847 lines
40 KiB
Plaintext
847 lines
40 KiB
Plaintext
|
|
|||
|
|
|||
|
Computer underground Digest Wed Dec 15 1994 Volume 5 : Issue 94
|
|||
|
ISSN 1004-042X
|
|||
|
|
|||
|
Editors: Jim Thomas and Gordon Meyer (TK0JUT2@NIU.BITNET)
|
|||
|
Archivist: Brendan Kehoe
|
|||
|
Shadow-Archivists: Dan Carosone / Paul Southworth
|
|||
|
Ralph Sims / Jyrki Kuoppala
|
|||
|
Ian Dickinson
|
|||
|
Copy Editor: Craig Shergold, III
|
|||
|
|
|||
|
CONTENTS, #5.94 (Dec 15 1994)
|
|||
|
File 1--EFF Policy on Cryptography and Privacy / 8 Dec '93
|
|||
|
File 2--CPSR Clipper Letter to Clinton
|
|||
|
File 3--EFF Statement on Markey Infrastructure Bill
|
|||
|
File 4--Child Porn Bust in North Carolina
|
|||
|
File 5--Complaints prompt Patent Office hearings on SOFTWARE PATENTS
|
|||
|
File 6--Edited ASIS '94 Mid Year Meeting Announcement
|
|||
|
|
|||
|
Cu-Digest is a weekly electronic journal/newsletter. Subscriptions are
|
|||
|
available at no cost electronically from tk0jut2@mvs.cso.niu.edu. The
|
|||
|
editors may be contacted by voice (815-753-0303), fax (815-753-6302)
|
|||
|
or U.S. mail at: Jim Thomas, Department of Sociology, NIU, DeKalb, IL
|
|||
|
60115.
|
|||
|
|
|||
|
Issues of CuD can also be found in the Usenet comp.society.cu-digest
|
|||
|
news group; on CompuServe in DL0 and DL4 of the IBMBBS SIG, DL1 of
|
|||
|
LAWSIG, and DL1 of TELECOM; on GEnie in the PF*NPC RT
|
|||
|
libraries and in the VIRUS/SECURITY library; from America Online in
|
|||
|
the PC Telecom forum under "computing newsletters;"
|
|||
|
On Delphi in the General Discussion database of the Internet SIG;
|
|||
|
on the PC-EXEC BBS at (414) 789-4210; and on: Rune Stone BBS (IIRG
|
|||
|
WHQ) (203) 832-8441 NUP:Conspiracy; RIPCO BBS (312) 528-5020
|
|||
|
CuD is also available via Fidonet File Request from 1:11/70; unlisted
|
|||
|
nodes and points welcome.
|
|||
|
EUROPE: from the ComNet in LUXEMBOURG BBS (++352) 466893;
|
|||
|
In ITALY: Bits against the Empire BBS: +39-461-980493
|
|||
|
|
|||
|
ANONYMOUS FTP SITES:
|
|||
|
AUSTRALIA: ftp.ee.mu.oz.au (128.250.77.2) in /pub/text/CuD.
|
|||
|
EUROPE: ftp.funet.fi in pub/doc/cud. (Finland)
|
|||
|
UNITED STATES:
|
|||
|
aql.gatech.edu (128.61.10.53) in /pub/eff/cud
|
|||
|
etext.archive.umich.edu (141.211.164.18) in /pub/CuD/cud
|
|||
|
ftp.eff.org (192.88.144.4) in /pub/cud
|
|||
|
halcyon.com( 202.135.191.2) in /pub/mirror/cud
|
|||
|
ftp.warwick.ac.uk in pub/cud (United Kingdom)
|
|||
|
KOREA: ftp: cair.kaist.ac.kr in /doc/eff/cud
|
|||
|
|
|||
|
COMPUTER UNDERGROUND DIGEST is an open forum dedicated to sharing
|
|||
|
information among computerists and to the presentation and debate of
|
|||
|
diverse views. CuD material may be reprinted for non-profit as long
|
|||
|
as the source is cited. Authors hold a presumptive copyright, and
|
|||
|
they should be contacted for reprint permission. It is assumed that
|
|||
|
non-personal mail to the moderators may be reprinted unless otherwise
|
|||
|
specified. Readers are encouraged to submit reasoned articles
|
|||
|
relating to computer culture and communication. Articles are
|
|||
|
preferred to short responses. Please avoid quoting previous posts
|
|||
|
unless absolutely necessary.
|
|||
|
|
|||
|
DISCLAIMER: The views represented herein do not necessarily represent
|
|||
|
the views of the moderators. Digest contributors assume all
|
|||
|
responsibility for ensuring that articles submitted do not
|
|||
|
violate copyright protections.
|
|||
|
|
|||
|
----------------------------------------------------------------------
|
|||
|
|
|||
|
Date: Mon, 13 Dec 93 12:13:24 -0800
|
|||
|
From: ygoland@HURRICANE.SEAS.UCLA.EDU
|
|||
|
Subject: File 1--EFF Policy on Cryptography and Privacy / 8 Dec '93
|
|||
|
|
|||
|
EFF ANNOUNCES ITS OFFICIAL POLICY ON CRYPTOGRAPHY AND PRIVACY
|
|||
|
|
|||
|
Strongly opposes original Clipper/Skipjack plan,
|
|||
|
reiterates the need to lift restrictions on encryption
|
|||
|
|
|||
|
|
|||
|
December 8, 1993
|
|||
|
|
|||
|
The Electronic Frontier Foundation is pleased to announce its
|
|||
|
formal policy on encryption.
|
|||
|
|
|||
|
This is particularly timely, because yesterday the New York Times
|
|||
|
announced that the Digital Privacy and Security Working Group had
|
|||
|
proposed to trade support for the administration's proposed Clipper
|
|||
|
Chip for a lifting of the long-standing export embargo on robust
|
|||
|
domestic encryption.
