From: jbotz@mtholyoke.edu (Jurgen Botz)
Subject: Re: Contraband data on the Net (again)
Organization: Mount Holyoke College
Date: Thu, 12 Nov 1992 02:20:16 GMT

In article <1992Nov10.192754.847@netcom.com> nagle@netcom.com (John Nagle) writes:
>jbotz@mtholyoke.edu (Jurgen Botz) writes:
>>And that being the case, under
>>current precedent, certain federal law enforcement agencies can come
>>to every single Net site and seize every piece of electronic
>>equipment there. [...]
>
>       This is a gross exaggeration.  For a while back in 1990, there
>were indeed problems like this.  But after much legal and political
>effort, they have been mostly resolved.  [...]

If this is so, then how is it that the USSS recently raided a "2600"
convention, confiscating equipment?  (Reported in a newsbyte (clarinet)
article today... it is as yet not proven that the USSS was behind the
incident, but there can be little doubt given the circumstances, and
the CPSR has made the necessary FOI-Act requests, so we should know
soon.)  Here's the reference...

	From: newsbytes@clarinet.com
	Subject: ****Conflicting Stories in 2600 Raid 11/11/92
	Message-ID: <NB921111.17@clarinet.com>
	Date: 11 Nov 92 20:52:29 GMT
	
	[...]  In the actual incident, a group attending the informal
	meeting was disbanded and, according to attendees, had
	property confiscated.  They also contend that security guards
	took film from someone photographing the confiscation as well
	as a list that someone was making of the guard's names.  [...]
	(Barbara E. McMullen & John F. McMullen/19921111)

Yes, groups such as the EFF and CPSR have scored several major victories
in this area, but the battle isn't over yet.

>The two prosecutors most active in such activities (Cook and
>Thackary) lost their jobs.

Thackeray lost her job because the administration in Phoenix changed...
it probably had nothing to do with the Crackdown.  Cook just left,
probably out of frustration, but I'm not aware of any evidence that
he was under preassure to leave.

>The Secret Service agents involved are being sued in Federal court.
>(Steve Jackson Games vs various persons).

Sure, but has Steve Jackson got his machines back yet?

>Read "The Hacker Crackdown" and get up to date.

I did! ;-)

>We may see seizures incident to felony arrests, but I don't think
>that at least Federal law enforcement will do any more BBS seizures
>unless they have a good chance of a felony conviction.

While I would be overjoyed if you're right, I wouldn't count on it.
Right now the climate may seem to be in favor of "electronic civil
liberties", but that could change again very fast following an outbreak
of large-scale negative publicity.  (And while publicity about
Unversity machines being used to distribute child pornography might
not be enough, it certainly would help to chip away at any public
support we might otherwise get.)

My point wasn't to imply that we live in a fascist society in which
the lawenforcement agencies can do what they want... that would be
paranoid fantasy.  Rather, I'm saying that laws are still very vague
and combined with the general public ignorance of the issues that
means that we're still at risk.  If we rest on the meager victories
that electronic civil libertarians have scored so far we may yet
find ourselves staring in dumbfounded disbelief at some federal
agents carrying our livelihood out the door.

--
Jurgen Botz                  |   Internet: JBotz@mtholyoke.edu
Academic Systems Consultant  |     Bitnet: JBotz@mhc.bitnet
Mount Holyoke College        |      Voice: (US) 413-538-2375 (daytime)
South Hadley, MA, USA        | Snail Mail: J. Botz, 01075-0629

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