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The WorldView Volume 01 Issue 05
Der Weltanschauung Magazine (The WorldView) Originating From Houston, Texas
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% Editor: The Desert Fox D E R %
% Co-Editor: Rev. Scott Free %
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% W E L T A N S C H A U U N G %
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July 5, 1991 Vol. 1, Issue 5. Honesty Is Our Only Excuse
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"Let us arise, let us arise against the oppressors of humanity; all kings,
emperors, presidents of republics, priests of all religions are the true
enemies of the people; let us destroy along with them all juridical, political,
civil and religious institutions."
-Manifesto of anarchists in the Romagna, 1878
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The World View Staff: InterNet Address:
The Desert Fox [Editor] fox@nuchat.sccsi.com
Rev. Scott Free [CoEditor] revfree@nuchat.sccsi.com
Bryan O' Blivion blivion@nuchat.sccsi.com
Der Grosste Ein dge@nuchat.sccsi.com
The Sorcerer (REV)
Modok Tarleton
BRYAN O'BLIVION is the Net handle of a Texas attorney who
has practiced law for more than 11 years in private law firms and
in governmental practice. He is a published (print) author, and a
computer user and programmer since 1968. He is not a Republican,
and takes his attorney's oath to preserve and protect the
Constitution of the State of Texas and The United States very
seriously. Any legal questions can be directed to him. He would
be happy to assist you. blivion@nuchat.sccsi.com
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Table Of Contents
(1) StEvE_jAcKsOn: Taking The Secret Service To Court..........Submitted*
(2) We The People...Of The Telecom Community: An Editorial.....The Desert Fox
(3) Random Thoughts From The Garbage Can.......................Modok
(4) America, Where Are You?....................................Rev. Scott Free
(5) Final Comments On This Issue...............................The Desert Fox
(6) Freedom Infringement Alert: A Comment By The Rev. Free.....Rev. Scott Free
Articles With '*' attached indicates preface reprinted from the EFF.
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EXTENDING THE CONSTITUTION TO AMERICAN CYBERSPACE:
TO ESTABLISH CONSTITUTIONAL PROTECTION FOR ELECTRONIC MEDIA AND TO
OBTAIN REDRESS FOR AN UNLAWFUL SEARCH, SEIZURE, AND PRIOR RESTRAINT
ON PUBLICATION, STEVE JACKSON GAMES AND THE ELECTRONIC FRONTIER
FOUNDATION TODAY FILED A CIVIL SUIT AGAINST THE UNITED STATES SECRET
SERVICE AND OTHERS.
On March 1, 1990, the United States Secret Service nearly
destroyed Steve Jackson Games (SJG), an award-winning publishing
business in Austin, Texas.
In an early morning raid with an unlawful and
unconstitutional warrant, agents of the Secret Service conducted a
search of the SJG office. When they left they took a manuscript
being prepared for publication, private electronic mail, and several
computers, including the hardware and software of the SJG Computer
Bulletin Board System. Yet Jackson and his business were not only
innocent of any crime, but never suspects in the first place. The
raid had been staged on the unfounded suspicion that somewhere in
Jackson's office there "might be" a document compromising the
security of the 911 telephone system.
In the months that followed,
Jackson saw the business he had built up over many years dragged to
the edge of bankruptcy. SJG was a successful and prestigious
publisher of books and other materials used in adventure role-playing
games. Jackson also operated a computer bulletin board system (BBS)
to communicate with his customers and writers and obtain feedback and
suggestions on new gaming ideas. The bulletin board was also the
repository of private electronic mail belonging to several of its
users. This private mail was seized in the raid. Despite repeated
requests for the return of his manuscripts and equipment, the Secret
Service has refused to comply fully.
Today, more than a year after that raid, The Electronic
Frontier Foundation, acting with SJG owner Steve Jackson, has filed
a precedent setting civil suit against the
United States Secret Service, Secret Service Agents Timothy Foley and
Barbara Golden, Assistant United States Attorney William Cook, and
Henry Kluepfel.
"This is the most important case brought to date,"
said EFF general counsel Mike Godwin, "to vindicate the
Constitutional rights of the users of computer-based communications
technology. It will establish the Constitutional dimension of
electronic expression. It also will be one of the first cases that
invokes the Electronic Communications and Privacy Act as a shield and
not as a sword -- an act that guarantees users of this digital
medium the same privacy protections enjoyed by those who use the
telephone and the U.S. Mail."
