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From: brnstnd@kramden.acf.nyu.edu (Dan Bernstein)
Newsgroups: comp.org.eff.news
Subject: Re: Some Questions
Message-ID: <20823@well.sf.ca.us>
Date: 21 Sep 90 05:57:26 GMT
References: <10885@life.ai.mit.edu>
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In article <10885@life.ai.mit.edu> smo@pogo.ai.mit.edu (Shawn O'Connor) writes:
> Isn't it theoretically possible to conduct a citizen's arrest on an agent
> attempting to seize your newsletter for violation of your first amendment 
> rights? or for preemptory seizure of your newsletter? 

On what basis? What crime is the agent committing?

> Is citizens arrest a myth?

It is when you're trying to arrest policemen or the Secret Service.

> If it is, is there any other way to turn the
> situation around at the time of the attempted seizure?

Call your lawyer as quickly as possible. Make sure the agents have a
warrant. Past that, what rights do you reasonably expect to have?

(My Mac is attached to a desk with a steel cable. If the desk were solid
metal... Hmmm, I think I'm onto something here... :-) )

> Also, if I were to set up a BBS, is there any way I could gain common carrier
> access?  How did phone companies get their common carrier access?

It's not ``access.'' The FCC (which implements communication regulations)
decides what qualifies you as a common carrier.

> Is the internet a common carrier? Is Tymnet a common carrier? 

I don't think this has been completely settled in court yet. Certainly
as the regional telephone companies grow in the network business (like
NYSERNet), it'll become easier and easier to defend the Internet as a
common carrier.

---Dan