Computer underground Digest Thur Apr 14, 1994 Volume 6 : Issue 33 ISSN 1004-042X Editors:

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Computer underground Digest Thur Apr 14, 1994 Volume 6 : Issue 33 ISSN 1004-042X Editors: Jim Thomas and Gordon Meyer (TK0JUT2@NIU.BITNET) Archivist: Brendan Kehoe Archivist Le Grande: Stanton McCandlish Shadow-Archivists: Dan Carosone / Paul Southworth Ralph Sims / Jyrki Kuoppala Ian Dickinson Suspercollater: Shrdlu Nooseman CONTENTS, #6.33 (Apr 14, 1994) File 1--Search Warrant Affidavit in Amateur Action BBS Case Cu-Digest is a weekly electronic journal/newsletter. Subscriptions are available at no cost electronically. CuD is available as a Usenet newsgroup: comp.society.cu-digest Or, to subscribe, send a one-line message: SUB CUDIGEST your name Send it to LISTSERV@UIUCVMD.BITNET or LISTSERV@VMD.CSO.UIUC.EDU The editors may be contacted by voice (815-753-0303), fax (815-753-6302) or U.S. mail at: Jim Thomas, Department of Sociology, NIU, DeKalb, IL 60115, USA. 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EUROPE: from the ComNet in LUXEMBOURG BBS (++352) 466893; In ITALY: Bits against the Empire BBS: +39-461-980493 FTP: UNITED STATES: etext.archive.umich.edu (141.211.164.18) in /pub/CuD/ aql.gatech.edu (128.61.10.53) in /pub/eff/cud/ EUROPE: nic.funet.fi in pub/doc/cud/ (Finland) nic.funet.fi ftp.warwick.ac.uk in pub/cud/ (United Kingdom) COMPUTER UNDERGROUND DIGEST is an open forum dedicated to sharing information among computerists and to the presentation and debate of diverse views. CuD material may be reprinted for non-profit as long as the source is cited. Authors hold a presumptive copyright, and they should be contacted for reprint permission. It is assumed that non-personal mail to the moderators may be reprinted unless otherwise specified. Readers are encouraged to submit reasoned articles relating to computer culture and communication. Articles are preferred to short responses. Please avoid quoting previous posts unless absolutely necessary. DISCLAIMER: The views represented herein do not necessarily represent the views of the moderators. Digest contributors assume all responsibility for ensuring that articles submitted do not violate copyright protections. ---------------------------------------------------------------------- Date: Wed, 23 Feb 94 03:03:52 PST From: hkhenson Subject: File 1--Search Warrant Affidavit in Amateur Action BBS Case ((MODERATORS' NOTE: Robert Thomas, sysop of Amateur Action BBS was arrested in January following a U.S. Postal Service "sting," and was alleged to be running a BBS that carried child pornography. A previous bust of AABBS by local law enforcement in Milpitas, Calif, resulted in no charges being filed and the return of the equipment. There was no indication at that time that any of the files were illegal. The current case resulted from a postal inspector's questionable investigation and application for a warrant. Although the BBS is located in California, Thomas was indicted in Memphis, Tenn., because material downloaded in Tennessee was deemed to violate laws of that state, rather than California. The case raises interesting questions. In addition to the questionable investigative procedures, the one most relevant to CuD readers is this: If a text, gif, or other file is legal in one state, what are the implications of such a file is accessed by someone from another state where the file(s) may not be legal? Given the permeable borders of cyberspace, can prosecutors apply local laws to other states and thereby invoke federal law enforcement power? If so, this could mean that the most restrictive laws in one jurisdiction are the de facto threshold of legal tolerance universally. The status of the case and the nature of the issues currently remain a bit murky, and personnel in the Memphis US District Attorney's office have not returned CuD's contact (we attempted to contact US Atty General Veronica Coleman at (901) 544-4231). Below is the affidavit for the search warrant served on AA BBS. We will provide an update in the next week or two)). ================================================= IN THE MATTER OF THE APPLICATION FOR AND AFFIDAVIT IN SUPPORT OF A WARRANT FOR THE SEARCH OF A PREMISES KNOWN AS 475 TRAMWAY DRIVE, MILPITAS, CALIFORNIA 95035 AFFIDAVIT IN SUPPORT OF SEARCH WARRANT I, DAVID H. DIRMEYER, Affiant herein, being first duly sworn, do hereby state as follows: 1, Affiant is currently employed as a United States Postal Inspector at Memphis, Tennessee, and has been a resident of Memphis, Tennessee for his entire life. My specific assignment is as a Prohibited Mailing Specialist, a position which I have held since December, 1991. 1 am also a child pornography/obscenity specialist with duties to identify and investigate the activities of persons suspected of trafficking in child pornographic materials and obscenity through use of the United States mails. I have attended training sessions addressing, generally, the matters of pedophilia, child sexual abuse, and the use of the mails in the transmission of child pornographic materials and obscenity. 2. Affiant's. general law enforcement background includes approximately four years as a Postal Inspector. Most of this time has been spent in the investigation of federal criminal violations. I have participated in hundreds of criminal investigations including child pornography and obscenity cases and have testified in various types of judicial proceedings. 1 3. The following information is based upon my personal knowledge and observations and my conversations with, and reports from, other law enforcement officers. 