|
|||
|
|
|||
|
This was a misunderstanding of what the DPSWG offered the
|
|||
|
administration in this proposal, leading to the belief that both the
|
|||
|
DPSWG (a coalition of over 50 computer, communications, and privacy
|
|||
|
organizations and associations) and it's principal coordinating
|
|||
|
organization, the Electronic Frontier Foundation, have offered to ease
|
|||
|
their opposition to Clipper.
|
|||
|
|
|||
|
We see it as a pragmatic effort to get the government to wiggle on
|
|||
|
these issues: one step in the right direction, with many more to
|
|||
|
follow. This step is that we insist that use of Clipper and key
|
|||
|
escrow must be completely voluntary. It's not voluntary if users of
|
|||
|
the Skipjack algorithm are forced to use key escrow. It's not
|
|||
|
voluntary if users who do choose escrow are forced to use the
|
|||
|
government's choice of escrow agents. It's not voluntary if
|
|||
|
manufacturers such as AT&T are pressured into withdrawing competing
|
|||
|
products. It's not voluntary when competing products can't be sold in
|
|||
|
a worldwide market. It's not voluntary if the public can't see the
|
|||
|
algorithm they are "volunteering" to use. It's not voluntary if the
|
|||
|
government will require anyone to use Skipjack or escrow, even when
|
|||
|
communicating with the government.
|
|||
|
|
|||
|
The Working Group chose to state this in a diplomatic fashion by
|
|||
|
applauding "repeated statements by Administration officials that there
|
|||
|
is no intent to make the clipper chip mandatory". They were diplomatic
|
|||
|
for two reasons. First, they believe the Administration has gotten this
|
|||
|
message. Clipper was announced in April and was supposed to be
|
|||
|
available in the Summer. It is December, the escrow system is still
|
|||
|
uncertain, and the Administration is still drafting a report which was
|
|||
|
due in July. If they still don't get it, the coalition has a 100 page
|
|||
|
white paper documenting the case against clipper and the case for
|
|||
|
lifting export controls, which they will release in response to any
|
|||
|
Administration position favoring Clipper.
|
|||
|
|
|||
|
The second reason is that the coalition was trying to use the
|
|||
|
introduction of the Rep. Cantwell's bill eliminating many export
|
|||
|
controls on crypto to try, one more time, to urge the Administration
|
|||
|
to make voluntariness meaningful by unilaterally lifting export
|
|||
|
controls. Even if the Working Group and the Administration can't
|
|||
|
agree on Clipper, EFF and the Working Group needed to continue
|
|||
|
pressing the export issue.
|
|||
|
|
|||
|
But NSA is digging in, and a legislative fight looks more likely.
|
|||
|
If diplomacy fails, EFF must fight for our rights. Thus, we are
|
|||
|
going to need all the allies we can find, from IBM, Apple, Lotus,
|
|||
|
and Sun, to cryptographers, cypherpunks, and folks on the net.
|
|||
|
|
|||
|
EFF wants the public and the Administration to know (as we have
|
|||
|
frequently stated to them face to face) that the Electronic Frontier
|
|||
|
Foundation would fight to the end any attempt by the Administration to
|
|||
|
do any more than let companies use Clipper if they want and to let people
|
|||
|
buy it if they want -- and only in a market which has other strong
|
|||
|
encryption schemes available because export controls have been lifted.
|
|||
|
|
|||
|
Under truly voluntary conditions, the EFF would be proud to say, "We
|
|||
|
have expressed ... tentative acceptance of the Clipper Chip's
|
|||
|
encryption scheme ... only if it is available as a voluntary
|
|||
|
alternative to widely-available, commercially-accepted encryption
|
|||
|
programs and products." We would applaud the Government for employing
|
|||
|
NSA's substantial expertise to devise improved encryption schemes --
|
|||
|
like DES and Skipjack -- and deploying them to improve our society's
|
|||
|
privacy and security.
|
|||
|
|
|||
|
We hope that the Clinton Administration can agree to take this single
|
|||
|
step. Here is the whole journey we'd like to begin. If you share our
|
|||
|
path, we need your help and support -- please join EFF. Send the end of
|
|||
|
this document for details.
|
|||
|
|
|||
|
Electronic Frontier Foundation Policy on Cryptography & Privacy
|
|||
|
(Approved November 11, 1993)
|
|||
|
|
|||
|
Digital technology is rapidly rendering our commercial activities and
|
|||
|
communications -- indeed, much of our personal lives -- open to scrutiny by
|
|||
|
strangers. Our medical records, political opinions, personal financial
|
|||
|
transactions, and intimate affairs now pass over digital networks where
|
|||
|
governments, employers, insurance companies, business competitors, and
|
|||
|
others who might turn our private lives against us can examine them with
|
|||
|
increasing ease and detail.
|
|||
|
|
|||
|
The Electronic Frontier Foundation believes that Americans must be allowed
|
|||
|
access to the cryptographic tools necessary to protect their own privacy.
|
|||
|
We will work toward making the following principles the official policies
|
|||
|
of the U. S. Government:
|
|||
|
|
|||
|
1. Private access to cryptography must be unhindered:
|
|||
|
|
|||
|
* There must be no laws restricting domestic use of cryptography.
|
|||
|
|
|||
|
* There must be no restrictions on the export of products, services,
|
|||
|
or information because they contain cryptographic algorithms.
|
|||
|
|
|||
|
2. Cryptography policy and technical standards must be set in open,
|
|||
|
public forums:
|
|||
|
|
|||
|
* All participants in the policy debate on these issues, particularly
|
|||
|
law enforcement and national security agencies, must submit their arguments
|
|||
|
to public scrutiny.
|
|||
|
|
|||
|
* Any civilian encryption standard must be published and exposed to
|
|||
|
rigorous public challenge.
|
|||
|
|
|||
|
3. Encryption must become a part of the information infrastructure to
|
|||
|
provide security, to protect privacy, and to provide each individual
|
|||
|
control over his or her own identity.
