Computer underground Digest Sun July 17, 1994 Volume 6 : Issue 65 ISSN 1004-042X Editors:
Computer underground Digest Sun July 17, 1994 Volume 6 : Issue 65
Editors: Jim Thomas and Gordon Meyer (TK0JUT2@NIU.BITNET)
Archivist: Brendan Kehoe
Retiring Shadow Archivist: Stanton McCandlish
Shadow-Archivists: Dan Carosone / Paul Southworth
Ralph Sims / Jyrki Kuoppala
Copper Ionizer: Ephram Shrustleau
CONTENTS, #6.65 (Sun, July 17, 1994)
File 1--New Zealand Telephony-Electronic Communications Legis.
File 2--Improved Web Pages Now Here!
File 3--Re: Sysop Liability for Copyright
File 4--Submission - Death of Gary Kildall - CP-M author dead at 52
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Date: Thu, 14 Jul 1994 23:18:21 PDT
From: CuD Moderators
Subject: File 1--New Zealand Telephony-Electronic Communications Legis.
((MODERATORS NOTE: The header was deleted on the original post that
arrived. Thanks to the sender, whoever it was))
[ Article crossposted from nz.general ]
[ Author was Colin Jackson ]
[ Posted on 20 Jun 1994 03:02:16 GMT ]
This posting contains the text of Trevor Rogers' private
member's Bill: Technology and Crimes Reform.
It is being posted here in response to requests made on
the Net. It may be distributed for comment, in the same way
as a paper copy could legitimately be photocopied for comment.
This document has been scanned, and may contain errors
and/or differences to the original. You should check a
paper copy if in doubt.
This bill is currently before the Commerce select
committee of the house, which has called for submissions
which should be sent to
The Clerk of the Commerce Select Committee,
The closing date is 29th July.
Text of Bill Begins:------------------
TECHNOLOGY AND CRIMES REFORM
1. Short Title
3. Meaning of "objectionable"
4. Act to bind the Crown
IMAGES, SOUNDS, AND LIVE SHOWS
5. Purpose of Part
6. Objectionable images and sounds
7. Live shows with objectionable content
8. Parts of image, sound, or live show
12. Classification Office to examine and classify image, sound, or live
13. Provisions of Films, Videos, and Publications Classification Act
1993 to apply
Consequential Amendments to Crimes Act 1961
14. Prohibition on use of listening devices
15. Purpose of Part
New Zealand Telephone Services
16. Sections to be read with Telecommunications Act 1987
17. New heading and sections substituted
Additional Penalties for Objectionable Telephone Services for Pecuniary
8A. Forfeiture of seized equipment, etc.
811. Disconnection of telephones
Foreign Telecommunication Services
18. Network operator to prohibit telecommunication with foreign
20. Classification Office to reconsider classification
21. Meaning of "foreign telecommunication service"
22. Purpose of Part
23. Part to be read with Broadcasting Act 1989
25. Additional penalty for broadcasting objectionable material
FOREIGN SATELLITE SERVICES
27. Purpose of Part
28. Orders proscribing objectionable foreign satellite services
29. Offence of supporting proscribed foreign satellite services
A BILL INTITULED
An Act to--
(a) Create offences and impose penalties relating to objectionable
images, sounds, and live shows produced for pecuniary gain; and
(b) Provide for the Office of Film and Literature Classification to
examine and classify images, sounds, and live shows produced for pecuniary
(c) Impose additional penalties for offences relating to objectionable
telephone services and broadcasts transmitted for pecuniary gain; and
(d) Prohibit telecommunication with foreign telecommunication services
whose programmes contain objectionable images or objectionable sounds; and
(e) Proscribe objectionable foreign satellite services; and Amend the
Crimes Act 1961, the Telecommunications Act 1987, and the Broadcasting Act
1989, and to provide for other matters incidental thereto
BE IT ENACTED by the Parliament of New Zealand as follows:
1. Short Title--This Act may be cited as the Technology and Crimes Reform Act
2. Interpretation--(1) In this Act, unless the context otherwise requires,--
"Broadcasting" has the meaning given to that term by section 2 of the
Broadcasting Act 1989 (as amended by section 24 of this Act):
"Live show" includes any theatrical, dancing, singing, music or other form of
cultural expression, or entertainment, performance, amusement, game,
spectacle, exhibition, display, or other activity performed for pecuniary
"Network operator' has the meaning given to that term by section 2 (1) of the
Telecommunications Act 1987:
"Programme" has the meaning given to that term by section 2 of the
Broadcasting Act 1989:
"Telecommunication link" has the meaning given to that term by section 2 (1)
of the Telecommunications Act 1987:
"Telephone station" has the meaning given to that term by section 2 (1) of
the Telecommunications Act 1987.