4. On or about July 26, 1993, U.S. Postal Inspectors in > Memphis received a complaint from a citizen residing in the Western District of Tennessee . This citizen described himself as an avid computer "hacker". He said he had encountered a computer bulletin board system (BBS) offering photos and videos of nude children. This citizen said the name of the bulletin board was Amateur Action bulletin Board System (AABBS) and the telephone number was 408-263- 3396. Your Affiant is aware that area code "408" is a California area code. 5. On or about July 10, 1993, Postal Inspectors in Memphis contacted the abovesaid BBS by computer The operator of the BBS, known as a "sysop" (SYStem OPerator), was offering to sell photographic images of young girls via computer systems. Your Affiant is aware that photographs and other images can be used to create data that can be stored and used by computer systems. This can be accomplished by using a device known as a "scanner". The data from an individual image can be stored by a computer as an individual "file". A file of such an image is generally known as a "GIF" (Graphics Interchange Format). Computers are capable of displaying this data as a facsimile of the original image on a computer screen. Using a commonly available device known as a "modem", one can transmit and receive computerized data, interstate, over telephone lines between computers. Such 2 transmissions are known as "uploads" by the computer sending the data, and "downloads" by the computer receiving it. GIF's are suitable for such transmission. 6. on or about August 20, 1993, Postal Inspectors in - Memphis, using a computer equipped with a modem, contacted the telephone number provided by the aforesaid Tennessee citizen and inquired about the procedure for subscribing to the AABBS. As this information appeared on the computer screen, Postal Inspectors used the "print screen" command, causing a printer to Produce a Paper copy duplicating the information that was on the screen. The message indicated that by subscribing to the AABBS, one could download GIF's and obtain lists of videos, magazines, and "novelty" items available for sale by the Sysop. Using the fictitious name and address - Lance White, 1770 North Germantown Pkwy., Suite 166, Cordova, Tennessee 38018, - your Affiant mailed a completed application form to the address indicated, 142 N. Milpitas Blvd, Suite 284, Milpitas, CA 95035. A six-month subscription cost $55.00 with a 1.2 megabyte download limit and a time limit of 90 minutes per day. Your Affiant included postal money order - #4910086213 for $55.00 with the AABBS membership registration form. 7. To become a member of AABBS, certain requirements must be met, one of which is to furnish a legitimate street address. Post Office (PO) box addresses are excluded. Your Affiant is aware that United States Postal Service regulations do not allow individual Post Offices to accept packages for delivery to PO boxes from common carriers such as Federal Express or United Parcel Service. 3 It has been your Affiant's experience that individuals who traffic in obscenity or child pornography often have such requirements to avoid use of the United States mail to transport their merchandise. 8. on or about August 26, 1993, an individual identifying himself as Robert Thomas left a message on an undercover telephone line answering machine operated by Postal Inspectors in Memphis. Thomas' message indicated that he had received the abovesaid registration fee and would allow access to his BBS. Many bulletin board systems have a feature commonly known as "chat" mode. This feature allows the Sysop, or other person at the BBS, to type a one-to-one conversation with a person at the calling computer. On or about August 26, 1993, your Affiant was in contact with AABBS when the sysop (Thomas) changed the system to chat mode. Thomas thanked me for joining and welcomed me to the AABBS. 9. Another feature of AABBS is a "Bulletin Menu" that lists various services/materials available. This menu notes that "Visa Mastercard" is accepted for GIF and Video access. This menu lists various categories of videos, magazines, and "GIF packs" available. GIF packs are sets of diskettes containing numerous GIF files pertaining to a particular subject. Entries appearing on AABBS's bulletin menu, each time your Affiant has logged on and as recent as December 14, 1993, include: "Amateur Action Kinky Videos! Kinky, Nasty, Bizarre and Taboo!" "Amateur Action Nudist Videos! Teenage and Family Nudism:" 4 10. On or about August 26, 1993, your Affiant used the print screen command to obtain a list of nudist videos and GIF packs available from AABBS. This list included 29 nudist videos. These videos are described as containing "Tender young teens caught candid at nudist colony" and "topless teenagers of all ages". The nudist videos sell in packs of three for $99-00, or $35-00 each if purchased separately. the GIF packs described on the list consisted of five to six megabytes of GIF files featuring nude teen and "junior teen" children. The selection included 27 GIF packs priced at $24.00 each. 11. On or about August 27, 1993, your Affiant used the print screen command to obtain a partial listing of the over 17,000 GIF files available for download from AABBS. I noticed that many of the file descriptions listed included terms such as "Firm body, budding young breasts:::" (AA-135), "Closeup of this cute young teen:' AA-138), "She has a young tender body and no tits at all!" (AA-363). 12. On or about August 27, 1993, your Affiant mailed a letter and postal money order #4910086921 in the amount of $41.00, to - Robert Thomas, 142 N. Milpitas Blvd #284, Milpitas, CA 95035. 