|
|||
|
|
|||
|
* Each user must be free to choose whether or not to use key escrow,
|
|||
|
and who should have copies of their keys, if anyone.
|
|||
|
|
|||
|
* Government at all levels should explore cryptography's potential to
|
|||
|
replace identity-based or dossier-based systems, such as driver's licenses,
|
|||
|
credit cards, checks, and passports with less invasive technology.
|
|||
|
|
|||
|
4. New technologies must not erode constitutional protections,
|
|||
|
particularly the right to speak, publish, and assemble, and to be free from
|
|||
|
unreasonable searches and seizures .
|
|||
|
|
|||
|
* There must be no broadening of governmental access to private
|
|||
|
communications and records, through wiretap law or otherwise, unless there
|
|||
|
is a public consensus that the risks to safety outweigh the risks to
|
|||
|
liberty and that our safety will actually be increased by the broadened
|
|||
|
access.
|
|||
|
|
|||
|
***
|
|||
|
|
|||
|
The Electronic Frontier Foundation recognizes that the combination of
|
|||
|
digital communications and encryption technology does indeed threaten
|
|||
|
some of law enforcement's current investigative techniques.
|
|||
|
|
|||
|
We also recognize that encryption will prevent many of the online
|
|||
|
crimes that will likely occur without it. We further believe that
|
|||
|
these technologies will create new investigative tools for law
|
|||
|
enforcement, even as they obsolete old ones. Entering this new
|
|||
|
environment, private industry, law enforcement, and private citizens
|
|||
|
must work together to balance the requirements of both liberty and
|
|||
|
security. But technology halts for no one, not even the law.
|
|||
|
|
|||
|
***
|
|||
|
|
|||
|
|
|||
|
For Electronic Frontier Foundation membership info, send email to
|
|||
|
membership@eff.org. For basic EFF details, send email to info@eff.org.
|
|||
|
Other queries should be sent to ask@eff.org.
|
|||
|
|
|||
|
--
|
|||
|
Stanton McCandlish mech@eff.org 1:109/1103 EFF Online Activist & SysOp
|
|||
|
|
|||
|
------------------------------
|
|||
|
|
|||
|
Date: Thu, 9 Dec 1993 11:21:50 EST
|
|||
|
From: David Sobel <dsobel@WASHOFC.CPSR.ORG>
|
|||
|
Subject: File 2--CPSR Clipper Letter to Clinton
|
|||
|
|
|||
|
Clipper Letter to Clinton
|
|||
|
|
|||
|
On December 6, the Digital Privacy and Security Working Group, a
|
|||
|
"coalition of over 50 communications and computer companies and
|
|||
|
associations, and consumer and privacy advocates" coordinated by the
|
|||
|
Electronic Frontier Foundation, sent a letter to President Clinton
|
|||
|
concerning cryptography policy. The letter states, "In our
|
|||
|
discussions with Administration officials, we have expressed the
|
|||
|
Coalition's tentative acceptance of the Clipper Chip's encryption
|
|||
|
scheme (as announced on April 16, 1993), but only if it is available
|
|||
|
as a voluntary alternative to widely-available, commercially-accepted,
|
|||
|
encryption programs and products."
|
|||
|
|
|||
|
The Washington Office of Computer Professionals for Social
|
|||
|
Responsibility (CPSR) has sent the following letter to the President.
|
|||
|
We believe that the position stated in this letter continues to
|
|||
|
represent the views of the vast majority of network users, as
|
|||
|
reflected in the overwhelmingly critical comments submitted to the
|
|||
|
National Institute of Standards and Technology in response to its
|
|||
|
recent solicitation of public comments on the Clipper proposal.
|
|||
|
|
|||
|
==================================================================
|
|||
|
|
|||
|
December 8, 1993
|
|||
|
|
|||
|
The President
|
|||
|
The White House
|
|||
|
Washington, DC 20500
|
|||
|
|
|||
|
Dear Mr. President,
|
|||
|
|
|||
|
We are writing to you regarding the Clipper cryptography
|
|||
|
proposal now under consideration by the White House and a
|
|||
|
letter you may have received about the proposal from a group
|
|||
|
called the "Digital Privacy and Security Working Group."
|
|||
|
|
|||
|
This group wrote to you recently and expressed their
|
|||
|
"tentative acceptance" of the Clipper Chip encryption scheme.
|
|||
|
We disagree with their views. This group has made a grave
|
|||
|
mistake and does not speak for the many users of computer
|
|||
|
networks and developers of network services who have
|
|||
|
vigorously opposed this proposal.
|
|||
|
|
|||
|
We are very much concerned about the Clipper proposal.
|
|||
|
At its core is the dubious premise that the government
|
|||
|
should have the authority to design communications networks
|
|||
|
that facilitate wire surveillance. The plan was developed in
|
|||
|
secret by the National Security Agency over the objection
|
|||
|
of U.S. firms, professional associations and public interest
|
|||
|
organizations. Key details about the proposal remain
|
|||
|
classified.
|
|||
|
|
|||
|
This proposal must not be endorsed. The development of
|
|||
|
open, unclassified standards is critical for the future of the
|
|||
|
nation's communications infrastructure. Progress and
|
|||
|
innovation depend on the free exchange of scientific and
|
|||
|
technical information. It is essential to the integrity of
|
|||
|
the scientific process that standards are openly created and
|
|||
|
available for public review.
|
|||
|
|
|||
|
There is also a great need to ensure that future networks
|
|||
|
are designed with the highest levels of privacy and security
|
|||
|
possible. As our country becomes ever more dependent on the
|
|||
|
high-speed network, the need for secure systems will only
|
|||
|
increase. The Clipper proposal purposefully cripples the
|
|||
|
security of the network and reduces the privacy protection
|
|||
|
that users could otherwise obtain.
