Xref: utzoo misc.legal:26345 comp.org.eff.talk:2443 Path: utzoo!utgpu!news-server.csri.toronto.edu!rpi!think.com!spool.mu.edu!uunet!netxcom!jcomer From: jcomer@netxcom.netx.com (Jeff Comer) Newsgroups: misc.legal,comp.org.eff.talk Subject: Re: sysop liability/responsibility Message-ID: <419@netxcom.netx.com> Date: 24 May 91 18:55:33 GMT Article-I.D.: netxcom.419 References: <1991May20.051224.16358@gn.ecn.purdue.edu> <1991May20.130200.11894@unlinfo.unl.edu> Followup-To: misc.legal Distribution: usa Organization: NetExpress Inc., Vienna, VA, USA Lines: 36 In article brown@cs.utk.edu (Lance A. Brown) writes: >I do not know if this applies, but there was some (IMHO) really slimey >tactics being used in the Knoxville area by some government agent a couple >months ago. > >This guy somehow managed to get a-hold of passwords for some users on the >largest local BBS's. He used these accounts to upload commercial software >and then waited to see what happened. If the sysop removed the software >then nothing happened, but if the sysop appeared to not do anything about >it this agent would come forward and warn the sysop about his behavior and >threaten legal action. > >This happened on at least 4 BBS systems that I know of, and was relayed to >me by the sysop of one of the boards so I KNOW it happened. I find this >kind of behavior reprehensible, and what I would call entrapment. The fact >that this agent had somehow stolen passwords also makes me angry. I would use the term odious. I cannot imagine that any such case would ever be tried; if the agent "managed to get a-hold of passwords" (ie, steal), then that clearly is theft, B&E, and unlawful computer access or whatever the feds call it - they have laws for that. And evidence obtained illegally is not admissable. No DA would ever attempt to put that before a judge. Well, maybe I shouldn't say "ever"..... As I understand it (having just gone through it with the Marion Barry case), entrapment is basically trying to get someone to do something they would not have done otherwise. In the sysop case, there is no evidence to suggest whether or not the sysop would have removed or kept the copyrighted soft- ware had it arrived from another source. Any idea of how the agent managed to steal the passwords? +^^^^|^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^+ | jc | ROCOCO: You haven't seen the last of me! | | | DANGER: No, but the first of you turns my stomach! | ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~