1 asked Thomas, in the letter, to select one video from the group of videos referenced on the AABBS menu as "K71" thru "K74". This group of videos was advertised on the BBS as "Mother and daughter with dog! Girls shitting and pissing!" I also told Thomas, in the letter, that I had some material that he might be interested in. I did not specify the subject matter of my material at that time. 5 13. on or about August 31, 1993, your Affiant received an electronic message (EM) from Robert Thomas on the BBS. Thomas expressed an interest in the material I had alluded to when I placed the first order on August 27, 1993. As I was responding to Thomas's EM, he interrupted by going to chat mode. In the computer conversation that followed, I again did not reveal the subject matter of the material which I supposedly possessed. However, I expressed an interest in the teen nudist material available on the BBS. Thomas showed me how to execute an automated search of the GIF files for material of a particular nature. Thomas used the key words "teen" and "nudist" to identify GIFS that contain images of nude children. I documented this interaction with Thomas, using the print screen command. 14. on or about September 3, 1993, your Affiant left an EM for Thomas thanking him for demonstrating the search technique. I told him I am enjoying the material that I have downloaded. I went on to say that the material mentioned in earlier correspondence consisted of "action mags". The term "mags" is commonly used to refer to pornographic;magazines. This message was recorded using print screen. 15. on or about September 7, 1993, your Affiant received an EM from Thomas. Thomas was asking for details about the magazines I possessed. I recorded this message using print screen. I did not respond to this inquiry at that time. 6 16. On or about September 14, 1993, your Affiant downloaded a file from AABBS called "ALLVID.ZIP". This file contains detailed descriptions of videos for sale by AABBS (Robert Thomas). Included on the list are forty-two (42) videos featuring "bestiality" (humans having sex with animals), thirty-three (33) videos featuring "golden showers/scat" (people urinating/defecating on each other), eighty-one (81) "kinky" videos, and others. The kinky videos are described as containing "orgies" (groups of three or more people simultaneously engaged in sexual activity), "gang bangs" (one female having sex with multiple males), bestiality, golden shower/scat, bondage, objects (dildos, vegetables, bottles, and other objects inserted into the vagina), rape, torture and other sexually deviant activity. 17. On or about September 17, 1993, your Affiant retrieved a box, from my fictitious address in Cordova, Tennessee, that contained a video cassette tape (VHS format) labeled "K74". The package had been delivered by United Parcel Service (UPS) and the package label indicated Robert Thomas as the sender. This material was ordered on August 27, 1993. Your Affiant has personally viewed the abovesaid video cassette tape entitled "K74" in its entirety and has prepared a written description detailing the content of said video, in its entirety. A copy of this written description is attached hereto as Attachment C and fully incorporated herein by reference. 7 18. On or about September 17, 1993, your Affiant mailed a letter and postal money order # 4910087985, in the amount of $204.00, to Robert Thomas, 142 N. Milpitas Blvd, Suite 284, Milpitas, CA 95035. In the letter, I ordered "kinky" videos listed on the AABBS menu as K17, K39, K40, and K47. These videos were advertised on the AABBS using the following language: K17 A masked man breaks into a house and ties up a young housewife! He fondles her tits and pussy and rips off her panty hose, panties, and bra! He handcuffs her and she screams as he rapes her! Her girlfriend arrives home and he holds a gun to her head and forces her suck his thick cock! He rips off her clothes and attaches electrical wires to her hairless pussy and plugs the wires into a wall socket! she screams in pain when he plugs in the electricity He pulls out her tampon and stuffs it in her girlfriend's mouth! He puts thumb tacks on a table the' whore sit on them! He ties her up, inserts a candle in her pussy, and lights it! He pisses all over her cute face and then rapes her while she screams! He makes her sit on a table and then nails her hairless pussy to the table! The girls scream with pain throughout the whole video! Excellent Action! K39 Shot "LIVE" on video in the USA! The nastiest video in the world! A young slut gets humiliated by a kinky guy! He slaps her face and makes her lick his boots! He kicks her boobs and slaps the sluts sexy ass! He squats and shits on her and sits on her face and makes her tongue his dirty shit covered asshole! she licks his shit covered asshole until it is clean! The slut has shit all over her face, tits, and her pussy and legs! she gags and vomits! Very kinky and nasty! she vomits all over her hands and the floor! she sits in the shit and in vomit! she gags, coughs, and vomits again! she lays on the floor covered with shit and he pisses in her mouth and on her shit covered pussy! He writes on her with red lipstick! He writes "whore" on her tits, "toilet" on her ass, and he writes the word "shit" on her too! This video is excellent quality and very nasty! 