
(10)   Receiving: Accepted/Z C:\MAIL\INBOUND\0000ffab.we1 (8076
       bytes)
(10)   Admin    : Xfer Time 0:06; Link 14962bps File 14395bps 
(10)   Admin    : TIMS Connection Ended at 02-15-95 21:18:17 
(09)   Admin    : 19200 Baud TIMS Connection Started at 02-15-95
       23:27:30 
(09)   Receiving: Call from 1:102/752 for 1:102/837
(09)   Admin    : Password from 1:102/752 Verified
(09)   Receiving: Accepted/Z C:\MAIL\INBOUND\0000ffab.we2 (1843042
       bytes)
(09)   Admin    : Xfer Time 18:41; Link 16896bps File 16439bps 
(09)   Admin    : TIMS Connection Ended at 02-15-95 23:46:13 

The foregoing represents a total of 2,545,166 bytes compressed, and
5,090,332 uncompressed. Calculating that 200,000 bytes equates to
115 single spaced printed 8" by 11" pages, the inflow of Fidonet
messages in these transfers - there will be more before the night
is over - equates to 2,926 printed pages of text.  I would have to
read 2,926 pages of material just from my Fidonet feed alone, to
check for any L. Ron Hubbard copyrighted material   assuming that
I knew how to spot what is copyrighted by L. Ron Hubbard.
       30.  Another method of depicting my inability to
effectively monitor the content of outgoing and incoming text is to
give the data feed statistics from Netcom from 4:30am to 12:21am
Feb. 16, 1995.  Note that this is not a complete 24 hour period:
15-Feb-95 04:30 04      2176 snt            17754 rcv      
15-Feb-95 04:35 04        64 snt               32 rcv      
15-Feb-95 04:39 04       896 snt             8949 rcv      
15-Feb-95 04:44 04       640 snt             9715 rcv      
15-Feb-95 04:48 04       384 snt             2026 rcv      
15-Feb-95 04:52 04       384 snt             1767 rcv      
15-Feb-95 04:56 04       384 snt             1936 rcv      
15-Feb-95 05:00 05       384 snt             1732 rcv      
15-Feb-95 05:04 05       384 snt             1943 rcv      
15-Feb-95 05:08 05       640 snt             4024 rcv      
15-Feb-95 05:12 05       896 snt             7067 rcv      
15-Feb-95 05:16 05      2073 snt             5733 rcv      
15-Feb-95 05:20 05      5769 snt          2045809 rcv      
15-Feb-95 05:45 06      7868 snt          2048509 rcv      
15-Feb-95 06:11 06      6097 snt           261248 rcv      
15-Feb-95 06:18 06       738 snt              160 rcv      
15-Feb-95 06:22 06      1408 snt            13006 rcv      
15-Feb-95 06:27 06      1925 snt             3985 rcv      
15-Feb-95 06:31 06       640 snt            11631 rcv      
15-Feb-95 06:35 06       896 snt             6753 rcv      
15-Feb-95 06:39 07      5824 snt          2102698 rcv      
15-Feb-95 07:05 07      7232 snt          1795508 rcv      
15-Feb-95 07:30 07    108710 snt           651670 rcv      
15-Feb-95 07:43 07      1152 snt            38337 rcv      
15-Feb-95 07:48 07     32264 snt            18887 rcv      
15-Feb-95 07:54 07      1152 snt            11984 rcv      
15-Feb-95 07:59 08    158334 snt            27264 rcv      
15-Feb-95 08:08 08      9846 snt             9700 rcv      
15-Feb-95 08:12 08      3344 snt             7070 rcv      
15-Feb-95 08:17 08       640 snt             4600 rcv      
15-Feb-95 08:21 08      2519 snt            10410 rcv      
15-Feb-95 08:25 08      1664 snt            30094 rcv      
15-Feb-95 08:30 08      1920 snt            19566 rcv      
15-Feb-95 08:34 08       640 snt             4267 rcv      
15-Feb-95 08:39 08       896 snt             7101 rcv      
15-Feb-95 08:43 08      5813 snt            41526 rcv      
15-Feb-95 08:49 08      1408 snt            12663 rcv      
15-Feb-95 08:54 08     14941 snt            30173 rcv      
15-Feb-95 09:00 09      2688 snt            23826 rcv      
15-Feb-95 09:06 09      1152 snt             7275 rcv      
15-Feb-95 09:10 09      1920 snt            40557 rcv      
15-Feb-95 09:16 09       896 snt             6791 rcv      
15-Feb-95 09:20 09      3410 snt            17626 rcv      
