CompuServe Publishing Porn?

In a verdict that surprised many, a Bavarian judge ruled that a former head of the German division of the CompuServe online service was guilty of publishing on the Internet pornographic material involving children, animals and violence.\n The startling part of the ruling is that Felix Somm, 34, who received a two-year suspended sentence on Thursday, did nothing personally to spread smut. Instead, he was convicted as an accomplice because CompuServe customers swapped child pornography.\n It was the first time a German online company manager had been held responsible for images that were distributed by others who used the company to gain access to the Internet.\n Judge Wilhelm Hubbert said Somm had been guilty of abusing the medium. "Even on the Internet, there can be no law-free zones," the judge said.\n Prosecutors contended that CompuServe could have screened out the objectionable material. Somm's lawyers, however, said the firm's German operation lacked that capability. What's more, they said Somm told authorities about the illegal images and aided in their investigation.\n A new federal law, passed in August after Somm was charged in connection with the 1995 and 1996 incidents, generally relieves Internet service providers of liability for material on the Internet. The law also provides that providers must take reasonable measures to block access to illegal material.\n Following the passage of the new law, prosecutors reversed themselves and said charges against Somm should be dropped. The judge did not agree and Somm was found guilty.\n A lawyer for Somm said the court completely overlooked the new law. "It's completely out of the ordinary," said Hans-Werner Moritz. He will decide within 10 weeks whether to appeal the decision to the Bavarian state court or to a German appeals court.\n Following the decision, several technology experts in Germany said they feared the ruling will retard the development of the Internet in that country, including its use for business. It might be especially onerous for small Internet service providers who might be forced to buy expensive equipment to block banned materials.