This is the current newnet policy, changes and updates will be sent to newnet-list@newnet.net and reflected in the file ftp://ftp.newnet.net/ pub/servers/newnet/POLICY.

1. Servers must be approved by the machine or site administrator before being compiled, run, or linked to NewNet.

2. Server admins must keep their server and conf files up-to-date with current newnet standards. This is especially important during these early stages of development since we cannot see how well certain modifications we make as a group will function on the network as a whole until everyone is running the updated server code.

3. Servers will have non-abusive IRC operators. /kill should only be used in extreme situations (flood/clone bots, ghosted users, hung clients only when user@*domain matches.) The main server admins (admins with conf file/machine access) will be responsible for choosing people they trust and that have a knowledge of the duties of an irc oper. Abuse of operator proveleges by any server operator is grounds for link removal. /squit should not be used unless a server needs to be re-routed and the person sending the /squit remote-connects it where it is supposed to go. At no time should /squit be used if the admins of the /squit server are active and can do the routing themselves. At all times /squit and /kill should be commented so all opers know why the action occurred. If you think someone may need to /msg to ask why you killed a user, think of a better comment. A good rule of thumb is, when in doubt..don't.

4. /wallops is not to be used as an operator discussion channel, it is meant to notify opers and interested (+w) users of changing network conditions.

Examples:

/wallops I'm going to reroute server A from server B to server C, any
objections?

/wallops eskimo will be going down for an upgrade in 5 minutes, expect a
netsplit and netjoin in a few.

/wallops should not be responded to with /wallops, use /msg to the sending oper instead. Abuse of /wallops is considered abuse of oper privileges and will be dealt with accordingly.

5. Links for servers will be judged on the following criteria:

a. server stability. If a server has an uptime of 4 hours before it is brought down for some reason or another, it probably won't make a good hub.

b. machine/link speed and stability. If your link is saturated, the server won't do well because it won't have enough bandwidth to keep up with the rest of the network. Memory is also a concern, a hub server takes up more RAM than a leaf, and also more network bandwidth.

c. attitude and abuse level of operators on the server. If you are the server admin, it is your responsibility to see that the operators on your server follow this policy.

d. server configuration and admin knowledge. Not saying you have to know everything there is to know about the server config and unix, but a server that is configured properly and is running the most current version stands a much better chance of getting an H: line.

6. Servers should not be hacked except by the group working on the protocol updates. All servers need to require identd authorization to connect, even for their own hosts. Identd is widespread enough (they even have it for windoze, etc) that this will not be a problem. I am working on the code right now so the connection problems with identd will be fixed.

7. IRC operators must be willing to help users to the extent needed to maintain a trouble-free, good-natured net. This does not mean opers have to hold users' hands and walk them through everything, but at least point them to a good source of information.

8. Bots are allowed on NewNet, but not to the point of being abusive. Any takeover, clone, flood, or annoybots should be /killed and the user's account K: lined from the server they were using. We may also want to discuss global K: lines for this type of user. Non-abusive bots are not to be killed. 4 or more connections from a single user@host are considered abusive bots and should be K: lined.

9. When a user is K: lined, email them and tell them why. At the server admins' discression, a K: lined user can be allowed back on newnet. For clonebots or abusive behavior, cc: mail to root@theuser's domain or provider and newnet-list@newnet.net.


-- Derek Wildstar

THE DARK SIDE

Any powerful technology seems to bring with it a dark side. The technology to split the atom brought nuclear energy and nuclear bombs. Biotechnology has provided new cures for life threatening and disfiguring disease, it has also allowed the development of new lethal pathogens for germ warfare.

The Internet has the ability to bring people from distant regions of our plant together to share ideas and culture. It allows instant access to huge volumes of information all around the globe. It allows us to see art in a museum in Paris. We can see pictures of Europa direct from NASA within hours of their arrival from a distant spacecraft passing by Jupiter.

Unfortunately, some individuals have found the Internet to be yet another means to exploit people, and this is most grievous when it involves children. The distribution of child pornography is the darkest side of the net. It is an issue we must address.

Using oper privileges to attempt to ban someone trading child pornography over the net is largely ineffective because the individuals change nicks, ident, IP addresses, IRC servers, and even providers to avoid such bans. Even if we were successful at getting them off this net with that stratedgy, they would just go to another net with less effective controls and they would still be out in the community at large where they represent a direct physical threat to children. Additionally, if we allow oper privileges to be used in this way, then anyone that has a bone to pick with someone will claim child pornography was the reason they were banned. We have already seen this with one group of individuals who have been using child pornography as an excuse to further a hate agenda.

The proper response to this problem is to involve law enforcement by providing them with the information necessary to investigate and prosecute these people. This not only gets these individuals off of NewNet and the Internet altogther, but it also gets them off the streets so that they cease to be a physical threat to children.

Just prior to writing this, I met with US Customs, the law enforcement agency responsible for enforcement of laws relating to the importation and distribution of child pornography within the United States. I've come away with this with some information that I hope will be useful.

