944 lines
43 KiB
Plaintext
944 lines
43 KiB
Plaintext
![]() |
Computer underground Digest Thu Jan 13 1994 Volume 6 : Issue 06
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ISSN 1004-042X
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Editors: Jim Thomas and Gordon Meyer (TK0JUT2@NIU.BITNET)
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Archivist: Brendan Kehoe (Improving each day)
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Acting Archivist: Stanton McCandlish
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Shadow-Archivists: Dan Carosone / Paul Southworth
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Ralph Sims / Jyrki Kuoppala
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Ian Dickinson
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Copy Enigmator: A. Conan Drumme
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CONTENTS:
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File 1--Bay Area BBS bust.
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File 2--Personal E-mail-Networking W/outLANs; Gay on-line Services
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File 3--GAO Data Matching Report
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File 4--John Perry Barlow, MBONE, 9:00 AM - 10:30 AM PST, Jan 17
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File 5--New Legion of Doom T-shirts available
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File 6--Patent/Tradmark Office Call for Comment (fwd)
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File 7--More about 1/94 & 2/94 PTO SOFTWARE-PATENTS HEARINGS
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File 8--Closing the "Values-gap": Learning from the Titanic
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File 9--SotMESC Scholarship Fund Solicits Applications
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Cu-Digest is a weekly electronic journal/newsletter. Subscriptions are
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available at no cost electronically from tk0jut2@mvs.cso.niu.edu. The
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editors may be contacted by voice (815-753-0303), fax (815-753-6302)
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or U.S. mail at: Jim Thomas, Department of Sociology, NIU, DeKalb, IL
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60115.
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Issues of CuD can also be found in the Usenet comp.society.cu-digest
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news group; on CompuServe in DL0 and DL4 of the IBMBBS SIG, DL1 of
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LAWSIG, and DL1 of TELECOM; on GEnie in the PF*NPC RT
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libraries and in the VIRUS/SECURITY library; from America Online in
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the PC Telecom forum under "computing newsletters;"
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On Delphi in the General Discussion database of the Internet SIG;
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on the PC-EXEC BBS at (414) 789-4210; and on: Rune Stone BBS (IIRG
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WHQ) (203) 832-8441 NUP:Conspiracy; RIPCO BBS (312) 528-5020
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CuD is also available via Fidonet File Request from 1:11/70; unlisted
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nodes and points welcome.
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EUROPE: from the ComNet in LUXEMBOURG BBS (++352) 466893;
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In ITALY: Bits against the Empire BBS: +39-461-980493
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ANONYMOUS FTP SITES:
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AUSTRALIA: ftp.ee.mu.oz.au (128.250.77.2) in /pub/text/CuD.
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EUROPE: ftp.funet.fi in pub/doc/cud. (Finland)
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UNITED STATES:
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aql.gatech.edu (128.61.10.53) in /pub/eff/cud
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etext.archive.umich.edu (141.211.164.18) in /pub/CuD/cud
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ftp.eff.org (192.88.144.4) in /pub/Publications/CuD
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halcyon.com( 202.135.191.2) in mirror2/cud
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ftp.warwick.ac.uk in pub/cud (United Kingdom)
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KOREA: ftp: cair.kaist.ac.kr in /doc/eff/cud
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COMPUTER UNDERGROUND DIGEST is an open forum dedicated to sharing
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information among computerists and to the presentation and debate of
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diverse views. CuD material may be reprinted for non-profit as long
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as the source is cited. Authors hold a presumptive copyright, and
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they should be contacted for reprint permission. It is assumed that
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non-personal mail to the moderators may be reprinted unless otherwise
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specified. Readers are encouraged to submit reasoned articles
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relating to computer culture and communication. Articles are
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preferred to short responses. Please avoid quoting previous posts
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unless absolutely necessary.
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DISCLAIMER: The views represented herein do not necessarily represent
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the views of the moderators. Digest contributors assume all
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responsibility for ensuring that articles submitted do not
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violate copyright protections.
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----------------------------------------------------------------------
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Date: Tue, 11 Jan 94 12:43:51 PST
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From: hkhenson@CUP.PORTAL.COM
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Subject: File 1--Bay Area BBS bust.
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About two years ago I helped a guy from Milpitias (just north of San
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Jose) deal with a BBS bust at what he described as a "light" porn BBS.
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The San Jose cops realized shortly that they had really goofed by not
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considering the ECPA and related laws in their search & seizure. The
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result was that they gave his system back after five weeks, and stated
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in a written release that this guy's activities were within the scope
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of the law. The BBS is called Amateur Action, and the sysop's name is
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Robert Thomas (408-263-1079). Robert's lawyer, Richard Williams's
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phone number is 408-295-6336.
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Last night about 8 pm, Robert (who I have yet to meet in person)
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called. A search warrant was being served at that very moment by the
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US Postal Inspectors, who (with the help of San Jose cops) were
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packing up his equipment and carting it out--again. Robert managed to
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get one of these inspectors on the phone with me. This inspector
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seemed to be rather knowledgeable of such things as the ECPA, 2000aa,
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and the Steve Jackson case. He stated he was completely unconcerned
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about their lack of warrants for email! He piously stated that,
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because it was their intent to bring the system back within a "few
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days" and, as a result of the short interruption of user access, and
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their good intent "not to look at private email," they were completely
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safe from the provisions of the ECPA. This postal inspector gave his
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name as David Dirmeyer, from Tennessee (does this sound like Bible Belt
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prosecution for pron?) and gave me the name of the US Attorney he was
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working under, one Dan Newson with a phone of 901-544-4231 in TN
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(though he stated that the phone # would be of no use because Dan was
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at a conference for a week).
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For what it is worth, the postal inspector said they were using the
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San Jose cops on the bust because they did not have the expertise
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themselves to move the system and make copies. According to the
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investigator, they did not know that they could get a court order to
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have a backup of the system made on the spot. It may be that Robert
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is the target. (In spite of not meeting him, I suspect Richard may be
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the kind of smart alec who attracts the attention of cops.)