15-Feb-95 09:25 09      1152 snt             8803 rcv      
15-Feb-95 09:34 09     37967 snt            56031 rcv      
15-Feb-95 09:40 09      1152 snt             9989 rcv      
15-Feb-95 09:45 09      3562 snt            93894 rcv      
15-Feb-95 09:50 09       896 snt             7103 rcv      
15-Feb-95 09:57 09      9710 snt            15983 rcv      
15-Feb-95 10:02 10      3968 snt            38016 rcv      
15-Feb-95 10:08 10      1408 snt            11910 rcv      
15-Feb-95 10:13 10      3053 snt            10678 rcv      
15-Feb-95 10:18 10      3674 snt            20489 rcv      
15-Feb-95 10:23 10      4361 snt            18981 rcv      
15-Feb-95 10:28 10      3156 snt            23167 rcv      
15-Feb-95 10:34 10       896 snt             6431 rcv      
15-Feb-95 10:39 10      2432 snt            26951 rcv      
15-Feb-95 10:45 10      1408 snt            15257 rcv      
15-Feb-95 10:50 11      9456 snt          1879825 rcv      
15-Feb-95 11:14 11     13533 snt          2227219 rcv      
15-Feb-95 11:40 11     14631 snt           296494 rcv      
15-Feb-95 11:54 11      8790 snt             7904 rcv      
15-Feb-95 11:58 12      5554 snt            30103 rcv      
15-Feb-95 12:04 12      2176 snt            19603 rcv      
15-Feb-95 12:09 12     12514 snt            21530 rcv      
15-Feb-95 12:15 12      1920 snt            25652 rcv      
15-Feb-95 12:20 12      2176 snt            20961 rcv      
15-Feb-95 12:24 12      3577 snt            25437 rcv      
15-Feb-95 12:30 12      2688 snt            27955 rcv      
15-Feb-95 12:35 12      1664 snt            13536 rcv      
15-Feb-95 12:40 12      1664 snt            14256 rcv      
15-Feb-95 12:44 12      2432 snt            21840 rcv      
15-Feb-95 12:50 12     12447 snt            25089 rcv      
15-Feb-95 12:57 12      3455 snt            29825 rcv      
15-Feb-95 13:03 13      2176 snt            18860 rcv      
15-Feb-95 13:07 13      5014 snt            53986 rcv      
15-Feb-95 13:14 13      6024 snt            11090 rcv      
15-Feb-95 13:18 13      2432 snt            20986 rcv      
15-Feb-95 13:23 13      2884 snt            39277 rcv      
15-Feb-95 13:29 13      8778 snt            15082 rcv      
15-Feb-95 13:34 13      3330 snt            43171 rcv      
15-Feb-95 13:39 13      1152 snt             9299 rcv      
15-Feb-95 13:43 13      7194 snt            26590 rcv      
15-Feb-95 13:48 13      3529 snt            22974 rcv      
15-Feb-95 13:53 13      2066 snt             9464 rcv      
15-Feb-95 13:58 13      1152 snt            13904 rcv      
15-Feb-95 14:03 14       384 snt             2118 rcv      
15-Feb-95 14:07 14      2176 snt           268557 rcv      
15-Feb-95 14:14 14      2944 snt            26543 rcv      
15-Feb-95 14:20 14      2176 snt            15568 rcv      
15-Feb-95 14:25 14      2176 snt            22763 rcv      
15-Feb-95 14:30 14      1152 snt             7540 rcv      
15-Feb-95 14:35 14        64 snt               32 rcv      
15-Feb-95 14:39 14       896 snt            15547 rcv      
15-Feb-95 14:43 14       384 snt             1303 rcv      
15-Feb-95 14:47 14      6792 snt            45593 rcv      
15-Feb-95 15:03 15      3971 snt            17055 rcv      
15-Feb-95 15:08 15      3456 snt           128925 rcv      
15-Feb-95 15:14 15      2688 snt            37915 rcv      
15-Feb-95 15:21 15      1664 snt            16242 rcv      
15-Feb-95 15:26 15      3456 snt            76280 rcv      
15-Feb-95 15:33 15      4328 snt            61729 rcv      
15-Feb-95 15:39 15      6573 snt            80115 rcv      
15-Feb-95 15:46 15      5248 snt           142091 rcv      
15-Feb-95 15:55 15      2432 snt            48369 rcv      
15-Feb-95 16:01 16      4615 snt            60719 rcv      
15-Feb-95 16:07 16      1152 snt             9000 rcv      
15-Feb-95 16:11 16      8896 snt          2219142 rcv      
