From: dlv@bwalk.dm.com (Dr. Dimitri Vulis)
Date: Tue, 30 Jan 1996 03:59:49 +0800
To: cypherpunks@toad.com
Subject: Re: "German service cuts Net access" (to Santa Cruz)
In-Reply-To: <199601290252.VAA18010@toxicwaste.media.mit.edu>
Message-ID: <546FiD88w165w@bwalk.dm.com>
MIME-Version: 1.0
Content-Type: text/plain


Derek Atkins <warlord@MIT.EDU> writes:
> > As a point of information, the operators of the "Amateur Action" bulletin
> > board in Fremont, California are now sitting in prison because they
> > e-mailed material fully legal in California but illegal (the court
> > determined) in Memphis, Tennessee.
>
> Actually, it wasn't because of what they emailed, but rather the
> owner/operators of AA BBS snail-mailed a video cassette that contained
> "pornographic" materials.  Unfortunately it sets a bad precedent
> nonetheless.

I didn't follow this case that closely, but I'm quite certain that I read on
the net that the prosecution's witnesses dialed AA BBS _by modem_ from TN
(establishing jurisdiction) and downloaded the materials that were later found
to be offensive to TN's community standards. Snail mail may have been also
involved, but I definitely recall that letting someone in TN download the stuff
via modem was in the indictment.

IMO, this sets a precedent for the German incident.

---

Dr. Dimitri Vulis
Brighton Beach Boardwalk BBS, Forest Hills, N.Y.: +1-718-261-2013, 14.4Kbps