West Palm Beach, FL- An $8 million lawsuit was filed today against America Online alleging that AOL aided in the distribution of child pornography. The lawsuit arises out of charges brought against Richard Russell, a school teacher from Welling ton, who was recently convicted on various counts of child abuse, sexual battery on a minor, and interstate transportation of child pornography.

The suit against AOL charges that AOL allowed Russell to market videotapes and photographs of the minor Plaintiff in "chat rooms" owned and operated by AOL. The suit also charges that AOL allowed its service to become a marketplace for the sale and distr ibution of child pornography.

The suit further alleges that AOL failed to adequately monitor or screen the discussions in its "chat rooms" and as such allowed the creation of a home shopping network for child pornographers and pedophiles.

CIVIL DIVISION

CASE NO. CL 97-

JANE DOE, mother and legal guardian of JOHN DOE, a minor,

Plaintiff, vs.

AMERICA ONLINE, INC., a foreign corporation, and RICHARD LEE RUSSELL, individually.

Defendants COMPLAINT

The Plaintiff, JANE DOE, mother and legal guardian of JOHN DOE, a minor, hereby files this suit against AMERICA ONLINE, INC. (hereinafter AOL, INC), a foreign corporation, and RICHARD LEE RUSSELL (hereinafter RUSSELL), individually and alleges as follows: JURISDICTION

1. This is an action for damages in excess of EIGHT MILLION AND NO/100 DOLLARS ($5,000,000.00), exclusive of attorney fees and costs.

2. This Court has jurisdiction over this matter insofar as AOL, INC., during the relevant time periods, operated, conducted, engaged in or carried on a business venture in the State of Florida, including Palm Beach County.

2. Furthermore, at all times material herein, AOL, INC., was enaged in substantial and not isolated service activities within the State of Florida, including Palm Beach County.

3. RUSSELL, at all times material herein, was and is a resident of the State of Florida, and is currently serving time in the corrections system.

VENUE

4. The minor Plaintiff, JOHN DOE, was at all times material herein, a resident of Palm Beach County, Florida and during the relevant time period, was 11 years old.

5. AOL, INC., is a foreign corporation doing business in the State of Florida.

6. RUSSELL, at all times material herein, resided in Palm Beach County, State of Florida.

7. Acts giving rise to this lawsuit occurred, at least in part, in Palm Beach County, State of Florida.

8. At all times material herein, AOL, INC., was and is a corporation authorized to do business in the State of Florida and is doing business in Palm Beach County, Florida.

GENERAL ALLEGATIONS COMMON TO ALL COUNTS

9. The AMERICA ONLINE Service (hereinafter AOL Service) owned and operated by AOL, INC., is a computer on-line, interactive information, communication and transaction service.

10. AOL, INC., during the relevant time period, had promulgated "Terms of Service" (hereinafter TOS) and "Rules of the Road" (hereinafter ROR) and required its members to adhere to same.

11. AOL, INC.'s TOS and ROR prohibited its members from posting on or transmitting through AOL Service and "unlawful, harmful...obscene...or otherwise objectionable" material, including material that encouraged conduct which would constitute a criminal o ffense or would otherwise violate any applicable local, state, national or international law.

12. AOL, INC., claimed the right to "electronically monitor its public areas for adherence to its TOS..." Public areas has been defined by AOL, INC., as those areas of the AOL Service that are generally accessible to other members, such as chat rooms, m essage boards and file uploads.

13. AOL, INC., has reserved the right to "prohibit conduct, communication, or content which it deems in its discretion to be harmful to individual members, the communities which make up the AOL Service, AOL, INC.'S or other third party rights or to viol ate any applicable lever."

14. AOL, INC., reserved the right to termiante, without notice, any member who misused or failed to abide by its TOS.

15. AOL, INC., had available during the relevant time period means by which to monitor and/or screen the discussions taking place in its public and "member" chat rooms, so as to adequately police members not abiding by the rules, requirements and duties established by AOL., INC.

16. AOL, INC., employed the services of "TOS advisors" and "guides" to purportedly monitor the discussions in the public areas, including public and member chat rooms for any violations of TOS and ROR.

17. The names assigned to some of its public and "member" chat rooms put AOL, INC. on notice that the discussions therein involved unlawful, obscene or otherwise objectionable material in violation of TOS and ROR.

18. AOL Service became known to the pedophile community as a place for open discussion, trading and marketing of child pornography.

