From owner-govaccess@well.com Tue Jan 9 19:17:56 1996 Received: from well.com (majordom@well.com [206.15.64.10]) by eff.org (8.6.12/8.6.6) with ESMTP id TAA16543; Tue, 9 Jan 1996 19:17:55 -0800 Received: (from majordom@localhost) by well.com (8.6.12/8.6.12) id NAA24362 for govaccess-outbound; Tue, 9 Jan 1996 13:59:54 -0800 Message-Id: Mime-Version: 1.0 Content-Type: text/plain; charset="us-ascii" Date: Tue, 9 Jan 1996 13:58:54 -0800 To: GovAccess@well.com From: jwarren@well.com (Jim Warren) Subject: GovAccess.241.censor: censor all; Compu$erve; ClariNet; childporn Sender: owner-govaccess@well.com Precedence: bulk Status: O CONTENTS Another Response to Reporter's Asking Why Not Censor the Net Like Video Stores Soon-to-be-Censored Religious Content from Around the World MCS System Policy Prohibits Anything that is Illegal for Anyone of *Any* Age Compu$erve CEO Sez They're Taking the High Road (!) ClariNet [Commercial] Newsgroups Blockaded by Compu$erve's Panic-Mode Response Compu$erve Threatens(?) Reposter of "Confidential" Information Portending the Future -- Parents Beware! You Risk Arrest & Prosecution &&&&&&&&&&&&&&&&&&&& Another Response to Reporter's Asking Why Not Censor the Net Like Video Stores Date: Sat, 30 Dec 1995 19:05:41 -600 (CST) From: Marian Neudel Re #224 observation/question from a mainstream newspaper reporter: >Your opponents make a strong point. They say they are only doing the >equivalent, in cyberspace, of what stores do now. That is, segregate the >adult material and deny kids access. They ask why can't the same be done on >the Internet? ... Actually, a more accurate analogy would be that some parents are unwilling or unable to keep their toddlers from crossing the street without them, so they want to require all street traffic to move at 3 miles per hour. &&&&&&&&&&&&&&&&&&&& Soon-to-be-Censored Religious Content from Around the World From: j.abolins@meydabbs.com (Sysop) Date: Fri, 05 Jan 1996 00:05:00 +0000 Subject: how about some *old* filth? To add to the examples of Biblical and Scriptural discussions possibly being considered indecent by some proposed standards, here are some more examples. Shir HaShirim (The Song of Songs) in the Scriptures would show up in searches for words with sexual connotations. The Talmud, commenting upon the Hebrew Scriptures, is very straighforward about many aspects of human life, including some that might upset the squemish. Circumcision was already mentioned. There is also coverage of precepts concerning menstruation. The discussion of forbidden sexual relationships (e.g.; incest) might be seen as titilating. (Some people might even get bothered by the first syllable of the word "titilating".) In some of the Jewish mysitcal writings, references are used that could be interpreted as indecent by people looking by word searches. And in the frenzy, important things such as context can get lost. Oh, though of another topic, one that George Carlin had mentioned in a recent HBO special: the word "ass" used in the Scriptures. Ok to say that somebody rode on an ass but causes trouble if saying that ride resulted in a sore ass. &&&&&&&&&&&&&&&&&&&& MCS System Policy Prohibits Anything that is Illegal for Anyone of *Any* Age Date: Fri, 29 Dec 1995 11:56:36 -0800 From: "Peter A. Cibulskis" System Policy for Personal Accounts at MCS > You agree not to publish via any method material which would be illegal to > distribute to any person of any age within the boundaries of > the United States of America, including but not limited to adult materials. The above is an excerpt from MCS's "policy" statement. "ANY PERSON, OF ANY AGE"???? If this truly is the way that ISP are going does this imply that only Rated-G should be allowed on the NET??? This is getting out of control! Pete Cibulskis PS -- Are you familiar with, http://www.four11.com/ ? It can be a useful way to locate people on the NET that you know by name, although it looks like www.AltaVista.digital.com may replace it in the end. &&&&&&&&&&&&&&&&&&&& Compu$erve CEO Sez They're Taking the High Road (!) To: Cypherpunks Lite Date: Fri, 29 Dec 1995 14:44:19 -0800 From: tcmay@got.net (Timothy C. May) Wow! I am watching the CEO of Compuserve being interviewed on CNBC, explaining how his company is "taking the high road by complying with the laws of Germany" in removing access to 200 Usenet groups. So, what happens with Saudi Arabia announces that Christian and Jewish newsgroups violate their laws (I don't know this for sure, but I know that Jewish and Christian temples and churches are strictly verboten in Saudi Arabia). And, think of the many countries which ban homosexuality, and so on. An amazing cave. Massey seems to think that all of the other large ISPs will fall in line and