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Robert said there was a mystery package which came today in the mail
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today (which his son and wife picked up and she opened). The package
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turned out to be real honest-to-gosh kiddy porn.
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Robert claims not to have ordered it, and considering that his wife
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picked the (unexpected) package up and opened it, I think this is the
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actual case. Robert was busy with system problems that afternoon and
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had not gotten around to doing anything about the stuff. The guy who
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sent it is known as "Lance White," who Robert thinks is one of his BBS
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members. (As is postal inspector Dirmeyer.) They had Robert pull all
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postal correspondence with this guy (video porn orders) from his files
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and took it with them.
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Robert thinks the postal folks may be after this guy, and his BBS just
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got caught in the middle. An interesting side point is that while they
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asked for the package which came that day when they came in, they did
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not have a warrant for it, and said they would have drive over to SF
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to get one unless he volunteered to give it up. Robert signed off that
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they could take it, and they did. He noted this morning that the
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original warrant he has was neither signed nor dated, though a judge's
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name was typed in.
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I don't know if this is something of marginal concern to those of us
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concerned with government abuse of people's computers and
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communications or a major concern. I intend to find out more, but if
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the ECPA is applicable, this guy had about 3500 users, over 2k pieces
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of protected email on his system, plus (I think) agreements with his
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uses for him to represent them in an ECPA related legal action--two
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million dollars if I am multiplying right. (My "Warning to Law
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Enforcement Agents" was part of his signup screens.)
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Question for Mike Godwin. One aspect of this case gives me the shakes.
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*Anyone* with a grudge (and access to this kind of stuff) can send you
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a package in the mail and tip off the postal inspectors. Short of the
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obvious (don't make enemies!) how can you protect yourself from this
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kind of attack?
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My non-lawyer thoughts:
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Burn it at once!
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Call my lawyer.
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Call the cops.
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For a while this will be a very serious problem, because *any* of us
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with readily available morfing tools can make (what looks like) kiddy
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porn out of legal porn.
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Keith Henson
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408-972-1132
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hkhenson@cup.portal.com
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------------------------------
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Date: Sun, 09 Jan 94 17:16:49 PST
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From: David.Batterson@F290.N105.Z1.FIDONET.ORG(David Batterson)
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Subject: File 2--Personal E-mail-Networking W/outLANs; Gay on-line Services
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Personal E-mail - Networking Without LANs
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by David Batterson
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While the wired generation continues to gobble up cyberspace
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access via PRODIGY, The Internet, UseNet, AOL, GEnie, CompuServe,
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DELPHI, MCI Mail, LANs, WANs and BBSs, one software firm is taking a
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questionable detour from the Information Highway.
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AmerCom, an Oregon startup company, has developed an electronic
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mail program called Personal-E Mailbox that lets you send and receive
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e-mail on a direct PC-to-PC basis. Personal-E answers the phone,
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switching any voice callers to an operator or answering machine/voice
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mail system, and stores all e-mail messages for later reading and
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response.
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The idea behind Personal-E is to provide a means of setting up a
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cheap network that's easy to use and maintain. The software can be
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used by a company, nonprofit organization, radio station, little
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league team, or church group to exchange e-mail and read information.
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You can also upload/download small files (up to 30K), although file
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transfer is a minor function of this dedicated e-mail software. The
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program will also run from a floppy, for users on the road who might
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use another's PC.
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When you call someone using Personal-E Mailbox, there's no
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annoying modem squawk. Instead, both sender and receiver hear normal
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ring tones. Personal-E Mailbox works with virtually any PC, 2400 bps
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or faster Hayes-compatible modem, and any answering machine.
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Personal-E Mailbox is considered a "lite" version of what will be
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newer, more powerful personal e-mail programs, says AmerCom CEO Judge
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Schonfeld. Schonfeld called the product a "no brainer." That's why
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they are sticking with widely-used 2400-bps modems. Even if you use a
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14.4K-bps modem, Personal-E lowers the speed down to a laggard
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2400-bps during transmissions.
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AmerCom will donate a free copy to any U.S.
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senator/representative, major media organization or public library
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that requests one. So far there have been no takers from politicians,
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Schonfeld admits. Just getting the White House online has been a
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mixed success so far, and Congress is still wresting with public
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e-mail access. So expecting them to jump into an unproven e-mail
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system seems very unlikely at this juncture.
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Personal-E Mailbox doesn't replace your usual communications
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software or BBSs and online services, but rather aims to serve a
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growing niche market: small, personal networks. Schonfeld said that
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some of those now using Personal-E include US Navy recruiting offices,
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public schools, universities, Realtors, small businesses and home
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users.
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With the trend toward cable phone service and wireless
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communications surging ahead like a roadrunner, will AmerCom's
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simplified approach play in Peoria? Stay tuned and see.
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Personal-E Mailbox: $29.95, $49.95 for a Twin Pack.
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AmerCom, Inc. (503) 531-2880 FAX: (503) 531-2884 AOL: CochJim (Jim Cochell)
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==========================
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Gay-Friendly National Online Service
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by David Batterson
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Millennium Online, a new national online service was launched
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last year in Florida and continues to attract new subscribers on a
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daily basis. Operated by Millennium Global of Clearwater, Florida,
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the new computer information service is not gay-owned but it's
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definitely "gay-friendly."
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According to Senior Account Executive Sandra Fidale, "20 percent
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of the sales force is gay or lesbian. I myself am out and my spouse
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is recognized by Millennium at all corporate functions as what and who
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she is: my spouse."
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Fidale added that "to the best of my knowledge, Millennium Global
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was one of the first businesses recognized by the Human Rights Task
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Force (HRTF) of Tampa Bay. Millennium Global was in the first issue
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of the 'Buycott Handbook' published by the HRTF."
