The Hacker's Encyclopedia 1998/hackers_encyclopedia.iso/zines/cud/cud633.txt

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Computer underground Digest    Thur  Apr 14, 1994   Volume 6 : Issue 33
                           ISSN  1004-042X

       Editors: Jim Thomas and Gordon Meyer ([e-mail])
       Archivist: Brendan Kehoe
       Archivist Le Grande: Stanton McCandlish
       Shadow-Archivists: Dan Carosone / Paul Southworth
                          Ralph Sims / Jyrki Kuoppala
                          Ian Dickinson
        Suspercollater:       Shrdlu Nooseman

CONTENTS, #6.33 (Apr 14, 1994)

File 1--Search Warrant Affidavit in Amateur Action BBS Case

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----------------------------------------------------------------------

Date: Wed, 23 Feb 94 03:03:52 PST
From: hkhenson
Subject: File 1--Search Warrant Affidavit in Amateur Action BBS Case

((MODERATORS' NOTE: Robert Thomas, sysop of Amateur Action BBS was
arrested in January following a U.S. Postal Service "sting," and was
alleged to be running a BBS that carried child pornography.  A
previous bust of AABBS by local law enforcement in Milpitas, Calif,
resulted in no charges being filed and the return of the equipment.
There was no indication at that time that any of the files were
illegal.

The current case resulted from a postal inspector's questionable
investigation and application for a warrant. Although the BBS is
located in California, Thomas was indicted in Memphis, Tenn., because
material downloaded in Tennessee was deemed to violate laws of that
state, rather than California.

The case raises interesting questions. In addition to the questionable
investigative procedures, the one most relevant to CuD readers is
this: If a text, gif, or other file is legal in one state, what are
the implications of such a file is accessed by someone from another
state where the file(s) may not be legal?  Given the permeable borders
of cyberspace, can prosecutors apply local laws to other states and
thereby invoke federal law enforcement power? If so, this could mean
that the most restrictive laws in one jurisdiction are the de facto
threshold of legal tolerance universally.

The status of the case and the nature of the issues currently remain a
bit murky, and personnel in the Memphis US District Attorney's office
have not returned CuD's contact (we attempted to contact US Atty
General Veronica Coleman at [phone]).

Below is the affidavit for the search warrant served on AA BBS.  We
will provide an update in the next week or two)).

=================================================

IN THE MATTER OF THE APPLICATION
FOR AND AFFIDAVIT IN SUPPORT OF
A WARRANT FOR THE SEARCH OF
A PREMISES KNOWN AS
475 TRAMWAY DRIVE,
MILPITAS, CALIFORNIA 95035



             AFFIDAVIT IN SUPPORT OF SEARCH WARRANT


     I, DAVID H. DIRMEYER, Affiant herein, being first duly sworn,
do hereby state as follows:
     1,   Affiant is currently employed as a United States Postal
Inspector  at  Memphis,  Tennessee,  and  has  been  a  resident  of
Memphis, Tennessee for his entire life.  My specific assignment is
as a Prohibited Mailing Specialist, a  position which I have held
since  December, 1991.   1  am  also  a  child  pornography/obscenity
specialist with duties to identify and investigate the activities
of persons suspected of trafficking in child pornographic materials
and  obscenity  through  use  of  the  United  States  mails.   I  have
attended  training sessions addressing, generally, the matters of
pedophilia, child sexual abuse, and the  use of the mails  in the
transmission of child pornographic materials and obscenity.
     2.   Affiant's. general  law  enforcement  background  includes
approximately four years as a Postal Inspector.  Most of this time
has been spent in the investigation of federal criminal violations.
I  have  participated  in  hundreds  of  criminal  investigations
including child pornography and obscenity cases and have testified
in various types of judicial proceedings.

                             1


     3.   The  following  information  is  based  upon  my  personal
knowledge and observations and my conversations with, and reports
from, other law enforcement officers.
     4.   On  or  about July  26,  1993, U.S. Postal  Inspectors  in >
Memphis received a complaint from a citizen residing in the Western
District of Tennessee .  This citizen described himself as an avid
computer "hacker".  He said he had encountered a computer bulletin
board system (BBS) offering photos and videos of nude children.
This citizen said the name of the bulletin board was Amateur Action
bulletin Board System (AABBS) and the telephone number was 408-263-
3396.  Your Affiant is aware that area code "408" is a California
area code.
      5.   On or about July 10, 1993, Postal Inspectors in Memphis
contacted the abovesaid BBS by computer   The operator of the BBS,
known as  a  "sysop" (SYStem  OPerator),  was  offering  to  sell
photographic  images  of  young  girls  via  computer  systems.   Your
Affiant is aware that photographs and other images can be used to
create data that can be stored and used by computer systems.  This
can be accomplished by using a device known as a "scanner".  The
data from an individual image can be stored by a computer as an
individual "file".  A file of such an image is generally known as
a "GIF" (Graphics Interchange Format).  Computers are capable of
displaying this data  as a  facsimile of the original image  on a
computer  screen.   Using  a  commonly  available  device  known  as  a
"modem",  one   can   transmit   and   receive   computerized   data,
interstate, over telephone lines between computers.  Such