8 K40 This is a very kinky and nasty hard bondage and torture video! A cute slut gets heavy weights clamped onto her hairless pussy lips! Super stretched cunt lips! He pierces her stretched pussy lips with needles! He pierces her pussy with a long skewer! He inserts a needle into the rim of her asshole! She gets over fifteen needles into her hairless s cunt and asshole! He whips her ass cheeks good and she screams with pain! He pulls the needles out of her hairless pussy and it bleeds! Lots of blood runs from her pussy onto her asshole! He whips her sore bloody pussy and then he inserts over two dozen needles into her hairless pussy! He clamps the long needles and pulls on them! This slut is in pain and she is screaming! He pulls out the two dozen needles and her hairless pussy is n sty and bloody! He whips her big tits with a long stick and they are red and very sore! He puts clamps her nipples and pulls on the big clamps! Then he whips her big boobs! He hangs big heavy weights from her nipple clamps! This whore is in extreme pain! This is one of the best bondage and torture videos that I have ever seen! K47 Shot "LIVE" on video in the USA! A cute brunette with cute pigtails goes into the bathroom removes her top! She has super pointed little boobs and puffy areolas! Her mother tells her to take off her panties, then she lubricates asshole and inserts a thermometer! She lays her daughter over her knees and she inserts the enema nozzle into her daughter's tight asshole! Great close-ups of the enema nozzle entering her virgin asshole! The enema fluid is dripping on her cute pink panties! She tells her daughter to lay on the bathroom floor so she can insert more enema fluid into her asshole. The young girl is afraid that the enema nozzle will hurt her ass hole so her mother keeps telling her to just relax! Excellent close-up footage of her young ass as she lays on the bathroom with her cute pink .panties at her thighs! Excellent close-ups of her asshole as her mother fingers it! She sits on the toilet and you hear her moan and 'groan as she shits! Lots of excellent close-up footage of her smooth young ass cheeks, puckered asshole, peach fuzz twat, and her super pointed boobs and super puffy areolas! This girl has an unbelievable young body! Excellent! 9 19. Additionally, your Affiant asked Thomas, in the abovesaid letter, to select two of his favorite teen nudist videos. I requested videos showing "sweet young girls". The four (4) "K- series" videos described above along with the two teen nudist videos made a total of six (6) videos in the second order. I also repeated to Thomas, in the letter, that I had "action mag's" that he might be interested in. 20. On or about October 11, 1993, your Affiant retrieved two boxes from my fictitious address in Cordova, Tennessee. Each of these boxes had Robert Thomas' name and mail drop address as the return address. The packages were delivered by United Parcel Service (UPS). One of the boxes had a code number "CA 957-700" affixed to it. Each of the two boxes contained three (3) video cassette tapes (VHS format) entitled: K17, K39, K40, K47, PCI #1, PCI #2. These are the six (6) videos ordered from Thomas on September 17, 1993. 21. Your AfFiant has personally viewed each of the abovesaid video cassette tapes, in their entirety, and has prepared a written description of the video cassette tapes entitled "K17", "K39", "K40" and "K47", detailing the content of each said video, in its entirety. A copy of the written description of each said video is attached hereto as Attachments D, E, F, and G, and are fully incorporated herein by reference. 10 22. On or about October 114, 19993, your Affiant mailed a letter and postal money order #s 49937716613 in the amount of $76 00 to Robert Thomas, 142 N. Milpitas Blvd, Suite 284, Milpitas CA 95035. I ordered two video cassette tapes described on the AABBS menu as follows: A35 Shot "Live",on video! A sexy blonde gets her cunt eaten and then fucked by her horny dog! A brunette slut jacks off a big horse cock! Cute girls' engage in hot sex with their boyfriends and then they suck and fuck a huge dog. This big dog has a cock that is about as big as a humans! Close-up penetration and blowjob! This video contains very hot orgy footage and kinky animal sex! Excellent! PCI #3 Candid naked female teenagers and junior teens! Excellent close-up footage! 23. Your affiant told Thomas, in this letter, that I had ". . . hardcore sex magazines featuring young girls having sex with adults and other children." I proposed to let Thomas borrow these magazines to scan and create GIF files. In exchange, I asked that he return the magazines to me along with copies of the GIF files he created. 24. On or about October 26, 1993, your Affiant retrieved a box from my fictitious address in Cordova, Tennessee. The box was sent via United Parcel service (UPS) by Robert Thomas, according to its label. Inside the box I found two video cassette tapes (VHS format) entitled: PCI #3 and A5. For unknown reasons, Thomas substituted video A5 for the video I had ordered - A35. The video cassette tape (VHS format) entitled "A5" was advertised on the AABBs in the following language: 11 A5 - 2 lesbians play with huge rubber cocks and another girl:brings in a great dane! These 3 girls fuck and suck this big dog! super close- ups! This great dane cums in their mouths and pussies many times! This dog has a thick cock that is about the same size as a humans! Excellent close-ups throughout this video! Great! 25. Your Affiant has personally viewed each of the abovesaid video cassette tapes, in their entirety, and has prepared a written description of the video cassette tape entitled "A5", detailing the content of said video', in its entirety. A copy of the written description of said video is attached hereto as Attachment H and is fully incorporated herein by reference. 26. On or about November 3, 1993, your Affiant left an EM for Thomas on the AABBS. I asked Thomas to respond to my offer of October 14, 1993, regarding child pornography. A copy of this message was made using the print screen. 