------------------------------ Date: Sat, 15 Jan 94 14:10:42 PST From: hkhenson@CUP.PORTAL.COM Subject: File--Robert Thomas BBS Raid Update ((MODERATORS' NOTE: After reading Keith Hanson's summary of sysop Robert Thomas's recent raid by the U.S. postal service regarding BBS seizure and alleged pornography (see CuD 6.06, file 1), one reader cancelled his CuD sub, saying that he's "gettng *really* tired of reading about the latest porn purveyor to get busted." The inaccuracy of what CuD publishes and the reckless allegations of the current incident aside, the issues Keith raises extend beyond the content of adult files. Robert Thomas's Amateur Action was first raided by local (San Jose, Calif.) police in 1992 (see CuDs 4.09 and 4.10) for making accessible adult gifs on Amateur Action BBS. The result of the first raid led only to embarrassment for local law enforcment. CuD has been told that 1) Thomas's equipment was returned; 2) No charges were ever filed; 3) He was issued a letter stating that nothing on his BBS was in violation of the law. The latest raids raise questions about entrapment, seizure procedures, and the scope of the ECPA in protecting private e-mail on BBSes. Below, keith summarizes the latest events following last week's raid)). ================================ Update Saturday noon. Back from seeing Robert's sons and friend pick up his computer equipment and a 10 minute chat with Postal Inspector Dirmeyer, and a San Jose Police officer by the name of Weidner. At least one point is clear, David Dirmeyer and Lance White are the same person, I simply asked him, and he admitted it. I also found out why he was willing to talk to me during the search. He figured that anybody who starts quoting chapter and section from the Federal Code is a lawyer. [Dirmeyer reminds me somewhat of one of my cousins when he was about 18. My cousin was tall and gangly, and given to putting on a hick act.] Dirmeyer/White seemed completely unconcerned with having generated any liability for the government under the ECPA or the Newspaper Privacy Protection Act (2000aa). He backed this up by being very proud of getting the system (well, most of it anyway) back to the sysop in under a week. [The EFF *has* had a positive effect, this is the first time I ever heard of any LEA's caring how long they take to return a computer.] He was very confident that a judge would dismiss any civil lawsuit brought by the users because of what he perceived as criminal obscenity activities by the sysop. How actions, criminal or not, of one person (the sysop) cancels the rights of others (email customers) to recover from those who block access to their email is beyond me. If that did not get them off the hook, they would get out of civil liability claims because they interrupted people's email access for such a short time, as opposed to the lengthy time the Secret Service kept Steve Jackson's BBS. I can almost quote the relevant sections of the ECPA, and *I* don't remember any time limits under which the civil penalties of law do not apply, "But Judge, I only exceeded the speed limit for a *few* miles!" I wonder how the Postal Service would react to locking *their* patrons out of a local office and away from their mail boxes for a week? I expressed my hope (as a San Jose resident and taxpayer) to Officer Weidner that the Post Office had agreed to take responsibility for any civil liability arising out of the case. He was close to uncivil in stating that I had no standing in the case, and it was none of my concern. He advised me to butt out of being involved in any way. He asked if I had ever *seen* the material on that BBS, (my answer was no) and expressed the opinion that I would be smeared by it and greatly regret getting involved. Back to Dirmeyer, I asked him about the warrant. He said what he did is ordinary investigation practice, including sending people unsolicited material and then picking it up under a warrant. I asked him if the Judge knew, and he assured me the Judge was fully aware that the person getting a warrant for "Lance White's" correspondence was also Lance White. He also said the Judge was aware of the 2000aa and ECPA issues, and that they were under orders not to look at anything labeled email. For some reason, this did not reassure me. Robert's sons and a friend got the last pieces of the computer down to the lobby and we parted company with a few comments on my part about Postal Service agents legally sending kiddy porn through the mail, like the Nebraska case recently ruled entrapment by the Supreme Court. Just one minor thing to add. Because of a persistent back injury, I am on crutches most of the time. I was making my way across the lobby of the old Post office nearing the doors. Dirmeyer and Weidner passed me, opened the doors, went through and let them swing shut in my face. I guess scum like me is below their notice. Keith Henson =+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+ + END THIS FILE + +=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+===+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=