DECLARATION OF DR. ALFONSO P. CARDENAS I, Dr. Alfonso F. Cardenas, hereby declare: 1. I am

                DECLARATION OF DR.  ALFONSO P. CARDENAS


      I, Dr. Alfonso F. Cardenas, hereby declare:

      1.   I am providing this declaration to the Court on behalf of the
plaintiffs in Religious Technology Center, et al, v. Netcom On-Line
Communication services, Inc., et al., No. C95- 20091 RMW, United States
District Court for the Northern District of California.  I have personal
knowledge of the facts set forth below or have formulated the opinions
set forth below based on experience, information and research, and if
called upon to do so, could and would testify thereto.

      2.   I received a Bachelor of Science Degree in computer sciences
in 1964 from San Diego State University.  I also have Master of Science
(1966) and Ph.D. degrees (1969) from the University of California, Los
Angeles (UCLA) in computer sciences.

      3.   I am Professor of the computer Science Department of
university of California, Los Angeles, where I have taught undergraduate
and advanced graduate courses at UCLA in computer subjects since 1969.

      4.   I am also the Director of and a consultant in computer
science and management for Computomata International Corporation.  In
that capacity, I have consulted such companies as IBM Corporation, The
Rand Corporation, Arthur Young and Company, TTI/Citicorp.,
Farmers Insurance Group, Tandem Computers, NASA Jet Propulsion
Laboratory, Goodyear Atomic Corporation, General Dynamics, Hughes
Aircraft, Cosa Liebermann, Ltd., Banco Nacional de Mexico, Petroleos
Mexicanos, and other major organizations in various industries
in several countries, as well as law firms representing a variety of
companies.

      5.   I have also written and co-edited several books on
computer subjects in both English and Spanish, as well as dozens of
articles.  My full credentials are too extensive to list out here,
but are attached hereto as Exhibit A.

      6.   Internet started about 25 years ago among a small group
of academic and defense industry pioneers in the United States with
the support of the Advanced Research Project Agency of the
Department of Defense.  The initial group soon grew to include more
individual users but with rather similar profile, with the
understanding that good citizenship (or etiquette) was to be
exercised by each individual as it was fundamental to the health of
the Internet.

      7.   Bad citizenship was discouraged primarily by peer
pressure.  This was possible as the community was rather small,
homogeneous and in general agreement as to what good citizenship
was, even though citizenship was fuzzy and its rules were not
written out.

      8.   Among the major understandings were that uses would not
involve advertising for personal monetary gain, profane language,
personal attacks, undue use of computer storage resources, theft
and use of someone else's account and data, broadcast of stolen
personal or confidential material, mass mailings for profit
activities, and in general any activities considered illegal by
U.S. law.

      9.   As the Internet community grew through the 1970's and
accelerated with the support of the National Science Foundation in
the 1980's into hundreds of thousands of users reaching
international users, Internet access providers (frequently called
Internet nodes or sites) were forced to be more attentive to misuse
of Internet resources as violations started to occur among the less
homogeneous and less elite community.  In the late 1980's most
Internet access providers initiated written agreements to be signed
by new users in an attempt to discourage misuse more strongly and
to take corrective action on more clearly delineated rules of
Internet use.

      10.  An access provider has been typically a university or
college, a department within a university, a government agency, or
a government contractor.  Each provider designates a person or
committee to authorize and deny a person access to Internet.
Traditionally the Internet access provider, its authority and its
local users have wanted to maintain reputation and good name by not
allowing misuse of Internet resources.  This has been the major
distributed "policing" force without a central large audit and
policing force.  This has worked surprisingly well up to the end of
the 1980's.

      11.  In the 1990's the profile of new Internet access
providers and Internet users started to change significantly away
from the initial Internet profile.  There are now for profit
providers such as Compuserve, Netcom, and others that are large
organizations that provide entry to millions of users as not only
individuals but also for-profit organizations which do not
necessarily share the same early principles and are now exploiting
this information superhighway.

      12. Many so-called bulletin board services (BBSes) now obtain
entry into the Internet and they in turn provide entry to many new
users.  Many have continued the traditions of the Internet by
adopting rules and regulations to govern their subscriber's
actions, while some have not.

