Date   : Sun, 10 Feb-1985 12:52:19 PST
From   : Lauren Weinstein <vortex!lauren@RAND-UNIX.ARPA>
Subject: MOG-UR dismissal -- doesn't establish a point of law

It seems unlikely that this represents a test case for anything.
There were a number of factors in this particular case that make
it very specific and unlikely to form any basis of law.

In particular, it involved only one particular message and not
a pattern of messages.  What would happen with BBS's that routinely
allowed the posting of such messages with credit card numbers,
libelous or copyrighted materials, etc.?  I'll give odds that in
that kind of case, there would be sufficient evidence to proceed with
the prosecution.

It should also be noted that another case (more serious than
the MOG-UR case) is already apparently in its early stages.
It supposedly involves a BBS that was set up and used by Neo-Nazis to 
discuss and plan various illegal activities.  The operator of the BBS
has publicly claimed that he doesn't know anything about what
people discuss on his system -- he doesn't care.  Both the U.S.
and Canada are apparently involved with the case.

In other words, I don't think we're looking at any kind of
general ruling from MOG-UR (in fact, I know we're not,
since a prosecution dismissal does not establish any points of law) and
I would expect to see additional actions taken against 
systems--but presumably using more than a single message as evidence.
There was simply not enough evidence in the MOG-UR case for them
to proceed, but there will be other cases.

--Lauren--