                                2


transmissions are known as "uploads" by the computer sending the
data, and "downloads" by  the  computer  receiving  it.   GIF's  are
suitable for such transmission.
     6.   on  or  about  August  20,  1993,  Postal  Inspectors  in -
Memphis, using  a  computer  equipped  with  a  modem,  contacted  the
telephone number provided by the aforesaid Tennessee citizen and
inquired about the procedure for subscribing to the AABBS.  As this
information appeared on the computer screen, Postal Inspectors used
the "print screen" command, causing a printer to Produce a Paper
copy  duplicating  the  information  that  was  on  the  screen.   The
message  indicated  that  by  subscribing  to  the  AABBS,  one  could
download GIF's and obtain lists of videos, magazines, and "novelty"
items available for sale by the Sysop.  Using the fictitious name
and address - Lance White, 1770 North Germantown Pkwy., Suite 166,
Cordova,  Tennessee  38018,  -  your  Affiant  mailed  a  completed
application form to  the address indicated, 142 N. Milpitas Blvd,
Suite  284,  Milpitas,  CA  95035.   A  six-month  subscription  cost
$55.00 with a 1.2 megabyte download limit and a time limit of 90
minutes  per  day.    Your  Affiant  included  postal  money  order -
#4910086213 for $55.00 with the AABBS membership registration form.
     7.   To become a member of AABBS, certain requirements must be
met, one of which is to furnish a legitimate street address.  Post
Office (PO) box addresses are excluded.  Your Affiant is aware that
United States Postal Service regulations do not allow  individual
Post  Offices  to  accept  packages  for  delivery  to  PO  boxes  from
common carriers such as Federal Express or United Parcel Service.

                             3


It has been your Affiant's experience that individuals who traffic
in obscenity or child pornography often have such requirements to
avoid use of the United States mail to transport their merchandise.
     8.   on or about August 26, 1993, an individual identifying
himself as Robert Thomas left a message on an undercover telephone
line answering  machine operated by Postal Inspectors  in Memphis.
Thomas'  message  indicated  that  he  had  received  the  abovesaid
registration fee and would allow access to his BBS.  Many bulletin
board systems have a feature commonly known as "chat" mode.  This
feature allows  the  Sysop, or other person at the BBS, to  type a
one-to-one conversation with a person at the calling computer.  On
or about August 26, 1993, your Affiant was in contact with AABBS
when the sysop (Thomas) changed the system to chat mode.  Thomas
thanked me for joining and welcomed me to the AABBS.
     9.   Another feature of AABBS is a "Bulletin Menu" that lists
various services/materials  available.    This  menu  notes  that
"Visa Mastercard" is accepted for GIF and Video access.  This menu
lists  various  categories  of  videos, magazines,  and "GIF  packs"
available. GIF packs are sets of diskettes containing numerous GIF
files  pertaining  to  a  particular  subject.   Entries appearing  on
AABBS's bulletin menu, each time your Affiant has logged on and as
recent as December 14, 1993, include: "Amateur Action Kinky Videos!
Kinky, Nasty, Bizarre and Taboo!" "Amateur Action Nudist Videos!
Teenage and Family Nudism:"

                           4


     10.  On or about August 26, 1993, your Affiant used the print
screen  command  to  obtain  a  list  of  nudist  videos  and  GIF  packs
available from AABBS.  This list included 29 nudist videos.  These
videos  are  described  as  containing "Tender  young  teens  caught
candid at nudist colony" and "topless teenagers of all ages".  The
nudist videos sell in packs of three for $99-00, or $35-00 each if
purchased separately. the GIF packs described on the list consisted
of  five  to  six  megabytes  of  GIF  files  featuring  nude  teen  and
"junior teen" children. The selection included 27 GIF packs priced
at $24.00 each.
     11.  On or about August 27, 1993, your Affiant used the print
screen command to obtain a partial listing of the over 17,000 GIF
files available for download from AABBS.  I noticed that many of
the file  descriptions  listed  included terms  such as "Firm  body,
budding  young  breasts:::" (AA-135), "Closeup  of this  cute  young
teen:'  AA-138), "She has a young tender body and no tits at all!"
(AA-363).
     12.  On or about August 27, 1993, your Affiant mailed a letter
and  postal money order #4910086921 in the amount of $41.00, to  -
Robert Thomas, 142 N. Milpitas Blvd #284, Milpitas, CA 95035.  1
asked Thomas, in the letter, to select one video from the group of
videos  referenced  on the  AABBS  menu  as "K71" thru "K74".   This
group of videos was  advertised on the BBS as "Mother and daughter
with dog! Girls shitting and pissing!" I also told Thomas, in the
letter, that I had some material that he might be interested in.
I did not specify the subject matter of my material at that time.

                                5


     13.  on or about  August  31, 1993, your Affiant  received  an
electronic  message (EM)  from  Robert  Thomas  on  the  BBS.   Thomas
expressed  an  interest in  the  material  I  had  alluded  to  when  I
placed the first order on August 27, 1993.  As I was responding to
Thomas's EM, he interrupted by going to chat mode.  In the computer
conversation  that  followed,  I  again  did  not  reveal  the  subject
matter of the material which I supposedly possessed.  However, I
expressed an interest in the teen nudist material available on the
BBS.  Thomas showed me how to execute an automated search of the
GIF files for material of a particular nature.  Thomas used the key
words "teen" and "nudist" to identify GIFS that contain images of
nude children.  I documented this interaction with Thomas, using
the print screen command.
     14.  on or about September 3, 1993, your Affiant left an EM
for Thomas thanking him for demonstrating the search technique.  I
told him I am enjoying the material that I have downloaded.  I went
on to  say that the  material  mentioned  in  earlier  correspondence
consisted of "action mags".  The term "mags" is commonly used to
refer to pornographic;magazines.  This message was recorded using
print screen.
     15.  on or about  September 7, 1993, your Affiant received an
EM from Thomas.  Thomas was asking for details about the magazines
I possessed.  I recorded this message using print screen.  I did
not respond to this inquiry at that time.