27. On or about November 9, 1993, Thomas (computer indicated Your affiant was talking to Robert Thomas) interrupted your affiant's session on the AABBS by invoking chat mode. Thomas indicated he was interested in my magazines. He asked your affiant to send them to him via "two-day air" so he could work on them (scan them) over the weekend. Your affiant replied that I would send them to him as soon as possible. I used the print screen to record a portion of this conversation. 28. On or about November 12, 1993, your Affiant mailed Thomas a "lulling" letter via Priority U.s. Mail. This letter was intended to delay the delivery of the child pornography to allow completion of the investigation of Thomas and his activities. The 12 letter explained to Thomas that I have been unable to send the magazines as promised due to personal problems. Your Affiant told Thomas I intended to send the magazines he requested as soon as possible. 29. From on or about AugUst 26, 1993 to on or about November 3, 1993, your Affiant has "logged on" (gained access) to Amateur Action BBS numerous :times. There appear to be over seventeen thousand (17,000) GIF files available for download on AABBS. According to AABBS categories, titles, and descriptions, the subject matter of these GIF files is similar to the above-described videos offered by AABBS, that is, teen nudist, preteen nudist, bestiality, golden shower, scat, orgies, gangbangs, etc. 30, On or about the following dates, your Affiant downloaded, from Thomas' AABBS computer to Affiant's computer, the following described computer-generated images referred to as GraPhics Interchange Format (GIF) tiles, A copy of each of these GIF files is attached hereto as Attachments 1, J, K, L, M, N, 0, P, Q, R, S, T, and U, and they are fully incorporated herein by reference: (a) September 3, 1993 - (1) a computer-generated image referred to as a Graphics Interchange Format ("GIF") file, entitled "AA-L2209.GIF" and more particularly described as "HE FUCKS A PIG! SHE FUCKS A DOG AND A HUGE PIG! KINKY", (2) a computer-generated image, referred to as a Graphics Interchange Format ("'GIF") file< entitled "AA-12217.GIF" and more particularly described as "KINKY! HORNY GIRLS SUCK HORSES! BIG HORSE COCK IN HER TWAT!", and (3) a computer-generated image, referred to as a Graphics Interchange 13 Format ("GIF") file, entitled "AA-8589.GIF" and more particularly described as " SHE SUCKS HER SON'S COCK! FATHER IS FUCKING HIS DAUGHTER! ' (b) September 7, 1993 - (1) a computer-generated image, referred to as a Graphics Interchange Format ("GIF") file, entitled "AA-8278. GIF" and more particularly described as " FULL SCREEN VIEW! A HAIRLESS PUSSY NAILED TO A TABLE!", (2) a computer-generated image, referred to as a Graphics Interchange Format ("GIF") file, entitled "AA-7153.GIF" and more particularly described as "MOTHER IS WATCHING HER DAUGHTER FUCK BIG COCK! NO TITS! ", ( 3 ) a computer-generated image, referred to as a Graphics Interchange Format ("GIF") file, entitled "AA-8682.GIF" and more particularly described as "HE MAKES HIS DAUGHTER SUCK COCK! SHE IS FISTING HER SISTER: ", and ( 4 ) a computer-generated image, referred to as a Graphics Interchange Format ("GIF") file, entitled "AA-11935.GIF" and more particularly described as "HE FUCKS HIS DAUGHTERS HAIRLESS CUNT! SHE FISTS HER MOTHER! " (c) September B, 1993 - a computer generated image, referred - to as a Graphics Interchange Format ("GIF") file, entitled "AA- 15198.GIF" and more particularly described as "BLONDE LOLITA HAS NO TITS! SUCKS HUGE COCK AND DRINKS SPERM! " (d) September '13, 1993 - a computer-generated image, referred to as a Graphics Interchange Format ("GIF") file, entitled "AA-13216.GIF" and more particularly described as "PUSSY PENETRATION! HORNY BRUNETTE GETS FUCKED BY A HORSE! " 14 (e) October 14, 1993 - (1) a computer-generated image, referred to as a Graphics Interchange Format ("GIF") file, entitled "AA-13517.GIF" and more particularly described as "HORNY BLONDE JACKs OFF HORSE! HORSE CUM ON HER HAND!", (2) a computer- generated image, referred to as a Graphics Interchange Format ("GIF") file, hair.led "AA-13521.GIF" and more particularly described as "CLOSE-UP! BIG HORSE COCK IN HER CUNT! HORSE CUM ON HER LEG", and (3) a computer-generated Image, referred to as a Graphics Interchange Format ("GIF") file, entitled "AA-16587.GIF" and more particularly described as a woman performing fellatio on an animal. (f) October 19, 1993 - a computer-generated image, referred -'' to as a Graphics Interchange Format ("GIF") file, entitled "AA- 17623.GIF" and more particularly described as a man urinating in the mouth of a woman while she spreads her vagina with her fingers. -DI. On the "Bulletin Menu" of AABBS, there appears an option entitled "Legal Issues: Know Your Constitutional Rights". Included in this section is a "Warning to law enforcement officers". In this section, Thomas advises law enforcement officers who might be investigating him that his operation is legal. Thomas goes on to suggest that any investigating officer verify the legality of his operation through the san Jose Police Department. 32. On or about October 27, 1993, your Affiant contacted the - san Jose Police Department Bureau of Investigations. Investigator Greg Gunsky provided me with a detailed report of an investigation of Robert Thomas and AABBS conducted by investigator Mark McIninch 15 of the San Jose Police Department. This investigation began in March 1991 and culminated in a search of the Thomas residence on January 20, 1992. 