|
|||
|
|
|||
|
There is another still more serious problem with the
|
|||
|
Clipper proposal. An agency with the authority to conduct
|
|||
|
wiretaps must not be allowed to impose technical standards to
|
|||
|
facilitate wire surveillance. The threat to Constitutional
|
|||
|
democracy is clear. A system of checks and balances is
|
|||
|
essential to ensure that the powerful investigative tools of
|
|||
|
government are properly controlled.
|
|||
|
|
|||
|
We have followed the development of this proposal with
|
|||
|
great concern. We have testified before Congressional
|
|||
|
committees. We have appeared before agency panels, provided
|
|||
|
reports on wire surveillance, and debated the former FBI
|
|||
|
Director on national television. We have also sponsored
|
|||
|
conferences with full participation from across the federal
|
|||
|
government. We believe that the best policies will result from
|
|||
|
an open and unrestricted exchange of views.
|
|||
|
|
|||
|
It is our assessment that you must not permit adoption of
|
|||
|
the Clipper technical standard, even on a voluntary basis. At
|
|||
|
a time when the country should be moving toward open standards
|
|||
|
designed for commercial networks, the Clipper proposal asks
|
|||
|
future users of the nation's information infrastructure to
|
|||
|
accept a standard intended for the Cold War era. It is a
|
|||
|
backward-looking plan that serves neither the interests of the
|
|||
|
American people nor American business.
|
|||
|
|
|||
|
The adoption of the Clipper proposal would also ratify an
|
|||
|
unlawful process that has undermined the authority of Congress
|
|||
|
and weakened the mechanisms of government accountability. The
|
|||
|
proper authority for the development of this standard never
|
|||
|
rested with the NSA. Under the Computer Security Act of 1987,
|
|||
|
it was a civilian agency that was to develop appropriate
|
|||
|
standards for the nation's commercial networks. Through a
|
|||
|
series of secret executive orders, the NSA usurped the
|
|||
|
authority of the National Institute of Standards and
|
|||
|
Technology, substituted its own proposal for those of NIST,
|
|||
|
and effectively derailed this important policy process.
|
|||
|
|
|||
|
When the computer user community had the opportunity to
|
|||
|
voice its position on this proposal, it rejected the plan
|
|||
|
overwhelmingly. The notice and comment process conducted by
|
|||
|
the Department of Commerce earlier this year resulted in
|
|||
|
nearly uniform opposition to the Clipper proposal. It would be
|
|||
|
hard to find a technical standard more disliked by the
|
|||
|
potential user community.
|
|||
|
|
|||
|
While we support the relaxation of export controls on
|
|||
|
cryptography, we are not willing to concede to the NSA the
|
|||
|
right to develop secret standards. It is only because the
|
|||
|
National Security Agency also exerts influence on export
|
|||
|
control policy that the Digital Privacy coalition is prepared
|
|||
|
to endorse the Clipper standard in exchange for new
|
|||
|
opportunities to market products. It may be a good deal for
|
|||
|
the coalition members, but it is a terrible outcome for the
|
|||
|
rest of the country.
|
|||
|
|
|||
|
We very much appreciate your efforts on behalf of open
|
|||
|
government, and your work with the Vice President and the
|
|||
|
Secretary of Commerce to develop the nation's information
|
|||
|
infrastructure. We believe that these efforts are sending our
|
|||
|
country in the right direction, helping to develop advanced
|
|||
|
technologies appropriate for a democratic nation and to
|
|||
|
preserve open and accountable government.
|
|||
|
|
|||
|
But the Clipper proposal was not a creation of your
|
|||
|
administration. It is a relic from a period that is now
|
|||
|
moving rapidly into the history books, a time when secret
|
|||
|
agencies made secret decisions and when backroom deals with
|
|||
|
powerful, private interests sustained these arrangements.
|
|||
|
|
|||
|
It is time to end this cynical form of policy making.
|
|||
|
|
|||
|
We ask you to reject the deal put forward by the Digital
|
|||
|
Privacy and Security Working Group. The Clipper proposal
|
|||
|
should not go forward.
|
|||
|
|
|||
|
We would be pleased to meet with members of your
|
|||
|
administration to discuss this matter further.
|
|||
|
|
|||
|
|
|||
|
|
|||
|
Sincerely yours,
|
|||
|
|
|||
|
|
|||
|
Marc Rotenberg, Director
|
|||
|
David Sobel, Legal Counsel
|
|||
|
Dave Banisar, Policy Analyst
|
|||
|
CPSR Washington office
|
|||
|
|
|||
|
|
|||
|
cc: The Vice President
|
|||
|
Secretary Ron Brown, Department of Commerce
|
|||
|
Anthony Lake, National Security Council
|
|||
|
Computer System Security and Privacy Advisory Board
|
|||
|
|
|||
|
------------------------------
|
|||
|
|
|||
|
Date: Wed, 15 Dec 1993 11:19:32 EST
|
|||
|
From: Electronic Frontier Foundation <eff@eff.org>
|
|||
|
Subject: File 3--EFF Statement on Markey Infrastructure Bill
|
|||
|
|
|||
|
((Reprinted from EFFector On-Line, #6.07 - 10 December, '93))
|
|||
|
|
|||
|
EFF Position Statement on and Summary of Bill HR-3636
|
|||
|
|
|||
|
National Communications Competition and Information Infrastructure Act
|
|||
|
of 1993 Introduced by Reps. Markey, Fields and Boucher
|
|||
|
|
|||
|
On Monday, November 22, 1993, House Telecommunications and Finance
|
|||
|
Subcommittee Chairman Edward Markey (D-Mass.), Minority Chairman Jack
|
|||
|
Fields (R-Tex.), and other cosponsors introduced the "National
|
|||
|
Communications Competition and Information Infrastructure Act of
|
|||
|
1993." The legislation, which incorporates EFF's Open Platform
|
|||
|
philosophy, is built on four concepts: open platform services, the
|
|||
|
entry of telephone companies into video cable service, universal
|
|||
|
service, and competition in the local telephone market.
