Suit threatens cyberspeech Scientologists target Internet Phoenix Gazette Monday, August 21, 1995 By David Hoye [A nearly identical article, also by David Hoye, appeared on page 1 of the same day's _Arizona Republic_, with the headlines Scientology may muzzle Internet Online free speech challenged in suit] Arnaldo Lerma has been dragged to the front lines of a war that could affect everyone with a computer and modem. The 44-year-old Arlington, Va., man was sued Aug. 11 for copyright infringement and found his computer equipment confiscated through a court order sought by the Church of Scientology, which claims he illegally spread church secrets on the Internet. Lerma's case is only the latest to pit Scientologists against users of the free-wheeling Internet, where many argue that freedom of speech means the right to say or print almost anything. Scientologists, however, have drawn a line in cyberspace. And in doing so, they have fanned fears among Internet veterans that their long-held freedoms soon may be abridged. The church isn't just blaming people like Lerma, but also the companies that provide them access to the Internet. If they succeed, some claim it will lead to unprecedented censorship in cyberspace. "We are very, very concerned," said Shari Steele, legal services director for the Electronic Frontier Foundation, an Internet watchdog group. "Messages are going to start being censored. That's not what we want. We want to encourage free speech." Lerma, a former church employee, is still reeling from a lawsuit filed against him and the company that provides him Internet access. In connection with the federal copyright-infringement lawsuit, the church won a court order to have $3,500 worth of Lerma's computer equipment confiscated. A few questions about the issue reduced Lerma to tears. "They took everything," he said. "I'm an old sky diver. I thought I could face anything. But this has been one long, opening shock, like those few seconds after you jump but before your chute opens." The Church of Scientology, a religious movement founded 43 years ago by the late L. Ron Hubbard, targeted Lerma after he electronically posted a lengthy document the church considers confidential, but which he said was available in public court records. The document, which quickly became hot property on the Internet, details secrets of the church, such as how its members progress through levels of spirituality. In February, the church sued Dennis Erlich of Glendale, Calif., and two companies that provide him online access, alleging they violated copyright laws by posting private church documents and other information on a computer bulletin board. 'Copyright terrorists' Helena Kobrin, attorney for the Scientologists, said the suits were last resorts. She said that both men and their online service providers were asked to stop distributing church material and that all refused. "I view them as copyright terrorists," she said. "They aren't killing people, but they're killing rights. Some people think (the Internet) is a new medium and none of the laws apply. And that's just not true." Lerma, who spent seven years as a church missionary and financial manager, says he quit in 1977 amid threats of bodily harm after church leaders discovered he and Hubbard's daughter planned to elope. Lerma and the daughter did not marry. Eighteen years later, Lerma found himself cruising the Internet, exchanging messages with others who had had bad experiences with the church. That's when he decided to post church documents on the Internet. "I did it to inform the public about the true nature of what they're getting involved in when they hear that line, 'Would you like to take a free personality test?' " Lerma said, repeating the line he claims church representatives use on prospective members. Since then, the Internet has been abuzz with comments about the documents and the church's attempts to silence opponents. In addition to the lawsuits, Internet users have accused Scientologists of secretly trying to kill messages against the church. Some claim that church opponents have received intimidating visits, telephone calls and faxes. Kobrin said claims that the church was trying to intimidate its opponents were "absurd." As for the messages, she said, "From what I've seen, they're complaining about messages with copyrighted material that shouldn't have been there anyway." Providers threatened But the big concern is that Scientologists have chosen to sue not only individuals, but also the companies that provide them access to cyberspace. "That's a very big issue here," said Jim Lippard, an administrator with Phoenix-based PrimeNet, an online service provider. "This will be a precedent-setting case for law on the Internet." Steele and others argue that online companies should be treated like telephone companies, which are not held responsible for what people say on their systems. Internet proponents are afraid that a court ruling against any of the online providers could push them and other such companies to impose draconian measures to control what's said in cyberspace. Kobrin said the church isn't asking for the impossible. "We're only asking you to do something when we give you notice," she said. "We're not asking anyone to prescreen everything." Meanwhile, Lerma is struggling with what to do next. He says he has not hired a lawyer and can't work or file his taxes because all the information is stuck on the confiscated computer equipment. The opinionated Internet user has been shaken. "Whenever I posted stuff to the net, I'd end it by saying, 'I'd prefer to die speaking my mind than to live fearing to speak,' " Lerma said. "I still live by it. I hope I don't die by it." There's more on the Net Want more information about the Church of Scientology and its clash with the Internet? It's available on, of course, the Internet. Here are a few places to look: --> Usenet newsgroups, including alt.clearing.technology and alt.religion.scientology --> The World Wide Web, including http://www.cybercom.net/rnewman/scientology/home.html and http://www.theta.com/goodman/ Note: In the first Web address, there's a tilde between net/ and rnewman.