Commenting on the overall role of the Electronic
Frontier Foundation in this case and other matters, EFFs
president Mitch Kapor said, "We have been acting as an organization
interested in defending the wrongly accused. But the Electronic
Frontier Foundation is also going to be active in establishing
broader principles. We begin with this case, where the issues are
clear. But behind this specific action, the EFF also believes that
it is vital that government, private entities, and individuals who
have violated the Constitutional rights of individuals be held
accountable for their actions. We also hope this case will help
demystify the world of computer users to the general public and
inform them about the potential of computer communities."
Representing Steve Jackson and The Electronic Frontier
Foundation in this suit is James George,Jr. of Graves, Dougherty,
Hearon & Moody of Austin, Rabinowitz, Boudin, Standard, Krinsky &
Liberman of New York,and Harvey A. Silverglate and Sharon L. Beckman
of Silverglate & Good of Boston .
Copies of the complaint, the unlawful search warrant,
statements by Steve Jackson and the Electronic Frontier Foundation, a
legal fact sheet and other pertinent materials are available by
request from the EFF.
---
Also made available to members of the press and electronic media on
request were the following statement by Mitchell Kapor and a legal
fact sheet prepared by Sharon Beckman and Harvey Silverglate of
Silverglate & Good, the law firm central to the filing of this
lawsuit.
WHY THE ELECTRONIC FRONTIER FOUNDATION IS BRINGING SUIT ON BEHALF OF
STEVE JACKSON.
With this case, the Electronic Frontier Foundation begins a new
phase of affirmative legal action. We intend to fight for broad
Constitutional protection for operators and users of computer
bulletin boards.
It is essential to establish the principle that computer bulletin
boards and computer conferencing systems are entitled to the same
First Amendment rights enjoyed by other media. It is also critical
to establish that operators of bulletin boards JQJ whether
individuals or businesses JQJ are not subject to unconstitutional,
overboard searches and seizures of any of the contents of their
systems, including electronic mail.
The Electronic Frontier Foundation also believes that
it is vital to hold government, private entities, and individuals
who have violated the Constitutional rights of others accountable
for their actions.
Mitchell Kapor,
President, The Electronic Frontier Foundation
---
LEGAL FACT SHEET: STEVE JACKSON GAMES V. UNITED STATES SECRET
SERVICE, ET AL
This lawsuit seeks to vindicate the rights of a small, successful
entrepreneur/publisher to conduct its entirely lawful business, free
of unjustified governmental interference. It is also the goal of
this litigation to firmly establish the principle that lawful
activities carried out with the aid of computer technology, including
computer communications and publishing, are entitled to the same
constitutional protections that have long been accorded to the print
medium. Computers and modems, no less than printing presses,
typewriters, the mail, and telephones -being the methods selected by
Americans to communicate with one another -- are all protected by our
constitutional rights.
Factual Background and Parties:
Steve Jackson, of Austin, Texas, is a successful small businessman.
His company, Steve Jackson Games, is an award- winning publisher of
adventure games and related books and magazines. In addition to its
books and magazines, SJG operates an electronic bulletin board system
(the Illuminati BBS) for its customers and for others interested in
adventure games and related literary genres.
Also named as plaintiffs are various users of the Illuminati BBS.
The professional interests of these users range from writing to
computer technology.
Although neither Jackson nor
his company were suspected of any criminal activity, the company was
rendered a near fatal blow on March 1, 1990, when agents of the
United States Secret Service, aided by other law enforcement
officials, raided its office, seizing computer equipment necessary to
the operation of its publishing business. The government seized the
Illuminati BBS and all of the communications stored on it, including
private electronic mail, shutting down the BBS for over a month. The
Secret Service also seized publications protected by the First
Amendment, including drafts of the about-to-be-released role playing
game book GURPS Cyberpunk. The publication of the book was
substantially delayed while SJG employees rewrote it from older
drafts. This fantasy game book, which one agent preposterously
called "a handbook for computer crime," has since sold over 16,000
copies and been nominated for a prestigious game industry award. No
evidence of criminal activity was found.
The warrant application,
which remained sealed at the government's request for seven months,
reveals that the agents were investigating an employee of the company
whom they believed to be engaged in activity they found questionable
at his home and on his own time. The warrant application further
reveals not only that the Secret Service had no reason to think any
evidence of criminal activity would be found at SJG, but also that
the government omitted telling the Magistrate who issued the warrant
that SJG was a publisher and that the contemplated raid would cause a
prior restraint on constitutionally protected speech, publication,
and association.
