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- Newsgroups: alt.bbs.allsysop
- Path: sparky!uunet!spool.mu.edu!umn.edu!csus.edu!netcom.com!tweek
- From: tweek@netcom.com (Michael D. Maxfield)
- Subject: Re: *** LEGAL HELP WANTED ***
- Message-ID: <1992Dec30.151554.24858@netcom.com>
- Organization: Netcom Online Communications Services (408-241-9760 login: guest)
- References: <o87JwB1w165w@tradent.wimsey.bc.ca>
- Date: Wed, 30 Dec 1992 15:15:54 GMT
- Lines: 123
-
- In article <o87JwB1w165w@tradent.wimsey.bc.ca> lord@tradent.wimsey.bc.ca (Jason Cooper) writes:
- >Anybody here know if it is possible to request "common carrier status"
- >for a BBS? For those of you not familiar with this, or perhaps looking
- >for an american equivalent, this status is granted to services such as
- >radio stations and telephone companies, and absolves them of all
- >responsibility for what happens to transpire through their services. I'm
- >wondering if I can apply for this for my bulletin board so that I am not
- >held responsible for pirated files that rest on my drive though I don't
- >use them. I don't see why this WOULDN'T be granted, but I'm wondering if
- >anybody out there has done this or knows how I might go about doing so.
- >
- > Jason Cooper
-
- Probably the best way to deal with the illegal upload problem, is to have
- all uploads go into a directory which is not accessable to the users. It
- would however require that you move the files to an accessible directory
- once you check them out. This scheme will also prevent someone from
- uploading a zip'ed file to your system and then using some tricks to
- try to unzip it into your system files. (depending upon the system, it
- has been possible to hack or crash systems through uploads.... ) Does
- your BBS, when it calls DSZ, pkunzip, arc-e and the like call it with the
- path? It should... if not, someone can upload a command.com shell as
- pkunzip.com (or such) and then tell the bbs to unarc a file in that
- directory... not knowing a direct path to the real unzip program, and
- having one in the current directory, the bbs runs the trojan one.
-
- As far as obtaining COMMON CARRIER status, others would have to pay
- you for the services of your system, and expect privacy because of it.
- If they pay you, then the phone company can consider your system a
- commercial venture and charge you bussiness rates.
-
- It is my belief that you can be fairly safe, by restricting uploads to
- a private directory, and having all users forced to read a disclaimer
- at logon.
-
- Here is the disclaimer/rules for my system.... comments welcome:
-
-
-
-
-
- THE ELECTRONIC DOMAIN
- Electronic Bulletin Board System
-
- RULES AND REGULATIONS
- with regards to
-
- TITLE 18 U.S.C Chapter 121
- Stored wire and electronic communications
- and transactional records access.
-
- TITLE 13 California Code Section 502
- Comprehensive computer data access and fraud act.
-
-
- The Electronic Domain Electronic Bulletin Board System (TEDEBBS, T.E.D.)
- is a private computer communications system and allows limited access to
- callers wishing to use it's services. Users of this board shall NOT expect
- their messages (private or public) to be private. Any and all messages on
- this system may be read by the sysop and others charged with the maintenance
- of the system, as well as others who are granted an access level allowing such
- access to the system. System messages may also be possibly read by persons
- who gain access through unauthorized means, either physically or electronically.
-
- The Electronic Domain will attempt to honor a users desire to keep private
- messages private to all except the intended recipient, the sender, and those
- charged with the upkeep of the system. The system managers may read, view,
- run, forward, back up,and delete any electronic messages, files, programs,
- text, or other series of BYTES uploaded or sent to this system if such data
- is termed offensive, inflamitory, illegal, fraudulent, or disliked (I had to
- put in a catch-all) by the system manager.
-
- You, the user, by your use of this system, agree to hold harmless from any and
- all legal and physical threats, the system managers, the system owners, the
- system itself, and those who are using the system legally. You are allowed
- all the rights afforded to you by the federal and state codes listed at the
- beginning of this file, against any person who enters this system illegaly
- or fraudulently and causes injury or damage to you, your files, or your way
- of life.
-
- The Electronic Domain and its system managers will cooperate with agents of
- the law as required in U.S.C. TITLE 18, Chapter 121, sections 2702, 2703,
- 2704, and any other applicable sections.
-
- Be forwarned, that section 2702 (b) (6) states: A person or entity may divulge
- the contents of a communication--
- to a law enforcement agency, if such contents--
- (A) were inadvertently obtained by the service provider; and
- (B) appear to pertain to the commission of a crime.
-
-
- This system does not allow transfer of copyrighted information, data, files,
- or programs without the copyright holders permission. Shareware and public
- domain software is allowed to be uploaded and downloaded to/from this system
- to the extent that the copyright allows. Any programs which require that a
- fee be paid by a BBS system for the right to download, will not be allowed
- on this system.
-
- System managers reserve the right to restrict your access to parts of this
- system, and/or the entire system as a whole. While using this system, you
- are a guest here and must conform to the rules set forth by the system
- managers, written and orally.
-
- It is suggested that you download this rules file, as well as the text of
- the US Codes and California Codes mentioned above, and keep them for your
- reference. The above mentioned codes are applicable for any use you may
- access electronicaly, and are well worth reading to know your rights.
-
- By using this system, you are acknowledging that you have read these rules
- and will abide by them. If you have a problem with any of the rules, hang
- up now.
-
- Michael D. Maxfield
- Sysop: The Electronic Domain
- UUCP : tweek@tweekco.uucp (Tweek-Com Systems)
-
- ************************************************************************
-
- tweek@netcom.com tweek@tweekco.uucp WWIVNet 5@5058 4@5056
- I'd rather get my cable service from the phone company,
- than my phone service from the cable company.
-
-
-