Path: utzoo!utgpu!jarvis.csri.toronto.edu!rutgers!tut.cis.ohio-state.edu!snorkelwacker!bionet!ames!attctc!kcdev!gentry
From: gentry@kcdev.UUCP (Art Gentry)
Newsgroups: alt.bbs
Subject: Re: Age and granting access
Summary: legalities
Keywords: BBS verification
Message-ID: <1029@kcdev.UUCP>
Date: 17 Jan 90 21:51:07 GMT
References: <9544.1051.forumexp@mts.rpi.edu>
Reply-To: gentry@kcdev. (Art Gentry)
Distribution: usa
Organization: AT&T Kansas City, Mo.
Lines: 43

In article <9544.1051.forumexp@mts.rpi.edu> Greg_d._Moore@mts.rpi.edu (Commander Krugannal) writes:
>
> 
>     Someone I know around here ran into a problem with a minor
>   breaching security on his BBS. (it is a over 21 BBS). The
>   best solution that we came up with (mine actually, so I am
>   biased) that did not really violate privacy, was to require
>   that if a user really want's access, to have them simply submit
>   a piece of paper with name, signature and age, and a notary
>   public stamp. Getting a notary public's stamp is not difficult.
>   (heck, we have, err, had two in my office alone.)
>      I don't know if he did this, but anyone have comments?
>      Any notary public's out there? Could you stamp a piece of
>   paper this way?
> 
I've stayed out of this, mainly because it looked like the main argument was
just wether is was justified asking age on a BBS.  But since you have 
suggested something, while maybe not 100% practical, is at least feasable.
My wife is a notary, and she says she see no reason why she wouldn't endorse
a paper like this.  Remember, all a notary is doing is "witnessing" your
signature on something.  That something can be anything from a 1000 page
contract to a napkin with some notes on it.  It carries no legal weight
other than to say, that so-and-so notary did witness that you signed
whatever it is.

Now, since I'm here, I'll add my two cents to the thread.  I run an adults
only BBS.  When I started it, I was very concerned about someone trying to
shut me down for allowing minors access to material on it.  The advice from
my attorney was, treat it the same as subscriptions to adult magazines, ie:
require that they state they are over the legal age.  It has already been
proven in court that a service can not be held accountable for a subscriber
lying to it.  In my case, I do ask for a birthdate.  If a user responds
with "over 18", then fine, he has still stated, on an official application
form that he/she is of legal age to view my materials.  Unless the laws
of the land change, I will not be changing my views or methods on this.  I
look absolutly terrible in prison greys :-{


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| R. Arthur Gentry     AT&T Communications     Kansas City, MO     64106 |
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