DECLARATION OF DR. ALFONSO P. CARDENAS I, Dr. Alfonso F. Cardenas, hereby declare: 1. I am

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DECLARATION OF DR. ALFONSO P. CARDENAS I, Dr. Alfonso F. Cardenas, hereby declare: 1. I am providing this declaration to the Court on behalf of the plaintiffs in Religious Technology Center, et al, v. Netcom On-Line Communication services, Inc., et al., No. C95- 20091 RMW, United States District Court for the Northern District of California. I have personal knowledge of the facts set forth below or have formulated the opinions set forth below based on experience, information and research, and if called upon to do so, could and would testify thereto. 2. I received a Bachelor of Science Degree in computer sciences in 1964 from San Diego State University. I also have Master of Science (1966) and Ph.D. degrees (1969) from the University of California, Los Angeles (UCLA) in computer sciences. 3. I am Professor of the computer Science Department of university of California, Los Angeles, where I have taught undergraduate and advanced graduate courses at UCLA in computer subjects since 1969. 4. I am also the Director of and a consultant in computer science and management for Computomata International Corporation. In that capacity, I have consulted such companies as IBM Corporation, The Rand Corporation, Arthur Young and Company, TTI/Citicorp., Farmers Insurance Group, Tandem Computers, NASA Jet Propulsion Laboratory, Goodyear Atomic Corporation, General Dynamics, Hughes Aircraft, Cosa Liebermann, Ltd., Banco Nacional de Mexico, Petroleos Mexicanos, and other major organizations in various industries in several countries, as well as law firms representing a variety of companies. 5. I have also written and co-edited several books on computer subjects in both English and Spanish, as well as dozens of articles. My full credentials are too extensive to list out here, but are attached hereto as Exhibit A. 6. Internet started about 25 years ago among a small group of academic and defense industry pioneers in the United States with the support of the Advanced Research Project Agency of the Department of Defense. The initial group soon grew to include more individual users but with rather similar profile, with the understanding that good citizenship (or etiquette) was to be exercised by each individual as it was fundamental to the health of the Internet. 7. Bad citizenship was discouraged primarily by peer pressure. This was possible as the community was rather small, homogeneous and in general agreement as to what good citizenship was, even though citizenship was fuzzy and its rules were not written out. 8. Among the major understandings were that uses would not involve advertising for personal monetary gain, profane language, personal attacks, undue use of computer storage resources, theft and use of someone else's account and data, broadcast of stolen personal or confidential material, mass mailings for profit activities, and in general any activities considered illegal by U.S. law. 9. As the Internet community grew through the 1970's and accelerated with the support of the National Science Foundation in the 1980's into hundreds of thousands of users reaching international users, Internet access providers (frequently called Internet nodes or sites) were forced to be more attentive to misuse of Internet resources as violations started to occur among the less homogeneous and less elite community. In the late 1980's most Internet access providers initiated written agreements to be signed by new users in an attempt to discourage misuse more strongly and to take corrective action on more clearly delineated rules of Internet use. 10. An access provider has been typically a university or college, a department within a university, a government agency, or a government contractor. Each provider designates a person or committee to authorize and deny a person access to Internet. Traditionally the Internet access provider, its authority and its local users have wanted to maintain reputation and good name by not allowing misuse of Internet resources. This has been the major distributed "policing" force without a central large audit and policing force. This has worked surprisingly well up to the end of the 1980's. 11. In the 1990's the profile of new Internet access providers and Internet users started to change significantly away from the initial Internet profile. There are now for profit providers such as Compuserve, Netcom, and others that are large organizations that provide entry to millions of users as not only individuals but also for-profit organizations which do not necessarily share the same early principles and are now exploiting this information superhighway. 12. Many so-called bulletin board services (BBSes) now obtain entry into the Internet and they in turn provide entry to many new users. Many have continued the traditions of the Internet by adopting rules and regulations to govern their subscriber's actions, while some have not. 13. A new phase of expanded use and users to reflect our society is now in motion, with several dozen million users now reaching many countries. The types of services, types of use, types of allowed behavior and actions by users and providers, and types of individuals and organizations in this world wide network are now issues of concern and are becoming a focus of attention within the Internet community among service providers, users, a organizations attempting to provide some guidance and control over the evolution of Internet services and access. 14. Without responsible action by the network access providers and the bulletin board services the situation will aggravate. Since bulletin board services can be easily set up by individuals who may have little to lose or be able to disguise their identity, network access providers have to be responsible in the same principle that guided the network access providers of the 1970's and early 1980's. 15. At this point there are many violations of the original good citizenship. Many access providers do not abide by the same rules that were generally followed in the early days. Many uses of Internet resources are considered valid by new segments of users that in the past were not considered valid or within the rules of the game. Examples of uses now taking place that were considered off-limits by the large majority of Internet community in the 1980's and before include mass mailings of promotional material for economic gain, bulletin boards containing material offensive to other segments of the Internet community, illegal copying and transfer of copyright and confidential information, unsolicited junk mailings, etc. 16. In general, University network access providers do continue efforts of assuring.good citizenship by their users, students, professors, and staff. So do the government and defense industry access providers and other providers that led the Internet growth since the 1970's. Several million of us users expect this. Unfortunately, the same can not be said of a number of new access providers. Many of the worst offenders are now some irresponsible BBSes, often a person with a small PC operating out of a room or garage. 17. Being involved in the use of Internet since the early 1970's at UCLA where the first Internet node was started, I would expect the newer network access providers such as Compuserve and Netcom to continue this tradition of responsibility that has led to the tremendous and far reaching impact of the Internet, and to do their share to preserve its success and healthy growth. Wide discrepancies among access providers and the many new users, representative of our whole society, as to what the new 1990's version of good citizenship is (and what is legal and illegal) will have to be addressed by policy making bodies (and legal bodies) that go beyond a single access provider. 18. As a Professor of Computer Science at UCLA, I have had the responsibility of recommending, approving and overseeing Internet access for many hundreds of students during the last 15 to 20 years. To preserve the good name of UCLA, our Computer Science Department, our user community and my own, and in the spirit of the Internet citizenship, I have been sensitive to any improper use allegations. In the very few improper use cases (someone using someone else's account, advertising for profit services, providing the account to an unauthorized user) I have taken action with the violator, resulting in the cancellation of the account in a few cases. I would expect other access providers also to show such sensitivity for the common good that has guided the Internet. 19. My UCLA research group has set up a World Wide Web (WWW) page with various textual and pictorial information on our work for the Internet community via this very new www access service. We devote attention to assure that only proper information is placed there by the various group members. 20. In my consulting practice with Computomata International Corp. we have email services for all our consultants, and communicate with hundreds of users internationally on email. In addition, we provide Internet access via an email to Internet gateway service from another provider. CIC devotes attention to assure that its users exercise proper use of CIC's email as well as Internet connectivity and use. 21. I have read the parts of the agreements of Netcom and of the Los Angeles Valley College BBS (LAVC BBS) regarding regulations of use of their services, specifically, the Rules and Regulations of LAVC BBS items 1 through 5 and 12 (Exhibit B to Castleman Declaration), and Netcom's Rules section 2.2 (Exhibit C to Castleman Declaration, indicating that copyright material may not-be uploaded or distributed using Netcom's services). These are among good citizenship expectations of the traditional Internet community that should be monitored and enforced by such access providers recognizing such necessities through the means available to them to do so. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed this 5th day of March, 1995 at Los Angeles California. /s/Dr. Alfonso F. Cardenas


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