|
|||
|
|
|||
|
Of all pending telecommunications legislation, Markey's bill is the
|
|||
|
only one with a vision of an open, accessible network which supports a
|
|||
|
true diversity of information sources. The legislation proposes a
|
|||
|
major restructuring of the Communications Act of 1934 in order to
|
|||
|
account for changes in technology, market structure, and people's
|
|||
|
increasingly advanced information access needs.
|
|||
|
|
|||
|
EFF recommends strong support for the bill. For the bill to realize
|
|||
|
its goals however, the following key changes are necessary:
|
|||
|
|
|||
|
* Require Open Platform Services to be tariffed at reasonable, affordable
|
|||
|
rates;
|
|||
|
* Strengthen non-discriminatory video dialtone access rules and eliminate
|
|||
|
current five year sunset provision;
|
|||
|
* Add information infrastructure access to the definition of universal
|
|||
|
service, and ensure public interest participation in redefinition of
|
|||
|
universal service obligations;
|
|||
|
* Ensure that all telecommunication providers pay a fair share of
|
|||
|
universal service costs.
|
|||
|
|
|||
|
These are EFF's primary concerns about the bill. We hope to broaden our
|
|||
|
position and understanding of the bill based on the views of other
|
|||
|
interested groups. This is a summary of the main points of the legislation
|
|||
|
along with EFF positions and comments.
|
|||
|
|
|||
|
|
|||
|
OPEN PLATFORM
|
|||
|
|
|||
|
Open platform service is designed to give residential subscribers
|
|||
|
access to voice, data, and video digital telephone service on a switched,
|
|||
|
end-to-end basis. With Open Platform service widely available, individuals
|
|||
|
and organizations would have ready access to a variety of important
|
|||
|
applications on the information highway, including distance learning,
|
|||
|
telemedicine, telecommuting, the Internet, and many more. The bill directs
|
|||
|
the Federal Communications Commission to investigate the policy changes
|
|||
|
needed to provide open platform service at affordable rates, but fails to
|
|||
|
require telecommunications carriers to tariff the service.
|
|||
|
|
|||
|
ACTION NEEDED: The Open Platform concept should be enthusiastically
|
|||
|
supported, but the bill as written fails to ensure that Open Platform
|
|||
|
service will be widely available at affordable rates. Those who care about
|
|||
|
affordable, equitable access to new information media should demand that
|
|||
|
local telephone companies be required to tariff Open Platform services
|
|||
|
within a specific timeframe.
|
|||
|
|
|||
|
ENTRY OF TELEPHONE COMPANIES INTO VIDEO PROGRAMMING
|
|||
|
|
|||
|
The bill promotes the entry of telephone companies into video cable
|
|||
|
service and seeks to benefit consumers by spurring competition in the cable
|
|||
|
television industry. The bill would rescind the ban on telephone company
|
|||
|
ownership and delivery of video programming that was enacted in the Cable
|
|||
|
Act of 1984. Telephone companies would be allowed to provide video
|
|||
|
programming, through a separate subsidiary, to subscribers in its telephone
|
|||
|
service area.
|
|||
|
|
|||
|
Telephone companies would be required to provide video services
|
|||
|
through a "video platform," that would be open, in part, to all video
|
|||
|
programming providers. The bill adopts a set of regulations originally
|
|||
|
proposed by the Federal Communications Commission (FCC) called "Video
|
|||
|
Dialtone." Under video dialtone rules, telephone companies would be
|
|||
|
required to allow other content providers to offer video programming to
|
|||
|
subscribers using the same video platform as used by the telephone company,
|
|||
|
on a non-discriminatory basis. Other providers would be allowed to use up
|
|||
|
to 75 percent of the video platform capacity. To encourage telephone
|
|||
|
companies to actually invest in new information infrastructure, they would
|
|||
|
be prohibited from buying existing cable systems within their telephone
|
|||
|
service territory, with only tightly drawn exceptions.
|
|||
|
|
|||
|
However, the video dialtone requirement would end in five years, after
|
|||
|
which telephone companies would have no requirement at all to provide
|
|||
|
non-discriminatory access to their video platform.
|
|||
|
|
|||
|
ACTION NEEDED: Video dialtone is a useful starting point for structuring
|
|||
|
non-discriminatory video access, but its provisions must be strengthened.
|
|||
|
First, there should be no fixed expiration date for the video dialtone
|
|||
|
requirements. An open platform for video information is critical to the
|
|||
|
free flow of information in society. These requirements should be relaxed
|
|||
|
only when it is clear than there are sufficient alternatives throughout the
|
|||
|
country for distribution of video and multimedia information Alternatives
|
|||
|
would include widely available, affordable Open Platform service capable of
|
|||
|
carrying full-motion, video programming. Second, stronger safeguards
|
|||
|
against anti-competitive behavior are necessary.
|
|||
|
|
|||
|
Finally, more explicit provisions assuring access for third party video
|
|||
|
servers are needed to ensure the all programmers can use video dialtone to
|
|||
|
disseminate their video programs. Video dialtone rules fail to consider
|
|||
|
how to guarantee third party access to interactive functions of a video
|
|||
|
dialtone platform. Interactive technology is so new and untested that it
|
|||
|
has hard to legislate about it at this point. The FCC should, however, be
|
|||
|
instructed to study this issue as new interactive capabilities become
|
|||
|
available.
|
|||
|
|
|||
|
UNIVERSAL SERVICE
|
|||
|
|
|||
|
One of the goals of the bill is to "preserve universal
|
|||
|
telecommunications at affordable rates." To achieve this goal, the bill
|
|||
|
would establish a joint Federal-State Board (made up of FCC members and
|
|||
|
state regulators) to devise a framework for ensuring continued universal
|
|||
|
service. The Board would be required to define the nature and extent of
|
|||
|
the services encompassed within a telephone company's universal service
|
|||
|
obligation. The Board also would be charged with promoting access to
|
|||
|
advanced telecommunications technology.