15-Feb-95 16:35 16     12043 snt          2281134 rcv      
15-Feb-95 16:59 17     12605 snt           130702 rcv      
15-Feb-95 17:09 17      1152 snt             8058 rcv      
15-Feb-95 17:13 17      1664 snt             9086 rcv      
15-Feb-95 17:17 17      2688 snt            73394 rcv      
15-Feb-95 17:23 17       896 snt             6763 rcv      
15-Feb-95 17:27 17      2176 snt            27816 rcv      
15-Feb-95 17:32 17     61298 snt           156912 rcv      
15-Feb-95 17:40 17      4992 snt            44608 rcv      
15-Feb-95 17:47 18      8640 snt          1450855 rcv      
15-Feb-95 18:11 18     16463 snt          2352627 rcv      
15-Feb-95 18:36 18     12519 snt           333651 rcv      
15-Feb-95 18:46 18      4558 snt            14134 rcv      
15-Feb-95 18:51 18      1152 snt             8882 rcv      
15-Feb-95 18:55 18       896 snt             9452 rcv      
15-Feb-95 18:59 18      1152 snt            15681 rcv      
15-Feb-95 19:03 19      2432 snt            25322 rcv      
15-Feb-95 19:08 19      5965 snt            18921 rcv      
15-Feb-95 19:13 19      1408 snt            29002 rcv      
15-Feb-95 19:18 19      2176 snt            25385 rcv      
15-Feb-95 19:23 19      8906 snt            46012 rcv      
15-Feb-95 19:29 19      3181 snt             6151 rcv      
15-Feb-95 19:34 19      9253 snt            30584 rcv      
15-Feb-95 19:39 19      2688 snt            38132 rcv      
15-Feb-95 19:45 19      2063 snt             8665 rcv      
15-Feb-95 19:49 19      2548 snt            14937 rcv      
15-Feb-95 19:54 19      3609 snt             9242 rcv      
15-Feb-95 19:58 20      7616 snt          2283585 rcv      
15-Feb-95 20:22 20     12992 snt          2094427 rcv      
15-Feb-95 20:46 20      3601 snt            18943 rcv      
15-Feb-95 20:52 20      1152 snt             9369 rcv      
15-Feb-95 20:56 20      1152 snt            11813 rcv      
15-Feb-95 21:01 21       896 snt             4834 rcv      
15-Feb-95 21:05 21      2176 snt            25916 rcv      
15-Feb-95 21:10 21      8710 snt            12705 rcv      
15-Feb-95 21:15 21     19147 snt             5215 rcv      
15-Feb-95 21:21 21      2270 snt             7693 rcv      
15-Feb-95 21:25 21       896 snt             5966 rcv      
15-Feb-95 21:30 21      4000 snt             7758 rcv      
15-Feb-95 21:34 21      1464 snt             3439 rcv      
15-Feb-95 21:38 21       896 snt             7744 rcv      
15-Feb-95 21:43 21      2196 snt             4248 rcv      
15-Feb-95 21:47 21      4179 snt            13449 rcv      
15-Feb-95 21:51 21      6729 snt              544 rcv      
15-Feb-95 21:55 21      4474 snt            80444 rcv      
15-Feb-95 22:00 22       896 snt             6975 rcv      
15-Feb-95 22:05 22      2959 snt            10974 rcv      
15-Feb-95 22:09 22      5169 snt             5717 rcv      
15-Feb-95 22:14 22      3200 snt           169435 rcv      
15-Feb-95 22:21 22      6886 snt            28495 rcv      
15-Feb-95 22:27 22      3849 snt             8814 rcv      
15-Feb-95 22:32 22       384 snt             2866 rcv      
15-Feb-95 22:36 22      2432 snt            21630 rcv      
15-Feb-95 22:41 23     10317 snt          1702331 rcv      
15-Feb-95 23:11 23     17745 snt          2398628 rcv      
15-Feb-95 23:36 23     14018 snt           671592 rcv      
15-Feb-95 23:49 23      3355 snt            10712 rcv      
15-Feb-95 23:53 23      1664 snt            19694 rcv      
15-Feb-95 23:59 00      1152 snt             8563 rcv      
16-Feb-95 00:04 00      4916 snt             9608 rcv      
16-Feb-95 00:08 00        64 snt               32 rcv      
16-Feb-95 00:13 00        64 snt               32 rcv      
16-Feb-95 00:16 00      4021 snt             6166 rcv      
15-Feb-95 15:26 15      3456 snt            76280 rcv      
15-Feb-95 15:33 15      4328 snt            61729 rcv      
15-Feb-95 15:39 15      6573 snt            80115 rcv      