19. AOL, INC., through its actions or inactions, allowed its AOL Service to become a marketplace for the sale and distribution of child pornography.

20. This marketplace lured otherwise latent pedophiles, including the Defendant, RUSSELL, into openly discussing, marketing, and distributing child pornography materials. In essence, AOL, INC, has created a home shopping network for pedophiles and child pornographers.

21. AOL, INC., was on notice of this use as early as 1991, but allowed these conditions to continue.

22. Complaints were communicated to AOL, INC., regarding RUSSELL transmitting obscene and unlawful photographs and/or images. In fact, copies of the images were forwarded to AOL, INC.'S management. At no time did AOL, INC., warn or advise RUSSELL to ce ase his activities. Furthermore, at no time did AOL, INC., suspend or terminate RUSSELL's service with AOL, INC.

23. During early 1994, RUSSELL committed sexual battery on JOHN DOE and two other minor males, engaging them to perform sexual acts with each other and with RUSSELL.

24. During the aforesaid time period, RUSSELL videotaped and photographed these sexual acts.

25. Some time between November 1993 and January 1994, RUSSELL subscribed to AOL, INC., setting up an account with a number of "screen names".

26. During 1994, RUSSELL used the public and "member" chat rooms of AOL, INC., to advertise and/or solicit sales of the aforesaid videotape and photographs. RUSSELL openly described the contents of the videotape and photographs in these public and "memb er" chat rooms. Arrangements were made between RUSSELL and other AOL members for the sale of the videotape and photographs. These discussions took place in the public and "member" chat rooms and included the exchange of addresses and telephone numbers f or purposes of the sale of unlawful, harmful, obscene and pornographic materials.

27. As a result of these discussions, a sale was arranged between RUSSELL and a Daniel Hood who resided in Arizona. A videotape containing images of the minor Plaintiff, JOHN DOE, was mailed to Daniel Hood. These images include child pornography involv ing the minor Plaintiff and other obscene, harmful and unlawful materials.

28. During 1994, RUSSELL made arrangements with other AOL members during discussions in the chat rooms for the sale and distribution of the aforesaid videotape and photographs, both of which depict obscene and unlawful images of the minor Plaintiff, JOHN DOE.

COUNT I - VIOLATION OF SECTION 947.011, FLORIDA STATUTES, BY AMERICA ONLINE, INC.

Plaintiff realleges and reavers all of the allegations contained in paragraphs 1 through 28.

29. AOL, INC., violated Section 847.011(1)(a), Florida Statutes, by knowingly allowing and permitting RUSSELL to sell, distribute, transmit or offer to sell, distribute or transmit photographs and videotape containing the images of the minor Plaintiff, J OHN DOE, which were unlawful and obscene.

30. As a result of this statutory violation, Plaintiff has suffered humiliation, embarassment, mental anguish, loss of the capacity for enjoyment of life, and expense of psychological care. The losses are either permanent or continuing and Plaintiff wil l suffer the losses in the future.

WHEREFORE, Plaintiff demands judgment for damages against the Defendant, AOL, INC., and further demands trial by jury.

COUNT II - VIOLATION OF SECTION 847,0135(2), FLORIDA STATUTES, BY AMERICA ONLINE, INC.

Plaintiff realleges and reavers all of the allegations contained in paragraphs 1 through 30.

31. AOL, INC., violated Section 847,0135(2), Florida Statutes (more commonly known as the Computer Pornography and Child Exploitation Prevention Act of 1986), by knowingly allowing RUSSELL to enter into or transmit by means of computer the distribution o f an advertisement for the purposes of offering a visual depiction of sexual conduct involving the minor Plaintiff, JOHN DOE.

32. AOL, INC., further violated this section by knowingly allowing RUSSELL to sell or arrange to sell child pornography.

33. By its actions or inactions, AOL. INC., has aided in the sale and distribution of child pornography, including obscene and unlawful images of the minor Plaintiff, JOHN DOE.

34. As a result of this statutory violation, Plaintiff has suffered humiliation, embarrassment, mental anguish, loss of the capacity for the enjoyment of life, expense of psychological care, and aggravation of a previously existing condition. The losses are either permanent or continuing and Plaintiff will suffer the losses in the future.

WHEREFORE, Plaintiff demands judgment for damages against the Defendant, AOL, INC., and further demands trial by jury.

COUNT III - NEGLIGENCE PER SE AS TO AMERICA ONLINE, INC.