|
|||
|
|
|||
|
The FCC is required to prescribe standards necessary to ensure that
|
|||
|
advances in network capabilities and services deployed by common carriers
|
|||
|
are designed to be accessible to individuals with disabilities, unless an
|
|||
|
undue burden is posed by such requirements. Additionally, within one year
|
|||
|
of enactment, the bill requires the FCC to initiate an inquiry to examine
|
|||
|
the effects of competition in the provision of both telephone exchange
|
|||
|
access and telephone exchange service furnished by rural carriers.
|
|||
|
|
|||
|
ACTION NEEDED: Include an explicit requirement that advanced digital
|
|||
|
access services be included in the universal service definition as soon as
|
|||
|
is practical. Create a mechanism for public interest participation in the
|
|||
|
process of defining the components of universal service in the information
|
|||
|
age.
|
|||
|
|
|||
|
VIDEO PLATFORM AND FRANCHISE REQUIREMENTS
|
|||
|
|
|||
|
Any telephone company that establishes a video platform would be required
|
|||
|
to meet 1992 Cable Act standards concerning customer privacy rights,
|
|||
|
consumer protection, and customer service. Telephone companies would be
|
|||
|
required to meet the same standards as cable companies for diversity in
|
|||
|
commercial programming, to assure that the broadest possible information
|
|||
|
sources are made available to the public. Like cable companies, telephone
|
|||
|
companies would be required to comply with public, educational, and
|
|||
|
governmental (PEG) access rules. Telephone companies also would be
|
|||
|
required to meet standards concerning re-transmission consent for cable
|
|||
|
systems.
|
|||
|
|
|||
|
Some Cable Act requirements concerning cable companies would expressly not
|
|||
|
be applicable to telephone companies. These include: general franchise
|
|||
|
requirements; franchise fees; regulation of rates; regulation of services,
|
|||
|
facilities, and equipment; consumer electronics equipment compatibility;
|
|||
|
modification of franchise obligations; renewal proposals; conditions of
|
|||
|
sale; unauthorized reception of cable service; equal employment; limitation
|
|||
|
on franchising authority liability; and coordination of federal, state, and
|
|||
|
local authority.
|
|||
|
|
|||
|
Instead of Cable Act compliance, the legislation provides that a video
|
|||
|
programming affiliate of any telephone company that establishes a video
|
|||
|
platform would be subject to the payment of fees imposed by a local
|
|||
|
franchising authority. The rate at which these fees would be imposed cannot
|
|||
|
exceed the rate at which franchise fees are imposed on any operator
|
|||
|
transmitting video programming in the same service area.
|
|||
|
|
|||
|
LOCAL COMPETITION
|
|||
|
|
|||
|
In order to promote competition in local telecommunications
|
|||
|
service, the bill requires that local telephone companies open their
|
|||
|
networks to competitors who wish to interconnect with the public switched
|
|||
|
telephone network. These interconnect rules will enable any other network
|
|||
|
operator to offer basic telephone service as well as advanced data services
|
|||
|
in direct competition with the local phone company. The FCC would be
|
|||
|
required to establish rules for compensating local telephone companies for
|
|||
|
providing interconnection and equal access.
|
|||
|
|
|||
|
ACTION NEEDED: Local competition can be a benefit to consumers and spur
|
|||
|
the development of innovative new services, as long as all interconnecting
|
|||
|
networks pay their fair share of the cost of using the public telephone
|
|||
|
network. All who interconnect should be required to support the cost of
|
|||
|
basic universal service.
|
|||
|
|
|||
|
For More Information Contact:
|
|||
|
|
|||
|
Daniel J. Weitzner, Senior Staff Counsel
|
|||
|
202-347-5400
|
|||
|
djw@eff.org
|
|||
|
|
|||
|
Copies of the legislation and this summary are available on EFF's
|
|||
|
Internet FTP site: ftp.eff.org, in the directory
|
|||
|
pub/eff/legislation/hr3636 and hr3636.summary. More information on
|
|||
|
EFF's Open Platform initiative can be found in pub/eff/papers/o*,
|
|||
|
particularly the file op2.0.
|
|||
|
|
|||
|
------------------------------
|
|||
|
|
|||
|
Date: Mon, 13 Dec 1993 13:57:12 EST
|
|||
|
From: Bill Seward <seward@CCVS2.CC.NCSU.EDU>
|
|||
|
Subject: File 4--Child Porn Bust in North Carolina
|
|||
|
|
|||
|
The following item is from the Dec. 12, 1993 Greensboro (NC) News &
|
|||
|
Record.
|
|||
|
|
|||
|
[Start]
|
|||
|
"Police charge man with pornography" (Associated Press)
|
|||
|
|
|||
|
A Salisbury [NC] man was charged Friday with operating a computer
|
|||
|
bulletin board known as "Munchkin-Land," which povided access to nude
|
|||
|
photographs of young girls, federal authorities said.
|
|||
|
|
|||
|
Charges were filed in federal court in Greensboro against Terry James
|
|||
|
Closner, 37. Closner has agreed to forfeit 58 computer disks and more
|
|||
|
than $9,000 in computer equipment seized in September from his home, a
|
|||
|
federal agent said.
|
|||
|
|
|||
|
If convicted, Closner faces up to 10 years in federal prison and fines
|
|||
|
up to $250,000 that depend partly on whether he profited from child
|
|||
|
pornography.
|
|||
|
|
|||
|
Closner was charged in a bill of information alleging that he traded
|
|||
|
in minors engaging in sexually explicit conduct of masterbation, sexual
|
|||
|
intercourse and lascivious exhibition," the Winston-Salem (NC)
|
|||
|
Journal reported.
|
|||
|
|
|||
|
A two-year international investigation into the
|
|||
|
computerized-pronography trade in the United States led to 31 searches
|
|||
|
in 15 states and U.S. cities.