remove "illegal" newsgroups (illegal in any country in which they have account holders). I wrote a longer post on the issues last night, so I won't repeat those points. [Writer Tim is an *outspoken* advocate of robust personal privacy protection -- even for innocent citizens and businesses. --jim] &&&&&&&&&&&&&&&&&&&& ClariNet [Commercial] Newsgroups Blockaded by Compu$erve's Panic-Mode Response Date: Sat, 30 Dec 1995 15:38:27 -0800 (PST) From: Brad Templeton [via farber@linc.cis.upenn.edu] Alas, we were also pretty shocked to see some ClariNet e.news newsgroups listed in the set that Compuserve announced it was banning from their servers in fear of German censorship laws -- but mostly because Compuserve isn't one of our subscribers, and they don't have any of our groups. We've asked them why they listed them, and have not yet heard back, but I think this is actually a very good example of how capricious and dangerous such laws are. They send people into panics, banning anything that looks dangerous, even things they don't even have! If anybody needs a lesson on why laws like the German laws (and the upcoming U.S. decency act) have a chilling effect far beyond even their broad intent, this is it. Had Compuserve carried our electronic newspaper newsgroups, banning these ones would have been silly. Here are the "lurid" headlines from the last few days of clari.news.sex, a newsgroup that contains only professional reporting on sex-related issues: Vatican: Sex education not okay Suspended Teacher To Return Australian Govt Porn Committee Calls For Action Beijing seizes one million porn, illegal books Time for the annual best and worst lists China customs crack down on pornography imports CompuServe suspends online sex topics CompuServe bans sex groups, sparking free-speech row The most recent headlines from clari.news.gays as you can see are equally non-lurid: Failed Robbery Led To Gay Slay Killer To Sell Story Gays In Military Judge Quits Lesbian Wins Job Bias Suit I wonder if the Germans thought this was worth banning or CIS made up the list on their own. Either way, the the idea that anybody might, in fear of such laws or under the orders of such laws, ban legitimate professional (and entirely non-lurid) coverage of issues like these is really scary, and we hope our many legitimate subsribers in Germany don't fall prey to this. While the fact that CIS didn't actually have our material makes this less interesting, a big part of the story is that somebody was driven to remove stuff without even knowing what they were removing. &&&&&&&&&&&&&&&&&&&& Compu$erve Threatens(?) Reposter of "Confidential" Information Date: Tue, 9 Jan 1996 09:38:37 -0500 To: GovAccess@well.com From: freematt@coil.com (Matthew Gaylor) Subject: Veiled warning from a CompuServe Management Team Member I received a veiled warning from CompuServe for posting some information on the usenet that I received from cyber-rights activist Jim Warren's GovAccess list. I asked the CompuServe Management team member permission to re-broadcast his/her email message, but he/she didn't want his/her name included. So I xxxxxxed out his or her identifing address. Below is the message. >Hi Matthew - > >My name is XXXXXXXXXXXXXX, and I'm one of Forum Product Management Team >members who deals with the CompuServe sysops. I'm not sending this to >you as an "official CompuServe representative" or anything, but I saw >the message that you posted below. Whoever sent this to you is >pretty misinformed and is probably trying to look a good deal more >important than he is. > >A statement was indeed released in the Sysop Forum about the >newsgroups that had been barred. That statement was a copy of the >CompuServe press release, and was specifically available for >redistribution to any and all. The person you quote seems to have >paraphrased that statement and posted it as 'top sekrit stuff.' I've >copied the full press release at the bottom of this message. Most of >the information in it is probably old news by now, but just in case >it might be useful, there it is. > >One other thing you may want to consider in the future is that >someone who redistributes confidential information could be as >legally liable as the person who originally sent it out, especially >if it's incorrect and/or damaging. Food for thought the next time >someone sends you a 'here's what can't be said' kind of message. Checking >into the facts first might be the better part of valor. > >--XXXXXXXXXXX > XXXXXXXXXXXX@csi.compuserve.com > > > oh.general #4010 (0 + 0 more) > > From: freematt@bronze.coil.com (Matthew Gaylor) > > Newsgroups: osu.opinion.libertarian,cmh.opinion,oh.general,osu.opinion > > > > [1] Compu$erve's Internal Statement to its Forum Sysops > > Date: Fri Jan 05 11:17:22 EST 1996 > > Organization: Internet Concourse > > Lines: 31 > > X-Newsreader: Yet Another NewsWatcher 2.1.3 > > > > Compu$erve's Internal Statement to its Forum Sysops > > > > Date: Fri, 29 Dec 95 11:00:41 PST > > From: [a Compu$erve forum sysop, it withheld upon request] > > > > I just logged on and went to the Sysop Forum. Here's an official statement: > > > > Access to some newsgroups has been suspended indefinitely. > > > > CompuServe has been notified that some newsgroups may violate > > applicable laws or regulations. > > > > This matter is under further review. > > > > CompuServe was ordered by the German government to either ban the > > access from their list, or to discontinue service to Germany. We have > > over 500,000 German users and currently cannot block just one country. > > There will be an official announcement later, but CompuServe WILL > > fight this manuever and ways around it are being worked on. > > > > This statement has not been released publically. For what I hope are > > obvious reasons, please withhold my name as your source for this statement. > > > > But it would seem that Microsoft's idea of providing different content > > based on the customer's country on MSN was remarkably prescient... > > >=== > >FOR IMMEDIATE RELEASE > >CONTACT: William Giles Russ Robinson > > CompuServe Incorporated CompuServe > (614) 538-4388 (614) 538-4274 > > >COMPUSERVE SUSPENDS ACCESS TO SPECIFIC INTERNET NEWSGROUPS > >COLUMBUS, Ohio, Dec. 28, 1995 -- During the past week, CompuServe >Incorporated temporarily suspended access to more than 200 Internet >newsgroups in response to a direct mandate from the prosecutor's >office in Germany. Each of the newsgroups that was suspended was >specifically identified to CompuServe by the German authorities as >illegal under German criminal law. CompuServe did not select any >groups or determine the nature of the newsgroups that have been >impacted by this action. > >German government officials, as part of an investigation of illegal >material on the Internet, ordered CompuServe to do what was >necessary with respect to specified newsgroups in order to comply >with German law. German authorities are investigating newsgroups >and other Internet content that may contain child pornography, other >pornographic material illegal for to adults, as well as content that >although not illegal for adults is of such an explicit nature that >it is illegal for minors. > >While access has been suspended, CompuServe continues to work with >German authorities to resolve this matter. CompuServe cannot alter >the content on the Internet in any way and has only suspended access >to the disputed newsgroups through CIS. The issues being >investigated in Germany, like those being addressed across the >industry, need to remain focused on the individuals and groups >placing content on the Internet. CompuServe, as an access provider, >is not responsible for the origination or nature of content on the >Internet over which it has no creative or editorial control. > >The global market is vital to CompuServe. We currently have 500,000 >members in Western Europe and anticipate doubling that number in the >next year. As the leading global service, CompuServe must comply >with the laws of the many countries in which we operate. However, >laws in different countries are often in conflict, and this creates >new challenges unique to the emerging online industry. CompuServe >is investigating ways in which we can restrict user access to >selected newsgroups by geographical location. > >CompuServe is an H&R Block (NYSE:HRB) company. > >Founded in 1955, H&R Block is a diversified services company and the >world's leader in tax preparation and online information services. >H&R Block Tax Services handled almost one in every seven returns >filed with the Internal Revenue Service in 1995, serving 17.1 >million taxpayers in more than 9,500 offices worldwide. CompuServe >operates the most comprehensive online network in the world, >providing services to nearly 900 corporate accounts and more than 4 >million users in more than 140 countries. > > ### ********************************** Matthew Gaylor freematt@coil.com 1933 E.Dublin-Granville Rd., #176 Columbus, OH 43229 ********************************** &&&&&&&&&&&&&&&&&&&& Portending the Future -- Parents Beware! You Risk Arrest & Prosecution Date: Mon, 8 Jan 1996 02:42:28 -0800 (PST) From: Declan McCullagh To: fight-censorship+@andrew.cmu.edu I'm passing this along since it's an (unfortunately) excellent example of police brutality and law enforcement hysteria over "child pornography." Bob Chatelle assures me that it's an accurate rendering of events. If the "liberal" Cambridge cops will abuse