                                 6


     16.  On or about September 14, 1993, your Affiant downloaded
a file from AABBS called "ALLVID.ZIP".  This file contains detailed
descriptions of videos for sale by AABBS (Robert Thomas).  Included
on  the  list  are  forty-two  (42)  videos  featuring  "bestiality"
(humans  having  sex  with  animals),  thirty-three  (33)  videos
featuring "golden  showers/scat" (people  urinating/defecating  on
each other), eighty-one (81) "kinky" videos, and others.  The kinky
videos are  described  as  containing "orgies" (groups  of  three or
more  people  simultaneously  engaged  in  sexual  activity),  "gang
bangs" (one  female  having  sex  with multiple  males), bestiality,
golden shower/scat, bondage, objects (dildos, vegetables, bottles,
and  other  objects  inserted  into  the  vagina),  rape,  torture  and
other sexually deviant activity.
     17.  On or about September 17, 1993, your Affiant retrieved a
box,  from  my  fictitious  address  in  Cordova,  Tennessee,  that
contained a video cassette tape (VHS format) labeled "K74".  The
package had been delivered by United Parcel Service (UPS) and the
package label indicated Robert Thomas as the sender.  This material
was ordered on August 27, 1993.  Your Affiant has personally viewed
the abovesaid video cassette tape entitled "K74"  in its entirety
and  has  prepared  a  written  description detailing  the  content  of
said video, in its entirety.  A copy of this written description is
attached hereto as  Attachment C and fully incorporated herein by
reference.

                                 7


     18.  On  or  about  September  17, 1993, your  Affiant  mailed  a
letter  and  postal  money  order  #  4910087985,  in  the  amount  of
$204.00,  to  Robert  Thomas,  142  N.  Milpitas  Blvd,  Suite  284,
Milpitas, CA 95035.  In the letter, I ordered "kinky" videos listed
on the AABBS menu as  K17, K39, K40, and  K47.   These videos were
advertised on the AABBS using the following language:

     K17  A  masked  man  breaks  into  a  house  and  ties  up  a
          young housewife!  He fondles her tits and pussy and
          rips  off  her  panty  hose, panties, and  bra!   He
          handcuffs her and she screams as he rapes her!  Her
          girlfriend arrives home and he holds a gun to her
          head and forces her suck his thick cock!  He rips
          off  her  clothes  and  attaches  electrical  wires  to
          her hairless pussy and plugs the wires into a wall
          socket!  she screams in pain when he plugs in the
          electricity  He pulls out her tampon and stuffs it
          in her girlfriend's mouth!  He puts thumb tacks on
         a table the' whore sit on them!  He ties her up,
          inserts a candle in her pussy, and lights it!  He
         pisses all over her cute face and then rapes her
          while she screams!  He makes her sit on a table and
          then  nails  her  hairless  pussy  to  the  table! The
          girls scream with pain throughout the whole video!
         Excellent Action!

    K39  Shot "LIVE" on video in the USA!  The nastiest
         video  in  the  world!    A  young  slut  gets
         humiliated by a kinky guy!  He slaps her face
         and  makes  her  lick  his  boots!   He  kicks  her
         boobs and slaps the sluts sexy ass!  He squats
         and  shits  on  her  and  sits  on  her  face  and
         makes  her  tongue  his  dirty  shit  covered
         asshole!  she licks his shit covered asshole
         until it is clean!  The slut has shit all over
         her face, tits, and her pussy and legs!  she
         gags and vomits!  Very kinky and nasty!  she
        vomits all over her hands and the floor!  she
         sits  in  the  shit  and  in  vomit!   she  gags,
         coughs, and  vomits  again!   she  lays  on  the
        floor covered with shit and he pisses in her
        mouth  and  on  her  shit  covered  pussy!   He
        writes  on  her  with  red  lipstick!   He  writes
        "whore" on her tits, "toilet" on her ass, and
        he  writes the  word "shit" on her  too!   This
        video is excellent quality and very nasty!

                                8

K40  This  is  a  very  kinky  and  nasty  hard  bondage  and
     torture  video!   A  cute  slut  gets  heavy  weights
     clamped  onto  her  hairless  pussy  lips!    Super
     stretched  cunt  lips!   He  pierces  her  stretched
     pussy lips with needles!  He pierces her pussy with
     a long skewer!  He inserts a needle into the rim of
     her  asshole!   She  gets  over  fifteen needles  into
     her  hairless s cunt  and  asshole!   He whips her  ass
     cheeks good and she screams with pain!  He pulls
     the  needles  out  of  her  hairless  pussy  and  it
     bleeds! Lots of blood runs from her pussy onto her
     asshole!  He whips her sore bloody pussy and then
     he inserts over two dozen needles into her hairless
     pussy!   He clamps  the  long  needles  and  pulls  on
     them!  This slut  is in pain and she is screaming!
     He pulls out the two dozen needles and her hairless
     pussy is n sty and bloody!  He whips her big tits
     with a long stick and they are red and very sore!
     He puts clamps  her  nipples  and pulls on the  big
     clamps!  Then he whips her big boobs!  He hangs big
     heavy weights from her nipple clamps!  This whore
     is  in  extreme  pain!   This  is  one  of  the  best
     bondage and torture videos that I have ever seen!