15-Feb-95 15:46 15      5248 snt           142091 rcv      
15-Feb-95 15:55 15      2432 snt            48369 rcv      
15-Feb-95 16:01 16      4615 snt            60719 rcv      
15-Feb-95 16:07 16      1152 snt             9000 rcv      
15-Feb-95 16:11 16      8896 snt          2219142 rcv      
15-Feb-95 16:35 16     12043 snt          2281134 rcv      
15-Feb-95 16:59 17     12605 snt           130702 rcv      
15-Feb-95 17:09 17      1152 snt             8058 rcv      
15-Feb-95 17:13 17      1664 snt             9086 rcv      
15-Feb-95 17:17 17      2688 snt            73394 rcv      
15-Feb-95 17:23 17       896 snt             6763 rcv      
15-Feb-95 17:27 17      2176 snt            27816 rcv      
15-Feb-95 17:32 17     61298 snt           156912 rcv      
15-Feb-95 17:40 17      4992 snt            44608 rcv      
15-Feb-95 17:47 18      8640 snt          1450855 rcv      
15-Feb-95 18:11 18     16463 snt          2352627 rcv      
15-Feb-95 18:36 18     12519 snt           333651 rcv      
15-Feb-95 18:46 18      4558 snt            14134 rcv      
15-Feb-95 18:51 18      1152 snt             8882 rcv      
15-Feb-95 18:55 18       896 snt             9452 rcv      
15-Feb-95 18:59 18      1152 snt            15681 rcv      
15-Feb-95 19:03 19      2432 snt            25322 rcv      
15-Feb-95 19:08 19      5965 snt            18921 rcv      
15-Feb-95 19:13 19      1408 snt            29002 rcv      
15-Feb-95 19:18 19      2176 snt            25385 rcv      
15-Feb-95 19:23 19      8906 snt            46012 rcv      
15-Feb-95 19:29 19      3181 snt             6151 rcv      
15-Feb-95 19:34 19      9253 snt            30584 rcv      
15-Feb-95 19:39 19      2688 snt            38132 rcv      
15-Feb-95 19:45 19      2063 snt             8665 rcv      
15-Feb-95 19:49 19      2548 snt            14937 rcv      
15-Feb-95 19:54 19      3609 snt             9242 rcv      
15-Feb-95 19:58 20      7616 snt          2283585 rcv      
15-Feb-95 20:22 20     12992 snt          2094427 rcv      
15-Feb-95 20:46 20      3601 snt            18943 rcv      
15-Feb-95 20:52 20      1152 snt             9369 rcv      
15-Feb-95 20:56 20      1152 snt            11813 rcv      
15-Feb-95 21:01 21       896 snt             4834 rcv      
15-Feb-95 21:05 21      2176 snt            25916 rcv      
15-Feb-95 21:10 21      8710 snt            12705 rcv      
15-Feb-95 21:15 21     19147 snt             5215 rcv      
15-Feb-95 21:21 21      2270 snt             7693 rcv      
15-Feb-95 21:25 21       896 snt             5966 rcv      
15-Feb-95 21:30 21      4000 snt             7758 rcv      
15-Feb-95 21:34 21      1464 snt             3439 rcv      
15-Feb-95 21:38 21       896 snt             7744 rcv      
15-Feb-95 21:43 21      2196 snt             4248 rcv      
15-Feb-95 21:47 21      4179 snt            13449 rcv      
15-Feb-95 21:51 21      6729 snt              544 rcv      
15-Feb-95 21:55 21      4474 snt            80444 rcv      
15-Feb-95 22:00 22       896 snt             6975 rcv      
15-Feb-95 22:05 22      2959 snt            10974 rcv      
15-Feb-95 22:09 22      5169 snt             5717 rcv      
15-Feb-95 22:14 22      3200 snt           169435 rcv      
15-Feb-95 22:21 22      6886 snt            28495 rcv      
15-Feb-95 22:27 22      3849 snt             8814 rcv      
15-Feb-95 22:32 22       384 snt             2866 rcv      
15-Feb-95 22:36 22      2432 snt            21630 rcv      
15-Feb-95 22:41 23     10317 snt          1702331 rcv      
15-Feb-95 23:11 23     17745 snt          2398628 rcv      
15-Feb-95 23:36 23     14018 snt           671592 rcv      
15-Feb-95 23:49 23      3355 snt            10712 rcv      
15-Feb-95 23:53 23      1664 snt            19694 rcv      
15-Feb-95 23:59 00      1152 snt             8563 rcv      
16-Feb-95 00:04 00      4916 snt             9608 rcv      
16-Feb-95 00:08 00        64 snt               32 rcv      