(2) Terms or expressions that are not defined in this Act, but that are
defined in the Films, Videos, and Publications Classification Act 1993, have
the meanings given to them by that Act.
3. Meaning of "objectionable"--For the purposes of this Act, "objectionable"
has the meaning given to that term by section 3 of the Films, Videos, and
Publications Classification Act 1993 as if images, sounds, live shows,
programmes, or foreign satellite services were publications under that Act.
4. Act to bind the Crown--This Act binds the Crown.
IMAGES, SOUNDS, AND LIVE SHOWS
5. Purpose of Part--The purpose of this Part of this Act is to create
offences and impose penalties relating to objectionable images, sounds, and
live shows produced for pecuniary gain and to provide for the Classification
Office to examine and classify any image, sound, or live show produced for
pecuniary gain as if the image, sound, or live show were a publication under
the Films, Videos, and Publications (Classification Act) 1993.
6. Objectionable images and sounds--Subject to section 9 of this Act, every
person commits an offence who broadcasts, transmits, communicates, or
receives, through or by any broadcasting or telecommunications link or any
electronic, light, sound, satellite, or laser transmission whatever, any
objectionable image or objectionable sound for pecuniary gain.
7. Live shows with objectionable content--Subject to section 9 of this Act,
every person commits an offence who organises, promotes, or takes part in
objectionable live shows performed for pecuniary gain.
8. Parts of image, sound, or live show--A person may be convicted of an
offence under section 6 or section 7 of this Act if the image, sound, or live
show is in all the circumstances objectionable, notwithstanding that it is a
part only of an image, sound, or live show that is not objectionable.
Cf. 1963, No. 22, S. 22A; 1972, No. 136, S, 10; 1987, No. 85, S. 53; 1993,
No. 94, s. 132
Technology and Crimes Reform
9. Exceptions--Nothing in section 6 or section 7 of this Act makes it an
offence for any of the following persons to be possession of an objectionable
image or objectionable sound (including any image or sound relating to an
objectionable live show) where such possession is for the purpose of and in
connection with the person's official duties:
(a) The Chief Censor:
(b) The Deputy Chief Censor:
(c) Any classification officer:
(d) Any person holding office pursuant to clause 2 of the First Schedule to
the Films, Videos, and Publications Classification Act 1993:
(e) Any member of the Film and Literature Board of Review:
(f) Any Inspector of Publications:
(g) Any member of the Police:
(h) Any officer of the Customs:
(i) Any Judge of the High Court, or District Court Judge, Coroner, or
(j) In relation to any image or sound delivered to the National Librarian
pursuant to section 64 of the Copyright Act 1962, the National Librarian, any
other employee of the National Library Department, or any person employed in
the Parliamentary Library:
(k) Any other person in the service of the Crown.
Cf. 1993, No. 94, s. 131 (4)
10. Defences--(1) It shall be no defence to a charge under section 6 or
section 7 of this Act that the defendant had no knowledge or no reasonable
cause to believe that the image, sound, or live show to which the charge
relates was objectionable.
(2) It is a defence to a charge under section 6 of this Act, if the defendant
proves that the defendant had possession of the image or sound to which the
charge relates, in good faith,--
(a) For the purpose or with the intention of delivering it into the
possession of a person lawfully entitled to have possession of it; or
(b) For the purposes of any proceedings under this Act or any other enactment
in relation to the image or sound; or
(c) For the purpose of giving legal advice in relation to the image or sound;
(d) For the purposes of giving legal advice, or making representations, in
relation to any proceedings; or
(e) In accordance with, or for the purpose of complying with, any decision or
order made in relation to the publication by the Chief Censor, the
Classification Office, the Film and Literature Board of Review, or any Court,
Judge, or Justice; or
(f) In connection with the delivery of the image or sound to the National
Librarian in accordance with section 64 of the Copyright Act 1962.
