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- ------------------------------
-
- From: Visualize Whirled Peas <brewer@ACE.ENET.DEC.COM>
- Subject: The Feds (In this case the FCC) hits Ham Packet BBS Ops.
- Date: Thu, 31 Jan 91 08:55:45 PST
-
- ********************************************************************
- *** CuD #3.05: File 6 of 8: The Feds hit Ham Packet BBS Ops. ***
- ********************************************************************
-
- -Newsgroups: rec.ham-radio
- Subject: FCC Citation of Packet BBSs for Store-and-Forward Msg
-
- FCC CENSORS/CENSURES PACKET RADIO
- Tom Clark, W3IWI
- January 30, 1991
-
- Today a number of packet BBSs on the east coast received citations from the
- FCC's Norfolk (actually Virginia Beach) Field Office which may well spell
- the end to much of amateur packet radio. According to Jim, WA4ONG the
- following packet BBSs (and perhaps others) are involved: N3LA, WA3TSW,
- KA3CNT, KA3T, WA3ZNW, W3IWI, WA4ONG, WB0TAX and N4HOG [my copy of the
- citation has not yet arrived in the mail -- the details in this message are
- taken from a copy WA4ONG faxed to me].
-
- The letter dated January 25th from Mr. J. J. Freeman, Engineer in Charge at
- the Norfolk Office, to WA4ONG states:
-
- "I have received a report that indicates you may have operated your amateur
- radio station, call sign WA4ONG, in violation of Section 97.113(a) of the
- Commission's Rules. It appears that you used the Ama-teur Radio Service to
- facilitate the business activity of THE COALITION TO STOP U.SD.
- INTERVENTION IN THE MIDDLE EAST."
-
- "Specifically, on or about January 5, 1991 you received a packet radio
- message originated by amateur radio station WA3QNS. You then transmitted
- this packet radio message to another amateur radio station. The message
- was:
-
- { Here appears a copy of the message sent by WA3QNS@N3LA.PA originat-ed
- at 22:22z on Jan.5 with the BID #21035_N3LA, Subject: Call This Number
- ASAP. The message listed the business telephones and fax numbers for
- "The Coalition" as well as a 1-900-xxx-xxxx number to call to
- "register your voice" I won't repeat the bulletin here, because
- repeating the bulletin would make it illegal to send this message! }
- (Continued in Part 2)
- /EX
-
- SB URGENT@USA < W3IWI $38141_W3IWI
- FCC CITES BBSs FOR @USA MSG (Part 2/4)
- R:910131/0445z 38141@W3IWI.MD.USA.NOAM [Balto/Wash MD/DC]
-
- FCC CENSORS/CENSURES PACKET RADIO cont'd
-
- "This activity was a facilitation of the business affairs of the Coali-tion
- to Stop U.S. Intervention in the Middle East and therefor {sic} in
- violation of Section 97.113(a)."
-
- The FCC citation then contains the boilerplate demanding a response within
- 10 days explaining circumstances and correct actions, and then closing with
- a chilling "to determine what, if any, enforcement action is required to
- insure current and future rule compliance" and a state-ment that future
- transgressions will bring fines and/or license revoca-tion.
-
- That's the facts. I'll now discuss some of the implications and recommended
- actions.
-
- THE IMPLICATIONS
-
- The implications of the action by the FCC's Norfolk Field Office are
- absolutely appalling. What is implied is that each and every station in a
- store-and-forward network is responsible for the actual message CONTENT
- passing through each node. The BBSs were cited because their calls were in
- the message header "audit trail". The FCC's action states that each BBS
- SYSOP is personally responsible for the "correctness" of all messages
- merely passing through his system. Here, the W3IWI mail switch handles
- about 10,000 messages per month automatically. There is NO WAY that I can
- vouch for every bit that passes through!
-
- If the FCC had instead gleaned its information from on-the-air monitor-ing,
- then all the THENET/NETROM/ROSE/TCPIP/DIGIPEATER switches handling the
- message would have been equally culpable! The implication of the FCC action
- is that a node control operator must read all information and be prepared
- to shut the system down at the first hint of an "inappropriate" message.
- It's hard enough to watch the information passing on 1200 BPS links --
- imagine the impossibility of "censoring" 56 kBPS or faster channels.