K47  Shot "LIVE" on  video  in  the  USA!   A  cute
     brunette  with  cute  pigtails  goes  into  the
     bathroom  removes  her  top!    She  has  super
     pointed little boobs and  puffy areolas!  Her
     mother tells her to take off her panties, then
     she  lubricates asshole  and  inserts  a
      thermometer!  She  lays her daughter over her
     knees  and  she  inserts  the  enema  nozzle  into
      her daughter's tight asshole!  Great close-ups
     of  the  enema  nozzle  entering  her  virgin
     asshole!  The enema  fluid  is dripping on her
     cute pink panties!  She tells her daughter to
     lay  on  the  bathroom  floor  so she  can  insert
     more enema fluid into her asshole.  The young
     girl is afraid that the enema nozzle will hurt
     her ass hole so her mother keeps telling her to
     just relax!  Excellent close-up footage of her
     young ass as she lays on the bathroom with her
     cute  pink .panties  at  her  thighs!   Excellent
     close-ups of her asshole as her mother fingers
     it!  She sits on the toilet and you hear her
     moan  and 'groan  as  she  shits!    Lots  of
     excellent close-up footage of her smooth young
     ass  cheeks,    puckered  asshole,  peach  fuzz
     twat, and her  super  pointed  boobs  and  super
     puffy areolas! This  girl  has  an unbelievable
     young body!  Excellent!

                            9


    19.   Additionally, your Affiant asked Thomas, in the abovesaid
letter,  to  select  two  of  his favorite  teen  nudist  videos.  I
requested videos showing "sweet young girls".   The four (4) "K-
series" videos  described  above along  with  the  two  teen nudist
videos made a total of six (6) videos in the second order.  I also
repeated to Thomas, in the letter, that I had "action mag's" that
he might be interested in.
     20.  On or about October 11, 1993, your Affiant retrieved two
boxes from my fictitious address  in Cordova, Tennessee.  Each of
these boxes had Robert Thomas' name and mail drop address as the
return  address.   The  packages  were  delivered  by  United  Parcel
Service (UPS).  One  of  the boxes had a code number "CA 957-700"
affixed to it.   Each of  the two  boxes contained three (3)  video
cassette tapes (VHS format) entitled: K17, K39, K40, K47, PCI #1,
PCI #2.   These  are the  six  (6)  videos  ordered  from  Thomas  on
September 17, 1993.
     21.  Your AfFiant has personally viewed each of the abovesaid
video cassette tapes, in their entirety, and has prepared a written
description  of  the  video  cassette  tapes  entitled "K17", "K39",
"K40" and "K47", detailing the content of each said video, in its
entirety.  A copy of the written description of each said video is
attached  hereto  as  Attachments  D,  E, F, and  G,  and  are  fully
incorporated herein by reference.

                                 10

     22.  On  or  about  October  114, 19993,  your  Affiant  mailed  a
letter and postal money order #s 49937716613 in the amount of $76 00
to Robert Thomas, 142  N. Milpitas Blvd, Suite  284, Milpitas      CA
95035.      I ordered two video cassette tapes described on the AABBS
menu as  follows:
     A35  Shot "Live",on video!  A sexy blonde gets her
       cunt eaten and then fucked by her horny dog!
        A  brunette  slut  jacks  off  a  big  horse  cock!
        Cute      girls' engage  in  hot  sex  with  their
        boyfriends and then they suck and fuck a huge
        dog. This big dog has a cock that is about as
        big  as  a  humans!   Close-up  penetration  and
        blowjob!   This  video  contains  very  hot  orgy
        footage and kinky animal sex!  Excellent!

     PCI #3
        Candid  naked  female  teenagers  and  junior
        teens!  Excellent close-up footage!

     23.  Your affiant told Thomas, in this letter, that I had ".
. . hardcore sex magazines featuring young girls having sex with
adults and other children."  I proposed to let Thomas borrow these
magazines to scan and create GIF files.  In exchange, I asked that
he return the magazines to me along with copies of the GIF files he
created.
     24.  On or about October 26, 1993, your Affiant retrieved a
box from my fictitious address in Cordova, Tennessee.  The box was
sent via United Parcel  service (UPS) by Robert Thomas, according to
its label.  Inside the box I found two video cassette tapes (VHS
format)  entitled:  PCI  #3  and  A5.     For  unknown  reasons,  Thomas
substituted video A5 for the video I had ordered - A35.  The video
cassette  tape (VHS format)  entitled "A5" was  advertised  on    the
AABBs in the following language:

                         11


     A5 - 2  lesbians  play  with  huge  rubber  cocks      and
        another girl:brings in a great dane! These 3
        girls fuck and suck this big dog! super close-
        ups! This great dane cums in their mouths and
        pussies many times! This dog has a thick cock
        that      is  about  the    same  size  as    a  humans!
        Excellent  close-ups  throughout  this  video!
        Great!
     25.  Your Affiant has personally viewed each of the abovesaid
video cassette tapes, in their entirety, and has prepared a written
description of the video cassette tape entitled "A5", detailing the
content  of  said  video', in  its  entirety.   A  copy  of the  written
description of said video is attached hereto as Attachment H and is
fully incorporated herein by reference.
     26.  On or about November 3, 1993, your Affiant left an EM for
Thomas on the AABBS.  I asked Thomas to respond to my offer of
October  14, 1993, regarding  child  pornography.   A  copy  of  this
message was made using the print screen.
     27.  On or about November 9, 1993, Thomas (computer indicated
Your  affiant  was  talking  to  Robert  Thomas)  interrupted  your
affiant's  session  on the  AABBS  by  invoking  chat  mode.   Thomas
indicated he was interested in my magazines.  He asked your affiant
to send them to him via "two-day air" so he could work on them
(scan them) over the weekend.  Your affiant replied that I would
send them to him as soon as possible.  I used the print screen to
record a portion of this conversation.
     28.  On or about November 12, 1993, your Affiant mailed Thomas
a  "lulling"  letter  via  Priority  U.s.  Mail.   This  letter  was
intended to delay the delivery of the child pornography to allow
completion of the investigation of Thomas and his activities.  The

