The Boulder Community Network is one of the more advanced community networks in the country. The technical quality and community involvement are both exceptional. The amount of community information, particularly from local and regional government, is quite comprehensive.

It appears that a firm foundation has been set for the introduction of a larger degree of interactivity with and among the community. The real value of ongoing, interactive discussion will take place through conferencing software integrated within the BCN system, and keyed to the subject areas covered by BCN's rich array of information.

The purpose of this white paper is to suggest the outlines of how interactive discussion can be enabled on BCN, and to raise issues that need to be addressed in implementing such discussion. The paper will offer thoughts on the following topics:

• Goals of Conferencing
• Enabling Technology
• Policy Issues

The primary goal of conferencing is to add a greater degree of interactivity to the system, in order to take advantage of the capabilities of information technology. Conferencing will enhance usefulness of data that is made available on the system by all owing users to communicate among themselves and direct each other to useful areas. Conferencing also encourages civic participation. One of the fundamental tenets of a democracy is the ability to discuss the issues of the day. Computer conferencing can restore some of the interactivity that is lost with growth in the size of a community.

Conferencing components can also be keyed to existing governmental processes that incorporate citizen participation. Again, information technology can help citizens become better informed about issues and take better advantage of the limited personal time they can devote to public issues.

ENABLING TECHNOLOGY

Intelligent selection of conferencing software and hardware design are crucial to enable workable and effective conferencing. Questions include: should conferencing be Web-based from the start (how many people currently access BCN via the Web vs. via telnet or dialup?); should commercial or custom software be used?

Desirable Features for Conferencing Software:

• clear topics not divergent "threads"
• serial readability
• preservation of archives
• links/pointers to data embedded in postings

Selected Web Based Conferencing Applications

POLICY ISSUES: Human Engineering

Computer conferencing has been around for twenty years or more, on private systems or on the Usenet newsgroups that proliferated across the Internet. The benefits of conferencing have often appeared obvious, but so have a number of drawbacks, with "flaming", "spamming" and other neologisms coined to describe the various dysfunctions that may visit computer mediated communication. A number of features may be desirable in terms of engineering the conferencing for BCN:

Real Names - The use of real names, and inability of users to hide behind anonymity or pseudonyms, often acts to moderate the behavior of on-line participants.

Hosts - The presence of volunteer hosts who have demonstrated responsibility and experience in both subject matter and facilitating discussion may be useful in keeping discussions focused and productive.

Participation by Officials - In discussions pertaining to public policy issues, it may be desireable to facilitate participation by elected officials or agency professionals. Some evidence suggests that effective conferencing tends to give officials incentives to become active. In any case, designing systems for participation that minimize time demands may be helpful.

Participation by Advocacy Groups - Attracting the range of interests represented in the community is one of the ultimate goals. Representation should be actively encouraged.

Commentary on other systems that have attempted this kind of conferencing.

POLICY ISSUES: Legal

Liability for things written in such discussion groups has been a concern in both public and commercial online services. Early case law seems to indicate that network providers may not be held liable for statements made on their systems, as long as the provider does not exercise editorial control over what is stated. A clear policy should be in place and users informed about it. Users might be required to sign an agreement to abide by such a policy.

Following are summaries of two recent cases, which may be relevant but are not identical situations to a community network.

Cubby v. Compuserve

• CompuServe (CCI) offers service Rumorville USA, published by DFA. Contract with CCI provides that DFA "accepts total responsibility for the contents " of Rumorville.

• CompuServe has no opportunity to review Rumorville's contents.

• Plaintiff Cubby, Inc. claimed Rumorville published false and defamatory statements about their service. Claims for libel, business disparagement and unfair competition.

• "New York courts have long held that vendors and distributors of defamatory publications are not liable if they neither know nor have reason to know of the defamation." Lerman v. Chuckleberry Publishing Inc.

• CompuServe's CIS product is in essence an electronic, for-profit library that carries a vast number of publications.

• Once it does decide to carry a publication, it will have little or no editorial control.

• CompuServe has no more editorial control over such a publication than does a public library, book store, or newstand.

• The inconsistent application of a lower standard of libaility to an electronic news distributor such as CompuServe than that which is applied to a public library, book store, or newstand would impose an undue burden on the free flow of information. Given the relevant First Amendment considerations, the appropriate standard of liability to be applied to CompuServe is whether it knew or had reason to know of the allegedly defamatory Rumorville statements.

• There was not an agency relationship - "An essential characteristic of an agency relationship is that the agent acts subject to the principal's direction and control."

• CompuServe's ultimate right under the contract to remove text from its system for noncompliance with its standards merely constitutes control over the result of CCI's independent work. This level of control over the Journalism Forum is insufficient to rise to the level of an agency relationship.

• Summary judgment is granted on all claims asserted against CompuServe.

Stratton Oakmont v. Prodigy

• Prodigy operated a bulletin board named Money Talk. The Board Leader was Charles Epstein. An unidentified individual posted messages the plaintiff charged were libelous.

• Prodigy held itself out as an online service that exercised editorial control over the content of mesages posted on its computer bulletin boards, thereby expressly differentiating itself from its competition and expressly likening itself to a newspaper.

• Prodigy implemented...control through its automatic software screening program, and the Guidelines which Board Leaders are required to enforce.

• This differentiated Prodigy as a publisher, and not a bookstore or library; unlike CompuServe.

• Prodigy insisted but did not prove it had changed its policy of manually reviewing all messages prior to posting.

• Let it be clear that this Court is in full agreement with Cubby...Computer bulletin boards should generally be regarded inthe same context as bookstores, libraries and network affiliates. It is PRODIGY's own policies, technology and staffing decisions which have altered the scenario and mandated the finding that it is a publisher.

• Epstein was found to act as agent - "for the limited purpose of monitoring and editing the "Money Talk" computer bulletin board, PRODIGY directed and controlled Epstein's actions."

• The Court granted partial summary judgment against the defendent.

• Mike Godwin, attorney for the Electronic Frontier Foundation, has noted that the situation in the Prodigy case did not actually differ from Cubby, and the Court committed a legal blunder by not recognizing that fact.

• The parties have since reached a settlement, and Prodigy is seeking a rehearing on the judgment to clarify the law.

1. test software
2. test on particular issue - Poli Sci dept.; city agency allow document storage by advocacy groups create a sample procedure built around an issue test Web conferencing