and choke a mother in front of her child, I suspect the punishment other police departments mete out to those they suspect of "trading child porn" online will be far worse. Take those baby pictures off of your web pages, folks. RE: INCIDENT AT ZONA PHOTOGRAPHIC LABORATORIES ON NOVEMBER 2, 1995 BETWEEN ZONA EMPLOYEES, TONI MARIE ANGELI AND THE CAMBRIDGE [MA] POLICE DATE: JANUARY 7, 1996 CONTACT: JOHN G. SWOMLEY, ESQ. SWOMLEY & DOHERTY 83 ATLANTIC AVENUE BOSTON MA 02110 617/227-9443 FAX: 617/523-7554 On November 2, 1995, Toni Marie Angeli was arrested at Zona Photographic Labs on Rodgers Street in Cambridge, ostensibly for child pornography. She has yet to be charged with this crime. Instead, she has been charged with being disorderly; assault and battery with a dangerous weapon -- here, a lamp; and the malicious destruction of property. These charges stem from conduct attributed to her after the police told her they were going to take her 4 year old son away from her and were arresting her due to content of photographs she took of her son for a photography course at Harvard University. She was handcuffed, beaten, and choked by the police in front of her son before being taken away. Ms. Angeli is a student enrolled in the Introduction to Photography course taught by Professor John Leuders-Booth at Harvard University. On October 19, 1995, Ms. Angeli spoke with Professor Leuders-Booth about doing a study of the innocence of a child's nudity for her final class project. As a result of that discussion, Ms. Angeli decided to have her son Nico D'Ancona be the subject of her project. On October 24 and 25, 1995 Ms. Angeli took a 36 shot roll of film of her family, the first eight of which were intended to develop the theme of her artistic project. The first series of shots was taken shortly after her son got out of the bathtub while he was playing with his father. The remainder of the roll are family photos and pictures of her son and a playmate outdoors. Some of those shots are of her son "peeing" outdoors. On Thursday, October 26, Ms. Angeli dropped off her roll of film and her husband Luke D'Ancona's slides to be processed and picked up the following day, Friday, October 27. On Friday morning, however, an employee from Zona phoned Ms. Angeli's home and told her husband that the negatives could not be picked up until Monday due to a problem with the machinery used to develop negatives. Ms. Angeli returned to Zona with her husband and son the following Thursday, November 2, to retrieve her negatives before her class met that evening. The clerk handed over her husband's slides immediately and insisted that they be paid for at that time. When Ms. Angeli tried to pick up her negatives, she was stalled by Zona employees who at first went to look for them and then began concocting stories about why they didn't have them. Clerk Morgan Segal told them that they were "still having trouble with the machine." Another employee, a young, red-haired clerk, told her that he couldn't locate them because "everything is all mixed up in boxes and out boxes are in disarray." After much delay, two plainclothed police officers arrived -- a white officer, now known to be detective S. Ferriera, #273, and a black officer, now believed to be Detective W. Phillips, both of the Cambridge Police Department. Detective Phillips approached Mr. D'Ancona, who was looking at his slides on a light board, and told Mr. D'Ancona that he and his partner were "investigating a crime." Detective Ferriera approached Ms. Angeli and began asking her questions. Ms. Angeli had no idea why the police were at Zona and did not imagine that she was the suspect of this "crime." During this time, Detective Phillips began rifling through Mr. D'Ancona's slides. Mr. D'Ancona questioned the police's right to do this, protesting "hey, you know, you can't really look through my slides." Detective Phillips replied, "Yes, I can." He further informed Mr. D'Ancona that he was "investigating the crime of pornography." When Ms. Angeli, holding her son who had just awoken from a nap, asked the officers what the investigation had to do with them, she was met with silence. After listening to the police's line of questioning, it dawned on her that her negatives were at the heart of the "investigation." She laughed. She stated that she was the child's mother and that the boy in the photographs was the child in her arms. She told the police that she was taking a photography course at Harvard. She asked them to call her professor. She laughed again. Detective Phillips sternly said "a crime has been committed here." Ms. Angeli said "that's ridiculous, why don't you just call my professor?" She turned and walked to the clerks at the counter, demanding to