Path: utzoo!utgpu!jarvis.csri.toronto.edu!rutgers!apple!ames!pacbell!ditka!bucket!leonard
From: leonard@bucket.UUCP (Leonard Erickson)
Newsgroups: comp.misc
Subject: Re: What Are A Sysop's Responsibilities? (Was: Computer Virus Hearings)
Message-ID: <1438@bucket.UUCP>
Date: 3 Jun 89 22:45:00 GMT
References: <154@oldcolo.UUCP> <4246@ficc.uu.net> <513@atlas.tegra.UUCP> <11853@well.UUCP> <50300@tut.cis.ohio-state.edu>
Reply-To: leonard@bucket.UUCP (Leonard Erickson)
Distribution: usa
Organization: Rick's Home Grown Unix; Portland, OR
Lines: 47

In article <50300@tut.cis.ohio-state.edu> Mowgli Assor <mowgli@cis.ohio-state.edu> writes:
<I would like to ask the Net about being the sysop of a BBS.
<
<I'd suppose that there are FCC documents around (or some government-type docs)
<that specify what a BBS sysop can & can not go to jail for. Given of course
<that there are different ethics, there are probably also legal documents some-
<where about this subject. Where can I find these?

As a matter of fact, there are no such document, because "bbs" has no legal
definition. All the laws that *may* apply refer to computer systems.

<I suppose an example might clear things up a little. A sysop here in Columbus
<reads ALL private mail on the BBS, because she claims that someone was arrested
<because call girls were using his BBS *IN PRIVATE MAIL!* to make appointments.
<I have *NO* idea whether this case actually exists, or whether she made it up
<to support her point, so I'd like to find any precedents that exist for this &
<any other cases which pertain to private mail on BBSs.

Under *any* reasonable reading of ECPA, she can't do this unless she clearly
states that "private" mail *is* being read by the sysop. 
<
<I have vehemently disagreed with her, viewing (so labelled) 'private' mail the
<same as the mail coming via the U.S. Postal Service (albeit slightly faster,
<usually 9-). Am I right, is she wrong, & where can I find documentation to
<support my stance (or hers, for that matter)?
<
Get a copy of:
	SYSLAW
	The Sysop's Legal Manual
Published by
	LLM Press
	150 Broadway
	Suite 607
	New York, NY 10038
	(212) 766-3785

Note that ECPA is about the only Federal law, and you'll have to find out
which state laws may affect you. The book covers things adequately and
warns you about things you may not have thought of. (such as the fact that
*you* may get sued if a user posts a libelous message on your bbs!)


-- 
Leonard Erickson		...!tektronix!reed!percival!bucket!leonard
CIS: [70465,203]
"I'm all in favor of keeping dangerous weapons out of the hands of fools.
Let's start with typewriters." -- Solomon Short