(3) Nothing in subsection (2) of this section shall prejudice any defence
that it is open to a person charged with an offence against this section to
raise apart from that subsection.
(4) Where a network operator is the defendant, it is a defence to a charge
under section 6 of this Act that the network operator had no knowledge or no
reasonable cause to believe that the image or sound to which the charge
relates was objectionable.
(5) For the avoidance of doubt, in this section the term "proceedings"
includes proceedings before the Classification Office
Cf. 1993, No. 94, s. 131 (5) (7)
11. Penalties--Any person who commits an offence against
section 6 or section 7 of this Act is liable, on summary conviction,
to a fine not exceeding,--
(a) In the case of an individual, $5,000:
(b) In the case of a body corporate, $15,000:
(c) In the case of an individual, for a second or subsequent
(d) In the case of a body corporate, for a second or
subsequent offence, $30,000.
Cf. 1993, No. 94, s. 131 (2)
12. Classification Office to examine and classify image, sound, or live show-
-(1) Any person may request the Classification Office to examine and classify
any image, sound, or live show produced for pecuniary gain.
(2) As soon as practicable after a request has been received under subsection
(1) of this section, the classification Office shall examine the image,
sound, or live show to determine its classification.
(3) After examining an image or sound, and having taken into account the
matters referred to in section 3 of the Film, Videos, and Publications
Classification Act 1993 as if the image or sound were a publication under
that Act, the Classification Office shall classify the image or sound as--
(a) Unrestricted; or
(4) After examining a live show, and having taken into account 5 the matters
referred to in section 3 of the Films, Videos, and Publications
Classification Act 1993 as if the live show were a publication under that
Act, the Classification Office shall classify the live show as--
(a) Unrestricted; or
(b) Objectionable; or
(c) Objectionable except in any one or more of the following circumstances:
(i) If able to be viewed or heard by persons who have attained a specified
(ii) If restricted' to certain persons or classes of persons:
(iii) If used for one or more specified purposes.
(5) Without limiting the power of the Classification Office to classify an
image or sound as objectionable under subsection (2) or a live show as
restricted under subsection (3) of this section, an image, sound, or live
show that would otherwise be classified as objectionable may be classified as
restricted in order to be made available to particular persons or classes of
persons for educational, professional, scientific, literary, artistic, or
Cf. 1993, No. 94, s. 23
13. Provisions of Films, Videos, and Publications Classification Act 1993 to
apply--For the purposes of this Act, the provisions of section 4, Parts IV,
V, VI, VII, sections 30 136 to 145, and Part IX of, and the First Schedule
to, the Films, Videos, and Publications Classification Act 1993, so far as
they are applicable and with the necessary modifications, shall apply to
images, sounds, or live shows produced for pecuniary gain as if such images,
sounds, or live shows were publications under the Films, Videos, and
Publications Classification Act 1993.
Consequential Amendments to Crimes Act 1961
14. Prohibition on use of listening devices--(1) Section 216B (1) of the
Crimes Act 1961 (as inserted by section 2 of the Crimes Amendment Act 1979)
is hereby amended by omitting the expression "subsections (2) and (3), and
substituting the expression "subsections (2) to (4)".
(2) Section 216B of the Crimes Act 1961 (as so inserted) is hereby further
amended by adding the following subsection:
"(4)Subsection (1) of this section does not apply to the interception by any
member of the Police of any private communication where that member of the
Police is authorised by a commissioned officer of the Police who believes on
reasonable grounds that an offence is being committed under section 6 or
section 7 of the Technology and Crimes Reform Act 1994. "
15. Purpose of Part--The purpose of this Part of this Act is to provide for
additional penalties to be imposed on persons convicted of an offence
involving the use of a telephone to transmit objectionable material for
pecuniary gain, and to require a network operator to prohibit
telecommunication with foreign telecommunication services whose programmes
contain objectionable images or objectionable sounds.
16. Sections to be read with Telecommunications Act 1987--This section and
the next 4 succeeding sections shall be read together with and deemed part of
the Telecommunications Act 1987 (hereafter in those sections referred to as
the principal Act).
