This is a letter written by Harvey Silverglate, one of David
Lamacchia's attorneys, in response to an editorial in the _Boston
Globe_ on Wednesday, April 13th, entitled "Stealing in cyberspace."




                                   April 13, 1994

Letters-to-the-Editor
The Boston Globe
Boston, MA 02107--2378
Internet: letter@globe.com

Dear Editor:

     Your editorial ("Stealing in cyberspace") on the David
LaMacchia prosecution demonstrates a surprising (for a
newspaper) lack of understanding of the First Amendment issue
in the case.

     The issue is not, as posed in your editorial, whether
the First Amendment "sanctions the free dissemination of
someone else's copyrighted material."  (The _Globe_ ignores
the fact that LaMacchia is *not even charged* with a criminal
copyright violation -- because there is no such violation
here.)  Rather, the issue is whether the systems operator
(SYSOP) of a computer bulletin board system (BBS) devoted to
a wide variety of communicative uses by people of varying
intentions and purposes, some good and some questionable, may
be held criminally liable under the wire fraud statute for
the actions of those who use the system for arguably improper
purposes.

     Consider the newspaper editor who accepts classified ads
for dating services, knowing that some are covers for
prostitution rings.  Should the editor be held criminally
responsible every time one of the prostitution rings is
uncovered, on the theory that the newspaper "knowingly
allowed" itself to be used to "facilitate" prostitution?  The
First Amendment says "no."

     You say that "cyberspace is not amoral" and that "the
laws of the earth" should apply.  That's exactly the point --
the First Amendment, which applies to *print* media here on
earth, should apply equally to *electronic* media.  And the
copyright laws should govern the case, not some tortured
interpretation of the vague wire fraud statute.  All David
LaMacchia wants is to be protected to the same extent as the
editor of the _Globe_.


                              Sincerely,
                              [signed] 
                              Harvey A. Silverglate
                              Attorney for David LaMacchia