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From: bowles@fortune.UUCP (Mark Bowles)
Newsgroups: net.micro
Subject: Re: BBS Confiscation - (nf)
Message-ID: <3492@fortune.UUCP>
Date: Thu, 31-May-84 16:18:46 EDT
Article-I.D.: fortune.3492
Posted: Thu May 31 16:18:46 1984
Date-Received: Sat, 2-Jun-84 11:40:48 EDT
References: <1066@sri-arpa.UUCP>, <1100001@bradley.UUCP>
Organization: Fortune Systems, Redwood City, CA
Lines: 28

We have seen a great number of glib analogies concerning this issue
attempting to show the unreasonable nature of the confiscation (e.g.:
do drug deals conducted over the phone require confiscation of the
phone system).

Other postings (e.g. lauren's) have suggested that BBS operators have
"some" responsibility to police their postings for content and delete
those which clearly have illegal intent (e.g. Calling Card numbers).
To suggest that the phone company should monitor calls in order to
avoid illegal activities on "the net" would bring cries of "BIG BROTHER"
from everybody.

The basic difference between these two points of view is: responsibility
of the service operator for the content of the messages.  The issue is
similar to another of our favorites: software duplication services.
To what extent does a copier of floppy disks (or stock certificates by
xerox) have to police his clients as to copyright infringements?

Unfortunately, I am afraid the answer is determined by the Golden Rule:
them that has the Gold, makes the Rules.  Would the police have been
able to intervene if the BBS had been, for example, The Source?  Or
would the police bothered to intervene if, for example, the offending
posting had been something like: "for a good time, call [my phone no]"?

In other words, the distinction between hands-off communication service
(e.g. phone company) and self-policing discussion group (BBS) has
primarily to do with how big you are and how vulnerable you are to
someone bigger beating the %$#& out of you.