'1987, No. 116
Amendments: 1987, No. 200, s. 9 (2); 1988, No. 156, s. 4 (1); 1988, No. 164;
1989, No. 25, s. 86; 1989, No. 107, s. 10 (l); 1989, No. 148, s. 139 (1),
(2); 1990, No. 21; 1991, No. 61 s. 19 (1); 1991, No. 69, s. 361 (1)
17. New heading and sections substituted--The principal Act is hereby amended
by repealing section 8A, (as inserted by section 11 of the Telecommunications
Amendment Act 1988), and substituting the following heading and sections:
"Additional Penalties for objectionable Telephone Services for Pecuniary Gain
"8A. Forfeiture of seized equipment - (1) on the conviction of any person of
an offence under section 6 of the Technology and Crimes Reform Act 1994
involving the use of a telephone station, the Court may, in addition to any
other penalty that may be imposed under that Act in respect of the offence,
order that any equipment, thing, document, or money used in respect of the
commission of the offence be forfeited to the Crown.
''(2) Where any such order is made, the provisions of subsections (4) to (6)
of section 199 of the Summary Proceedings Act 1957, so far as they are
applicable and with any necessary modifications, shall apply.
"(3) Subject to subsection (2) of this section, every equipment, thing, or
document forfeited to the Crown under this section shall be delivered to the
Secretary for Commerce, and may be destroyed or otherwise disposed of in such
manner as the Secretary thinks fit.
"(4) Subject to subsection (2) of this section, all money forfeited to the
Crown under this section shall be paid into the Crown Bank Account.
Cf. 1977, No. 84, S. 123
"8B. Disconnection of telephones--(1) On the conviction of any person of an
offence under section 6 of the Technology and Crimes Reform Act 1994
involving the use of a telephone station, the Court may, in addition to any
penalty imposed under that Act or section 8A of this Act, make an order
directing that any telephone station installed in premises used by that
person be disconnected from those premises for such period, not exceeding 5
years, commencing with the date of the conviction, as may be specified in the
order, and prohibiting that person from obtaining any other telephone station
during the period when the order is in force.
"(2) Notwithstanding subsection (1 ) of this section, if the person convicted
is not the occupier of the premises concerned, no order shall be made under
that subsection unless the occupier has had an opportunity of being heard in
''(3) If the person convicted is the lessee of the telephone connection
concerned, the order, in the discretion of the Court, may apply to all
telephone stations of which he or she is the lessee or to such one or more of
those stations as the Court may specify.
"(4) An order under subsection (1) of this section shall be notified by the
Registrar of the Court to network operators, who shall take such steps as may
be necessary to give effect to the order.
''(5) Any person affected by an order of the Court under this section may
from time to time apply to the Court by which the order was made to remove
the disqualification to which the order relates, or such part of the
disqualification as may be referred to in the application, and on any such
application the Court may, having regard to any hardship that the applicant
or his or her family may suffer if the application is refused, the character
of the applicant, the likelihood of the telephone service being used for the
transmission of unlawful communications under the Technology and Crimes
Reform Act 1994, and any other circumstances of the case, either by order
remove the disqualification in whole or in part from such date as may be
specified in the order, or refuse the application.
Cf. 1977, No. 84, s. 124"
Foreign Telecommunication Services
18. Network operator to prohibit telecommunication with foreign
telecommunication service--(1) Where the Classification Office classifies any
image or sound which forms part of any programme of any foreign
telecommunication service as objectionable under section 12 (3) (b) of this
Act, the Classification Office shall inform network operators and the foreign
telecommunication service of that classification by notice in writing
(2) A network operator shall prohibit telecommunication from within the
network to any foreign telecommunication service identified in a notice
issued by the Classification Office under subsection (1) of this section
within 14 working days of receiving such a notice.
19. Offence--A network operator who does not comply with section 18 (2) of
this Act commits an offence and is liable, on summary conviction, to a fine
of S10,000 a day for each day that it fails to comply with the provisions of
20. Classification Office to reconsider classification-- (1) The
Classification Office shall examine any programme subject to a notice issued
by the Classification Office under section 18 (1) of this Act at the request
of a foreign telecommunication service and classify the programme as
unrestricted or objectionable
(2) Where the Classification Office classifies any programme examined under
subsection (1) of this section, it shall inform network operators and the
person providing that foreign telecommunication service of that
classification by notice in writing
(3) A notice issued by the Classification Office under subsection (2) of this
section shall revoke the notice issued under section 18(1)of this Act.
