From: Pierre Uszynski <pierre@shell.portal.com>
Date: Fri, 29 Jul 94 22:25:14 PDT
To: cypherpunks@toad.com
Subject: Re:  AA BBS sysops found guilty
Message-ID: <199407300524.WAA06128@jobe.shell.portal.com>
MIME-Version: 1.0
Content-Type: text/plain


I said:

> I remember that the charges were actually more subtle (though just as
> silly) and numerous. To discuss it further we need to know the detail
> of which charges brought a guilty verdict, and which were thrown out.

Well, talk about subtle: (From the netnews threads)

"The Thomases were convicted on 11 criminal counts, each carrying
maximum sentences of five years in prison and $250,000 in fines.

Thomas was acquitted on a charge of accepting child pornography
mailed to him by an undercover postal inspector."

The thread is currently in comp.org.eff.talk,misc.legal,alt.sex,
alt.bbs,alt.slack

In none of the thread did I see a mention that the difference between
"shipping material" and "Making material available for net access" was
even considered to matter. The judge also seems to have disallowed the
jury from interpreting "community standards" to include what we call
"electronic communities" (not that I would expect a bunch of random
jurors to even consider this distinction).

Interesting quotes from the thread:

:   "If the jury feels the law is unjust, we recognize the undisputed
:   power of the jury to acquit, even if its verdict is contrary to the
:   law as given by a judge, and contrary to the evidence ... and the
:   courts must abide by that decision."
:   - US v Moylan, 4th Circuit Court of Appeals, 1969, 417 F.2d at 1006

and

: In the list of grievances in the July 4, 1776, declaration of
: independence, one was "transporting us beyond seas to be tried for
: pretended offences."

Pierre.
pierre@shell.portal.com