Date: 26 Feb 1993 05:31:19 (EST)
From: anonymous@anony.mous.edu
Subject: File 2--ACLU Interesting in Rusty & Edie's BBS?

((MODERATORS' NOTE: The following summary was sent to us from a
Clarinet reader. One source cautions that the press may have
over-stated the involvement of the ACLU at this point. Also, the rumor
that the FBI seized the house in which the R&E computers were stored
is apparently not true. Reportedly, the FBI is returning the file
cabinet in which tax documents, house title, and other records were
kept.))

             BOARDMAN, Ohio (UPI) -- The American Civil Liberties
     Union of Ohio says it may challenge the constitutionality of an
     FBI raid that shut down a Boardman computer bulletin board
     service.

             The Jan. 30 raid at the home of Russell and Edwinia
     Hardenburgh was conducted with a search warrant that alleged the
     couple illegally distributed copyrighted software programs
     without permission.

The story reports that the board was one of the largest in the
country, with 124 phone lines. According to the story, R&E's
logged 3.4 million calls since 1984 and more than 4,000 new calls
daily. R&E's had over 14,000 subscribers.

The story summarizes the equipment seized, including business
records and hardware.

             The ACLU's Ohio legal director, Kevin O'Neill, said
     Thursday the FBI copyright infringement allegations might have
     merit, but such allegations are normally resolved in civil
     lawsuits. He noted that Rusty & Edie's 14,000 subscribers are
     more subscribers than many small circulation newspapers enjoy.

             "Shutting down a computer bulletin board is analogous
     to shutting down a newspaper printing press," O'Neill said.
      "Our conception of constitutionally protected public forums
     must be broadened to include new communication networks like
     computer bulletin boards."

The story reports that no charges have been filed against the
Hardenburgs and quotes Mark Kindt, a Cleveland businessman and
former regional director for the Federal Trade Commission, as
comparing the FBI raid to "hunting gnats with an elephant gun,"
and he suggests that the FBI should have been more careful in its
procedures.

             ``Computer bulletin boards are electronic town halls.
     Even if (Rusty & Edie's) pirated the moon, the government should
     have proceeded in a more careful, deliberative manner."

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