know where her negatives were. Detective Phillips then approached her, grabbed her arm, and wheeled her around. He told her that if she did not cooperate with their investigation he could take her child away from her. This threat was made while her son Nico was in her arms. Hearing the threat, Nico began clutching his mother. Ms. Angeli, at that point, ceased to be polite. She said, "Haven't you something better to do with your time? Why don't you go to the schoolyard and find some crack dealers?" Detective Phillips told her that he had already notified the Department of Social Services and, putting his finger in her face said, "if you don't cooperate, I will take that kid away from you on the spot." Ms. Angeli thereupon told her husband to take the baby and gave her son to him. She asked Detective Phillips, "if you think I am a child pornographer and such a menace to my son and society, why don't you just arrest me now?" Detective Phillips said "I will" and handcuffed her. By this time, other patrons had entered the store and were beginning to get uncomfortable. Ms. Angeli's husband began talking to them, telling them to take their business elsewhere. Detective Phillips immediately tried to drag her away from public view. During the ensuing struggle to get Ms. Angeli into a back room a lamp on the counter was knocked over. Clerk Morgan Segal, who was standing nearby, caught the lamp and kept it from falling to the floor. As the detectives dragged Ms. Angeli through a door to a back room at Zona, two tennis-ball sized holes were made in the hollow door core and a framed photograph fell from the wall adjacent to the door. This series of events, occurring after the detectives' threats to take away her four year old son and after she was handcuffed, form the basis for the current criminal charges against Ms. Angeli. As Ms. Angeli, screaming for her son, was manhandled to the back, Detective Phillips, presumably to quiet her down, took Ms. Angeli's head and slammed it into the door jamb. Stunned and quiet, she remained in the back, separated from her husband and child. When her head cleared, she again loudly asked for her son. Detective Phillips returned to the back room where Ms. Angeli was being held by a female police officer and again threatened to take her child away if she didn't be quiet. The female officer, who held Ms. Angeli by the handcuffs behind her back, began pulling up on them and Ms. Angeli screamed to her husband "Luke they are breaking my arms." Detective Phillips approached Ms. Angeli and put his hands around her neck and began to choke her. Hearing the ongoing struggle, her husband rushed into the back room and told the detectives to leave Ms. Angeli alone. Policemen tackled her husband to the ground. Nico, Ms. Angeli's son, followed his father into the back room and saw his mother being choked, and his father on the ground with the police on top of him and began screaming at the top of his lungs. At that point Morgan Segal, the clerk who had lied to Ms. Angeli, grabbed Nico and ran with him out of the lab. Ms. Angeli, from that point onward, screamed uncontrollably until the police took her husband out and allowed him to confirm to Ms. Angeli that Nico was safely in his care again. Despite her requests to say goodbye to her son the police refused. They escorted Ms. Angeli past her son and out to a police van which took her to the Cambridge Police Station. Ms. Angeli remained in police custody for several hours until a bail bondsman arrived and her husband was allowed to bail her out. [Lesson? You better be docile and obedient when the enforcers threaten to take your child from you. They know best -- and they carry guns. I would be happy to repost a copy of the officers' arrest report, if it's forwarded in ASCII form. --jim] &&&&&&&&&&&&&&&&&&&& "Everyone has the right to freedom of opinion and expression: this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers." --Article 19, U.N. Universal Declaration of Human Rights [via barlow@eff.org] Mo' as it Is. --jim Jim Warren, GovAccess list-owner/editor (jwarren@well.com) Advocate & columnist, MicroTimes, Government Technology, BoardWatch, etc. 345 Swett Rd., Woodside CA 94062; voice/415-851-7075; fax/<# upon request> To add or drop GovAccess, email to Majordomo@well.com ('Subject' ignored) with message: [un]subscribe GovAccess YourEmailAddress (insert your eaddr) For brief description of GovAccess, send the message: info GovAccess Past postings are at ftp.cpsr.org: /cpsr/states/california/govaccess and by WWW at http://www.cpsr.org/cpsr/states/california/govaccess . Also forwarded to USENET's comp.org.cpsr.talk by CPSR's Al Whaley. May be copied & reposted except for any items that explicitly prohibit it.