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The online service, similar to PRODIGY, CompuServe, GEnie and
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America Online, offers a variety of features including electronic mail
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and message forums, news and financial information. In addition,
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there is buying and selling of real estate, discounted credit cards,
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real-time ("live") chatting, interactive games, shareware downloads,
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local access numbers, and access to The Internet.
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"The Internet doubles in size annually and now links over two
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million computers serving some six million users," said Vinton Cerf,
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president of the Internet Society. "When electronic mail
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interconnects are taken into account, nearly 20 million users conduct
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their business from labs, homes and offices over the Internet," Cerf
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said.
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There is no surcharge for 9600-bps modem access as with most
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other major online systems.
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A gay forum on Millennium Online is sponsored and hosted by 10
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PERCENT magazine. You can read selected articles from 10 PERCENT
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Magazine online. 10 PERCENT and Life Management--a gay/lesbian
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support services and risk management organization--are placing Network
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Ten online. Network Ten is an information resource designed by gay
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and lesbian professionals to meet the needs of lesbians and gay men,
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24 hours a day, 365 days a year, confidentially and from the privacy
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of your home or office.
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10 PERCENT also offers a Gay and Lesbian Business and Service
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Directory that defaults to the member's area code. In addition to the
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gay forum, Millennium Online provides online HIV/AIDS counseling and
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an online newsletter through the AIDS Coalition, a PLWA forum.
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The service provides complimentary advertising internationally
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for any non-profit AIDS organization, and supplies daily AIDS updates
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from a variety of resources on both legal and medical issues.
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Millennium distributes condoms donated by ACP (AIDS Coalition of
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Pinellas), and has distributed many condoms to Northwestern
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University's Gay Student Union.
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When Millennium Online officials appear at trade shows, they pass
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out small black packets that have the likeness of a floppy disk on
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them, and "WE
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HOLD THE FUTURE" printed on the back. Inside are LifeStyles condoms. The
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promotion has generally been received favorably.
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The popular SHOCKING GRAY catalog is also online, with selected
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photos and interactive customer service capabilities. SHOCKING GRAY
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distributes Millennium Online's brochures, and is placing Millennium
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Online in their future catalogs.
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Millennium Online offers CommunitySpirit's long distance calling
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program to their membership, and will be a resource for Overlooked
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Opinions in future polls. In addition to online services, Millennium
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Global donates two percent of all corporate profits to the AIDS
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Coalition, and accesses all telecommunications products through the
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CommunitySpirit program.
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Since Millennium Online has corporate sponsors, this allows the
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company to charge less than comparable services. Users pay $10 a
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month plus .10 per minute for unlimited access to all services
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including The Internet. E-mail messages are unlimited, and include
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free return receipts, sound, graphics and choice of onscreen fonts.
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For more information, contact Millennium Global, Inc., One
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Corporate Drive, Suite 119, Clearwater, FL 34622; (800) 774-0122,
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(813) 572-0122, FAX: (813) 571-1183.
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###
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David Batterson of Portland, OR, writes about computers, online
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services and gay/lesbian subjects for various newspapers and magazines.
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Contact him at: dbatterson@mcimail.com or Fido NetMail: 1:105/290.
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------------------------------
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Date: Mon, 3 Jan 1994 15:14:32 EST
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From: Dave Banisar <banisar@WASHOFC.CPSR.ORG>
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Subject: File 3--GAO Data Matching Report
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GAO Data Matching Report
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ONE HUNDRED THIRD CONGRESS
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CONGRESS OF THE UNITED STATES
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HOUSE OF REPRESENTATIVES
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COMMITTEE ON GOVERNMENT OPERATIONS
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2157 RAYBURN HOUSE OFFICE BUILDING
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WASHINGTON, DC 20515-8143
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PRIVACY CONTROLS OVER COMPUTER MATCHING LARGELY IGNORED
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Rep. Condit Releases New GAO Report
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A new General Accounting Office (GAO) report found serious
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deficiencies in implementation of the 1988 Computer Matching and Privacy
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Protection Act The report was released today by Rep. Gary A.
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Condit (D-CA), chairman of the Subcommittee on Information, Justice,
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Transportation, and Agriculture.
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Computer matching is the identification of similarities or
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dissimilarities in data found in two or more computer files. Matching is
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frequently used to identify delinquent debtors or ineligible program
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recipients. Computer matching has been criticized as an invasion of
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privacy, and the Computer Matching and Privacy Protection Act was passed to
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regulate the use of computer matching by federal agencies.
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In releasing the report, Rep. Condit said: "Most federal
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agencies have done a lousy job of complying with the Computer Matching Act.
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Agencies ignore the law or interpret it to suit their own
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bureaucratic convenience, without regard for the privacy interests
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that the law was designed to protect.
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"As a result, we don't have any idea when computer matching is
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a cost-effective technique for preventing fraud, waste, and abuse. I
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support reasonable computer matching that saves money. But if we are
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losing money, wasting resources, and invading privacy, then it makes no
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sense.
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"A broader issue is whether agencies can be expected to police
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their own operations that affect the privacy of the average citizen.
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Certainly OMB has done little to assist. We may need a different approach
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to overseeing federal privacy-related activities."
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GAO found numerous problems with the implementation of the Act's
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requirements.
