Computer underground Digest Sun Jan 09 1994 Volume 6 : Issue 04 ISSN 1004-042X Editors: Jim Thomas and Gordon Meyer (TK0JUT2@NIU.BITNET) Archivist: Brendan Kehoe (BEST WISHES, BK) Shadow-Archivists: Dan Carosone / Paul Southworth Ralph Sims / Jyrki Kuoppala Ian Dickinson Copy Relativist: Ayn Stine CONTENTS, #6.04 (Jan 09 1994) File 1--Re-cap of Tony Davis Oka Info Ex BBS Bust File 2--Brief/Motion to Dismiss in Tony Davis BBS Case File 3--Sources for more information on OIE/Tony Davis BBS File 4--Re: Ratings Servers and the Diversity of USENET (#1) File 5--Re: File 7--Anarchy Gone Awry (Re: CuD 5.91) #2 File 6--Re: Ratings Servers and the Diversity of USENET (#2) File 7--Congressperson's Gopher in Arizona Cu-Digest is a weekly electronic journal/newsletter. Subscriptions are available at no cost electronically from tk0jut2@mvs.cso.niu.edu. 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DISCLAIMER: The views represented herein do not necessarily represent the views of the moderators. Digest contributors assume all responsibility for ensuring that articles submitted do not violate copyright protections. ---------------------------------------------------------------------- Date: Sun, 09 Jan 1994 17:15:11 EST From: CuD Moderators Subject: File 1--Re-cap of Tony Davis Oka Info Ex BBS Bust Two files in this issue address the bust of Tony Davis, a BBS sysop in Oklahoma. Here, we reprint from CuD 5.81 an excerpt from Lance Rose's Boardwatch Column, which provides a summary of the case. The next article is the brief for a motion to dismiss in the case. The third post provides pointers for those who want more detailed information. Extracted from CuD 5.81: ================================================ From Boardwatch Magazine / September, 1993. Under the byline of Lance Rose:"BBS BURNINGS" in the Legally Online column, p. 62 ================================================ OKLAHOMA BBS RAIDED ON PORNOGRAPHY CHARGES The legal assault on bulletin boards continues this month with a raid by Oklahoma City Police Department Vice Division on Tony Davis's OKLAHOMA INFORMATION EXCHANGE BBS and his associated Mid-America Digital Publishing Company. About 4:00 PM on July 20, four officers of the Oklahoma City Police Department arrived at the offices of Mid-America Digital Publishing with a search warrant for "pornographic CD-ROMs." Davis was arrested on suspicion of the sale and distribution of pornographic CD-ROM disks. Of the 2000 CD ROM disks available on site, they confiscated about 50 disks, and an estimated $75,000 worth of equipment Davis runs his 10-line OKLAHOMA INFORMATION EXCHANGE BBS on. The equipment including two computers with gigabyte hard drives, two Pioneer 6-disk drives, four single CD ROM drives, 10 High Speed Hayes modems, Novell network software and associated hardware, etc. Apparently, an undercover agent had contacted Mid-America Digital Publishing on two occasions and purchased CD-ROM disks containing adult material from the company. At the raid, Davis cooperated with the police showing them whatever they wanted to see, and even removing four disks from CD-ROMS on the BBS machine and showing them to the police. Curiously, these were standard off-the-shelf CD ROM collections NOT published by Davis, including "Busty Babes", "For Adults Only #2," "For Adults Only #3", and "Storm II". More curiously, the police themselves put the disks BACK into the BBS in order to video tape callers accessing the files on the disks. ...... Despite Davis' notification, none of the specific procedures required by federal law (Privacy Protection Act) when serving search warrants on publishers was followed, and no acknowledgement or even apparent cognizance of the Electronic Communications Privacy Act made when notified of the electronic mail for some 2000 BBS users available on the system. OKLAHOMA INFORMATION EXCHANGE carries some 750 FidoNet conferences, an additional 750 Usenet Newsgroups, and offers callers private FidoNet mail and Internet mail and actually hubs mail for other bulletin board systems as well. ...... All possible charges relate to Oklahoma State statutes against obscenity. Located in the heart of the Bible Belt, this could be serious. A penalty of up to $5000 and 5 years in prison per infraction is possible. If you count each file on a CD-ROM as an infraction, Mr. Davis could in theory be facing over a 100,000 years in jail and nearly a $100 million in fines - another contrast between technological reality and our legal system. From what we understand, in Oklahoma, it is technically illegal to actually BE naked at any time when not actually getting wet somehow, and some legal theorists posit that HBO and Showtime cable television channels are actually infractions under the state laws as written. ((MODERATORS' NOTE: BOARDWATCH Magazine, chalked full of information and news, can be obtained for $36/year (12 issues) from: Boardwatch Magazine / 8500 W. Bowles Ave. / Suite 210 / Littleton, CO 80123)). =+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+ + END THIS FILE + +=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+===+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=