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Judge lets civil rights lawsuit proceed that Usenet provider filed against Pa. police after being raided.
Declan McCullagh is the chief political correspondent for CNET. You can e-mail him or follow him on Twitter as declanm . Declan previously was a reporter for Time and the Washington bureau chief for Wired and wrote the Taking Liberties section and Other People's Money column for CBS News' Web site.

What: An Internet service provider files a civil rights lawsuit after being raided by Pennsylvania police in January 2004.

When: U.S. District Judge Mary McLaughlin in the eastern district of Pennsylvania rules on August 30.

Outcome: A partial victory for both sides, with the lawsuit proceeding but some of the company's claims rejected.

What happened, according to court documents and news reports:

Voicenet Communications and subsidiary Omni Telecom were raided in January 2004 as part of an Bucks County, Pa., investigation into child pornography. During the raid, servers and other computer hardware were, according to the companies, "illegally seized" and business operations were substantially impaired.

The servers included data distributed through Usenet, a sprawling and decentralized collection of discussion groups called newsgroups . Discussion topics include everything from soc.history to rec.aviation, sci.nanotech, and alt.sex.exhibitionism.

Some newsgroups feature sexual discussions and a few include erotic photographs and videos. Because the volume of daily Usenet posts is far too vast for any human to read, ISPs are almost never aware of the contents of individual messages.

Voicenet and Omni Telecom claim that the raid went too far--akin to the police raiding a phone company and hauling away its switches and networks as part of an investigation into prank phone calls. Their civil rights lawsuit claimed violations of federal law, state law, and--because their customers were precluded from continuing in discussions--the First Amendment.

The raid was closely watched by other Internet and Usenet providers at the time, because of the nature of Usenet: A post by any user is automatically distributed to thousands of servers at corporations, ISPs, and universities. That means, in other words, if one Usenet provider is liable for illegal content on its servers that it doesn't even know exists, any provider could be potentially liable as well.

In her order last week, U.S. District Judge Mary McLaughlin permitted the case to go forward but with some caveats. She sided with Voicenet on some points and the Bucks County district attorney on others.

Excerpt from Judge McLaughlin's opinion:

The plaintiffs, Usenet newsreader and Internet service providers, have sued several Commonwealth and local law enforcement officials under (federal civil rights laws) for violations of their constitutional and statutory rights in connection with the execution of a search warrant on the plaintiffs' premises on January 21, 2004.

The defendants have moved to dismiss counts II through VI of the complaint, which allege deprivations of rights under the Communications Decency Act, the Electronic Communications Privacy Act, Pennsylvania's Internet Child Pornography Law, the Commonwealth Attorneys Act, and the Fourth and Fourteenth Amendments...The defendants have not moved to dismiss count I, for deprivation of freedom of speech under the First and Fourteenth Amendments, or count VIII, for violation of the Commerce Clause. These claims go forward...

The Court will grant the defendants' motion in part, and deny it in part. Specifically, the Court will dismiss the plaintiffs' due process claims based on alleged violations of the ICPL and the Commonwealth Attorneys Act. The Court will also dismiss the plaintiffs' ECPA claim. The CDA claim may go forward, but only to the extent that the plaintiffs seek declaratory or injunctive relief; the defendants are entitled to qualified immunity from damages because the plaintiffs' rights under the CDA were not clearly established at the time of the alleged violation. The Fourth Amendment claim may go forward because it is too early for the Court to determine whether all of the defendants reasonably relied on the search warrant in question.

The CDA provides, in relevant part: "No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider." The CDA further provides: "No cause of action may be brought and no liability may be imposed under any State or local law that is inconsistent with this section."

In count II of the complaint, the plaintiffs allege that the defendants violated their rights under the CDA by enforcing against them...a state statute that criminalizes the knowing distribution and possession of child pornography. The defendants have moved to dismiss count II on the grounds that: 1) the CDA does not confer an enforceable right, privilege, or immunity...and 2) to the extent that the CDA does confer an enforceable right, it provides immunity from only civil, not criminal, liability.

Despite the defendants' arguments, the Court is persuaded that the plaintiffs have stated a...claim based on a violation of their rights under the CDA. The Court finds that all of the defendants are entitled to qualified immunity from money damages, however, because the plaintiffs' rights were not clearly established at the time of the actions giving rise to this litigation.