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|
Cost-Benefit Analyses: The Act requires that matching programs
|
||
|
include an analysis of the costs and benefits of the matching. One of the
|
||
|
purposes of the Act was to limit the use of matching to instances where the
|
||
|
technique was cost effective. GAO found many problems with
|
||
|
implementation of this requirement, including poor quality or non-existent
|
||
|
analyses. In 41% of cases, no attempt was made to estimate costs or
|
||
|
benefits or both.
|
||
|
|
||
|
In 59% of cases whem costs and benefits were esfimted, GAO
|
||
|
found that not all reasonable costs and benefits were considered; that
|
||
|
inadequate analyses were provided to support savings claims; and that no
|
||
|
effort was made after the match to validate estimates.
|
||
|
|
||
|
o Data Integrity Boards: The Act requires agencies involved in
|
||
|
matching activities to establish a Data Integrity Board to oversee the
|
||
|
process. GAO found that the Boards were not providing full and earnest
|
||
|
reviews of proposed matches. GAO did not find any instance in which a
|
||
|
Board pemianently cancelled an ongoing matching program or refused to
|
||
|
approve a newly proposed one.
|
||
|
|
||
|
GAO did not find evidence that the requirements of the matching
|
||
|
act were used by the Boards to determine if a match should be approved. GAO
|
||
|
also found that the implementation of the new procedures does not appear to
|
||
|
have had major effects on the most important review process, the decision
|
||
|
to conduct the match.
|
||
|
|
||
|
GAO found that the Data Integrity Boards generally accepted
|
||
|
agencies and states cost-benefit analyses despite their "severe
|
||
|
methodological flaws and lack of documentation." The documentation often
|
||
|
failed to show how costs and benefits were calculated or the time period
|
||
|
for expected savings. Agencies rarely estimated the most significant
|
||
|
costs.
|
||
|
|
||
|
Overall, GAO found that the Data Integrity Boards provide less
|
||
|
than a full and earnest review of matching agreements to detem-dne whether
|
||
|
to proceed with proposed matches, but rather a regularization of the
|
||
|
approval process.
|
||
|
|
||
|
The report is titled Computer Matching: Quality of Decisions
|
||
|
and Supporting Analyses Little Affected by 1988 Act. The report number is
|
||
|
GAO/PEMD-94-2, and the date is October 18, 1993. Copies can be obtained
|
||
|
[for free] from GAO by calling 202-512-6000.
|
||
|
|
||
|
------------------------------
|
||
|
|
||
|
Date: Wed, 12 Jan 1994 14:10:13 -0500 (EST)
|
||
|
From: Stanton McCandlish <mech@EFF.ORG>
|
||
|
Subject: File 4--John Perry Barlow, MBONE, 9:00 AM - 10:30 AM PST, Jan 17
|
||
|
|
||
|
John Perry Barlow will deliver the keynote address opening the winter
|
||
|
USENIX conference at the San Francisco Hilton, Jan 17-21, 1994. The
|
||
|
keynote will be broadcast (audio and video) on the Internet MBONE from
|
||
|
a bit after 9:00 AM to 10:30 AM PST on Monday, January 17.
|
||
|
|
||
|
Barlow will speak on recent developments in the national information
|
||
|
infrastructure, telecommunications regulations, cryptography,
|
||
|
globalization of the Net, intellectual property, and, generally, of
|
||
|
the settlement of Cyberspace.
|
||
|
|
||
|
In 1990, Mr. Barlow and Mitch Kapor co-founded the Electronic Frontier
|
||
|
Foundation, and he currently serves as chair of its executive
|
||
|
committee.
|
||
|
|
||
|
<thanks to Evi Nemeth, evi@piper.cs.colorado.edu>
|
||
|
|
||
|
------------------------------
|
||
|
|
||
|
Date: Wed, 12 Jan 94 02:15:43 EST
|
||
|
From: erikb@PHANTOM.COM(Chris Goggans)
|
||
|
Subject: File 5--New Legion of Doom T-shirts available
|
||
|
|
||
|
After a complete sellout at HoHo Con 1993 in Austin, TX this past
|
||
|
December, the official Legion of Doom t-shirts are available
|
||
|
once again. Join the net luminaries world-wide in owning one of
|
||
|
these amazing shirts. Impress members of the opposite sex, increase
|
||
|
your IQ, annoy system administrators, get raided by the government and
|
||
|
lose your wardrobe!
|
||
|
|
||
|
Can a t-shirt really do all this? Of course it can!
|
||
|
|
||
|
============================================================
|
||
|
|
||
|
"THE HACKER WAR -- LOD vs MOD"
|
||
|
|
||
|
This t-shirt chronicles the infamous "Hacker War" between rival
|
||
|
groups The Legion of Doom and The Masters of Destruction. The front
|
||
|
of the shirt displays a flight map of the various battle-sites
|
||
|
hit by MOD and tracked by LOD. The back of the shirt
|
||
|
has a detailed timeline of the key dates in the conflict, and
|
||
|
a rather ironic quote from an MOD member.
|
||
|
|
||
|
(For a limited time, the original is back!)
|
||
|
|
||
|
"LEGION OF DOOM -- INTERNET WORLD TOUR"
|
||
|
|
||
|
The front of this classic shirt displays "Legion of Doom Internet World
|
||
|
Tour" as well as a sword and telephone intersecting the planet
|
||
|
earth, skull-and-crossbones style. The back displays the
|
||
|
words "Hacking for Jesus" as well as a substantial list of "tour-stops"
|
||
|
(internet sites) and a quote from Aleister Crowley.
|
||
|
|
||
|
+--------------------------------------------------------
|
||
|
|
||
|
All t-shirts are sized XL, and are 100% cotton.
|
||
|
|
||
|
Cost is $15.00 (US) per shirt. International orders add $5.00 per shirt for
|
||
|
postage.
|
||
|
|
||
|
Send checks or money orders. Please, no credit cards, even if
|
||
|
it's really your card.
|
||
|
|
||
|
|
||
|
Name: __________________________________________________
|
||
|
|
||
|
Address: __________________________________________________
|
||
|
|
||
|
City, State, Zip: __________________________________________
|
||
|
|
||
|
|
||
|
I want ____ "Hacker War" shirt(s)
|
||
|
|
||
|
I want ____ "Internet World Tour" shirt(s)
|
||
|
|
||
|
Enclosed is $______ for the total cost.
|
||
|
|
||
|
|
||
|
Mail to: Chris Goggans
|
||
|
603 W. 13th #1A-278
|
||
|
Austin, TX 78701
|
||
|
|
||
|
|
||
|
These T-shirts are sold only as a novelty items, and are in no way
|
||
|
attempting to glorify computer crime.
