Massive Articles / Legal Matters
Extending The Constitution To American Cyberspace
To Establish Constitutional Protection For Electronic Media And To Obtain Redress For An Unlawful Search, Seizure, And Prior Restraint On Publication, Steve Jackson Games And The Electronic Frontier Foundation Today Filed A Civil Suit Against The United States Secret
Service And Others.
Bookmark this Article
destroyed Steve Jackson Games (SJG), an award-winning publishing
business in Austin, Texas.
In an early morning raid with an unlawful and
unconstitutional warrant, agents of the Secret Service conducted a
search of the SJG office. When they left they took a manuscript
being prepared for publication, private electronic mail, and several
computers, including the hardware and software of the SJG Computer
Bulletin Board System. Yet Jackson and his business were not only
innocent of any crime, but never suspects in the first place. The
raid had been staged on the unfounded suspicion that somewhere in
Jackson's office there "might be" a document compromising the
security of the 911 telephone system.
In the months that followed,
Jackson saw the business he had built up over many years dragged to
the edge of bankruptcy. SJG was a successful and prestigious
publisher of books and other materials used in adventure role-playing
games. Jackson also operated a computer bulletin board system (BBS)
to communicate with his customers and writers and obtain feedback and
suggestions on new gaming ideas. The bulletin board was also the
repository of private electronic mail belonging to several of its
users. This private mail was seized in the raid. Despite repeated
requests for the return of his manuscripts and equipment, the Secret
Service has refused to comply fully.
Today, more than a year after that raid, The Electronic
Frontier Foundation, acting with SJG owner Steve Jackson, has filed
a precedent setting civil suit against the
United States Secret Service, Secret Service Agents Timothy Foley and
Barbara Golden, Assistant United States Attorney William Cook, and
Henry Kluepfel.
"This is the most important case brought to date,"
said EFF general counsel Mike Godwin, "to vindicate the
Constitutional rights of the users of computer-based communications
technology. It will establish the Constitutional dimension of
electronic expression. It also will be one of the first cases that
invokes the Electronic Communications and Privacy Act as a shield and
not as a sword -- an act that guarantees users of this digital
medium the same privacy protections enjoyed by those who use the
telephone and the U.S. Mail."
Commenting on the overall role of the Electronic
Frontier Foundation in this case and other matters, EFFs
president Mitch Kapor said, "We have been acting as an organization
interested in defending the wrongly accused. But the Electronic
Frontier Foundation is also going to be active in establishing
broader principles. We begin with this case, where the issues are
clear. But behind this specific action, the EFF also believes that
it is vital that government, private entities, and individuals who
have violated the Constitutional rights of individuals be held
accountable for their actions. We also hope this case will help
demystify the world of computer users to the general public and
inform them about the potential of computer communities."
Representing Steve Jackson and The Electronic Frontier
Foundation in this suit is James George,Jr. of Graves, Dougherty,
Hearon & Moody of Austin, Rabinowitz, Boudin, Standard, Krinsky &
Liberman of New York,and Harvey A. Silverglate and Sharon L. Beckman
of Silverglate & Good of Boston .
Copies of the complaint, the unlawful search warrant,
statements by Steve Jackson and the Electronic Frontier Foundation, a
legal fact sheet and other pertinent materials are available by
request from the EFF.
---
Also made available to members of the press and electronic media on
request were the following statement by Mitchell Kapor and a legal
fact sheet prepared by Sharon Beckman and Harvey Silverglate of
Silverglate & Good, the law firm central to the filing of this
lawsuit.
WHY THE ELECTRONIC FRONTIER FOUNDATION IS BRINGING SUIT ON BEHALF OF
STEVE JACKSON.
With this case, the Electronic Frontier Foundation begins a new
phase of affirmative legal action. We intend to fight for broad
Constitutional protection for operators and users of computer
bulletin boards.
It is essential to establish the principle that computer bulletin
boards and computer conferencing systems are entitled to the same
First Amendment rights enjoyed by other media. It is also critical
to establish that operators of bulletin boards JQJ whether
individuals or businesses JQJ are not subject to unconstitutional,
overboard searches and seizures of any of the contents of their
systems, including electronic mail.
The Electronic Frontier Foundation also believes that
it is vital to hold government, private entities, and individuals
who have violated the Constitutional rights of others accountable
for their actions.
Mitchell Kapor,
President, The Electronic Frontier Foundation