The defendants in this case are the United States
Secret Service and the individuals who, by planning and carrying out
this grossly illegal search and seizure, abused the power conferred
upon them by the federal government. Those individuals include
Assistant United States Attorney William J. Cook, Secret Service
Agents Timothy M. Foley and Barbara Golden, as well Henry M. Kluepfel
of Bellcore, who actively participated in the unlawful activities as
an agent of the federal government.
These defendants are the same
individuals and entities responsible for the prosecution last year of
electronic publisher Craig Neidorf. The government in that case
charged that Neidorf's publication of materials concerning the
enhanced 911 system constituted interstate transportation of stolen
property. The prosecution was resolved in Neidorf's favor in July of
1990 when Neidorf demonstrated that materials he published were
generally available to the public.
Legal Significance:
This case is about the constitutional and statutory rights of
publishers who conduct their activities in electronic media rather
than in the traditional print and hard copy media, as well as the
rights of individuals and companies that use computer technology to
communicate as well as to conduct personal and business affairs
generally.
The government's wholly unjustified raid on SJG, and
seizure of its books, magazines, and BBS, violated clearly
established statutory and constitutional law, including:
. The Privacy Protection Act of 1980, which generally prohibits
the government from searching the offices of publishers for work
product and other documents, including materials that are
electronically stored;
. The First Amendment to the U. S. Constitution, which guarantees
freedom of speech, of the press and of association, and which
prohibits the government from censoring publications, whether in
printed or electronic media.
. The Fourth Amendment, which prohibits unreasonable governmental
searches and seizures, including both general searches and searches
conducted without probable cause to believe that specific evidence of
criminal activity will be found at the location searched.
. The Electronic Communications Privacy Act and the Federal
Wiretap statute, which together prohibit the government from seizing
electronic communications without justification and proper
authorization.
- -
Mike Godwin, |"Most pernicious of French imports is the notion that
mnemonic@eff.org | there is no person behind a text. Is there anything more
(617) 864-0665 | affected, aggressive, and relentlessly concrete than a
EFF, Cambridge, MA | Parisian intellectual behind his/her turgid text?"
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We The People...Of The Telecom Community
An Editorial By The Desert Fox
I look around today at all the articles, editorials, and features that are
being written about how the government is suppressing the computer users of
this country. It amazes me to see the priority that this nation's authority
has in solving problems. Lately, those priorities seem to be to nail the
silicon-generation first, and then nab the 'real criminals'. I do see the
point in bringing true software pirates and so-called 'fone phreaks' to
justice. I personally have no sympathy for those who risk loosing their
right to be a couch potato because they are illegally using the phone
service or they are just dying to get the latest 'warez'. The main reason
why I do not sympathize with phone phreaks is simply because most of the
phone system is so secure today. And it makes it much easier for the phone
company to catch a perpetrator. So, if they are so incompetent as to use
the phone system for illegal purposes, then they are sealing their own fate.
But, as of late, I have heard numerous stories about the Secret Service,
and other government agencies raiding establishments, seizing equipment, and
prosecuting individuals with no concrete evidence. Take the Steve Jackson
case as an example. Must the SS use an invalid search warrant, and a wrongful
cause in order to arrest this man for a crime he did not commit?
There are many documented cases about the government conducting operations
against computer users with invalid warrants and without probable cause.
I ask myself why an agency would have to resort to illegal means in order to
incarcerate an individual. This brings up the issue of legitimate users being
harassed by the agency. I am at ease with myself as far as the law goes.
But it really angers me to think that the law can bust down my door and
obtain my equipment just because they get some idea that I am trying to
install Communism deep into the bowels of America, or because I simply call
local bulletin boards.
Because of cases like Mr. Jackson's, there has been an uprise in the
visibility of groups like The Electronic Frontier Foundation (EFF). These
groups' purpose is to aid computer users who have been treated unfairly by
the SS. The EFF has handled some landmark cases, including the Craig Neidorf
case. Neidorf was found innocent of the crimes in which he was charged.
Steve Jackson was also found innocent, and is now taking the SS to court for
damages incurred during the farce engineered by the SS. The EFF, along with
similar groups, I feel, will be the only savior for users such as you and I.
The relentless onslaught of the government on computer users is not over.
The users need to speak out against this suppression. Until then, the SS will
conduct operations at will. If you are taken into custody for a crime that you
did not commit, you need to take action! There are resources available.
Please take advantage!