|
||
|
|
||
|
------------------------------
|
||
|
|
||
|
Date: Sun, 9 Jan 1994 08:13:19 +0200 (WET)
|
||
|
From: ygoland@SEAS.UCLA.EDU
|
||
|
Subject: File 6--Patent/Tradmark Office Call for Comment (fwd)
|
||
|
|
||
|
Forwarded message:
|
||
|
|
||
|
From--cdh@gnu.ai.mit.edu
|
||
|
Subject-- PTO Call for Comment
|
||
|
Date--Wed, 5 Jan 94 10:27:09 est
|
||
|
|
||
|
CALL for LETTERS
|
||
|
|
||
|
Since the formation of the League for Programming Freedom it has been
|
||
|
our contention that patents should not be granted on software. Many
|
||
|
people in the academic community and industry share this position.
|
||
|
We are now being offered an opportunity to affect a change in the
|
||
|
current patent system.
|
||
|
|
||
|
The United States Patent Office is now admiting that there is
|
||
|
something wrong with the way patents on software are currently
|
||
|
implemented. They have issued the attached statement calling for
|
||
|
statements to be made on software patents.
|
||
|
|
||
|
The League for Programming Freedom plans on sending a representitive
|
||
|
to testify in these hearings. We are also asking all concerned
|
||
|
individuals to send their comments to the patent office. To make it
|
||
|
easiest for people to do this the LPF has set up a mailbox for this
|
||
|
purpose.
|
||
|
|
||
|
To make comments please send email to lpf-pto-letters@prep.ai.mit.edu.
|
||
|
This will send your message to the patent office and to the LPF so we
|
||
|
can keep track of this activity. If you choose to send in your
|
||
|
comments via US Mail we would appreciate it if you could CC a copy to
|
||
|
the LPF so we can have it in our files.
|
||
|
|
||
|
Since this is such an important opportunity I urge all of those
|
||
|
concerned to take the time to send a letter to the Patent Office.
|
||
|
This may be our last chance to change the system of software patents.
|
||
|
|
||
|
Christian D. Hofstader
|
||
|
President
|
||
|
League for Programming Freedom
|
||
|
(617) 492 0023
|
||
|
|
||
|
cdh@prep.ai.mit.edu
|
||
|
|
||
|
The following is the request by the Patent and Trademark Office:
|
||
|
|
||
|
DEPARTMENT OF COMMERCE
|
||
|
Patent and Trademark Office
|
||
|
Docket #: 931222-3322
|
||
|
|
||
|
Notice of Public Hearings and Request for Comments on
|
||
|
Patent Protection for Software-Related Inventions
|
||
|
|
||
|
AGENCY: Patent and Trademark Office, Department of Commerce
|
||
|
|
||
|
ACTION: Notice of hearings and request for public comments
|
||
|
|
||
|
SUMMARY: The Patent and Trademark Office (PTO) is interested in obtaining
|
||
|
public input on issues associated with the patenting of software-related
|
||
|
inventions. Interested members of the public are invited to testify at
|
||
|
public hearings and to present written comments on any of the topics
|
||
|
outlined in the supplementary information section of this notice.
|
||
|
|
||
|
DATES: Public hearings will be held on January 26-27, 1994, at the San Jose
|
||
|
Convention Center, 408 Almaden Avenue, San Jose, California, and on February
|
||
|
10-11, 1994, at the Crystal Forum in Arlington, Virginia. Those wishing to
|
||
|
present oral testimony at any of the hearings must request an opportunity to
|
||
|
do so no later than five days before the date of the hearing at which they
|
||
|
wish to testify. Written comments on the topics presented in the
|
||
|
supplementary information section of this notice should be received by the
|
||
|
PTO on or before March 15, 1994.
|
||
|
|
||
|
ADDRESSES: Those interested in presenting written comments on the topics
|
||
|
presented in the supplementary information, or any other related topics,
|
||
|
should address their comments to the Commissioner of Patents and Trademarks,
|
||
|
marked to the attention of Jeff Kushan. Comments submitted by mail should
|
||
|
be sent to Commissioner of Patents and Trademarks, Box 4, Patent and
|
||
|
Trademark Office, Washington, DC 20231. Comments may also be submitted by
|
||
|
telefax at (703) 305-8885 and by electronic mail through the Internet to
|
||
|
comments-software@uspto.gov. Written comments should include the following
|
||
|
information: - name and affiliation of the individual responding; - an
|
||
|
indication of whether comments offered represent views of the individual's
|
||
|
organization or are the respondent's personal views; and - if applicable,
|
||
|
the nature of the respondent's organization, including the size, type of
|
||
|
organization (e.g., business, trade group, university, non-profit
|
||
|
organization) and principal areas of business or software development
|
||
|
activity.
|
||
|
|
||
|
Parties offering testimony or written comments are asked to provide their
|
||
|
comments in machine readable format in one of the following file formats:
|
||
|
ASCII text, WordPerfect for DOS version 4.2 or 5.x, WordPerfect for Windows
|
||
|
version 5.x, Word for Windows version 1.0 or 2.0, Word for DOS version 5.0,
|
||
|
Word for Macintosh version 3.0, 4.0 or 5.x, or WordPerfect for Macintosh
|
||
|
version 2.x.
|
||
|
|
||
|
Persons wishing to testify must notify Jeff Kushan no later than five (5)
|
||
|
days before the date of the hearing at which they wish to testify. Mr.
|
||
|
Kushan can be reached by mail sent to his attention addressed to the
|
||
|
Commissioner of Patents and Trademarks, Box 4, Washington, DC 20231; by
|
||
|
phone at (703) 305-9300; or by telefax at (703) 305-8885. No requests for
|
||
|
presenting oral testimony will be accepted through electronic mail.