16-Feb-95 00:13 00        64 snt               32 rcv      
16-Feb-95 00:16 00      4021 snt             6166 rcv      
16-Feb-95 00:21 00     13546 snt          1880941 rcv      

Total sent bytes       1457603                               
Total bytes received                 56303427          

Send bytes equates to: 838 printed pages of text.

Received pages:        32,374 printed pages.

Total for this 20 hour period:  2,926 Fidonet pages received.
                                  838 Usenet/E-mail pages sent.
                               32,374 Usenet/E-mail pages received.
                               ______
Total printed pages of 
text in a 20 hour period:      36,138 Printed pages of text.

       31.  It should be clear that I cannot monitor the data
flow through the BBS for content.  In fact, working 12 1/2 hour
days video editing, I find it difficult to answer all the User
questions, and routinely maintain the BBS, let alone read the feeds
for content.
       32.  I do not and for physical and technical reasons
cannot monitor message traffic on the BBS for content.  However, if
it is pointed out to me that information on the BBS is a copyright
violation - or any other violation of law - I will remove the item,
and take disciplinary action against the originator.  This is what
I offered to Helena Kobrin, one of the attorney's for the
plaintiffs.  Her response was that she would not and could not
provide me proof of copyright infringement, and demanded that I
censor Rev. Erlich by cutting off his ability to access my BBS and
post text messages there, and through my BBS, to the Internet
community (See my exchange with her set out in Exhibit B).  This I
refuse to do.
       33.  I expect my subscribers to act as responsible men
and women, and view my bulletin board as an adjunct to the rights
of freedom of speech and expression held by all citizens of the
world.  I do not censor nor will I censor the remarks of any
subscriber.  I have, on occasion, suggested that certain
subscribers whose remarks I found offensive, distasteful, and
inappropriate, to take their accounts elsewhere.  However, because
of the nature of the Internet, I cannot prevent non-subscribers
from sending messages which appear on my bulletin board, nor do I
have the ability, in real time, to delete messages which appear on
my bulletin board on their way to the Internet.
       34.  I believe it is important and in the public
interest that the current debate going on in Group 154
(Alt.Religion.Scientology) between the Church of Scientology, and
its adherents, on the one hand, and former adherents and other
interested parties on the other hand, be maintained and permitted
to grow and flourish. Scientology claims to be a religion, and I
understand that it has a federal tax exemption based upon a
religious status.  I am skeptical of these religious claims and of
the teaching of the Scientologists.  I encourage Scientologists and
non-Scientologists alike to express their views on my bulletin
board so that the public may be fully informed, and ultimately
decide for themselves.  I welcome the comments of Scientologists
and non-Scientologists, and have and will continue to take every
step humanly possible to protect the access of all citizens
interested in this topic to my bulletin board and the opinions
expressed there on this vital public issue. I will not voluntarily
censor Rev. Erlich, a former Scientology minister, whose views and
opinions, even if hostile to Scientology as the Church claims, are
vital to this on-going debate.  If it is demonstrated to my
satisfaction that Rev. Erlich is engaging in rank obscenity, doing
nothing but wholesale copying of religious texts in order to
deprive the Church of Scientology of income, or defaming private
individuals who cannot defend themselves on the Internet, then I
will voluntarily delete the offending material from my BBS.
