From: aa387@cleveland.Freenet.Edu (Jim Kutz)
Subject: Re: SYSOP BUSTED FOR PORNO IN OHIO!
Reply-To: aa387@cleveland.Freenet.Edu (Jim Kutz)
Organization: Case Western Reserve University, Cleveland, OH (USA)
Date: Sun, 26 Jul 92 20:42:51 GMT


The following article was posted by  law sysop Jeff Gerber on the
law board of Cleveland Free-net.
 
It's  adopted  from  an  article  in  the Cleveland Plaain Dealer
entitled "Police Pull Plug On  Computer in Morals Sting" by Debra
A. Winston, Tuesday July 21, page B.2.
 
 
    Article #204 (204 is last):
    Newsgroups: freenet.courthouse.news2,freenet.courthouse.questions2
    From: xx037@cleveland.Freenet.Edu (Courthouse)
    Subject: Sysop arrested for porn files-->minors
    Posted-By: xx037 (aa381 - Jeffry Gerber)
    Date: Thu Jul 23 00:27:24 1992
 
 
             **SYSOP ARRESTED FOR PORNO FILES TO JUVENILES**
                 Mark Lehrer, sysop of AKRON ANOMALY BBS
 
 
         MUNROE FALLS OH, July 21, 1992.  Munroe Falls Police Chief
    Steve Stahl knows computers are big with kids these days, but he
    never thought he'd see the day when a healthy 15-year-old boy would
    choose a floppy disk over a Playboy centerfold.
 
         But now that Stahl's seen some of the floppy disks popular
    with local youths, he understands the fascination.
 
         "Give me any kid, I know what he's going to download," Stahl
    said.
 
         In May, Munroe Falls Police received a complaint from a
    resident who feared that a local computerized community BBS
    containing sexually explicit material might be accessible to
    children.
 
         Stahl said the resident showed him files called "Alison" and
    "amber," both of which featured naked women.  He told the concerned
    resident, "Oh, well, I can see how that would be upsetting."
 
         For the past two months, police conducted an investigation and
    sting using a local 15-year-old boy.  After the youth was able to
    hook into the BBS, police arrested Mark Lehrer, 22, owner and
    operator of AKRON ANOMALY, a 1000 member BBS.  POLICE ALSO SEIZED
    ALL OF LEHRER'S COMPUTER EQUIPMENT.
 
         Lehrer is accused of distributing graphic sexual material via
    a computer modem from the Munroe Falls home of his parents, David and
    Susan Lehrer.  His father, also a computer professional, is chairman of
    the Village's Charter Review Commission.  Mark has been charged in
    Cuyahoga Falls Municipal Court with one count each of disseminating
    matter harmful to juveniles and possession of criminal tools - in this
    case, his computer and graphic files.
 
         A preliminary hearing is scheduled for July 21, 1992.  The
    case will probably be turned over to a Summit County Grand Jury,
    which means potential indictment for a felony and, if convicted,
    over a year in state prison.
 
         Chief Stahl said this will be the first case in northeast Ohio
    and one of the first in the state, in which an adult is accused of
    distributing graphic sexual materials *to juveniles* via a
    computer.
 
         "There's not a whole lot of case law on this kind of this," he
    said, adding that most material comes from books, magazines or
    movies.
 
         According to Stahl, members of AKRON ANOMALY paid $15 to $30
    a year to call the board, giving access to games like chess,
    basketball, euchre, programming instructions and *.GIF files -
    (G)raphic (I)nterface (F)iles, that feature pictures from James
    Bond to Capt. Kirk to Scooby-Doo.
 
         Some are labeled specifically for adults and are not supposed
    to be accessible to those under 18, while many others are contained
    in a general directory.  However, when police seized Lehrer's
    records, they found that even the "clean" files contained images
    "not entirely wholesome."
 
         "One was Bugs Bunny eating a carrot, one was Bart Simpson
    riding a skateboard, and one was called (a slang term for oral sex)
    and that was in the 'clean' file," Stahl said.
 
         Stahl said many files not listed in the "adult" category
    contained pictures of naked women and of naked women engaging in
    sexual acts.  One file allegedly shows a nude image of Christina
    Applegate, who plays "Kelly" on the TV show "Married with Chil-
    dren."
 
         "Parents are happy their kids are upstairs using their
    computers.  The one parent we talked to was thrilled they weren't
    finding PLAYBOY magazine.  Well, I've got news for you, this is a
    rude awakening," Stahl said.
 
         In addition to the "graphic still images," juveniles were able
    to access adult movies, which are shown on computer monitors.
    "It's like watching cable TV.  It's a very clear picture," Stahl
    said.
 
         Stahl said computer experts with the Ohio Bureau of Criminal
    Identification and Investigation are reviewing the hundreds of
    computer files seized from Lehrer's home.  Stahl said it's possible
    that some of the games and movies are being accessed in violation
    of copyright laws.
 
         "I'm not saying it's obscene because I'm not getting into that
    battle, but it's certainly not appropriate for kids, especially
    without parental permission," Stahl said.
 
    ============================================
    Adapted by Jeff Gerber, lawyer/sysop aa381@cleveland.freenet.edu
    from The Cleveland Plain Dealer, July 21, 1992, story by Deborah A.
    Winston, PD Reporter.
 
    Anyone with further data on this or similar cases is invited to
    post it here.
 
    --
    Jeff Gerber, lawyer/sysop aa381@Cleveland.freenet.edu
 
    PLEASE NOTE:  The information contained on this system is not
    intended to supplant individual professional consultation,
    but is offered as a community education service.  Advice on
    individual problems should be obtained directly from a professional.
 
 -------------------  end  of  enclosed  article  ------------------
                        reposted by Jim Kutz
                     (aa387@clveland.freenet.edu)
-- 
Facts speak for themselves.
Opinions are those of the author.
Newsgroups: alt.bbs.allsysop