21. Meaning of "foreign telecommunication service"--In this Part of this Act,
unless the context otherwise requires, "foreign telecommunication service"
means a person providing a service which consists wholly or mainly in the
telecommunication from a place outside New Zealand of programmes which are
capable of being received by a network in New Zealand.
22. Purpose of Part--The purpose of this Part of this Act is to amend the
definition of the term "broadcasting" in section 2 of the Broadcasting Act
1989 to include any transmission made on the demand of a particular person
for reception only by that person, so as to apply broadcasting standards to
0900 telephone services and to cable, satellite, and pay television channels,
and to provide for additional penalties to be imposed on broadcasters
convicted of an offence under section 6 of this Act.
23. Part to be read with Broadcasting Act 1989--This Part of this Act shall
be read together with and deemed part of the Broadcasting Act 1989,
(hereafter in this Part of this Act referred to as the principal Act).
19R9, No. 25
Amendments: 1989, NO. 148, s. 139 (3); 1990, NO. 1, 5. 65 (2) (b); 1990, NO.
13, 5. 2 (3); 1990, NO. 41, s. 46; 1990, NO. 103; 1991, NO. 21; 1991, NO. 60,
s. 3 (4); 1992, No. 105, s. 56 (1); 1992, NO. 142, s. 42; 1993, NO. 69; 1993,
NO. 82, s. 145; 1993, NO. 94, ss. I (3), 150 (1)
24. Interpretation--Section 2 of the principal Act is hereby amended by
repealing the definition of the term "broadcasting", and substituting the
" 'Broadcasting' means any transmission of programmes, whether or not
encrypted, by radio waves or other 25 means of telecommunication for
reception by the public by means of broadcasting receiving apparatus, but
does not include any such transmission of programmes made solely for
performance or display in a public place; and 'broadcast' has a corresponding
30 meaning:' .
25. Additional penalties for broadcasting objectionable material--The
Broadcasting Act 1989 is hereby amended by inserting, after section 13, the
"13A. On the conviction of any broadcaster of an offence under section 6 of
the Technology and Crimes Reform Act 1994, the Authority may, in addition to
any penalty that may be imposed under that Act in respect of the offence,
issue an order to direct the broadcaster to refrain--
"(a) From broadcasting; or
"(b) From broadcasting advertised programmes (including any credit in respect
of a sponsorship or underwriting arrangement entered into in relation to a
for such period, not exceeding 168 consecutive hours, in respect of each
programme to which the conviction relates. and at such 10 time as shall be
specified in the order."
26. Offences--Section 14 of the principal Act is hereby amended by inserting,
as subsection (2), the following subsection:
"(2) Every broadcaster commits an offence and is liable, on conviction on
indictment, to a fine not exceeding $1.000,000 who fails to comply with an
order made under section 1 3A of this Act. "
FOREIGN SATELLITE SERVICES
27. Purpose of Part The purpose of this Part of this Act is to proscribe
objectionable foreign satellite services and to create the offence of
supporting proscribed foreign satellite services.
28. Orders proscribing objectionable foreign satellite services(1) Subject to
this section, the Governor General may from time to time, by Order in
Council, on the recommendation of the Minister of Communications, proscribe a
foreign satellite service for the purposes of section 29 of this Act.
(2) If the Classification Office considers that the quality of any relevant
foreign satellite service containing an image or sound brought to its
attention is objectionable and that the service should be the subject of an
order under this section, it shall notify to the Minister of Communications
details of the service and the reasons why it considers such an order should
(3) Where the Minister of Communications has been notified under subsection
12) of this section, he or she shall not make a recommendation to the
Governor General to make an order under this section unless he or she is
satisfied that the making of the order--
(a) Is in the public interest; and
(b) Is compatible with any international obligations of New Zealand.
(4) An order under this section--
(a) May make such provision for the purpose of identifying a particular
foreign satellite service as the Governor General thinks fit; and
(b) Shall be deemed to be a regulation for the purposes of the Regulations
(Disallowance) Act 1989.