From past discussions on the NewNet mailing list, it is apparent to me that some people don't even know what child pornography is. Every picture of a naked kid does not constitute child pornography. Probably a good place to start is with the definitions in the applicable statutes. The following is quoted from material provided to me by US Customs:

Among the statutes applicable to child pornography are the following statutes amended as of September 30, 1996:

1. Title 18, United States Code, Section 2252 (a)(1) provides criminal penalties for any person who knowingly transports or ships in interstate or foreign commerce by any means, including by computer, any visual depiction if --
1. the producing of such visual depiction involves the use of a minor engaged in sexually explicit conduct; and
2. such visual depiction is of such conduct;
2. Title 18, United States Code, Section 2252 (a)(2) provides criminal penalties for any person who knowingly receives, or distributes, any visual depiction that has been mailed, or has been shipped or transported in interstate or foreign commerce, which contains materials which have been mailed or so shipped or transported, by any means including computer,..., if -
1. the producing of such visual depiction involves the use of a minor engaged in sexually explicit conduct; and
2. such visual depiction is of such conduct;
3. Similarly, Title 18, United States Code, Section 2252A (a)(1) and (2) provides penalties for any person who -
1. knowingly mails, or transports or ships in interstate or foreign commerce by any means, including by computer, any child pornography;
2. knowingly receives or distributes -
1. any child pornography that has been mailed, or shipped or transported in interstate or foreign commerce by any means, including by computer, or
2. any material that contains child pornography that has been mailed, or shipped or transported in interstate or foreign commerce by any means, including by computer.
3. Title 18, United States Code, Section 2256(1), defines "minor" for purposes of Title 18, United States Code, Sections 2252 and 2252A, as "any person under the age of 18 years." Title 18, United States Code, Section 2256(2), defines "sexually expicit conduct" for the purpose of Title 18, United States Code, Sections 2252 and 2252A, as actual or simulated:
1. sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex,
2. bestiality,
3. masturbation,
4. sadistic or masochistic abuse, or
5. lascivious exhibition of the genitals or pubic area of any person.
4. Title 18, United States Code, Section 2256(8)defines "child pornography" to mean:

any visual depiction, including any photograph, film, video, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, where--

1. the production of such visual depiction involves the use of a minor engaging in sexually explicit conduct;
2. such visual depiction is, or appears to be, of a minor engaging in sexually explicit conduct;
3. such visual depiction has been created, adapted, or modified to appear that an identifiable minor is engaging in sexually explicit conduct; or
4. such visual depiction is advertised, promoted, presented, described, or distributed in such a manner that conveys the impression that the material is or contains a visual depiction of a minor engaging in sexually explicit conduct;...

The federal statutes dealing with and defining child pornography are the Child Protection Act, Title 18 United States Code, sectiosn 2251-2255. Section 2252 of this law forbids knowingly transporting, shipping, or receiving child pornography through interstate or foreign commerce by computer or the mails, or reproducing the child pornography for that purpose. The principal elements in this case are:

• knowingly transports or ships in foreign commerce, by any means including computer, any visual depiction, if;
1. the production of such visual depiction involves the use of a minor engaging in sexually explicit conduct; and,
2. such visual depiction is of such conduct.
• knowingly receives or distributes any visual depiction that has been shipped or transported in foreign commerce by any means including by computer or knowingly reproduces any visual depiction for distribution into foreign commerce by any means including computer if;
1. the production of such visual depiction involves the use of a minor engaging in sexually explicit conduct; and,
2. such visual depiction is of such conduct.
• knowingly possesses three or more books, magazines, periodicals, files, video tapes, or other matter which contains any visual depiction that has been shipped or transported in foreign commerce by any means including computer, if;
1. the production of such visual depiction involves the use of a minor engaging in sexually explicit conduct; and,
2. such visual depiction is of such conduct.

• "Minor" is defined as any person under the age of 18 years.
• "Sexually explicit conduct" means actual or simulated:
• sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex;
• bestiality;
• masturbation;
• sadistic or masochistic abuse; or
• lascivious exhibition of the genitals or pubic area of any person.
• "Visual depiction" includes undeveloped film, videotape, and images stored magnetically such as on computer disks.
• "Lascivious exhibition" is considered on a case-by-case basis, aggrivating factors include:
• whether the focal point of the camera is on the child's genitalia or pubic area;
• sexually suggestive setting;
• child depiicted in an unnatural pose;
• child in inappropriate attire considering age;
• suggestion of sexual coyness;
• depiction designed to elicit sexual response.

Child erotica is a broader and more encompassing term than child pornography. Child erotica can be defined as any material relating to children, fantasy writings, diaries, ordinary photographs of children, psychological books on pedophilia, drawings, etc. Generally, possession and distribution of these items does not constitute a violation of the law.

Legally defined, the written word is never child pornography. Writings may fall within the realm of "child erotica" and may be unlawful under the obscenity statutes, but are never child pornography.

US Customs is the agency responsible for enforcement of laws relating to child pornography. Special agent Kristina S. Laidler has agreed to be a point of contact to accept reports of this nature. Naturally the more detailed information we can provide to Customs, the more effective they can be at dealing with this problem.

Information to include if at all possible:

• The IRC server and network.
• The Channel name(s).
• A description of the material being distributed if known. However, do not ask to receive child pornography. If you do not know the exact nature of the material, relate what you do know to customs and they can investigate further. In other words, don't break the law to help enforce it.
• The duration of the event. How long is the channel active? This can help customs prioritize their work.
• The idenity of the users involved to the extent which it can be determined. I would suggest doing a /whois on the nick of anybody offering to distribute or requesting child pornography.
• Date and Time as accurate as possible.

Contact:

US Customs Special Agent Kristina S. Laidler
Department of the Treasury
United States Customs Service
Office of Enforcement
1002 2nd Avenue, Suite 2300
Seattle, Washington 98104
(206) 553-8047