Plaintiff realleges and reavers all of the allegations contained in paragraphs 1 through 34.

35. Section 847,0135, Florida Statues (more commonly known as the Computer Pornography and Child Exploitation Prevention Act of 1986) is a statute specifically enacted to protect a specific class of persons, to wit children under the age of 18.

36. The injury sustained by the Plaintiff, as set forth above, is the type of injury that Section 847,0135, Florida Statues, was designed to protect.

37. By knowingly allowing the transmission of discussions and/or advertisements regarding the visual depiction of sexual conduct involving a minor, AOL, INC., has failed to comply with the provisions of Section 847,0135.

38. AOL, INC.'S violation of Section 847,0135, Florida Statutes, constitutes negligence per se.

39. As a result of AOL, INC.'s negligence per se, Plaintiff has suffered humiliation, embarrassment, mental anguish, loss of the capacity for the enjoyment of life, and expense of psychological care. The losses are either permanent or continuing and wil l suffer the losses in the future.

WHEREFORE< Plaintiff demands judgment for damages against the Defendant, AOL, INC., and further demands trial by jury.

COUNT IV - NEGLIGENCE OF AMERICA ONLINE, INC.

Plaintiff realleges and reavers all of the allegations contained in paragraphs 1 through 39.

40. AOL, INC., knew or, in the exercise of reasonable care, should have known that its AOL Service was being used by RUSSELL and other child pornographers to market, advertise and/or distribute child pornography materials, including videotapes and photog raphs.

41. AOL, INC. had a duty to exercise reasonable care in the operation of its AOL Service to ensure that its AOL Service was not being used for the purposes of the sale and/or distribution of child pornography.

42. AOL, INC., breached its duty by :

a. failing to enforce its "Terms of Service" (TOS);
b. failing to enforce its "Rules of the Road" (ROR);
c. failing to monitor chat room discussions for violations of TOS and ROR;
d. failing to properly train and supervise its "TOS advisors" and "guides" in the enforcement of TOS and ROR;
e. failing to terminate the privileges of members who were using its public and "member" chat rooms to distribute, sell or advertise child pornography and
f. failing to utilize all means available to monitor, screen and govern illegal activities that were taking place in its "member" and public chat rooms.

43. It was reasonably foreseeable that the aforesaid breach of duty would result in damages to the minor Plaintiff, JOHN DOE.

44. As a result of the aforesaid breach, Plaintiff has suffered humiliation, embarrasssment, mental anguish, loss of the capacity for the enjoyment of life, and expense of psychological care. The losses are either permanent or continuing and Plaintiff w ill suffer the losses in the future.

WHEREFORE, Plaintiff demands judgment for damages against the Defendant, AOL, INC., and further demands trial by jury.

COUNT V - VIOLATION OF SECTION 847,0135, FLORIDA STATUES, BY RICHARD LEE RUSSELL

Plaintiff realleges and reavers all of the allegations contained in paragraphs 1 through 44.

45. RUSSELL violated Section 847,0135 (commonly known as the Computer Pornography and Child Exploitation Prevent Act of 1986) by knowingly transmitting by means of computer descriptions and/or advertisements for the sale of videotapes and/or photographs containing the visual depiction of sexual conduct of or with the minor Plaintiff, JOHN DOE.

46. As a result, the Plaintiff has suffered humiliation, embarrassment, mental anguish, loss of the capacity for the enjoyment of life, and expense of psychological care. The losses are either permanent or continuing and Plaintiff will suffer the losses in the future.

WHEREFORE, Plaintiff demands judgment for damages against the Defendant, RUSSELL, and further demands trial by jury.

COUNT VI - VIOLATION OF SECTION 847,011 FLORIDA STATUES, BY RICHARD LEE RUSSELL

Plaintiff realleges and reavers all of the allegations containedin paragraphs 1 through 46.

47. RUSSELL violated Section 847,011(1)(a), Florida Statues, by knowingly selling, distributing, transmitting or offering to sell, distribute or transmit or advertising for the sale, distribution, or transmission of photographs and videotape depicting se xual conduct of or with the minor Plaintiff, JOHN DOE.

48. As a result, Plaintiff has suffered humiliation, embarrassment, mental anguish, loss of the capacity for the enjoyment of life, and expense of psychological care. The losses are either permanent or continuing and Plaintiff will suffer the losses in the future.

WHEREFORE, Plaintiff demands judgment for damages against the Defendant, RUSSELL, and further demands trial by jury.