|
|||
|
[End]
|
|||
|
|
|||
|
I assume that this must have been one of the 31 searches, although it is
|
|||
|
not explicitly stated as such.
|
|||
|
|
|||
|
------------------------------
|
|||
|
|
|||
|
Date: Wed, 15 Dec 1993 19:04:44 -0800
|
|||
|
From: Jim Warren <jwarren@WELL.SF.CA.US>
|
|||
|
Subject: File 5--Complaints prompt Patent Office hearings on SOFTWARE PATENTS
|
|||
|
|
|||
|
Complaints prompt Patent Office hearings on SOFTWARE PATENTS
|
|||
|
|
|||
|
Just got these [incomplete] details from Jon Erickson, Editor-in-Chief
|
|||
|
of my old "home," Dr. Dobb's Journal [please repost freely]:
|
|||
|
|
|||
|
The Patent and Trademark Office will be issuing (or, perhaps, has just
|
|||
|
issued) a, "Request for Comments on Intellectual Property Protection
|
|||
|
for Software-Related Inventions," with at least some of the comments
|
|||
|
apparently to be presented at two 2-day public hearings:
|
|||
|
|
|||
|
Jan 26-27, San Jose Convention Center, San Jose CA
|
|||
|
Feb 11-12, Crystal Forum, Crystal City Convention Center, Arlington VA
|
|||
|
|
|||
|
Jon first heard of this as an incidental comment by Patent
|
|||
|
Commissioner Bruce Lehman (an ex-D.C. patent attorney) at the joint
|
|||
|
BRIE-DoC conference held in the San Francisco Bay Area in October.
|
|||
|
BRIE is the Berkeley Roundtable on the International Economy, in which
|
|||
|
Clinton Economist Laura Tyson was active. Reportedly, all sorts of
|
|||
|
DoC undersecretaries were in attendance, as was DoC Ron Brown. And,
|
|||
|
reportedly, they and Undersecretary Lehman received a heated earfull
|
|||
|
of vehement complaints about the software-patent mess. It was at that
|
|||
|
time that Lehman made an incidental comment that they were planning
|
|||
|
hearings on this, early in '94. As of three weeks ago, they still
|
|||
|
hadn't firmed up dates - so this is apparently "hot off the wire."
|
|||
|
(Jon will be addressing it in the Feb'94 DDJ, the earliest issue in
|
|||
|
which he could insert details, once he got 'em.)
|
|||
|
|
|||
|
Seems to me that of us who prefer freedom of logic, rather than
|
|||
|
corporate monopoly of rationality (sez I, provocatively :-) should get
|
|||
|
geared up to saturate that RFC and those hearings with pro-freedom
|
|||
|
testimony and specific proposals. I got these details after business
|
|||
|
hours in D.C., so don't yet know how to file a comment or request to
|
|||
|
be heard. When I know more, you'll know more.
|
|||
|
|
|||
|
[I'm *wildly* backlogged on my email - perhaps 2,000 messages behind.
|
|||
|
So, if you need to communicate with me about this, better call
|
|||
|
(415-851-7075). But, I *will* send new details as I get 'em.]
|
|||
|
|
|||
|
Totally off the top of my head, I suspect testimony and comments
|
|||
|
should - in total - cover the following, as possible:
|
|||
|
|
|||
|
* Clearly support software copyright protections, as separate from
|
|||
|
opposing software patents.
|
|||
|
|
|||
|
* Detail horror stories of rank stupidity in some current software
|
|||
|
patents.
|
|||
|
|
|||
|
* Detail the financial waste, staff waste, product delays, innovation
|
|||
|
deterance, etc.
|
|||
|
|
|||
|
* Detail the *harm* to U.S. business and commerce of permitting the
|
|||
|
patenting of logical instruction-sequences - giving specific costs
|
|||
|
where possible.
|
|||
|
|
|||
|
* Detail the historical harm, abuse and disregard accorded ill-funded
|
|||
|
individuals and small companies when they patented technology desired
|
|||
|
by dorporate giants (e.g., TV inventor Filo Farnsworth, who never got
|
|||
|
a penny; xerography inventor Carlson who was old and gray before he
|
|||
|
finally won compensation from the corporate monoliths, etc.). We need
|
|||
|
to address and dispell the delusion that patents protect the small
|
|||
|
inventor.
|
|||
|
|
|||
|
* Illustrate the chilling effect on technologists' creativity and
|
|||
|
innovation if/when they must check each line of code the create
|
|||
|
against all possible software patents - once they are public.
|
|||
|
|
|||
|
* Address the difficulty -verging on impossibility -of separating
|
|||
|
"properly-protectable," "significant" software "invention" from
|
|||
|
improperly-protected incremental software innovation. * Outline the
|
|||
|
dangers to U.S. competitiveness as foreign corporations - less
|
|||
|
preoccupied with the near-term quarterly bottom-line - rigorously
|
|||
|
research software-applications areas (e.g., fuzzy logic), and patent
|
|||
|
every comma and semicolon of trivia.
|
|||
|
|
|||
|
* Outline dangers to national security and proper governmental
|
|||
|
processes from some software patents (e.g., tax-funded creation of
|
|||
|
public-key crypto, West Publishing's copyright of federal case-law
|
|||
|
citation numbers, etc.).
|
|||
|
|
|||
|
* Someone(s) better research the NAFTA and GATT agreements and see
|
|||
|
what hidden gotchas we have - or are about to - lock ourselves into re
|
|||
|
software processes. E.g., there has been mention that both the GATT
|
|||
|
and NAFTA functionally mandate software patents; also, there are
|
|||
|
rumors that the GATT (at least at one time) prohibited reverse
|
|||
|
engineering! I.e., is this RFC too late?
|
|||
|
|
|||
|
* Assuming that we will continue to be screwed by software patents in
|
|||
|
some form, propose concrete limitations on what can be patented.