The era of the silicon warrior is here! Electronically published magazines
such as The World View, are here for good! The fraction of society that is
up-to-date with the evolution of the computer generation should not have to
be suppressed by those who are not. It is a shame that groups like the EFF
even have to exist. However, as long as there are people who are out there
promoting the progress of our cause, and condoning the will of the people,
we will always be looked down upon by those who get nervous when someone
makes an impact on society. Be different. Be unique. Eventually, those who
choose to play off the silicon generation as a fad will succumb to the 'fad'
of never-ending progress in our field. We are here to stay and will make the
biggest impact of this generation. History is being made as we speak. So,
if you are not yet on this train, I suggest you buy your ticket now. If you
are, hang on tight. We're in for one hell of a ride.
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Random Thoughts From The Garbage Can
By: Modok Tarleton
As you have probably already figured out, there is a certain
amount of risk involved in participating in the world of
telecommunications. If you're lucky, you might get a prank call
from some young sysop who has your phone number. You could even
get phone calls from deep-voiced men claiming FBI credentials,
scaring both you and your parents. Or in the case of Steve
Jackson, the Secret Service could come knocking down your door.
There is no reason to rehash the story. There is really not
even a need to comment on it. It speaks for itself. It just
makes obvious that there is no contract between us and the United
States government. What restrains us as a public from conducting
ourselves in the same manner as our so-called "leaders"? It is a
naive and phony moral contract. It is a psychological
stranglehold that tells the public that what the leaders do is
always alright. Its the thing that makes the public consent to
government lies and deceit.
A small number of people in charge make the rules and they
expect us to obey. When we (the public) break the rules, we are
excepted to sit back and take punishment. When the people in
charge break them, they act like they are impervious to all law
and order. What do they take us as? They see as nothing but
goddamned fools. Who else would illegally seize someone's
property and then write it off like it was some kind of fucking
minor mistake? If this kind of Edgar Hoover styled mania is going
to be a continued thing, we should all brace ourselves for a long
ride.
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America, Where Are You?
Another Ramble by the Rev. Scott Free
Well folks...as I write this, I am just returned from another
spectacular 4th of July debacle...as if all the other celebrations of
national pride and homecomings aren't enough...now is the time to
really let it all hang out for "Independence Day". A time to celebrate
and reflect upon all the things that this country stands for.
These reflections often include <for most> all the great
achievements our beloved U.S. of A. that have occurred in the last
200+ years....things like the "Declaration of Independence", "The
Boston Tea Party", "The Revolutionary War", "World War I", "World War
II" , "Apollo 11"...all the "GREAT" accomplishments of this once
proud nation....
But, sadly, my thoughts turn to the farces..."The Gulf War",
"The Iran-Contra Scandal", and the most pressing issue facing those of
us in the cyber-world, the total repression of the very freedoms we
celebrate on this day...FREEDOM OF SPEECH.
As you are probably aware, Steve Jackson stands as a glaring
example of how our very government is, even now, attempting to
infiltrate and control our relatively newfound cyber/reality...
"The Net"...
The very conspirators I have ranted about before are attempting
to label us as conspirators, threats to society and "FREEDOM", threats
to the AMERICAN WAY....and in the process, they are setting about, in
a very methodical way, to destroy our freedoms...
I was at a good friends house, when he logged on to the recently
reinstated BBS of Steve Jackson in Austin, TX...and I was thinking to
myself...here we are...logging on to a perfectly legal bulletin
board...and we are, more than likely, being monitored by the Feds...
Files are being created <or updated> that concern at least the person
logging on...all transactions are probably monitored and scrutinized
by advanced, technical means of eavesdropping, electrical surveillance
equipment. Hungry feds...looking for the cue to run back in and bust
someone...
As I pondered this...I thought "Gee...Am I paranoid?..or what?"
Yes, I'm paranoid...absolutely...but anyone who has read up on
the Steve Jackson incident...or any of the other F.B.I. electronic
stormtrooper farces, knows the lengths that the federal government is
willing to go to, just to suppress this medium.
Why are they doing this?...what is they're motivation?....the
only thing that I can figure out...is that "THEY" believe that this is
dangerous...and the only "danger" I see, is that people are waking
up...people are using they're minds...people are questioning they're
reality....and this is bad news for those who wish to manipulate you
and I...
As I sit here, On July 4th, a day for celebrating "FREEDOM", I am
saddened by the fact that it is slowly being stripped away...
The Supreme Court is now firmly in the hands of the "Right",
the Drug War marches on, Federal agents are terrorizing innocent
people...it goes on and on and on...
However, I am heartened to see that those of us invested in this
medium are fighting for it...and if the Federal Government has decided
that it is a threat to them, then we must be doing something right...