      13.  A new phase of expanded use and users to reflect our
society is now in motion, with several dozen million users now
reaching many countries.  The types of services, types of use,
types of allowed behavior and actions by users and providers, and
types of individuals and organizations in this world wide network
are now issues of concern and are becoming a focus of attention
within the Internet community among service providers, users, a
organizations attempting to provide some guidance and control over
the evolution of Internet services and access.

      14.  Without responsible action by the network access
providers and the bulletin board services the situation will
aggravate.  Since bulletin board services can be easily set up by
individuals who may have little to lose or be able to disguise
their identity, network access providers have to be responsible in
the same principle that guided the network access providers of the
1970's and early 1980's.

      15.  At this point there are many violations of the original
good citizenship.  Many access providers do not abide by the same
rules that were generally followed in the early days.  Many uses of
Internet resources are considered valid by new segments of users
that in the past were not considered valid or within the rules of
the game.  Examples of uses now taking place that were considered
off-limits by the large majority of Internet community in the
1980's and before include mass mailings of promotional material for
economic gain, bulletin boards containing material offensive to
other segments of the Internet community, illegal copying and
transfer of copyright and confidential information, unsolicited
junk mailings, etc.

      16.  In general, University network access providers do
continue efforts of assuring.good citizenship by their users,
students, professors, and staff.  So do the government and defense
industry access providers and other providers that led the Internet
growth since the 1970's.  Several million of us users expect this.
Unfortunately, the same can not be said of a number of new access
providers.  Many of the worst offenders are now some irresponsible
BBSes, often a person with a small PC operating out of a room or
garage.

      17.  Being involved in the use of Internet since the early
1970's at UCLA where the first Internet node was started, I would
expect the newer network access providers such as Compuserve and
Netcom to continue this tradition of responsibility that has led to
the tremendous and far reaching impact of the Internet, and to do
their share to preserve its success and healthy growth.  Wide
discrepancies among access providers and the many new users,
representative of our whole society, as to what the new 1990's
version of good citizenship is (and what is legal and illegal) will
have to be addressed by policy making bodies (and legal bodies)
that go beyond a single access provider.

      18. As a Professor of Computer Science at UCLA, I have had the
responsibility of recommending, approving and overseeing Internet
access for many hundreds of students during the last 15 to 20
years.  To preserve the good name of UCLA, our Computer Science
Department, our user community and my own, and in the spirit of the
Internet citizenship, I have been sensitive to any improper use
allegations.  In the very few improper use cases (someone using
someone else's account, advertising for profit services, providing
the account to an unauthorized user) I have taken action with the
violator, resulting in the cancellation of the account in a few
cases.  I would expect other access providers also to show such
sensitivity for the common good that has guided the Internet.

      19.  My UCLA research group has set up a World Wide Web (WWW)
page with various textual and pictorial information on our work for
the Internet community via this very new www access service.  We
devote attention to assure that only proper information is placed
there by the various group members.

      20. In my consulting practice with Computomata International
Corp. we have email services for all our consultants, and
communicate with hundreds of users internationally on email.  In
addition, we provide Internet access via an email to Internet
gateway service from another provider. CIC devotes attention to
assure that its users exercise proper use of CIC's email as well as
Internet connectivity and use.

      21.  I have read the parts of the agreements of Netcom and of
the Los Angeles Valley College BBS (LAVC BBS) regarding regulations
of use of their services, specifically, the Rules and Regulations
of LAVC BBS items 1 through 5 and 12 (Exhibit B to Castleman
Declaration), and Netcom's Rules section 2.2 (Exhibit C to
Castleman Declaration, indicating that copyright material may
not-be uploaded or distributed using Netcom's services).  These are
among good citizenship expectations of the traditional Internet
community that should be monitored and enforced by such access
providers recognizing such necessities through the means available
to them to do so.

      I declare under penalty of perjury under the laws of the
United States of America that the foregoing is true and correct.

      Executed this 5th day of March, 1995 at Los Angeles
California.

                      /s/Dr. Alfonso F. Cardenas