[104834] in Cypherpunks
Dreamscape Responds
daemon@ATHENA.MIT.EDU (Eric Cordian)
Thu Oct 29 14:12:20 1998
From: Eric Cordian <emc@wire.insync.net>
To: cypherpunks@cyberpass.net
Date: Thu, 29 Oct 1998 12:50:14 -0600 (CST)
Reply-To: Eric Cordian <emc@wire.insync.net>
Dreamscape has posted a reponse to the antics of New York Attorney
General Dennis Vacco on its website. It will be interesting to see if
any of the evidence from this illegal seizure is allowed in court.
-----
STATEMENT OF DREAMSCAPE WITH RESPECT TO ATTORNEY GENERAL'S SEIZURE OF
INTERNET EQUIPMENT
On October 27th, the New York State Police, acting under the orders of
Attorney General Dennis Vacco, seized computer equipment used by
Dreamscape to provide its Internet subscribers with access to
thousands of newsgroups which are available through the Internet. The
seizure was purportedly for the purpose of gathering evidence of
illegal conduit by persons originating child pornography. Dreamscape
is not accused of any wrongdoing.
Dreamscape remains fully operational and continues to provide service
to its customers.
While Dreamscape supports the Attorney General's goal of preventing
harm to minors through the spread of child pornography, Dreamscape is
disappointed that the Attorney General has utilized unnecessary and
unlawful tactics which significantly interfere with the rights of all
Americans to utilize the Internet.
Dreamscape does not create the articles, pictures, or other
information available to persons using the Internet. Instead,
Dreamscape acts solely as a conduit allowing individual senders and
receivers to communicate with each other without review, supervision,
censorship, or interference by Dreamscape. In this manner, Dreamscape
acts in the same manner as a telephone company which merely completes
calls between senders and receivers, without monitoring those
communications in any way.
Dreamscape has, in the past, repeatedly cooperated with law
enforcement agencies in tracing the identity of persons who originate
pornographic materials. To the extent the Attorney General seeks to
protect children by stopping the exchange of pornographic materials,
that can and should be done by prosecuting the originators and
recipients of said material to the fullest extent of the law. The
remedy is not, however, to shut down and paralyze the Internet.
Dreamscape, and other Internet providers, cannot control the content
of material transmitted over the Internet. Dreamscape's subscribers
have access to over 30,000 newsgroups, to which they can transmit
messages and receive messages. It is not possible for Dreamscape or
any other Internet provider to screen, review, and censor the hundreds
of thousands of messages created, transmitted and received each day.
Federal law recognizes that an Internet provider is not liable for the
content of any messages, which the Internet provider simply transmits
through cyberspace. At least one Federal Court in New York State has
determined that any effort by state officials to restrict the
operation of the Internet is an unconstitutional violation of federal
rights and unlawful interference with interstate commerce.
Dreamscape remains ready and anxious to work with law enforcement
officials in identifying violators of State and Federal laws against
child pornography. However, Dreamscape also intends to actively oppose
overzealous and unlawful efforts which have the effect of destroying
the ability of its thousands of customers to legitimately utilize the
Internet.
--
Eric Michael Cordian 0+
O:.T:.O:. Mathematical Munitions Division
"Do What Thou Wilt Shall Be The Whole Of The Law"
