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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. The
editors may be contacted by voice (815-753-0303), fax (815-753-6302)
or U.S. mail at: Jim Thomas, Department of Sociology, NIU, DeKalb, IL
60115.
Issues of CuD can also be found in the Usenet comp.society.cu-digest
news group; on CompuServe in DL0 and DL4 of the IBMBBS SIG, DL1 of
LAWSIG, and DL1 of TELECOM; on GEnie in the PF*NPC RT
libraries and in the VIRUS/SECURITY library; from America Online in
the PC Telecom forum under "computing newsletters;"
On Delphi in the General Discussion database of the Internet SIG;
on the PC-EXEC BBS at (414) 789-4210; and on: Rune Stone BBS (IIRG
WHQ) (203) 832-8441 NUP:Conspiracy; RIPCO BBS (312) 528-5020
CuD is also available via Fidonet File Request from 1:11/70; unlisted
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COMPUTER UNDERGROUND DIGEST is an open forum dedicated to sharing
information among computerists and to the presentation and debate of
diverse views. CuD material may be reprinted for non-profit as long
as the source is cited. Authors hold a presumptive copyright, and
they should be contacted for reprint permission. It is assumed that
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DISCLAIMER: The views represented herein do not necessarily represent
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violate copyright protections.
----------------------------------------------------------------------
Date: Sun, 09 Jan 1994 17:15:11 EST
From: CuD Moderators <cudigest@mindvox.phantom.com>
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)).
------------------------------
Date: Fri, 24 Dec 93 10:11:45 PST
From: Tony.Davis@f1.n147.z1.fidonet.org (Tony Davis)
Subject: File 2--Brief/Motion to Dismiss in Tony Davis BBS Case
IN THE DISTRICT COURT OF OKLAHOMA COUNTY
STATE OF OKLAHOMA
STATE OF OKLAHOMA, ex rel., )
ROBERT H. MACY, DISTRICT )
ATTORNEY OF THE SEVENTH )
PROSECUTORIAL DISTRICT, )
)
Plaintiff, )
vs. ) Case No. CJ-93-6651
)
ONE (1) PIONEER CD-ROM CHANGER, )
MDL. #DRM-600-A, SER# ML 8515021; )
ONE (1) PIONEER CD-ROM CHANGER, )
MDL. #DRM-600-A, SER