       35.  In my opinion the "Information Superhighway"
cannot be built without the active participation of small BBS's. 
Dr. Vinton Cerf, considered to be the father of the Internet, has
stated this at various times.  Everyone wants, or will want, an on-
ramp to the vast resources available now and in the future on the
Information Superhighway.  It is only with the help of small BBS's
like mine, some 50,000 to 70,000 of which are already in existence,
that the Internet can flourish as a tool of low or no cost citizen
participation in democracy, education and information gathering.
Requiring me to censor all the traffic that crosses my wires, and
the wires of other small BBS operators, is a physically impossible
task, and results in the shutting off of the BBS as a net access
tool. Sysops like me will be simply unable to put in the non-
remunerative hours, nor will they have either the insurance, or the
deep pockets, to stand up to libel, copyright infringement or trade
secret litigation as to which they bear no real blame or fault  
except for the fact that the offending message crossed the BBS
wires in a nanosecond of time on the message's travel through
cyberspace.
       36.  In my opinion a requirement that BBS operators
engage in message monitoring will insure there is a "Big Three" of
information services in the world. Only a "Big Three" approach
would offer the economies of scale, and the money that results, to
acquire the man-power and the Cray supercomputers to instantly
monitor text moving across the Internet.  I doubt that even the
"Big Three" could do it, as apparently only the National Security
Administration has the computer power to monitor the text of net
traffic in real time.  In my opinion a real time monitoring
requirement will kill every small BBS in the world, and raise
subscription rates on the "Big Three" to 10 times what they are
now.  Then you'd have censorship - nothing more than a bunch of
editors selecting suitable "letters to the editor" with no freedom
for everyone to express themselves.  This would be perfect for the
Scientologists, as it would permit them to continue what often
appears to me to be a mis-information campaign, designed to
disguise from the public the true character of Scientology while
allowing them to threaten to sue each of the "Big Three" if the
editors did not see things their way.  The result would be the
elimination, or at least the chilling, of criticism of the
Scientology, or any other group.
       37.  Were I to be informed that a particular text
message or file posted to my bulletin board included copyrighted
information, obscene material, illegal material, or other
information that I find offensive, I could and would delete the
text and files from the bulletin board.  I have not knowingly
allowed any copyrighted Scientology, or material claimed as a trade
secret by Scientology, to be posted on my BBS or through my BBS to
Internet.  
       38.  I am not intimately familiar with the contents of
any of the writings of L. Ron Hubbard, or any of the other
published Scientology materials identified in Exhibit A or B to the
Complaint.  I do not have copies of any of these works, either in
printed or to my knowledge in electronic form, and thus have no way
of comparing the text of any of the works with the text of any
message that comes across my BBS.  As to the materials that the
plaintiffs claim are trade secrets in Exhibit B, I am not a
Scientologist and have no way of identifying what is or is not a
trade secret of Scientology.
       39.  If I am ordered to prevent Dennis Erlich from
posting messages on my BBS, or if I am forced to monitor his or any
other persons text messages or files for content, I will be forced
to turn the power off the system, denying service to all 4,000
users, and suspend service to all 911 news groups, in order to
honor the injunction.  I cannot monitor the text of 15,000 to
30,000 messages, or the myriad of files, that come across the 12
lines of my system each day on a real time basis.  What I can do,
and remain willing to do, is to delete all material upon proof
being made to me that a particular message or file currently posted
on my board contains copyrighted material.  


       I declare under penalty of perjury of the laws of the
United States that the foregoing is true and correct and that this
declaration was executed by me this 20th day of February, 1995, at
North Hollywood, California.



                      /s/                                                  
                           TOM THEO KLEMESRUD