33. Investigator Mclninch conducted an investigation similar to the one conducted b U.S. Postal Inspectors as described in this Affidavit. Mclninch gained access to the BBS and made several undercover purchases from Thomas. The investigation determined that Thomas operated the BBS from his home, 475 Tramway Drive, Milpitas, California. When interviewed by Investigator Mclninch, after being advised of his rights, Thomas admitted operating the BBS and selling video cassette tapes. Thomas said he conducted all his business from his house and maintained no outside shop or storage space. Numerous video cassette tapes were found within Thomas' residence at the time of the search. Thomas's wife, Carleen Thomas, after first being advised of her rights, admitted working with her husband. The San Jose Police Department seized the computers and computer equipment used by Thomas to operate his BBS as well as video cassette recorders and video tapes used to duplicate the videos he advertises on his BBS. According to Investigators Gunsky and Mclninch, because no child pornography was found pursuant to the search and forensic examination of the computers, no arrests were made and the property was returned to Thomas. 16 34. On or about November 16, 1993, your Affiant traveled to Milpitas, California. I drove by the last known address of Robert Thomas, which is 475,Tramway Drive, Milpitas, California 95035. The physical appearance of the residence is as described in Exhibit A. Your Affiant noticed a handmade"'UPS PICKUP" sign in one of the front windows of the house. This sign is consistent with the sign described by Investigator Mclninch in his report of the San Jose police Department's investigation of Thomas and the 475 Tramway address. 35. on or about November 17, 1993, your Affiant went to 142 N. Milpitas Blvd in Milpitas California. (142 N. Milpitas Blvd #s284 is the mailing address for AABBS.) Located at the address 142 N. Milpitas Blvd,Milpitas, CA is a business called Mail Boxes Etc., USA, which is a commercial mail receiving enterprise. The proprietor, Tom Pennybacker, told your Affiant that persons known to him as Mr. and Mrs. Robert Thomas rent mail box #s284 from him. Mr. Pennybacker provided me with photocopies of a Postal Service Form 1583 and a Mail Box Etc., USA Mail Box Service Agreement regarding,box #s284. Both documents are signed by a Mr. Thomas and indicate 475 Tramway, Milpitas, California as permanent address. The Mail Box Etc. USA Service Agreement is dated February 18, 1991. 36. on or about November 17, 1993, at approximately 10:00 AM while your Affiant was interviewing Mr. Pennybacker inside his business, Mail Box Etc., USA located at 142 N. Milpitas in Milpitas, California a white female, approximately 37 years old, 5 feet I inch in height, weighing approximately 100 lbs with gray 17 streaked black hair, entered the establishment. Mr. Pennybacker addressed the woman as "Mrs. Thomas". Mr. Pennybacker subsequently informed your Affiant that he knows the woman as Mrs. Robert Thomas. Mr. Pennybacker retrieved a large package from the rear of the store and gave it to Mrs. Thomas. Your Affiant observed Mrs. Thomas take the package and load it into a gray Toyota Camry with a sunroof and "dealer tag" license plates. The above-described Camry had been observed by your Affiant parked in the driveway of 475 Tramway approximately 15 minutes prior to this incident. 37. On or about November 17, 1993, your Affiant spoke to Mr. Ken Johnson of United Parcel Service (UPS). Mr. Johnson advised me that his company UPS, has a daily pickup of parcels from Robert Thomas at 475 Tramway in Milpitas, California. Mr. Johnson stated his records indicate that a package previously described in this Affidavit for Search Warrant as being received by your Affiant on or about October 11, 1993, bearing the code CA 957-700 (see paragraph 20 above) was picked up by a UPS employee from 475 Tramway, Milpitas, California. . 38. Based upon the above facts, specifically including (a) Thomas' computer bulletin board business was located in his residence (475 Tramway, Milpitas, CA) in January, 1992, when the San Jose police department executed their search; (b) there is presently a "UPS Pickup" sign in the window of Thomas' residence (as there was at the;time of the San Jose police search); (c) your Affiant has been told by UPS representatives that daily pickups of packages are presently being made by UPS from the 18 abovesaid Thomas residence; and (d) the computer bulletin board business telephone numbers (408-263-3393 and 408-263-1868) are numbers assigned to the abovesaid Thomas' residence; your Affiant believes that Robert Alan Thomas is presently conducting his computer bulletin board business from said residence. 39. Based upon my background and experience, my undercover correspondence with Robert Thomas, and all other conduct described herein, I believe, with regard to 475 Tramway Drive, Milpitas, California (said premises being more fully described in Attachment A to this Affidavit For Search Warrant, which is incorporated by reference as if fully set forth herein), there is now concealed on said premises, property designed and intended for use or which is or has been used as a means of committing a criminal offense or that constitutes evidence of the commission of a criminal offense, in violation of Title 18, United States Code, Section 1462, and Section 1465. 40. The property and evidence believed to be concealed on these premises are listed in Attachment B to this Affidavit for Search Warrant, which is incorporated by reference as if fully set forth herein. 