|
||
|
|
||
|
Written comments and transcripts of the hearings will be available for
|
||
|
public inspection no later than March 30, 1994, in Room 902 of Crystal Park
|
||
|
Two, 2121 Crystal Drive, Arlington, Virginia. In addition, transcripts of
|
||
|
the hearings and comments provided in machine readable format will be
|
||
|
available after March 16, 1994, through anonymous file transfer protocol
|
||
|
(ftp) via the Internet (address: comments.uspto.gov), and will be available
|
||
|
for Wide Area Information Server (WAIS) searching after March 30, 1994.
|
||
|
|
||
|
FOR FURTHER INFORMATION CONTACT: Jeff Kushan by telephone at (703) 305-9300,
|
||
|
by fax at (703) 305-8885, by electronic mail at kushan@uspto.gov, or by mail
|
||
|
marked to his attention addressed to the Commissioner of Patents and
|
||
|
Trademarks, Box 4, Washington, DC 20231.
|
||
|
|
||
|
------------------------------
|
||
|
|
||
|
Date: Mon, 20 Dec 1993 12:59:28 -0800
|
||
|
From: Jim Warren <jwarren@WELL.SF.CA.US>
|
||
|
Subject: File 7--More about 1/94 & 2/94 PTO SOFTWARE-PATENTS HEARINGS
|
||
|
|
||
|
Tracked down a bit more on the January and February Patent & Trademark
|
||
|
Office hearings on software patents - so-called, software-related
|
||
|
inventions:
|
||
|
|
||
|
Today (12/20), the Federal Register apparently [finally] carries the
|
||
|
public notice of the meetings - reportedly drafted and ready for
|
||
|
publication at the end of November. I am awaiting fax and electronic
|
||
|
copies of it and will post and e-distribute it after I get it.
|
||
|
|
||
|
For your very own original copy however, send email to
|
||
|
kushan@uspto.gov and put the following in the subject-line: fr notice
|
||
|
request (requests an electronic copy of the official Federal Register
|
||
|
notice).
|
||
|
|
||
|
The person apparently responsible for organizing the hearings is:
|
||
|
Jeff Kushan [NOT Kushman], Esq.
|
||
|
Legal and International Intellectual Property Specialist
|
||
|
Office of Legislation and International Affairs
|
||
|
U. S. Patent and Trademark Office
|
||
|
voice/703-305-9300; fax/703-305-8885; email/kushan@uspto.gov
|
||
|
|
||
|
He seemed knowledgable, was cordial, appeared frustrated by the
|
||
|
delay in the [required] Federal Register notice publication, and I had
|
||
|
the impression that he and/or the PTO has received more than a little
|
||
|
heat and fury over software-patent problems (though he made no such
|
||
|
specific statement).
|
||
|
|
||
|
Reporters and press can contact Ruth Ford in the PTO Public Affairs
|
||
|
Office at 703-305-8600 (East Coast time, of course). I am faxing a
|
||
|
large list of trade and lay-press technology reporters to Kushan, as
|
||
|
soon as I can dig it out.
|
||
|
|
||
|
This msg is being BLIND-copied to a number of technology reporters,
|
||
|
as well as a number of others who may be sensitive about their e-addrs
|
||
|
being in the msg header.]
|
||
|
|
||
|
The hearings will be Jan 26-27 (San Jose) and Feb 11-12 (Arlington),
|
||
|
before Patent Commissioner Bruce Lehman, senior PTO staff, some Dept.
|
||
|
of Commerce staff and/or officials, and probably others - specifics
|
||
|
still being planned.
|
||
|
|
||
|
Speakers will probably be limited to 7-12 minutes, but will be
|
||
|
permitted and encouraged to submit more extensive written comments,
|
||
|
before and for a limited period of time after the hearings.
|
||
|
|
||
|
+++++++++++
|
||
|
|
||
|
While I was uploading the previous msg, the fax-copy of the official
|
||
|
notice of the software-patent hearings arrived - 22 pages, plus
|
||
|
cover-sheet.
|
||
|
|
||
|
Just checked with Kushan; he sez he sent an electronic copy to me (but
|
||
|
I have to check into a different machine to dissect it from my mound
|
||
|
of email).
|
||
|
|
||
|
Given its length and electronic availability -- those wishing a copy,
|
||
|
please request it directly from Kushan at PTO. By email to
|
||
|
kushan@uspto.gov, use a subject-line stating, "fr notice request" .
|
||
|
|
||
|
--jim
|
||
|
Jim Warren, 415-851-7075
|
||
|
== Please copy, post and recirculate, widely. ==
|
||
|
|
||
|
------------------------------
|
||
|
|
||
|
Date: Mon, 3 Jan 1994 10:34:38 CST
|
||
|
From: Vigdor Schreibman - FINS <fins@ACCESS.DIGEX.NET>
|
||
|
Subject: File 8--Closing the "Values-gap": Learning from the Titanic
|
||
|
|
||
|
READ THIS ISSUE OF FINS TO CONSIDER:
|
||
|
|
||
|
* Lessons of the sinking of the Titanic
|
||
|
|
||
|
* Improving the giving/getting compact in our lives
|
||
|
|
||
|
================================================================
|
||
|
|
||
|
FINS: Communicating the Emerging Philosophy of The Information Age
|
||
|
FEDERAL INFORMATION NEWS SYNDICATE
|
||
|
VOL II, ISSUE NO. 1 (111 lines) EMBARGOED UNTIL JANUARY 3, 1994
|
||
|
|
||
|
|
||
|
CLOSING THE "VALUES-GAP":
|
||
|
New Beginnings: Learning from the Titanic
|
||
|
By Vigdor Schreibman
|
||
|
|
||
|
This is a hopeful time of year. Vice President Al Gore gave a
|
||
|
speech just before the new year telling us that as we explore the
|
||
|
challenges of the information age "we shouldn't hesitate to chart a
|
||
|
new course" to avoid the dangers of narrow thinking. He invoked
|
||
|
another of his wondrous metaphors, the tragedy of the sinking of the
|
||
|
Titanic 91 years ago, to illustrate the kind of problems that occur
|
||
|
when people are narrowly focused on profitable business interests and
|
||
|
feel no obligation to respond to larger public needs.
