<http://www.wcnc.com/sharedcontent/nationworld/nationprint/041704ccdrnatporn.13580c5ed.html> WCNC.com | News for Charlotte, N.C. | Nation/World Saturday April 17, 2004 8:09 p.m. Seized Web servers raise freedom concerns By DAVID B. CARUSO / Associated Press PHILADELPHIA - For $9.95 a month, a small company offered access to a search tool that would scour electronic bulletin boards for millions of "uncensored" movies and photographs and serve up "an all-you-can-eat taste of 'the Internet gone wild!"' Voicenet Communications executives said they didn't know users also were using their system to access child pornography until January, when authorities seized the computer servers that ran their "QuikVue" search program, a lawyer for the company said. Despite a burgeoning amount of online child pornography, prosecutors have been cautious in their handling of Internet companies that don't manufacture or distribute illegal content themselves, but do make it easier for customers to see material posted by others. The seizure of Voicenet's servers in suburban Ivyland was the first time a Pennsylvania law enforcement agency has stopped an Internet firm from facilitating access to child porn, lawyers said. No criminal charges have been filed but investigators said in court filings that they want to examine lists of QuikVue subscribers. It also was a rarity nationwide. Some free speech advocates have accused prosecutors of ignoring a federal law that generally protects Internet service providers from criminal liability when their systems are used to disseminate child pornography without their knowledge. Voicenet claimed in a federal lawsuit filed last month that QuikVue merely allowed customers to easily access files posted in discussion groups on Usenet, an enormous system of electronic bulletin boards. The company's attorney, Mark Sheppard, said the company had no control over what people posted to the groups, and was no more criminally liable for their actions than other hosts of Usenet material. "This case has very important implications, from a First Amendment standpoint and from a privacy standpoint," Sheppard said. "If Internet service providers are going to have to worry about getting their servers seized, then you have to wonder whether they can continue to offer access to Usenet." The firm asked a federal judge last week to order the government to return its equipment. Lawyers for Pennsylvania Attorney General Gerald Pappert and two county district attorneys involved in the investigation argued that the court should not intervene in an active criminal probe. The judge did not indicate when she would rule. The case has few precedents. Investigators in New York pressed criminal charges against a pair of Internet service providers in 1998 for allegedly failing to block access to Usenet groups that contained child pornography. One firm, Buffalo-based BuffNet, pleaded guilty to a misdemeanor charge of criminal facilitation in 2001 and paid a $5,000 fine. "The case helped establish that when an Internet service provider becomes aware of child pornography being on its system, it has an obligation to do something about it," said Paul Larrabee, a spokesman for New York Attorney General Eliot Spitzer. A federal judge imposed a tougher penalty on a Texas couple convicted in 2000 of operating a service that gave subscribers passwords to overseas Web sites containing child pornography. A judge sentenced Thomas Reedy to life in prison. His wife, who helped run the business, got 14 years. Prosecutors said that even though the couple didn't post child pornography themselves, they knowingly facilitated access to it and shared their profits with the Web sites responsible for the illegal material. John Morris, an attorney with the Center for Democracy and Technology, a civil liberties group, said companies like Voicenet can block access to improper Usenet content, but don't always know what people are posting on their system. "It's one thing to seize a server that is being used for a single Web site that is illegally serving up child pornography," Morris said. "But to go into an ISP and seize servers that have millions of postings on them that are perfectly lawful, with no real evidence that the ISP was intentionally doing anything criminal, is a much more questionable situation." --- On the Net: Voicenet Communications: http://www.voicenet.com Center for Democracy and Technology: http://www.cdt.org -- ----------------- R. A. Hettinga <mailto: rah@ibuc.com> The Internet Bearer Underwriting Corporation <http://www.ibuc.com/> 44 Farquhar Street, Boston, MA 02131 USA "... however it may deserve respect for its usefulness and antiquity, [predicting the end of the world] has not been found agreeable to experience." -- Edward Gibbon, 'Decline and Fall of the Roman Empire'
RAH clipped:
search tool that would scour electronic bulletin boards for millions of "uncensored" movies and photographs and serve up "an all-you-can-eat taste of 'the Internet gone wild!"'
There used to be a service called "Boypics", which thumbnailed and decoded all of Usenet's picture newsgroups for easy Web access. I think they ultimately closed down after prosecutorial grumbling, although they were just yet another way of reading Usenet, and didn't monitor content, nor log what their users looked at. The indemnity of Usenet providers over content becomes a considerably more grey area if the Usenet content is processed to some form other than articles, even if that processing is done mechanically, without peeking at what is being processed.