                        12


letter      explained  to  Thomas  that  I      have  been  unable  to  send  the
magazines as promised due to personal problems.  Your Affiant told
Thomas      I  intended to    send  the  magazines  he  requested  as  soon as
possible.
     29.  From on or about AugUst 26, 1993 to on or about November
3, 1993, your Affiant has "logged on" (gained access) to Amateur
Action      BBS  numerous :times.   There  appear  to  be  over  seventeen
thousand  (17,000)  GIF  files      available  for    download  on  AABBS.
According  to  AABBS  categories,  titles,  and  descriptions,    the
subject matter of these GIF files is similar to the above-described
videos      offered  by  AABBS,  that  is,      teen  nudist, preteen  nudist,
bestiality, golden shower, scat, orgies, gangbangs, etc.
     30,  On or about the following dates, your Affiant downloaded,
from Thomas' AABBS computer to Affiant's computer, the following
described  computer-generated  images  referred  to  as  GraPhics
Interchange Format (GIF) tiles,  A copy of each of these GIF files
is attached hereto as Attachments 1, J, K, L, M, N, 0, P, Q, R, S,
T, and U, and they are fully incorporated herein by reference:
     (a)  September  3,  1993  -  (1)  a  computer-generated  image
referred to as a Graphics Interchange Format ("GIF") file, entitled
"AA-L2209.GIF" and more particularly described as "HE FUCKS A PIG!
SHE FUCKS A DOG AND A HUGE PIG! KINKY",  (2) a computer-generated
image, referred to as a Graphics Interchange Format ("'GIF") file<
entitled "AA-12217.GIF" and more particularly described as "KINKY!
HORNY GIRLS SUCK HORSES! BIG HORSE COCK IN HER TWAT!", and (3)  a
computer-generated  image, referred  to  as  a  Graphics  Interchange

                          13


Format      ("GIF")  file,    entitled "AA-8589.GIF" and more particularly
described  as  " SHE  SUCKS  HER  SON'S  COCK!   FATHER  IS  FUCKING  HIS
DAUGHTER! '
     (b)   September  7,  1993      -   (1)  a  computer-generated      image,
referred to as a Graphics Interchange Format ("GIF") file, entitled
"AA-8278. GIF" and more particularly described as " FULL SCREEN VIEW!
A HAIRLESS PUSSY NAILED TO A TABLE!",   (2)  a computer-generated
image, referred to as a Graphics Interchange Format ("GIF")  file,
entitled "AA-7153.GIF" and more particularly described as "MOTHER
IS  WATCHING  HER  DAUGHTER  FUCK  BIG    COCK!  NO  TITS! ",    ( 3 )  a
computer-generated  image,  referred  to  as  a  Graphics  Interchange
Format ("GIF")    file,  entitled "AA-8682.GIF" and more particularly
described as "HE MAKES HIS DAUGHTER SUCK COCK!   SHE IS FISTING HER
SISTER: ",  and  ( 4 )  a  computer-generated  image,  referred  to  as  a
Graphics Interchange Format  ("GIF")  file,  entitled "AA-11935.GIF"
and more particularly described as "HE FUCKS HIS DAUGHTERS HAIRLESS
CUNT! SHE FISTS HER MOTHER! "
     (c)   September B,  1993 - a computer generated image, referred   -
to as a Graphics  Interchange Format ("GIF")  file,  entitled "AA-
15198.GIF" and more particularly described as "BLONDE LOLITA HAS NO
TITS! SUCKS HUGE COCK AND DRINKS SPERM! "
     (d)  September '13,  1993  -    a  computer-generated  image,
referred to as a Graphics Interchange Format ("GIF") file, entitled
"AA-13216.GIF"     and  more   particularly   described   as   "PUSSY
PENETRATION!  HORNY  BRUNETTE GETS FUCKED BY A HORSE! "

                         14


     (e)  October  14,  1993  -   (1)  a  computer-generated  image,
referred to as a Graphics Interchange Format ("GIF") file, entitled
"AA-13517.GIF" and  more  particularly    described  as "HORNY  BLONDE
JACKs  OFF  HORSE!   HORSE  CUM  ON  HER  HAND!",  (2)  a  computer-
generated  image,  referred  to  as  a    Graphics  Interchange  Format
("GIF")  file,    hair.led  "AA-13521.GIF"  and  more  particularly
described as "CLOSE-UP!  BIG HORSE COCK IN HER CUNT!  HORSE CUM ON
HER  LEG", and  (3) a  computer-generated  Image, referred  to  as  a
Graphics Interchange Format ("GIF") file, entitled "AA-16587.GIF"
and more particularly described as a woman performing fellatio on
an animal.
     (f)  October 19, 1993 - a computer-generated image, referred  -''
to  as      a  Graphics  Interchange  Format ("GIF") file, entitled "AA-
17623.GIF" and more particularly described as a man urinating in
the mouth of a woman while she spreads her vagina with her fingers.
    -DI.  On the "Bulletin Menu" of AABBS, there appears an option
entitled "Legal Issues: Know Your Constitutional Rights".  Included
in this  section is  a "Warning  to  law enforcement  officers".   In
this section, Thomas advises law enforcement officers who might be
investigating him that his operation is legal.  Thomas goes on to
suggest that any investigating officer verify the legality of his
operation through the san Jose Police Department.
     32.  On or about October 27, 1993, your Affiant contacted the -
san Jose Police Department Bureau of Investigations.  Investigator
Greg Gunsky provided me with a detailed report of an investigation
of Robert Thomas and AABBS conducted by investigator Mark McIninch