|
||
|
|
||
|
Gore observed that "The Titanic wound up two miles under the
|
||
|
surface of the North Atlantic in part because people hadn't realized
|
||
|
that radio was not just a curiosity but a way to save lives."
|
||
|
Moreover, he explained, government has an obligation to get involved
|
||
|
in such matters,
|
||
|
|
||
|
because there are certain public needs that outweigh private
|
||
|
interests. Today, as divers explore the hulk of the Titanic, we
|
||
|
face a similar problem. A new world awaits us. It is one that
|
||
|
can not only save lives but utterly change and enrich them. And
|
||
|
we need to rethink the role of government once more.
|
||
|
|
||
|
What Gore was suggesting was the need to rethink the interest
|
||
|
of the communications industry to be free of business regulation and
|
||
|
the public need "to avoid creating a society of information "haves"
|
||
|
and "have nots." He observed that the Government "cannot relax
|
||
|
restrictions from legislation and judicial decisions without strong
|
||
|
commitments and safeguards that there will be a 'public right of way'
|
||
|
on the information highway." Gore also asserted that "We must protect
|
||
|
the interests of the public sector. That's essential in building the
|
||
|
information highway. That's essential in providing affordable
|
||
|
services for public education, public health and government."
|
||
|
|
||
|
In short, a deal is being proposed: prudent deregulation of
|
||
|
private industry in return for a public right of way on the
|
||
|
information highway to serve paramount public needs so that everyone
|
||
|
will benefit. It has been more than a decade since Daniel Yankelovich
|
||
|
described the cultural revolution that is sweeping the United States,
|
||
|
"rewriting the giving/getting compact." That revolution revolves
|
||
|
around the struggle to lesson the influence of instrumental forces in
|
||
|
our lives and to heighten the sacred/expressive elements. In "New
|
||
|
Rules," Yankelovich described how "simultaneously tens of millions of
|
||
|
Americans have concluded that the old giving/getting compact that
|
||
|
served our society so well for so long must now be revised because it
|
||
|
fails to accommodate the sacred/expressive yearnings that lie at the
|
||
|
heart of people's experiments in self-fulfillment." [Yankelovich,
|
||
|
1981: ch. 22]. Al Gore has invoked the tragedy of the Titanic to
|
||
|
underscore the seriousness of that cultural and political yearning in
|
||
|
the context of proposed legislation for development of his
|
||
|
"information superhighways." On January 11, in Los Angeles, he will
|
||
|
outline in more detail the main components of the legislative package
|
||
|
the Clinton administration will present to Congress.
|
||
|
|
||
|
Congress has already provided for a strikingly successful
|
||
|
operational test bed of what is required; namely, the National
|
||
|
Research and Education Network (NREN) program connecting schools,
|
||
|
libraries, and local governments to each other and to the Internet.
|
||
|
An institutionalized NREN model can serve the paramount human, social,
|
||
|
and ecological priorities of the global people. The design of a
|
||
|
telecommunications infrastructure architecture that can serve the
|
||
|
public goods expected from the NREN program--that private industry has
|
||
|
no real interest in serving--is a precondition to the viability of any
|
||
|
public policy in this domain. Such an infrastructure must preclude
|
||
|
opportunistic industry controls governed by materialism and profit
|
||
|
maximization to the detriment of principled "third sector" purposes.
|
||
|
Moreover, the need for an appropriate infrastructure must not be
|
||
|
confused with operational functions of the infrastructure (e.g.,
|
||
|
universal access, privacy, etc.) that are distinct from and dependent
|
||
|
upon the infrastructure. What the "third sector" must have to realize
|
||
|
these paramount purposes of society, as recognized by enlightened
|
||
|
academic and real-world experience [e.g., McGarty, 1992], is total
|
||
|
control over its own necessary backbone network services, and
|
||
|
mid-level networks. This can be publicly supported by direct
|
||
|
instrumental subsidy and by a grant of financial interest in
|
||
|
commercial network services that have been made possible through
|
||
|
billions of dollars in Federal subsidies to industry. Congress can
|
||
|
franchise a National Public Network Corporation to competently manage
|
||
|
and coordinate those independent "third sector" network services.
|
||
|
Private enterprise in the information revolution should then be free
|
||
|
to pursue the gold mines of the 21st Century to their hearts content.
|
||
|
|
||
|
The deplorable "technological imperative" that has heretofore
|
||
|
guided the allocation of tens of billions of dollars annually for
|
||
|
public information technology, was recognized to be without public
|
||
|
vision in testimony before Congress Dec 2, 1993, by Sally Katzen,
|
||
|
Administrator of the OMB Office of Information and Regulatory Affairs.
|
||
|
The Titanic dangers that are inherent to the information age,
|
||
|
requiring instrumental support for public goods, is now openly
|
||
|
advocated by the Vice President. Sobering experience has taught us to
|
||
|
expect little from such declarations to ameliorate the rigged and
|
||
|
lopsided giving/getting compact in our lives, but the tide may be
|
||
|
turning. With a little luck and collective perseverance in pursuing
|
||
|
our purpose, something good could come of all this talk about
|
||
|
information superhighways.
|
||
|
|
||
|
=============== Federal Information News Syndicate, Vigdor Schreibman,
|
||
|
Editor & Publisher, 18 - 9th Street NE #206, Washington, DC
|
||
|
20002-6042. Copyright 1994 FINS. Internet: fins@access.digex.net.
|
||
|
FINS is archived at the inforM (Information for Maryland) system.
|
||
|
CapAccess, "All the Gopher Servers in the World" or Telnet
|
||
|
inforM.umd.edu /Educational_Resources/United_States/Government/FINS.