Voicenet Communications executives said they didn't know users also were using their system to access child pornography until January, when authorities seized the computer servers that ran their "QuikVue" search program, a lawyer for the company said.
Well, of course, it shouldn't matter if they "know." I mean, everyone who has a router through which an uncensored Usenet feed passes "knows" illegal porn and warez are included. That doesn't make them "madams of the child porn bordello", to borrow a colorful phrase from the Landslide circus.
The company's attorney, Mark Sheppard, said the company had no control over what people posted to the groups, and was no more criminally liable for their actions than other hosts of Usenet material.
It's clear that the current administration would like to corral Usenet. This is the first appearance under the tent of something which resembles the nose of a camel.
Investigators in New York pressed criminal charges against a pair of Internet service providers in 1998 for allegedly failing to block access to Usenet groups that contained child pornography. One firm, Buffalo-based BuffNet, pleaded guilty to a misdemeanor charge of criminal facilitation in 2001 and paid a $5,000 fine.
Right. That was the Dennis Vacco nonsense, when he announced that he had singlehanded stopped an "International Child POrn Ring" and that "Pedo University" was a real organization. He lost the election. When it became evident that they were going to investigate the two companies Vacco had attacked forever and cost them as much money as they could, they rolled over, which was good for them as individual corporations, but bad for the "larger picture."
"The case helped establish that when an Internet service provider becomes aware of child pornography being on its system, it has an obligation to do something about it," said Paul Larrabee, a spokesman for New York Attorney General Eliot Spitzer.
You should look at the policy of Giganews over child porn. They say call the FBI. They are not qualified to determine what it and is not child porn. I imagine this is true of most ISPs. I'd hate to think sysadmins would need to sit and view pictures all day trying to decide the age of the participants.
A federal judge imposed a tougher penalty on a Texas couple convicted in 2000 of operating a service that gave subscribers passwords to overseas Web sites containing child pornography. A judge sentenced Thomas Reedy to life in prison. His wife, who helped run the business, got 14 years.
Yes, send the owners of an age verification service to prison for life because two of their sites not located in the US were alleged to have child porn. Again, this is an example of people who were told by the best legal advice they could obtain that they weren't liable for content getting screwed over by a jury and a prosecutorial performance that belonged on the Jerry Springer show. My take on Landslide is apparently enjoying a life of its own on the Web. http://www.p-loog.info/English/ashcroft_lies.htm The feds are still grepping the Reedy's customer list by country, and trying to browbeat foreign LEAs into running around searching peoples computers and taking their children away. Aside from the UK, where pedo-bashing is a national sport, there appear to be few takers. These festivities are called "Operation Ore", by the way. And the news stories are replete with factual errors, calling everyone who had an age verification code from Landslide, a "person who paid to access child porn on the Internet," for instance. Of course, if you'll lie to start a war in Iraq, you'll probably lie about anything.
Prosecutors said that even though the couple didn't post child pornography themselves, they knowingly facilitated access to it and shared their profits with the Web sites responsible for the illegal material.
This is the new crime the Feebs are trying to fabricate. "Paying for access to child porn." This is a step beyond even possession laws, and could be used to put people in prison for just having a subscription to an ISP or USenet provider that carries an uncensored fed, or owning an adult check code that allows access to a single offsore web site which may not even be illegal in the country that hosts it. Bear in mind, that the Feebs had no way of telling if any of the 250,000 Landslide customers had looked at anything illegal under US law, or what sites they had visited. ALl the convictions in the case from from the Feebs trolling the customer list trying to sell their own child porn. So clearly, the next step is to criminalize merely being able to view child porn if one wished to, whether or not any actual viewing takes place. "If it saves just one child." Kind of like Saddam Hussein's "intent to create weapons of mass destruction-related programs activities", or whatever the current bar for justifying Iraq is set at.
"It's one thing to seize a server that is being used for a single Web site that is illegally serving up child pornography," Morris said. "But to go into an ISP and seize servers that have millions of postings on them that are perfectly lawful, with no real evidence that the ISP was intentionally doing anything criminal, is a much more questionable situation."
Well, one fights porn with fear. Never clearly articulating what the rules are by any objective criteria, and slowly pushing the envelope in the direction you want. The obvious intention here is to scare ISPs out of carrying Usenet. Or at least, to force them to block groups whose names suggest they might carry illegal material. And as we know, this will rapidly lead to a Usenet where all porn and warez are posted to rec.pets.cats. :) -- Eric Michael Cordian 0+ O:.T:.O:. Mathematical Munitions Division "Do What Thou Wilt Shall Be The Whole Of The Law"
participants (2)
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Eric Cordian
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R. A. Hettinga