From: klaus@cscns.com (Klaus Dimmler)
Subject: Re: *** LEGAL HELP WANTED ***
Organization: Community_News_Service
X-Newsreader: TIN [version 1.1 PL8]
Date: Fri, 1 Jan 1993 15:25:54 GMT

Jason Cooper (lord@tradent.wimsey.bc.ca) wrote:
: davea@hotcity.COM (Dave Anderson) writes:

: > In article <o87JwB1w165w@tradent.wimsey.bc.ca>, lord@tradent.wimsey.bc.ca
: > (Jason Cooper) writes:
: > >Anybody here know if it is possible to request "common carrier status" 
: > >for a BBS?  For those of you not familiar with this, or perhaps looking 
: > >for an american equivalent, this status is granted to services such as 
: > >radio stations and telephone companies, and absolves them of all 
: > >responsibility for what happens to transpire through their services.  I'm 
: > >wondering if I can apply for this for my bulletin board so that I am not 
: > >held responsible for pirated files that rest on my drive though I don't 
: > >use them.  I don't see why this WOULDN'T be granted, but I'm wondering if 
: > >anybody out there has done this or knows how I might go about doing so.
: > >
: > >                                        Jason Cooper
: > 
: > This is a LOADED question.....  If you have not read or heard of them yet, ma
: > I recomend that you first check out BBS Digest and Boardwatch.  These are the
: > two magazines that cater to us in the BBS world (both users and sysops). 
: > Another sourse is your local sysop group.  And then there is a book "Syslaw".
: > 
: > Having just recived my copy of the book (Syslay), I am drawing only from my
: > limited (1 year active) experience as a sysop.  But, after attending one of t
: > United Sysops Assoc. meetings where we had an agent from the FBI as a guest
: > speaker, I came away with the feeling that generaly if you know of "criminal
: > activity" on your BBS then the "boys in blue" will be after you.  This
: > knowledage would be that of a reasonalbe person.  In other words if you set  
: > a BBS that caters to that of "underground" or sharing of copyrited software o
: > other like activities, then expect a knock at your door with little sympathy.
: > Buth then, if you set up a BBS without any "underground" file or message area
: > and should some kind of undesired activity comes to your attention and you
: > corroperate with the powers that be, you have little to noughting to worrie
: > about.  The book Syslaw goes into excelent detail of this.
: > 
: > I hope this helps a little.
: > 
: > Dave,  This  T E S T  BBS, 408-847-0911

: Who writes Syslaw?  Does it have an ISBN number?  Also, since I'm in 
: Canada, though I wouldn't expect any different, I am not too sure that 
: the system is as discouraging.  Thing is, I don't plan on allowing for 
: underground activities, but if someone uploads 50 zips in a day and ONE 
: is pirated, I'd rather not spend half my life unzipping and checking the 
: things.  Authors only show clearly whether or not their software is 
: shareware half the time, anyways, and occasionally one can end up looking 
: through texts and even reading them right through for some clue.  What 
: I'm looking for, largely, is a way to avoid having to check EVERYTHING.  
: I don't see why a BBS can't be made to transfer stuff between people.  If 
: those people are piraters, and I find out that something they transfer is 
: pirated, I could make reservations for reporting piraters to the police, 
: but would not (I believe) be able to erase it under common carrier 
: status.

:                                         Jason Cooper


Let me give you some advice: Even if pirated files somehow no longer are a
concern, you must still unzip the files and check them for viruses. Having
been a sysop operator for almost 5 years, I will guarrantee you that kids
will uploads file with viruses.. You count on it, especially if users
begin to get the idea that you are not checking them. Also, people will
upload duplicate files under different names, and lots of stuff that just
plain does not work. 

In a nutshell, as a BBS operator there is really no way that you can get
around having to check all the files before they are permitted as
download. You might as well not have a public file area if you are not
willing to do that. What many boards do is get lots of fileop volunteers
who share the responsibility of checking out files.
Newsgroups: alt.bbs