THE ELECTRONIC IDENTITY
                                by
                          Robert Parson

     A Sysop deletes a message by a user.  Next thing you know, 
there's a bitter argument going on between the user and the Sysop.  
Usually it goes something like this:

Sysop:    It's my computer, my BBS and what I say goes.
User:     What about my First Amendment right to Freedom of Speech?
Sysop:    [No answer]
User:     Well?  If you aren't going to let me say what I want 
          when I want I'm just not going to call anymore.
Sysop:    Fine.  I'm deleting your account anyway.

     What a sorry state of affairs.  I am truly saddened when I 
see something like this.  But let me come out squarely in favor of 
the Sysop.

     As soon as the modem CONNECTs, we lose our First Amendment 
Rights.  For the record, the First Amendment says "Congress Shall 
make no law respecting an establishment of religion, or 
prohibiting the free exercise thereof: or abridging the freedom of 
speech, or of the press; or the right of people to peaceably 
assemble, and to petition the government for a redress of 
grievances."

     The key word, for our purposes, is "Congress."  The First 
Amendment guarantees specifically that the Government will not 
restrict what we say or write.  It says absolutely nothing about 
what a citizen or corporation can or cannot do to restrict free 
speech.

     A Sysop is perfectly within his rights to delete messages and 
files and even purge active users.  In the case of someone 
providing an information driven service such as a Computer 
Bulletin Board, the First Amendment Rights of the System Operator 
SUPERSEDE the rights of the User.  This is because Congress cannot 
tell the Sysop what to do.

     This also applies to the National Online Services such as 
America Online, Compuserve, Delphi, GEnie, and Prodigy.  Normally 
when you sign up for a National Service, you are also provided 
with a Member Agreement of some sort.  You either abide by the 
Agreement or you are booted out.  Usually, though, you are given 
plenty of opportunities to redeem yourself before they cancel your 
membership.  After all, they hate to lose a paying customer.

     But wait, the Sysop or National Service does not have 
unlimited powers.  Despite the wide freedoms granted under the 
First Amendment, there are some restrictions.  The National 
Services are well aware of these restrictions, and the Friendly 
Neighborhood Sysop needs to know.

     The Sysop is ultimately responsible for everything that is on 
a Bulletin Board.  That means if there is any kind of legal 
action, the Sysop could be fined, or even thrown into jail.  Most 
cases we've heard about have dealt with pirate software-- 
distribution of commercial software on a BBS.  But that 
responsibility extends to the message bases as well.

     Most Sysops do not allow personal attacks in message bases.  
This is not only good manners, but it makes good legal sense as 
well.  If a User writes a message that includes slanderous remark, 
not only is the user liable, but the Sysop is liable as well.  
That means the injured party can sue the writer of the remark and 
the Sysop for Big Bucks.  Keep in mind there is a difference 
between constructive criticism and slanderous remarks.

     For instance, you can write "Robert, your article about 
Sysops and the First Amendment is wrong.  My interpretation of the 
First Amendment is that I can say whatever I want whenever I want 
where ever I want."  But you can't say "Robert, you are wrong and 
you are a fool."

     I MAY be wrong, but I am not a fool.  Thus, I can sue you.  
Unless you can prove in court that I am a fool, which is unlikely, 
I might be able to get a million dollars from you.  And because it 
appeared on a Bulletin Board I could seek damages from the Sysop 
also.  In addition, if it appeared on a nationally distributed 
echo, I could sue the Conference Moderators and the Network 
Administrators.

     The Disclaimer we've seen on most BBSs that the Sysop "is not 
responsible for damages arising from use of this Bulletin Board" 
may not be quite sufficient.  Reporters still get thrown in jail 
for not revealing their sources, First Amendment notwithstanding.

     Even though we enjoy wide freedoms as a result of the First 
Amendment, the First Amendment does not protect slander, libel or 
otherwise illegal activities. 

     I haven't heard of any libel or slander cases that resulted 
from a message or a bulletin written on a BBS, but that doesn't 
mean they haven't occurred.  But as BBSs and National Online 
Services become more prevalent in our society the more likely 
someone will get sued.

     This may also open up a market for an Insurance Entrepreneur 
to develop a product line that would cover Sysops in the event of 
these types of damages.  But that's another matter entirely.

_______

     We haven't heard much about it this year, but I thought I 
might remind you that the Michaelangelo Virus is still haunting 
us.  Now would be a good time to run a virus checker before it 
strikes on March 6th.

     Don't forget it's ALWAYS a good idea to run a virus checker 
on all new software.

     Most Sysops go to great pains to ensure that shareware and 
public domain software on their systems are virus free.  But that 
doesn't mean a virus won't sneak through on occasion.

     In addition, there have been several cases in the past year 
in which original distribution disks of commercial software were 
infected.

     Practice safe Hex.

                                          (c) 1993 Robert Parson