                         15


of  the  San Jose Police  Department.     This  investigation  began  in
March 1991 and culminated in a search of the Thomas residence on
January 20, 1992.
     33.  Investigator Mclninch conducted an investigation similar
to the one conducted b  U.S. Postal Inspectors as described in this
Affidavit.   Mclninch gained  access  to  the  BBS  and  made  several
undercover  purchases from  Thomas.   The  investigation  determined
that  Thomas  operated the  BBS  from  his  home, 475  Tramway    Drive,
Milpitas, California.  When interviewed by Investigator Mclninch,
after being advised of his rights, Thomas admitted operating the
BBS and selling video cassette tapes.  Thomas said he conducted all
his  business  from  his  house  and  maintained  no  outside  shop  or
storage space.    Numerous video cassette tapes were found within
Thomas'  residence  at  the  time  of  the  search.   Thomas's    wife,
Carleen Thomas, after first being advised of her rights, admitted
working with her husband.  The San Jose Police Department seized
the computers and computer equipment used by Thomas to operate his
BBS as well as video cassette recorders and video tapes used to
duplicate  the    videos      he  advertises    on  his  BBS.     According  to
Investigators Gunsky and Mclninch, because no child pornography was
found  pursuant  to  the  search  and  forensic  examination  of  the
computers, no arrests were made and the property was returned to
Thomas.
                         16


      34.  On or about November 16, 1993, your Affiant traveled to
Milpitas, California. I drove by the last known address of Robert
Thomas, which  is  475,Tramway      Drive, Milpitas, California  95035.
The physical appearance of the residence is as described in Exhibit
A.  Your Affiant noticed a handmade"'UPS PICKUP" sign in one of the
front windows of the house. This sign is consistent with the sign
described by Investigator Mclninch in his report of the San Jose
police Department's investigation   of Thomas and the 475 Tramway
address.
     35.  on or about November 17, 1993, your Affiant went to 142
N. Milpitas Blvd  in  Milpitas      California.  (142  N. Milpitas      Blvd
#s284 is the mailing address for AABBS.)    Located at the address
142 N. Milpitas Blvd,Milpitas, CA is a business called Mail Boxes
Etc., USA, which is a commercial mail receiving enterprise.  The
proprietor, Tom Pennybacker, told your Affiant that persons known
to him as Mr. and Mrs. Robert Thomas rent mail box #s284 from him.
Mr. Pennybacker provided me with photocopies of a Postal Service
Form  1583  and  a  Mail  Box  Etc.,  USA  Mail  Box  Service  Agreement
regarding,box #s284.  Both documents are signed by a Mr. Thomas and
indicate 475 Tramway, Milpitas, California as permanent address.
The Mail Box Etc. USA Service Agreement is dated February 18, 1991.
     36.  on or about November 17, 1993, at approximately 10:00 AM
while  your  Affiant  was  interviewing  Mr. Pennybacker  inside  his
business,  Mail  Box Etc.,  USA  located  at  142  N.  Milpitas  in
Milpitas, California a white female, approximately 37 years old,
5 feet I inch in height, weighing approximately 100 lbs with gray

                            17


streaked black hair, entered the establishment.  Mr. Pennybacker
addressed the woman as "Mrs. Thomas".  Mr. Pennybacker subsequently
informed  your    Affiant  that  he  knows  the  woman  as  Mrs.  Robert
Thomas.  Mr. Pennybacker retrieved a large package from the rear of
the store and gave it to Mrs. Thomas.  Your Affiant observed Mrs.
Thomas take the package and load it into a gray Toyota Camry with
a  sunroof  and "dealer  tag" license  plates. The  above-described
Camry had been observed by your Affiant parked in the driveway of
475 Tramway approximately 15 minutes prior to this incident.
     37.  On or about November 17, 1993, your Affiant spoke to Mr.
Ken Johnson of United Parcel Service (UPS).  Mr. Johnson advised me
that his company  UPS, has a daily pickup of parcels from Robert
Thomas at 475 Tramway in Milpitas, California.  Mr. Johnson stated
his records indicate that  a package previously described  in this
Affidavit for Search Warrant as being received by your Affiant on
or  about  October  11,  1993,      bearing  the  code  CA  957-700  (see
paragraph  20  above)  was  picked  up    by  a  UPS  employee  from  475
Tramway, Milpitas, California.          .
     38.  Based upon  the above facts, specifically including (a)
Thomas'  computer  bulletin  board  business  was  located  in  his
residence (475 Tramway, Milpitas, CA) in January, 1992, when the
San  Jose  police  department  executed  their  search;  (b)  there  is
presently a "UPS Pickup" sign in the window of Thomas' residence
(as there was at the;time of the San Jose police search);  (c)
your  Affiant  has  been  told      by  UPS  representatives  that      daily
pickups  of  packages are  presently  being  made  by  UPS  from  the

                         18


abovesaid  Thomas residence; and (d)  the  computer  bulletin  board
business  telephone  numbers  (408-263-3393  and  408-263-1868)  are
numbers assigned to the abovesaid Thomas' residence; your Affiant
believes  that    Robert      Alan  Thomas  is  presently  conducting  his
computer bulletin board business from said residence.
     39.  Based upon my background and experience, my undercover
correspondence with Robert Thomas, and all other conduct described
herein,  I  believe,  with  regard  to    475  Tramway  Drive, Milpitas,
California (said premises being more fully described in Attachment
A to this Affidavit For Search Warrant, which is incorporated by
reference as if fully set forth herein), there is now concealed on
said premises, property designed and intended for use or which is
or has been used as a means of committing a criminal offense or
that constitutes evidence of the commission of a criminal offense,
in violation of Title 18, United States Code, Section 1462, and
Section 1465.
     40.  The  property  and  evidence    believed  to  be  concealed  on
these  premises  are  listed  in  Attachment  B to this  Affidavit  for
Search Warrant, which is incorporated by reference as if fully set
forth herein.
     41.  Your Affiant requests permission to search and seize any
computer  systems  and  magnetic  media  found  at  the  scene.   Your
Affiant  knows    from his  training  and  experience  that  computer
systems commonly consist of central processing units (CPU's), hard
disks, hard disk drives, floppy disk drives, tape drives, display
screens,  keyboards, printers,      modems      (used  to  communicate  with

