From: [C reuters] at [clari.net] (Reuters) Newsgroups: clari.usa.top,clari.tw.computers.misc,clari.usa.gov,clari.tw,clari.usa Subject: High Court Denies Computer Pornography Appeal Organization: Copyright 1996 by Reuters Date: Mon, 7 Oct 1996 13:24:27 PDT Expires: Mon, 14 Oct 1996 11:30:40 PDT WASHINGTON (Reuter) - The Supreme Court Monday denied an appeal by a California couple involving the first conviction under federal law for transmitting obscene materials by computer. Robert and Carleen Thomas of Milpitas, California were convicted in 1994 in Memphis for sending illegal, sexually explicit files from their Amateur Action Computer Bulletin Board System they operated from their home for several years. The system included e-mail, chat lines, public messages and about 14,000 files that members could access, transfer and download to their own computers and printers. After purchasing sexually explicit magazines, Robert Thomas used an electronic scanner device to convert the pictures into files. He also sold sexually explicit videotapes to members. A U.S. Postal Inspector began an investigation in 1993 after receiving a complaint from an individual in Tennessee. The agent, using an assumed name and paying $55 to join, downloaded a number of pornographic files, ordered six videotapes and had several chat-mode conversations with Thomas. Thomas received a 37-month prison term while his wife got 30 months. The government also seized their computer system. The couple's attorneys asked the Supreme Court to hear the case. ``This prosecution represents the first attempt of the federal government to apply content-based regulation to the emerging computer-based technologies,'' they said. They argued that the federal obscenity law, as previously written, did not apply to the files, which were transmitted by computers and thus were not tangible objects subject to the law. They acknowledged that Congress in passing a sweeping telecommunications measure this year amended the law to specifically include computer transmissions of obscene material. The Supreme Court turned down the appeal without comment. In another pornography case, the justices refused to review the conviction of the host and producer of a late-night, cable television program in Austin, Texas, called ``Infosex.'' The call-in program, which aired in 1992 and 1993, discussed human sexuality and emphasized ways to prevent the spread of sexually transmitted diseases, especially the virus that causes AIDS. Host Gareth Rees, who is gay, and producer Terrel Johnson were convicted for promoting obscenity by showing a sexually explicit film, ``Midnight Snack,'' that portrayed gay men in safe-sex acts. They each were placed on one year of probation. Attorneys for the two men argued in the Supreme Court appeal that the First Amendment free-speech guarantee did not permit an obscenity prosecution based solely on a brief excerpt from a two-hour educational show. They also said the First Amendment protected sexually explicit material that had serious educational value. But the justices rejected the appeal without comment.