|
|||
|
|
|||
|
* Assuming ditto, propose a concrete structure for the
|
|||
|
software-patent process - one that will at least deter or catch some
|
|||
|
of the more idiotic patents that have been granted.
|
|||
|
|
|||
|
* Assuming ditto, urge normalising U.S. patents - software and
|
|||
|
otherware - with those of the rest of the world, expecially regarding
|
|||
|
issues of first-to-use versus first-to-file and disclosure-upon-filing
|
|||
|
versus disclosure-upon-patent. (How the hell can programmers
|
|||
|
determine whether they're violating an already-used
|
|||
|
potentially-patentable procedure, when it's often not disclosed until
|
|||
|
several years after its holy first use?!!)
|
|||
|
|
|||
|
* Assuming ditto, propose a *very* short protection period for
|
|||
|
software patents - given the very short development period, speed to
|
|||
|
market and brief useful life of a given software product.
|
|||
|
|
|||
|
* Asumming ditto, propose a comprehensive public PTO library of prior
|
|||
|
art, with penalties against the PTO and PTO staff for issuing software
|
|||
|
patents when there is prior art in that library. (The Draconian
|
|||
|
approach. :-)
|
|||
|
|
|||
|
* And then there are the trivial matters of Constitutional Principles
|
|||
|
and software-industry history: The Constitution authorizes patents,
|
|||
|
"To promote the progress of science and useful arts." Software
|
|||
|
patents do the opposite. Computing and software innovation has grown
|
|||
|
vigorously and generated unending millionaires and corporate successes
|
|||
|
*without* the protection of software patents. There are endless
|
|||
|
examples of developments that would not have happened at all, or would
|
|||
|
have occured decades later, if earlier software developments had been
|
|||
|
patented - b-trees, shell-sort, relational DBMS, GUIs, object-oriented
|
|||
|
programming, n-way tape merges, packet nets, etc.
|
|||
|
|
|||
|
More flames later. THIS IS THE TIME TO SPEAK UP! NOW!
|
|||
|
|
|||
|
------------------------------
|
|||
|
|
|||
|
Date: Thu, 9 Dec 93 11:45:45 PST
|
|||
|
From: Susan Evoy <evoy@EUPHRATES.STANFORD.EDU>
|
|||
|
Subject: File 6--Edited ASIS '94 Mid Year Meeting Announcement
|
|||
|
|
|||
|
----- Forwarded message begins here -----
|
|||
|
|
|||
|
From--American Society for Information Science <asis@CNI.ORG>
|
|||
|
Subject--ASIS '94 Mid-Year Meeting
|
|||
|
|
|||
|
1994 Mid-Year Meeting, American Society for Information
|
|||
|
Science
|
|||
|
|
|||
|
Navigating the Networks
|
|||
|
May 22 - 25, 1994
|
|||
|
Red Lion Hotel, Columbia River
|
|||
|
Portland, Oregon
|
|||
|
|
|||
|
With amazing speed electronic networking systems have
|
|||
|
grown up around us; once simple roads leading directly to
|
|||
|
our destination have become a complex of interchanges and
|
|||
|
intersections, whether seen or not. Networking has
|
|||
|
experienced a phenomenal rate of growth (11,000 networks
|
|||
|
currently); the need for road maps, directional signs and
|
|||
|
directories is painfully clear and the implementation of
|
|||
|
wireless communications has barely begun.
|
|||
|
|
|||
|
What will the interfaces be in the future? Will there be
|
|||
|
"smart highways" guiding drivers speed, direction, etc.
|
|||
|
and determining the best routing? Will knowbotsc become
|
|||
|
the search vehicle of choice? Who, if anyone, will be
|
|||
|
the electronic traffic cops and can we rely on either the
|
|||
|
legislatures or the courts to determine our future? Will
|
|||
|
there be toll roads? Can the electronic highways as we
|
|||
|
now know them (public networks) support both individual
|
|||
|
users (passenger cars) and commercial users (the tractor
|
|||
|
trailers of the digital highways)? What changes will
|
|||
|
take place in publishing, both scholarly and commercial?
|
|||
|
|
|||
|
While online communicating via networks was once
|
|||
|
predominantly academic/research, the corporate world is
|
|||
|
the fastest growing sector (over 500,000 users) of
|
|||
|
national and international network users. Commercial
|
|||
|
How will legitimate U.S. and corporate security concerns
|
|||
|
and individual privacy fears be ameliorated in the new
|
|||
|
high speed data highway system? Will commercial traffic
|
|||
|
fundamentally alter the education/research sense of
|
|||
|
community that has grown up with Internet?
|
|||
|
|
|||
|
Will "sneaker nets," LANs and WANs, be replaced by
|
|||
|
wireless networks, groupware and collaborative computer-
|
|||
|
supported work. What changes will result in how we work
|
|||
|
and what we do? Will decisions inexorably become more
|
|||
|
democratic but slower as has been predicted? Will the
|
|||
|
horns and shouts of inner city traffic be a metaphor for
|
|||
|
the "white noise" of computer lists and discussion
|
|||
|
groups? What tools exist for filtering out "noise" and
|
|||
|
what impact will that have on our work?
|
|||
|
|
|||
|
Invitation
|
|||
|
The 1994 ASIS Mid-Year Meeting, "Navigating the Networks"
|
|||
|
has as its focus the human side of networks, the
|
|||
|
psychology and sociology of using networks. What has
|
|||
|
been and will be the impact of networking technology on
|
|||
|
the individual and on organizations, their structure and
|
|||
|
goals?
|
|||
|
|
|||
|
ASIS 1994 Mid-Year Meeting
|
|||
|
8720 Georgia Avenue, Suite 501
|
|||
|
Silver Spring, MD 20910
|
|||
|
rhill@cni.org
|
|||
|
|
|||
|
------------------------------
|
|||
|
|
|||
|
End of Computer Underground Digest #5.94
|
|||
|
************************************
|
|||
|
|
|||
|
|
|||
|
|