From: tweek@netcom.com (Michael D. Maxfield)
Subject: Re: *** LEGAL HELP WANTED ***
Organization: Netcom Online Communications Services (408-241-9760 login: guest)
Date: Wed, 30 Dec 1992 15:15:54 GMT

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

Probably the best way to deal with the illegal upload problem, is to have
all uploads go into a directory which is not accessable to the users.  It
would however require that you move the files to an accessible directory
once you check them out.  This scheme will also prevent someone from 
uploading a zip'ed file to your system and then using some tricks to
try to unzip it into your system files.  (depending upon the system, it
has been possible to hack or crash systems through uploads.... ) Does
your BBS, when it calls DSZ, pkunzip, arc-e and the like call it with the
path?  It should... if not, someone can upload a command.com shell as
pkunzip.com (or such) and then tell the bbs to unarc a file in that 
directory... not knowing a direct path to the real unzip program, and
having one in the current directory, the bbs runs the trojan one.

As far as obtaining COMMON CARRIER status, others would have to pay 
you for the services of your system, and expect privacy because of it.
If they pay you, then the phone company can consider your system a
commercial venture and charge you bussiness rates.  

It is my belief that you can be fairly safe, by restricting uploads to 
a private directory, and having all users forced to read a disclaimer
at logon.  

Here is the disclaimer/rules for my system.... comments welcome:

 
 
 
 
                         THE ELECTRONIC DOMAIN     
                    Electronic Bulletin Board System
 
                         RULES AND REGULATIONS 
                            with regards to  
 
                       TITLE 18 U.S.C  Chapter 121
               Stored wire and electronic communications 
                    and transactional records access.
 
                  TITLE 13 California Code  Section 502
            Comprehensive computer data access and fraud act.
 
 
The Electronic Domain Electronic Bulletin Board System (TEDEBBS, T.E.D.)
is a private computer communications system and allows limited access to
callers wishing to use it's services.  Users of this board shall NOT expect
their messages (private or public) to be private.  Any and all messages on 
this system may be read by the sysop and others charged with the maintenance
of the system, as well as others who are granted an access level allowing such
access to the system.  System messages may also be possibly read by persons 
who gain access through unauthorized means, either physically or electronically.
 
The Electronic Domain will attempt to honor a users desire to keep private
messages private to all except the intended recipient, the sender, and those
charged with the upkeep of the system.  The system managers may read, view,
run, forward, back up,and delete any electronic messages, files, programs,
text, or other series of BYTES uploaded or sent to this system if such data
is termed offensive, inflamitory, illegal, fraudulent, or disliked (I had to
put in a catch-all) by the system manager.
 
You, the user, by your use of this system, agree to hold harmless from any and
all legal and physical threats, the system managers, the system owners, the
system itself, and those who are using the system legally.  You are allowed
all the rights afforded to you by the federal and state codes listed at the 
beginning of this file, against any person who enters this system illegaly
or fraudulently and causes injury or damage to you, your files, or your way
of life.
 
The Electronic Domain and its system managers will cooperate with agents of
the law as required in U.S.C. TITLE 18, Chapter 121, sections 2702, 2703,
2704, and any other applicable sections.
 
Be forwarned, that section 2702 (b) (6) states: A person or entity may divulge
the contents of a communication--
  to a law enforcement agency, if such contents--
    (A) were inadvertently obtained by the service provider; and
    (B) appear to pertain to the commission of a crime.
 
 
This system does not allow transfer of copyrighted information, data, files,
or programs without the copyright holders permission.  Shareware and public 
domain software is allowed to be uploaded and downloaded to/from this system
to the extent that the copyright allows.  Any programs which require that a
fee be paid by a BBS system for the right to download, will not be allowed
on this system.
 
System managers reserve the right to restrict your access to parts of this 
system, and/or the entire system as a whole.  While using this system, you
are a guest here and must conform to the rules set forth by the system 
managers, written and orally.
 
It is suggested that you download this rules file, as well as the text of
the US Codes and California Codes mentioned above, and keep them for your
reference.  The above mentioned codes are applicable for any use you may
access electronicaly, and are well worth reading to know your rights.
 
By using this system, you are acknowledging that you have read these rules 
and will abide by them.  If you have a problem with any of the rules, hang
up now.
 
Michael D. Maxfield
Sysop: The Electronic Domain
UUCP : tweek@tweekco.uucp  (Tweek-Com Systems)
 
************************************************************************

       tweek@netcom.com  tweek@tweekco.uucp  WWIVNet 5@5058  4@5056 
          I'd rather get my cable service from the phone company,
                than my phone service from the cable company.


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