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From: tjj@ssc-vax.UUCP
Newsgroups: net.legal,net.micro
Subject: Computer Bulletin Boards Must Be Confiscated!
Message-ID: <171@ssc-vax.UUCP>
Date: Wed, 30-May-84 20:44:20 EDT
Article-I.D.: ssc-vax.171
Posted: Wed May 30 20:44:20 1984
Date-Received: Wed, 6-Jun-84 02:25:51 EDT
Organization: Boeing Aerospace, Seattle
Lines: 27

Perhaps the subject line is somewhat skewed, but it seems that in all the
fuss and feathers over the confiscation of the computer BB by the LAPD, no
one has looked for a cogent reason that would require such action.  I am not
an attorney, but isn't it a requirement that when someone is charged with a
crime that sufficient evidence must be presented for both an indictment and
a conviction?  So person A commits an offense by leaving a message on person
B's computer bulletin board.  If I, as the prosecuting attorney, want to
establish the fact that such a crime was committed, what kind of evidence
must I have?  Right!  I have to have proof that a message was transmitted
and I must be able to present its content.  How do I go about acquiring the
custody of said evidence that is required to do my job?  Maybe there are
other ways, but certainly a very straightforward method is to obtain a warrant
for the seizure of the computer BB system.  I may not know exactly which portion
of the system contains the real evidence, but at least I know I've got my arms
around what is needed.

I wouldn't like to have my computer system confiscated either, but I don't
think I'd go around claiming that all Sysop's were going to be thrown in the
slammer simply for what was placed on their bulletin board system.  What say
the legal beagles on the net?

Ted Jardine
-- 
TJ (with Amazing Grace) The Piper
Boeing Computer Services
Artificial Intelligence Center
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