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- The following review of SYSLAW, the SYSOP'S LEGAL MANUAL was written by
- Charles and Kathryn Brocato, and originally posted on May 28, 1991, on
- the Golden Triangle RBBS in Beaumont, Texas. It is reprinted here with
- the expressed permission and consent of the Brocato's.
-
-
-
-
- SYSLAW
- (The Sysop's Legal Manual)
- A Review
- by
- CHARLES and KATHRYN BROCATO
-
- This is the first book of its kind dealing with BBSs and legal matters;
- as the courts define BBS crime and precedents are set, one can only expect
- to see more of this genre about.
-
- The stage was set when the Electronic Communications Privacy Act
- (ECPA) was passed by the Congress in the latter part of 1986.
-
- This book is valuable to both the BBS owner and the BBS user alike.
- Written by two attorneys, Jonathan Wallace & Rees Morrison, Esqs., the
- book lacks cohesiveness; whereas, if written by a professional writer,
- it might have been more flowing. However, don't let this deter you--it
- is still chuck full of valuable nuggets of information.
-
- After reading the book, Charles did something similar to what the
- President of International FidoNet Association (IFNA), Don Daniels, did--he
- spent time online reviewing his messages and deleting those that could
- cause problems. Mr. Daniels cut his FOREWORD to SYSLAW short to make
- the recommended changes to his BBS.
-
- One item the book points out is that uploading a magazine article,
- even though you give full credit to the author and to the magazine you
- took it from, is illegal. The key words here are "unauthorized republication"
- of a copyrighted work. Many assume that if you give full credit, then
- this releases you from culpability, but this is not the case! I have
- seen this gaffe constantly on boards all over the country, even on boards
- I knew were the best -- and uploaded by the BBS owner, of all people!
-
- The BBS owner learns how to prove the "intent" of his bulletin board
- system. For instance, if a user uploads a copyrighted program and the
- copyright owner sues, how does the BBS owner prove his board is a legitimate
- board which is not in business to encourage this sort of thing?
-
- The attorneys are quick to point out, you can be right; but you,
- the BBS sysop, *must* prove the board's intent for honesty when illegal
- software is uploaded to your board. This is done through a number of
- ways. And more than one is necessary; and some need to be repeated at
- regular intervals through ALL & BULLETIN messages, other than just at
- log on times. The caution is: even if no wrongful intent can be proven
- against you, the financial burden and strain can be onerous.
-
- At a recent advanced computer workshop, Charles learned that WordPerfect,
- Microsoft, and Lotus have formed an organization that watches software
- piracy for them and have proven illegality, prosecuted, and collected.
- Another organization (it may be the one formed by them), Software Publishers'
- Association in Washington, D.C., has, on occasion, offered rewards on
- software piracy information.
-
- SYSLAW is adamant on libel and mistakes posted on a BBS. Statements
- made on a computer BBS that impugn the integrity of another is LIBEL--not
- slander. Slander involves *verbal* communication; Libel involves *written*
- communication. Some of the 'flame' mail or implied statements impugning
- the character of another not only can get impugner sued, but the sysop(s)
- of the board; the board owners, as well as anyone participating in the
- conversation. Charles telephoned New York city and spoke personally with
- the revising author of the second edition, to tentatively be released
- in late summer. The attorney told him, lawyers have the habit of suing
- everyone connected to a case. In one of Charles' medical journals, a
- surgery that went sour-- everyone was sued. The surgeon, assistant surgeon,
- nurses, anesthesiologist; even the poor doctor who stuck his head in the
- operating arena, masked, and asked how it was going! The theory, he understands:
- if you don't have any money, someone else might.
-
- The authors point out that a sysop 'hauled' into court by media lawyers
- will first have the court decide if you're a Media Defendant, in which
- case, you have certain protection under the First Amendment to the U.S.
- Constitution, as interpreted by the Supreme Court of the United States.
- Under Non-Media Defendant, if being sued for character assassination,
- due to what was said on your bo°≠/ you're at the mercy of the laws of
- the state. Laws differ from state to state regarding BBSs. The authors
- urge everyone, in their best interest, to ascertain if their state has
- a computer crime code and become acquainted with it.
-
- In one case I read of, the Federal Marshals/FBI not only seized the
- computer and its peripherals; but notebooks, phone list, notes scribbled,
- as well as tape recorders, and anything that looked electronic. When
- and if it is returned, you can expect damage to your equipment.
-
- This fascinating book covers the ECPA and how it affects you. It
- further details "Searches and Seizures" under the Fourth Amendment. Wallace
- and Morrison outline certain rules to follow and what to do if the inevitable
- happens. They discuss CIVIL SEIZURES--system operators are often amazed
- to find that the claimant can obtain the rights to your BBS equipment,
- under certain civil litigation suits--notwithstanding the usual safeguards
- in a criminal search warrant.
-
- One of the closing chapters in their excellent book is on when to
- see a lawyer; how to find a knowledgeable attorney in the BBS field; his
- cost; what the lawyer will expect from you and what you should expect
- from him.
-
- These are just some of the nuggets of information that we found to
- be real gems. There are many more--get the book, it will help you become
- a better BBS sysop, user, and human being.
- I'll send up shortly information on where the book can be purchased.
- ....Sincerely, ..Kathryn & Charles
-
-
- SYSLAW
- (The Sysop's Legal Manual)
- WHERE TO GET IT
- by
- CHARLES and KATHRYN BROCATO
-
-
- This is a book about BBSes "for law-related material. Sysops who
- are particularly concerned with legal issues should buy a copy of this
- book. Ignorance is no excuse before the law," according to author John
- V. Hedtke, in Using Computer Bulletin Boards.
-
- However, if you tried to locate a copy of this fascinating book,
- you soon discovered it was no where to be found. The reason is that its
- authors, Jonathan D. Wallace, Esq., an attorney by trade, published the
- book himself last year and has since left the legal business, and his
- interest in computers has led him into software enterprises. The co-author,
- Rees Morrison, Esq., is now involved in finance.
-
- Lance Rose, Esq., also an attorney in New York city, has taken over
- Jonathan Wallace's law practice. He also has taken over responsibility
- for revising SYSLOW. "The first edition is officially out of print,"
- but what he is doing is providing copies to interested persons as a courtesy,
- until the second edition previews optimistically in late summer this year.
- The original price of the first edition was $25; Mr. Rose is selling
- the book for $17.50.
-
- He is negotiating with major publishers at this time, such that the
- second edition can be purchased at local bookstores. The first edition
- is legally sound; but the second edition will have a lot more information
- and possibly a number of reports on case highlights regarding BBSes.
-
- For interested persons, a check (no CODs) may be made out to:
-
- Lance Rose, Esq.
- c/o
- Greenspoon, Srager, Gaynin
- Daichman, & Marino
- 825 3rd. Avenue
- New York, N.Y. 10022
-
- Mr. Ross, Esq., may also be contacted on CompuServe (72230-2044)
- or The Well, through his account ID, ELROSE. One may further reach him
- at his law firm at the following telephone number: 212-888-6880.
-
- ....Kathryn & Charles