|
||
|
|
||
|
------------------------------
|
||
|
|
||
|
Date: Wed, 22 Dec 1993 16:23:18 -0600
|
||
|
From: "Robert E. Jones" <rejones@WHALE.ST.USM.EDU>
|
||
|
Subject: File 9--SotMESC Scholarship Fund Solicits Applications
|
||
|
|
||
|
The SotMESC scholarship fund is to advance those that wish to learn
|
||
|
more about the computer sciences, their applications and cultures.
|
||
|
|
||
|
The qualifications are for the person desiring such a scholarship to
|
||
|
print up in single-spaced format, double-spacing between the
|
||
|
paragraphs, a 15-20 page document detailing an aspect of the
|
||
|
Computer Culture.
|
||
|
|
||
|
All entries will be judged and measured by the SotMESC Scholarship
|
||
|
committee. Those that are accepted will be summarily reviewed by a
|
||
|
second group from the SotMESC and those that are deemed of quality
|
||
|
will receive scholarships based on their weighted averages.
|
||
|
|
||
|
This scholarship is open to anyone. All submissions will become the
|
||
|
property of the SotMESC. All authors will be recognized for their
|
||
|
submissions. Any and all references should be cited.
|
||
|
|
||
|
This fund is open and applicable to all accredited colleges and
|
||
|
universities. The amount of the scholarship and terms will vary
|
||
|
accordingly.
|
||
|
|
||
|
SotMESC
|
||
|
P.O. Box 573
|
||
|
Long Beach, Ms 39560
|
||
|
|
||
|
+++++++++++++++++++++++++++++++++++++++++++++++++++++++
|
||
|
|
||
|
Founded in 1989, this organization is dedicated to preserving the
|
||
|
integrity and cohesion of the computing society. By promoting
|
||
|
computer education, liberties and efficiency, we believe we can secure
|
||
|
freedoms for all computer users.
|
||
|
|
||
|
The Government needs to be led and educated on the computer
|
||
|
cultures and realms. The laws that have been pushed through our
|
||
|
legislative system are not solutions to our problems, but constraints
|
||
|
put upon us.
|
||
|
|
||
|
The people are on the edge of a technological backwash. They
|
||
|
will be choked on the amount of information that will be pouring into
|
||
|
their homes across the country. Tomorrow's generations must prepare
|
||
|
for a new society vastly different from that which we are living in
|
||
|
now.
|
||
|
|
||
|
The world is being tied into a global network at an astronomical
|
||
|
rate. Every month more services, networks, countries and facilities
|
||
|
are integrated into the world-wide networks than ever before. The
|
||
|
demand is increasing. Future network implementations and schemes need
|
||
|
to be formulated and put into place to meet this demand so that
|
||
|
everyone can be online throughout the world. Let us be united
|
||
|
together in information and communication.
|
||
|
|
||
|
The ability to telecommunicate and enjoy the freedoms of the nets
|
||
|
is a vital concern. Government regulations of personal privacy
|
||
|
compromises and lengthy restrictions to otherwise legal actions
|
||
|
outside of the nets is abhored. Our society is united in the networks
|
||
|
we reside upon in a full comprehensive effect.
|
||
|
|
||
|
Join Today !!!
|
||
|
|
||
|
Name:
|
||
|
Address:
|
||
|
|
||
|
Student/Military: $20+ Citizens: $50+ Corporations: $10,000+
|
||
|
|
||
|
Total Donation: Your donations are vital to us !!!
|
||
|
|
||
|
We will not be intimidated by any corporate donations.
|
||
|
|
||
|
All memberships will receive the SotMESC Newsletter to keep informed.
|
||
|
|
||
|
Projects :::
|
||
|
|
||
|
Providing scholarships to promote educated users.
|
||
|
Keeping members informed via the newsletter on events.
|
||
|
Keeping the public informed via the CSP Forum, an online system
|
||
|
-for the masses and members to utilize to keep informed.
|
||
|
Provide financing to those that are/have fought unjust computer
|
||
|
litigation.
|
||
|
Providing Legal advice to those members with such needs.
|
||
|
Working towards being able to provide a machine to members to gain
|
||
|
-accounts on and Internet services.
|
||
|
Attending conventions and providing reports to the members
|
||
|
-of the SotMESC via the newsletter.
|
||
|
Attending debates to dispute computer roles and cultures.
|
||
|
|
||
|
The SotMESC NewsLetter :::
|
||
|
|
||
|
A most informative array of articles and notices. Convention
|
||
|
topics and dates, along with ongoing activities. Computer news on the
|
||
|
Network community. Advice on preventing Government intervention and
|
||
|
infiltration. Networking information and sites. BBS prospects.
|
||
|
Monthly mailings. A -MUST- for anyone with a Modem !!! Etc . . .
|
||
|
|
||
|
++++++++++++++++++++++++++++++++++++++++++++++++++++++
|
||
|
|
||
|
Anyone on the networks, bulletin boards or familiar with the issues
|
||
|
of the computer realm can now get more information in an up-to-date
|
||
|
format by joining the SotMESC. Our newwsletters come out on a monthly
|
||
|
basis and feature articles about current computer legislation,
|
||
|
conventions, Internet sites and information, bulletin board numbers of
|
||
|
value, and details of the activities we are conducting to promote
|
||
|
computer usage over the lines, networks and courts.
|
||
|
|
||
|
Getting this newsletter is conditional to joining the SotMESC in
|
||
|
helping us provide programs and funding for projects to secure
|
||
|
computer usage and education. These projects include our scholarship
|
||
|
fund, computer relocation program for discarded systems, counseling,
|
||
|
promoting responsible laws for computer usage, and associated
|
||
|
activities.
|
||
|
|
||
|
------------------------------
|
||
|
|
||
|
End of Computer Underground Digest #6.06
|
||
|
************************************
|
||
|
|