                         19


 other computers), electronic cables, cassette tapes, floppy disks,
and other forms of magnetic media containing computer information.
      (a)  Your Affiant knows from his training and experience that
such computers and magnetic media are used to store information.
 Your  Affiant    believes  that,  based  upon  the  information  related
above, computers  and  magnetic  media    located  at  the  place  to  be
searched  contain  evidence  pertaining  to  the  federal  criminal
violations set forth above.
     (b)  Your    Affiant  requests  permission  to  seize  computer
systems  and  magnetic  media  found  at  the  scene  without  first
conducting a detailed examination of each and every hard and floppy
disk  to  determine  if  such  systems    and  media  contain  the  items
requested by this affidavit.
     (c)  It is your Affiant's intent not to take the computers if
the computers and other magnetic media can be fully accessed, and
the appropriate copies can be made to tape, in a reasonable time
period       Computer users frequently collect a great deal of software
on disks or other magnetic media.  Searching those media within a
reasonable amount of,time to obtain material designated for seizure
within this Affidavit could be difficult and could risk destruction
of the evidence.  Your Affiant may also need to examine at another

location any computer(s) found at the scene because most hard disks
contain so much data that an on site  inspection is impractical.
The  examination  required  to determine  whether  the      hard  disk
contains the items requested by this Affidavit could take days or
even weeks.  Furthermore, Thomas may y maintain too many tapes and/or

                         20


disks to allow a thorough search of such disks within a reasonable
time.  Thomas may also have encrypted (i.e., encoded with special
software) the  information  on      his  tapes, floppy  or  hard  disk(s).
Decrypting  (decoding)  such  information  would  require  expert
assistance.  Again, your Affiant could not begin to locate such an
expert until after the encryption was discovered.  Since there are
many types of encryption, locating an expert within a short period
of time would be very difficult, if not impossible.
     42.  On September 3, 1993, your Affiant, while  logged on to
AABBS, downloaded the "main menu" of AABBS.  This menu apparently
lists all services/materials available to members of AABBS.  A copy
of the      AABBS "Main  Menu" and "Bulletin  Menu", as  it appeared  on
September  3,  1993, !is  attached  hereto  as  Attachment  V  ,  and
incorporated  by  reference  herein.   Your  Affiant  has  viewed  the
abovesaid "Main Menu" and "Bulletin Menu" of AABBS as recently as
December 14, 1993, and it remains unchanged from that appearing in
Attachment V.
     43.  On December  14, 1993, your affiant, while logged  on to -
AABBS, downloaded the text from the "Legal Issues" section, under
the "Bulletins" menu, of the AABBS' main menu.   Included  in said
text  is a "warning  to  law  enforcement agents!".   A copy  of said
legal Issues"  text is  attached  hereto  as  Attachment  W,  and
incorporated  by  reference  herein.      Your Affiant  is  aware  that,
Prior to becoming a member of AABBS in his undercover capacity,
each time affiant Logged on to the AABBS, the first display on the
computer screen would be the text shown in Attachment W-   Included

                        21


in  said  text    is  a  reference  to  Title  42,  United  States  Code,
Section 2000aa et seq. (Privacy Act of 1980) and Title 18, United
States Code, Section 2700 et seq. (Stored Electronic Communications
Access)  Additionally, the said text alleges - "The San Jose Police
Department as well as  the Santa Clara County District Attorney's
Office and the State of california agree that Amateur Action BBS is
operating in a legal manner.  I encourage you to check with these
officers  before  accusing  us  of  any  illegal  activities.'<   Your
Affiant  believes  this is  in      reference  to  the  search  of      Thomas'
residence at 475 Tramway Dr., Milpitas, california, on January 20,
1992, by california law enforcement agents (see Paragraphs 32 and
33 of this Affidavit above), and the subsequent written agreement
which Robert Alan Thomas and Carleen Thomas entered into with the
Santa clara District  Attorney's Office.  Your Affiant has seen a
copy of the abovesaid written agreement.
     44.  Your Affiant is aware that an individual, who has become
a  member  of  AABBS,  has  the  capability  of  communicating,  via
electronic mail ("E-M il"), with other members.  Also an individual
member      can  designate    any  communication  as  "public"  (may    be
disclosed to any and all other members) or "private" (directed to
a  specified  person)..   Your      Affiant,  through  Attachment  B,  has
specifically limited the requested search and seizure to only those
items  which  directly  pertain  to  the criminal  violations  alleged
within      this  Affidavit  and  for  which  probable  cause  has      been
established.   As  Affiant  has  stated  in  Paragraph      41  above,  in
order to reasonably search for and retrieve those specific items

                          22


listed      in  Attachment    B,  it      may  be  necessary  to  temporarily
interrupt  the    services  available  to  AABBS      members, even  to  the
extent      of removing  the  entire  computer  system and media  storage
devices  from  the Thomas  residence/business address.       It  is  your
Affiant's  intent, however, to  execute any  authorized  sears   and
subsequent seizure of property in such a manner as to minimize any
period of interruption of services to AABBS members.
     45.  It is the intent of your Affiant that any stored E-mail,
as  to      any  individual   not  be  read  by  Affiant  or  any  other  law
enforcement agent.  A II law enforcement agents who participate in
any authorized search or seizure, pursuant to this Affidavit, will
be so instructed.
     46.  Your Affiant is aware that there is a category on the
main  menu  styled  "Newsletter".    However,  at  various  times
throughout  the  period  of  this  investigation,  your  Affiant  has
accessed   the    "Newsletter"  menu   to  determine  what  type   of
information, if any, is stored under this heading.  Your Affiant
has consistently found that no newsletter is available, according
to the response on the screen.
     47.  Your Affiant believes that the federal criminal statutes
referred  to within,this    have  been, and are presently
being violated.  Because of the very nature of many of the items
sought to be searched for and seized as potential evidence in this
matter, specifically' with  regard  to the speed and ease  in  which
they  might  be  destroyed,  conceal e ,  or  altered,  your  Affiant
contends that there is reason to believe that the giving of advance