That makes me hopeful...
I am pretty sure that the Feds have a few, if not all, copies of
these very documents that we at "THE WORLD VIEW" are producing...
I am certain that they are even now contemplating how to
eliminate this and other electronic news sources that promote FREEDOM
OF SPEECH
But we here at "THE WORLD VIEW" are dedicated...we know our
rights...we got some "GOOD GUYS" working with us...
If I am committing a crime by speaking my mind...then I am
guilty...but I see no crime here....
I do this because I care about MY country...I love MY country
and I love my planet...I hope you love it too...
SPEAK OUT! READ! WRITE! EDUCATE YOURSELF!! EDUCATE OTHERS!!!
ACT OUT WHILE YOU STILL CAN!!!!!
Rev. Scott Free
PARANOIA IS NOT A CRIME!
IT'S AN ART!
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...And a final comment
Greetings To all...I hope this issue enlightens some people as to what is
going on in our society. What happened to Mr. Jackson is a total outrage.
I feel that this kind of material needs to be distributed as much as possible.
People need to be aware of this farce. If this happens to you, please do not
lie dormant in your efforts to justify yourself. Contact the EFF, or whatever
resources available if this does happen. Brian O' Blivion did not write an
article for this issue. However, I understand that he is in close contact with
Steve Jackson, and is making an attempt to do an interview with him. If it
comes through, it will be published in full in the next issue. Also, the idea
of an 'Ask The Lawyer' feature is being thrown around. Any questions about
legal matters can be directed to any of our staff, and it will be forwarded
to O' Blivion. These questions and answers will also be published. This is the
second issue to be passed around the net. I am extremely happy about this.
The power of mass distribution has it's positive effects. Many thanks to
Kevin on the Nuchat system for help. If you, or anyone you know desires a
copy of these magazines, please drop us a line somewhere. If you have anything
to be published, once again, drop us a line. The legal document concerning
the Jackson case was cut from this issue because of size. However, it is
available in many places...including the EFF. If you would like a copy, and
cannot find one, I will be happy to send you one. I believe that we have
settled on a basic visual appearance for the magazine. This translates to
the fact that the title screen, table of contents, etc...will remain in the
same format. (It Looks Nice...). ** We are looking for comments on this
magazine ** If you have any at all, please do your best to get them to us.
We are just slamming these things out with little input from readers. I cannot
tell if you are happy about it, or just don't care. Just don't ask us to stop!
Comments & suggestions can be directed to The Desert Fox.
Praise Bob
Buy Bonds!
Support Steve Jackson! Buy GURPS role-playing game material at your favorite
bookseller.
The Desert Fox
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And Now, Ladies & Gentlemen...The Rev. Scott Free
A SIDE NOTE
FREEDOM INFRINGEMENT ALERT!!!
There is a new bill, HR 4079, co-sponsored by Representative Newt
Gingrich and Senator Phil Gramm, that would open the way for American
concentration camps to be built, and thereafter permit the state to
round up suspected drug users and force them to work without
compensation for the state.
The bill proposes suspending the Constitution for five years so
that millions of illegal drug users could be held by the state in
concentration camps. All internees would be forced to work and if
anyone is caught with drugs in the camps, they would have one year
added to their sentence each time...with no right to appeal
HR 4079 calls for a declaration of a 5 year national state of
emergency...in essence martial law. It proposes reopening the Japanese
Internment Camps used during WWII, using active and inactive military
bases as prisons, and instituting a new privately owned prison system
as well. To aid in accomplishing this, the 4th Amendment, the 8th
Amendment, and habeas corpus are to be either superseded, redefined,
or disallowed. A provision has been built in to allow the government
to purchase goods manufactured by prison slave labor. To ensure the
duration of this labor force, all previous maximum sentences would be
changed to minimum sentences. New mandatory sentences would be
applied, and probation, parole, and suspension of sentences revoked.
To provide an even greater pool to draw from, mandatory drug
testing of just about anyone above junior high school level has been
included in the bill.
Press releases regarding the bill were sent out to all the
national and local news outlets by the Maryland Libertarian Party,
however there has been practically no mention of the bill in the
media.
The state is evidently hoping to sweep this bill into law right
under our noses while we are all preoccupied with other events.
We at the "World View" encourage all American citizens to make
phone calls and write letters. Direct your correspondence to the media
and your representatives as well as Gingrich and Gramm. If they don't
think you care about this bill becoming law...IT WILL!!
Again...that's bill # HR 4079...this is no exaggeration..LOOK IT
UP!............