- (Continued in Part 3)
- /EX
-
- SB URGENT@USA < W3IWI $38142_W3IWI
- FCC CITES BBSs FOR @USA MSG (Part 3/4)
- R:910131/0445z 38142@W3IWI.MD.USA.NOAM [Balto/Wash MD/DC]
-
- THE IMPLICATIONS cont'd
-
- In future networks where redundant channels exist, it is quite possible
- that a given message will be fragmented and parts of it sent via several
- parallel paths. The message may exist as a complete entity only at the ends
- of a virtual path. It would be impossible to implement the censor-ship the
- FCC seems to be demanding with such a network, so the "legali-ty" will
- interfere with development of new technology.
-
- Consider another recent development: amateur packet radio satellites.
- PACSAT is licensed by the FCC with a US trustee and a cadre of US sy-sops.
- PACSAT is, in essence, a flying BBS with the sysops on the ground. In
- order to screen out "offensive" messages, a ground-based SYSOP has to use a
- radio channel to verify message CONTENT. But the FCC letter says that the
- very act of reading an "offensive" message on the radio is illegal. If the
- Norfolk FCC action is allowed to stand, the logical implication is that
- PACSATs must be turned off!
-
- A number of us have discussed such issues with responsible individuals at
- the FCC in Washington ever since the first fledgling days of packet radio.
- The signal that the FCC sent was that the sole responsibility for the
- CONTENT of a message lays with the ORIGINATOR. The actions of the Norfolk
- Office seem to indicate a new policy has been adopted which effectively
- kills packet radio.
-
- Or -- perhaps -- the Norfolk Engineer in Charge who issued the citations
- was offended by the particular message and chose to take out his
- frus-trations on all the "King's Messengers" who brought the message to
- him?
-
- W3IWI COMMENTS AND RECOMMENDATIONS
-
- It is ironic that the WA3QNS message that brought down the wrath of the FCC
- a number of the BBSs that "touched" his message brought a very vocal
- response from the packet community informing him that
-
- (1) 1-900-xxx-xxxx are in fact commercial ventures designed to raise
- money and that a call to the number would cost the caller.
-
- (2) The subject message was probably in violation of 97.113(a) and
- probably illegal
- (Continued in Part 4)
- /EX
-
- SB URGENT@USA < W3IWI $38143_W3IWI
- FCC CITES BBSs FOR @USA MSG (Part 4/4)
- R:910131/0445z 38143@W3IWI.MD.USA.NOAM [Balto/Wash MD/DC]
-
- W3IWI COMMENTS AND RECOMMENDATIONS cont'd
-
- Personally, I have been silent (but very frustrated) that about the 10% of
- bulletins addressed @USA (or @ALLUS, @ALLBBS, etc.) that are in poor taste.
- I have grown tired if blather about censorship, First Amendment Rights and
- the incredible volumes of hate mail. WA3QNS, by his statements and by the
- responses to his statements from other folks, has been one of the causes of
- this frustration. I have longed for the return to normalcy with messages on
- technical topics and personal communications. I have found it frustrating
- to pay the electric power bill and pay for the W3IWI hardware for others to
- engage in marginally offensive "Free Speech". I have wished that the
- (ab)users of @USA would have exercised more discretion with
- self-censorship.
-
- But I have gritted what teeth I have left and avoided being a censor. Now,
- the FCC's CENSURE has left me with no alternative than to be a CENSOR.
-
- Until the FCC tells me that I can do otherwise, I will only release @USA
- messages that I personally screen and am willing to stake my license on.
- The priority on my time is such that I don't expect to have time to screen
- @USA bulletins. Any complaints about my decision will be sent to /dev/null.
-
- For the vast majority of you who do not abuse the system, I'm sorry that
- this situation has come up and that your ability to "fan out" informa-tion
- will be hindered. Since there have been very few instances of "offensive"
- personal messages, I'll take the risk of keeping all other packet mail
- flowing here and I hope the other BBS SYSOPs do likewise. But PLEASE
- exercise self-policing. The BBS SYSOPs don't want to be held responsible
- for YOUR words.
-
- The ARRL has already been informed about the Norfolk citations. Because of
- the potentially devastating impact on all packet radio if the Norfolk
- situation is allowed to stand, I anticipate a lot of phone calls to be made
- in the next few days!
-
- 73 de Tom, W3IWI
-
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- >> END OF THIS FILE <<
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