                        23


notice      to  the  Thomas', by  way  of  subpoena  or  otherwise, would
result in such destruction, alteration, or concealment and thereby
jeopardize the success of any authorized search.
     48,  For the reasons and the circumstances set forth herein,
it  is      your  Affiant'   belief  that  evidence  of  the  violation  of
federal criminal statutes, specifically, Title 18, United States
Code, Sections 1462   nd  1465, is being kept and concealed at 475
Tramway Drive, Milpitas, California.

     4g,  Title  18,  United  States  Code,  Section  1462  reads,  In
pertinent part, as follows:

     Section 1462.  Importation or transportation of obscene matters

        Whoever . . . knowingly uses any express company or
     other  common  carrier,  for  carriage  in  interstate  or
     foreign commerce -

     (a)  any obscene . . . book, pamphlet, picture, motion-
     picture  film,  paper,  letter, writing, print, or  other
    'matter . . .;  or

     (b)  any obscene . . . phonograph recording, electrical
     transcription,  or  other      article  or  thing  capable  of
     producing sound; or          -

        Whoever knowingly takes from such express company or
     other common carrier any matter or thing the carriage of
     which is herein made unlawful -

        Shall be fined not more than $5,000 or imprisoned
     not  more    than  five  years, or  both, for the  first  such
     offense  and  shall  be  fined  not  more  than  $10,000  or
     imprisoned not  more  than  ten years, or both, for  each
     such offense thereafter.

                        24


     50.  Title 18, United States Code, Section 1465 reads, in
pertinent part, as follows:

     Section 1465.  Transportation of obscene matters for sale or
           distribution

        Whoever  knowingly  transports  in  interstate  or
     foreign commerce for the purpose of sale or distribution,
     or knowingly travels  in interstate commerce, or uses a
     facility or means of interstate commerce for the purpose
     of transporting obscene material in interstate or foreign
     commerce,    any  obscene . . .  book, pamphlet, Picture>
     film, paper, letter, writing, print, silhouette, drawing,
     figure,  image, cast,  phonograph    recording,  electrical
     transcription or other article capable of producing sound
     or any other matter . . ., shall be fined not more than
     $5,000 or imprisoned not more than five years, or both.


     51.  Your    Affiant  believes  that  each  of  the    video  cassette
tapes  and  each  of  the  computer-generated  images, referred  to as
Graphics  Interchange  Format (GIF) files, which  are  described  in
this Affidavit    and attached  to this Affidavit as  Attachments  C
through U, are obscene, as that term has been defined by the United
States Supreme Court in the case of Miller v. California, 413 U.S.
15 (1973).   Your  Affiant  believes that  said  material  is obscene
regardless  of    the community  whose  contemporary  standards  are
applied.

     (a)  As noted above, in establishing the probable cause upon
which this search warrant is based, your Affiant has referred to
the Constitutional legal definition of obscenity as defined by the
United States Supreme Court in the case of Miller v. California.
413 U.S. 15 (1973):  In said case, the United States Supreme Court
set forth a tri-partite test for the determination of obscenity:

                         25


       a.   Whether  the  average  person,  applying
       contemporary  community  standards, would  find
        that      the  work, taken  as  a  whole, appeals  to
       the prurient interest.

        b.   Whether the work depicts or describes in
        a  patently  offensive  way,      sexual      conduct,
        which   may     be   specifically   defined   by
        applicable state law and which may include but
        not be limited to:

        1,   Patently  offensive  representations  or
        descriptions  of ultimate sexual acts, normal
        or perverted, actual or simulated.

        2.   Patently  offensive  representations  or
        descriptions   of   masturbation, excretory
        functions and lewd exhibition of the genitals.

        c.   Whether the work taken as a whole  lacks
        serious  artistic,  political,  literary,  or
        Scientific,value.


     52.  In accordance with United States v. Levinson, 991 F.2d
508  (9th  cir.  1993),  prongs  (a)  and  (b)  may  be  considered     by
applying contemporary community standards of the Western District
of Tennessee (the district in which the video cassette tapes and
computer images (GlF's) were received) or the Northern District of
california  (the  district  in  which     the  video  cassette  tapes  and
computer images (GlF's) originated)"' Prong (c) Is to be considered
by applying the reasonable person test, as set forth  in  Pope v.x
Illinois, 481 U.S. , 95 L.ed.2d 439 (1987).

                         26


      53.  In     consideration     of   the   foregoing,  your   Affiant
respectfully requests  that this Court issue a search Warrant for
the subject premises as described in Attachment A and for property
specified  in  Attachment  B,  which  are  both  attached  to  this
Affidavit  For    Search      Warrant  and  incorporated  herein  for  all
purposes.





                   DAVID H. DIRMEYER - Affiant
                  United State  Postal Inspector



    SWORN TO AND SUBSCRIBED BEFORE ME THIS  6TH DAY OF JANUARY




                    WAYNE D. BRAZIL
                    UNITED STATES MAGISTRATE-JUDGE
                    NORTHERN DISTRICT OF CALIFORNIA

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End of Computer Underground Digest #6.33
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