41. Your Affiant requests permission to search and seize any computer systems and magnetic media found at the scene. Your Affiant knows from his training and experience that computer systems commonly consist of central processing units (CPU's), hard disks, hard disk drives, floppy disk drives, tape drives, display screens, keyboards, printers, modems (used to communicate with 19 other computers), electronic cables, cassette tapes, floppy disks, and other forms of magnetic media containing computer information. (a) Your Affiant knows from his training and experience that such computers and magnetic media are used to store information. Your Affiant believes that, based upon the information related above, computers and magnetic media located at the place to be searched contain evidence pertaining to the federal criminal violations set forth above. (b) Your Affiant requests permission to seize computer systems and magnetic media found at the scene without first conducting a detailed examination of each and every hard and floppy disk to determine if such systems and media contain the items requested by this affidavit. (c) It is your Affiant's intent not to take the computers if the computers and other magnetic media can be fully accessed, and the appropriate copies can be made to tape, in a reasonable time period Computer users frequently collect a great deal of software on disks or other magnetic media. Searching those media within a reasonable amount of,time to obtain material designated for seizure within this Affidavit could be difficult and could risk destruction of the evidence. Your Affiant may also need to examine at another location any computer(s) found at the scene because most hard disks contain so much data that an on site inspection is impractical. The examination required to determine whether the hard disk contains the items requested by this Affidavit could take days or even weeks. Furthermore, Thomas may y maintain too many tapes and/or 20 disks to allow a thorough search of such disks within a reasonable time. Thomas may also have encrypted (i.e., encoded with special software) the information on his tapes, floppy or hard disk(s). Decrypting (decoding) such information would require expert assistance. Again, your Affiant could not begin to locate such an expert until after the encryption was discovered. Since there are many types of encryption, locating an expert within a short period of time would be very difficult, if not impossible. 42. On September 3, 1993, your Affiant, while logged on to AABBS, downloaded the "main menu" of AABBS. This menu apparently lists all services/materials available to members of AABBS. A copy of the AABBS "Main Menu" and "Bulletin Menu", as it appeared on September 3, 1993, !is attached hereto as Attachment V , and incorporated by reference herein. Your Affiant has viewed the abovesaid "Main Menu" and "Bulletin Menu" of AABBS as recently as December 14, 1993, and it remains unchanged from that appearing in Attachment V. 43. On December 14, 1993, your affiant, while logged on to - AABBS, downloaded the text from the "Legal Issues" section, under the "Bulletins" menu, of the AABBS' main menu. Included in said text is a "warning to law enforcement agents!". A copy of said legal Issues" text is attached hereto as Attachment W, and incorporated by reference herein. Your Affiant is aware that, Prior to becoming a member of AABBS in his undercover capacity, each time affiant Logged on to the AABBS, the first display on the computer screen would be the text shown in Attachment W- Included 21 in said text is a reference to Title 42, United States Code, Section 2000aa et seq. (Privacy Act of 1980) and Title 18, United States Code, Section 2700 et seq. (Stored Electronic Communications Access) Additionally, the said text alleges - "The San Jose Police Department as well as the Santa Clara County District Attorney's Office and the State of california agree that Amateur Action BBS is operating in a legal manner. I encourage you to check with these officers before accusing us of any illegal activities.'< Your Affiant believes this is in reference to the search of Thomas' residence at 475 Tramway Dr., Milpitas, california, on January 20, 1992, by california law enforcement agents (see Paragraphs 32 and 33 of this Affidavit above), and the subsequent written agreement which Robert Alan Thomas and Carleen Thomas entered into with the Santa clara District Attorney's Office. Your Affiant has seen a copy of the abovesaid written agreement. 44. Your Affiant is aware that an individual, who has become a member of AABBS, has the capability of communicating, via electronic mail ("E-M il"), with other members. Also an individual member can designate any communication as "public" (may be disclosed to any and all other members) or "private" (directed to a specified person).. Your Affiant, through Attachment B, has specifically limited the requested search and seizure to only those items which directly pertain to the criminal violations alleged within this Affidavit and for which probable cause has been established. As Affiant has stated in Paragraph 41 above, in order to reasonably search for and retrieve those specific items 22 listed in Attachment B, it may be necessary to temporarily interrupt the services available to AABBS members, even to the extent of removing the entire computer system and media storage devices from the Thomas residence/business address. It is your Affiant's intent, however, to execute any authorized sears and subsequent seizure of property in such a manner as to minimize any period of interruption of services to AABBS members. 45. It is the intent of your Affiant that any stored E-mail, as to any individual not be read by Affiant or any other law enforcement agent. A II law enforcement agents who participate in any authorized search or seizure, pursuant to this Affidavit, will be so instructed. 