(5) In this Part of this Act. unless the context otherwise requires,--
"Foreign satellite service" means a service which consists wholly or mainly
in the transmission by satellite from a place outside New Zealand of
television or sound programmes which are capable of being received in New
"Relevant foreign satellite service" means,--
(a) In relation to television, a foreign satellite service which consists
wholly or mainly in the transmission of television programmes; and
(b) In relation to radio, a foreign satellite service which consists wholly
or mainly in the transmission of sound programmes.
29. Offence of supporting proscribed foreign satellite eration or day to day
running of a proscribed service:
(b) Supplying, or offering to supply, programme material to be included in
any programme transmitted in the provision of a proscribed service:
(c) Arranging for, or inviting any other person to supply programme material
to be so included:
(d) Advertising, by means of programmes transmitted in the provision of a
proscribed service, goods supplied, or services provided, by that person:
(e) Publishing the times or other details of any programmes which are to be
transmitted in the provision of a proscribed service or (otherwise than by
publishing such details) publishing an advertisement of matter calculated to
promote a proscribed service (whether directly or indirectly:
(f) Supplying or offering to supply any decoding equipment which is designed
or adapted to be used primarily for the purpose of enabling the reception of
programmes transmitted in the provision of a proscribed service.
(4) In any proceedings against a person for an offence under this section, it
is a defence to prove that he or she did not know, and had no reasonable
cause to suspect, that the service in connection with which the act was done
was a proscribed 1 5 service.
(5) A person who is guilty of an offence under this section shall be liable,-
(a) On summary conviction, to imprisonment for a term not exceeding three
months or to a fine not exceeding S100.000, or both:
(b) On conviction on indictment, to imprisonment for a term not exceeding two
years or to a fine not exceeding S250,000, or both.
(6) For the purposes of this section, a person exposing decoding equipment
for supply or having such equipment in his possession for supply shall be
deemed to offer to supply it.
(7) The Consumer Guarantees Act 1993 shall have effect, for the purpose of
construing references in this section, to the supply of any thing as it has
effect for the purpose of construing references in that Act to the supply of
(8) In this section, "programme material" includes--
(a) A film (within the meaning of the Films, Videos, and Publications
Classification Act 1993); and
(b) Any other recording; and
(c) Any advertisement or other advertising material. Cf. Broadcasting Act
1990 (UK), ss. 177, 178
Wellington, New Zealand. Published under the authority of the New Zealand
Government - 1994.
49184F - 94/NS
Simon J. Lyall. | Lots of Jobs | Email - firstname.lastname@example.org
"Inside me Im Screaming, Nobody pays any attention. " | MT.
Date: Tue, 12 Jul 1994 13:04:47 -0700
From: email list server
Subject: File 2--Improved Web Pages Now Here!
NEWS RELEASE 7/12/94
Computer Professionals for Social Responsibility (CPSR)
P.O. Box 717
Palo Alto, CA 94302
FOR IMMEDIATE RELEASE
CPSR ANNOUNCES WEB SERVER WITH 60 NEW PAGES OF INFORMATION
Palo Alto, July 12, 1994. Computer Professionals for Social
Responsibility (CPSR) is pleased to announce the availability of
its redesigned World-Wide Web (WWW) server, now with 60 new
hypertext pages of timely and important information for Internet
users and the general public. The CPSR Home Page can be found at
URL: http://www.cpsr.org/home with hypertext browsers like
Mosaic and Lynx.
WWW grew from the need of physicists at the European Particle
Physics Laboratory (CERN) to communicate with pictures and text to
colleagues around the world in hypertext, non-linear format. Since
its beginning in 1989, WWW has allowed people to link their
electronic documents and images to other documents on computers
around the world. Estimates say there were, as of May 1994, over
4,500 hypertext Web server computers capable of linking documents
on the 10,000 computer networks comprising the world-wide Internet.
CPSR's Web Pages cover issues related to the organization's mission
to provide the public and policymakers with realistic assessments of
the power, promise, and problems of information technology. These
issues include the National Information Infrastructure, Civil
Liberties and Privacy, Computers in the Workplace, Technology
Policy and Human Needs, Gender and Minority Issues, Reliability and
Risks of Computer-Based Systems and Community Networking. There are
also links to many reports and other sources of information. All
links are provided with descriptive narratives, and are not just
lists of files. CPSR will continually update their pages to insure
the accuracy and usefulness of this resource.