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Ever heard of Usenet before? Totally understandable! Even with a growing community of users and enthusiasts, this incredible communication platform has successfully remained under wraps for longer than anyone anticipated.
It might be hard to believe, but this platform actually made its debut decades ago, even before the world wide web. It was there before all the websites, the blogs, the emails, and even our popular social media platforms came forward.
That being said, the platform is expected to hang around for many more years to come and even though currently provides excellent service, it still has a long way to go in order to be able be useful for the masses.
To give you a little bit of an idea, Usenet feels a lot like a cross between Reddit Usenet and BitTorrent and is one of the oldest communication networks that still exist. If you like spending time chatting with friends online, love entering different discussions and forums, are a huge fan of downloadable media, videos, and high-speed surfing, Usenet might be right up your alley!
In this article, we’ll talk about what Usenet really is, how it works and what to look for when you’re opting for a Usenet subscription.
To put it simply, the Usenet may be described as a humongous, world-wide collection of discussion groups, along with a collection of messages in each of these discussion groups. Each discussion group has its own name, and the messages in these groups are called ‘articles’ and are posted by contributors, readers, and enthusiasts all around the world—much like you! These messages and conversations are then saved on the Usenet servers.
This dual capability of being able to both, read and write into a newsgroup on the Usenet is what really sets it apart from the world wide web or what we generally call, ‘the internet’, which is largely read-only.
True, we have forums and discussion groups and there are social media engagement opportunities and emails on the internet, but Usenet, to date, remains the single most convenient platform for hosting huge communities encouraging large-scale discussions.
This happens because your messages or your ‘articles’ are replicated to your local Usenet servers, which lets you easily read and as well as write messages without having to access the Internet, which is a great option if you have slower internet links.
Another advantage of Usenet is that the bandwidth of Usenet articles is far lower than what the internet would use for communication. This is because, unlike emails in a typical inbox, Usenet articles don’t sit in each and every member’s mailbox.
In the case of the internet, let’s say, for example, 10 different members of an email subscription at a company will have ten copies of each email copied to their mailboxes every time someone replies on the thread. On the other hand, in the case of the Usenet discussion group, there is only one copy of an article. This makes sure to use space and bandwidth conservatively.
Usenet was built with a plain-text-only format and it didn’t take users long to figure out that they could actually upload (and download) binary data using Usenet! These data files included videos, images, and even audio files, making media-sharing fast, easy, and secure.
Here is how Usenet typically works:
Today Usenet has evolved to form a highly complex and well-structured network for communication and hosts millions of newsgroups, letting people connect, communicate and exchange views safely and securely.
If you’re a new user, this could take a while to get used to, but once you figure out your way around the platform, you can get around easier than ever! Here are the basic steps you’ll need to follow to use Usenet.
Before you begin, make sure that you are anonymous and safe on the Usenet by subscribing to a high-quality, professional-grade VPN. If you’ve been looking for one, Try Ivacy.
Next, subscribe to a Usenet provider to be able to access the platform.
Once you’ve done that, you’ll need to select a newsreader. This is where you will be able to access newsgroups, lookup, download and upload media, and communicate with other Usenet users.
Finally, you can search the Usenet search engine for newsgroups that you’re interested in using their specific names. There are different ways to do this; some popular ones include using newsgroup hierarchies, NZBs Usenet Indexer, and text articles.
When you’re looking to get a Usenet Subscription, there are several factors that can help you decide which one of the Usenet providers is the best for you. When going for a subscription, make sure that you look for longer retention periods. This will make sure that you have a wider variety of files to download for a longer period of time.
The next thing you should look into are transfer limits. Some providers offer limits to the amount of data you can use for downloads, while other offer unlimited data. It’s best to opt for an unlimited data range for true freedom of downloads.
Other factors that are worthy of considering are the number of server connections, availability of SSL/TLS to support your downloads, and of course, price.
Usenet uses TCP/IP to allow users to communicate and exchange messages with the help of an NNTP protocol. The platform lets users post messages to newsgroups, and upload and download files securely.
The World Wide Web, in comparison, can be described as a collection of standalone servers that are used to retrieve web pages, communicate, stream and exchange messages with the help of the HTTP/HTTPS protocol.
Usenet is completely legal and can be compared to the internet.
Yep, Usenet is very much still around.
No, it’s still very commonly used by many people around the world. In fact, people actually buy Usenet subscriptions.
No, Usenet is not a part of the dark web, nor is it part of it. Usenet is Clearnet, however, like any other website, it is possible to host a Usenet website on the darknet.
Being a decentralized network, it’s hard to track downloads and activity on Usenet, however, using a VPN with it further improves the security around the platform.
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{"email":"Email address invalid","url":"Website address invalid","required":"Required field missing"}
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