46. Your Affiant is aware that there is a category on the main menu styled "Newsletter". However, at various times throughout the period of this investigation, your Affiant has accessed the "Newsletter" menu to determine what type of information, if any, is stored under this heading. Your Affiant has consistently found that no newsletter is available, according to the response on the screen. 47. Your Affiant believes that the federal criminal statutes referred to within,this have been, and are presently being violated. Because of the very nature of many of the items sought to be searched for and seized as potential evidence in this matter, specifically' with regard to the speed and ease in which they might be destroyed, conceal e , or altered, your Affiant contends that there is reason to believe that the giving of advance 23 notice to the Thomas', by way of subpoena or otherwise, would result in such destruction, alteration, or concealment and thereby jeopardize the success of any authorized search. 48, For the reasons and the circumstances set forth herein, it is your Affiant' belief that evidence of the violation of federal criminal statutes, specifically, Title 18, United States Code, Sections 1462 nd 1465, is being kept and concealed at 475 Tramway Drive, Milpitas, California. 4g, Title 18, United States Code, Section 1462 reads, In pertinent part, as follows: Section 1462. Importation or transportation of obscene matters Whoever . . . knowingly uses any express company or other common carrier, for carriage in interstate or foreign commerce - (a) any obscene . . . book, pamphlet, picture, motion- picture film, paper, letter, writing, print, or other 'matter . . .; or (b) any obscene . . . phonograph recording, electrical transcription, or other article or thing capable of producing sound; or - Whoever knowingly takes from such express company or other common carrier any matter or thing the carriage of which is herein made unlawful - Shall be fined not more than $5,000 or imprisoned not more than five years, or both, for the first such offense and shall be fined not more than $10,000 or imprisoned not more than ten years, or both, for each such offense thereafter. 24 50. Title 18, United States Code, Section 1465 reads, in pertinent part, as follows: Section 1465. Transportation of obscene matters for sale or distribution Whoever knowingly transports in interstate or foreign commerce for the purpose of sale or distribution, or knowingly travels in interstate commerce, or uses a facility or means of interstate commerce for the purpose of transporting obscene material in interstate or foreign commerce, any obscene . . . book, pamphlet, Picture> film, paper, letter, writing, print, silhouette, drawing, figure, image, cast, phonograph recording, electrical transcription or other article capable of producing sound or any other matter . . ., shall be fined not more than $5,000 or imprisoned not more than five years, or both. 51. Your Affiant believes that each of the video cassette tapes and each of the computer-generated images, referred to as Graphics Interchange Format (GIF) files, which are described in this Affidavit and attached to this Affidavit as Attachments C through U, are obscene, as that term has been defined by the United States Supreme Court in the case of Miller v. California, 413 U.S. 15 (1973). Your Affiant believes that said material is obscene regardless of the community whose contemporary standards are applied. (a) As noted above, in establishing the probable cause upon which this search warrant is based, your Affiant has referred to the Constitutional legal definition of obscenity as defined by the United States Supreme Court in the case of Miller v. California. 413 U.S. 15 (1973): In said case, the United States Supreme Court set forth a tri-partite test for the determination of obscenity: 25 a. Whether the average person, applying contemporary community standards, would find that the work, taken as a whole, appeals to the prurient interest. b. Whether the work depicts or describes in a patently offensive way, sexual conduct, which may be specifically defined by applicable state law and which may include but not be limited to: 1, Patently offensive representations or descriptions of ultimate sexual acts, normal or perverted, actual or simulated. 2. Patently offensive representations or descriptions of masturbation, excretory functions and lewd exhibition of the genitals. c. Whether the work taken as a whole lacks serious artistic, political, literary, or Scientific,value. 52. In accordance with United States v. Levinson, 991 F.2d 508 (9th cir. 1993), prongs (a) and (b) may be considered by applying contemporary community standards of the Western District of Tennessee (the district in which the video cassette tapes and computer images (GlF's) were received) or the Northern District of california (the district in which the video cassette tapes and computer images (GlF's) originated)"' Prong (c) Is to be considered by applying the reasonable person test, as set forth in Pope v.x Illinois, 481 U.S. , 95 L.ed.2d 439 (1987). 26 53. In consideration of the foregoing, your Affiant respectfully requests that this Court issue a search Warrant for the subject premises as described in Attachment A and for property specified in Attachment B, which are both attached to this Affidavit For Search Warrant and incorporated herein for all purposes. DAVID H. DIRMEYER - Affiant United State Postal Inspector SWORN TO AND SUBSCRIBED BEFORE ME THIS 6TH DAY OF JANUARY WAYNE D. BRAZIL UNITED STATES MAGISTRATE-JUDGE NORTHERN DISTRICT OF CALIFORNIA ------------------------------ End of Computer Underground Digest #6.33 ************************************

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