CPSR was founded in 1981 by a group of computer scientists
concerned about the use of computers in nuclear weapons systems.
CPSR has since grown into a national public-interest alliance of
information technology professionals and other people. Currently,
CPSR has 22 chapters in the U.S. and affiliations with similar
groups worldwide. The National Office is in Palo Alto, California.
Date: 15 Jul 1994 16:46:37 -0000
From: timk@YCRDI.COM(Tim King)
Subject: File 3--Re: Sysop Liability for Copyright
I found David Batterson's article concerning sysop liability (CuD
6.64) interesting, bringing out some points that help to balance
others made in a previous article (CuD 6.62). However, I'd like to
briefly address a theme, exemplified in the following quotes, that
permeate his article:
"All responsible sysops do NOT allow immediate downloading..."
"If you allow immediately downloads, you are providing tacit
approval for users to upload commercial software programs, which could
then be available for immediate download. Such a policy by
unscrupulous sysops does show they know what is going on; it is a
bogus 'wink-wink' attitude... Most sysops simply do NOT stoop to this
unethical level, as Frena did. He is guilty, and deserves his
"Frena knew EXACTLY what he was doing, and that was a bogus means
to avoid obeying U.S. copyright laws in this country. His intent to
infringe is obvious to anyone who understands the BBS community."
Although it is true that many sysops review material before it is
provided for download, and although some sysops may indeed use
immediate download as an attempt to get around the law, and although
Frena may indeed be one of the latter case, I think it is dangerous to
do what David Batterson has done, namely, to over-generalize these
possibilities and then deductively draw a specific conclusion from the
For example, a sysop may indeed simply not have the time to check all
downloads on a regular basis. This, I know, has been true of some
BBS's and is true of at least one FTP site, the CICA site. This
leaves the administrator with an interesting dilemma. Does she allow
immediate downloading and risk breaking the law? Or does she
alternatively allow downloading of a file only after it has been
checked, which, with her schedule, would render many files obsolete
before they could be made available for download?
Also, it does not follow that "such a policy... show[s] they [the
sysops] know what is going on." This statement assumes guilt and then
sets about proving it by circumstancial evidence. As I pointed out
above, such a policy in practice does not always imply intention. In
fact, one could make a case that, if a sysop did in fact know that
copyrighted material was being distributed on his BBS, he would begin
requiring approval for uploaded material or take some other action.
Thus, one might assert, it follows that such a policy shows that he
does _not_ know what is going on.
Furthermore, the above quotes, which are typical of the statements Mr.
Batterson makes on this question, contain several purely emotive
elements that have no perceivable rational basis. They are
unobjectively filled with a lack of concern for the very real
diversity of intentions in cyberspace and throughout humankind in
general. Loaded words such as "unscrupulous," "unethical,"
"wink-wink," and "bogus," unjustly applied, only exemplify the
author's insensitivity. And the statement that Frena's intent "is
obvious to anyone who understands the BBS community" is, again, an
unsupported claim that bears examination. It is not at all
crystal-clear to me, given the available information, and I consider
myself to be one who understands, at least somewhat, the cyberspace
Date: Fri, 15 Jul 94 00:52:01 MDT
From: rcarter@NYX10.CS.DU.EDU(Ron Carter)
Subject: File 4--Submission - Death of Gary Kildall - CP-M author dead at 52
Derived from a Associated Press article
Gary Kildall, author of the first popular operating system for personal
computers (Control Program-Monitor or CP-M) is dead at age 52. Kildall
received a Ph.D. in computer science from University of Washington. An
autopsy failed to determine the cause of death. A brief history:
1973 - CP-M (Control Program-Monitor) written
1974 - Formed Digital Research with his then-wife Dorothy McEwen
1980 - Approached by IBM to develop DOS for its personal computers*
1985 - Founded Knowledge-Set to develop consumer CD-ROM applications
1991 - Digital Research sold to Novell in $80M stock-swap deal
* IBM also meets with Bill Gates; IBM markets both MS-DOS and CP-M,
pricing MS-DOS at $40 and CP-M at $240
In a 1981 interview, Kildall said, "Basically, I am a gadget-oriented
person. I like to work with gadgets, dials, and knobs."
End of Computer Underground Digest #6.65
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