889 lines
41 KiB
Plaintext
889 lines
41 KiB
Plaintext
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Computer underground Digest Wed Aug 10, 1994 Volume 6 : Issue 71
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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
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Retiring Shadow 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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Copywrite Editor: Eatingin Shrdlu
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CONTENTS, #6.71 (Wed, Aug 10, 1994)
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File 1--EFF Statement on Leahy/Edwards Digital Telephony Bill
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File 2--Today, PBS; tomorrow, the InfoBahn
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File 3--EPIC Seeks Release of FBI Wiretap Data
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File 4--Electronic Superhighway Introduced in House of Commons
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File 5--Essay Contest - Future of Print
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File 6--Announcing the COAST Security FTP Archive!
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File 7--CALL FOR PAPERS - Symposium on Computerized Information Mgmt
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Cu-Digest is a weekly electronic journal/newsletter. Subscriptions are
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available at no cost electronically.
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CuD is available as a Usenet newsgroup: comp.society.cu-digest
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Or, to subscribe, send a one-line message: SUB CUDIGEST your name
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Send it to LISTSERV@UIUCVMD.BITNET or LISTSERV@VMD.CSO.UIUC.EDU
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The 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, USA.
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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 RIPCO BBS (312) 528-5020 (and via Ripco on internet);
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and on Rune Stone BBS (IIRGWHQ) (203) 832-8441.
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CuD is also available via Fidonet File Request from
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1:11/70; unlisted 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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UNITED STATES: etext.archive.umich.edu (141.211.164.18) in /pub/CuD/
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ftp.eff.org (192.88.144.4) in /pub/Publications/CuD
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aql.gatech.edu (128.61.10.53) in /pub/eff/cud/
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world.std.com in /src/wuarchive/doc/EFF/Publications/CuD/
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uceng.uc.edu in /pub/wuarchive/doc/EFF/Publications/CuD/
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wuarchive.wustl.edu in /doc/EFF/Publications/CuD/
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EUROPE: nic.funet.fi in pub/doc/cud/ (Finland)
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ftp.warwick.ac.uk in pub/cud/ (United Kingdom)
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JAPAN: ftp.glocom.ac.jp /mirror/ftp.eff.org/
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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, 9 Aug 1994 21:51:24 -0400 (EDT)
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From: Stanton McCandlish <mech@EFF.ORG>
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Subject: File 1--EFF Statement on Leahy/Edwards Digital Telephony Bill
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Leahy and Edwards introduce a narrow Digital Telephony bill
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with major new privacy protections
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============================================================
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Today Senator Patrick Leahy (D-VT) and Representative Don Edwards
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(D-CA) introduced their version of Digital Telephony legislation. Since
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1992, the Electronic Frontier Foundation has been successful at stopping a
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series of FBI Digital Telephony proposals, which would have forced
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communications companies to install wiretap capability into every
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communications medium. However, earlier this year, Senator Leahy and Rep.
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Edwards, who have helped to quash previous FBI proposals, concluded that
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the passage of such a bill was inevitable this year. To head off passage
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of the FBI's bill, Leahy and Edwards stepped in to draft a narrow bill, and
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asked for EFF's help in the process. EFF remains deeply troubled by the
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prospect of the federal government forcing communications networks to be
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made "wiretap ready," but we believe that the legislation introduced today
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is substantially less intrusive that the original FBI proposals.
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Jerry Berman, EFF Policy Director said: "We have opposed digital telephony
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proposals for the past three years and still do not believe that such
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legislation is necessary."
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"Thanks to the work of Senator Leahy and Rep. Edwards and Senator Biden,
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however, the bill contains a number of significant privacy advances,
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including enhanced protection for the detailed transactional information
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records generated by online information services, email systems, and the
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Internet," Berman said.
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Many online communication and information systems create detailed records
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of users' communication activities as well as lists of the information that
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they have accessed. The new legal protection is critical in that it
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recognizes that this transactional information created by new digital
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communications systems is extremely sensitive and deserves a high
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degree of protection from casual law enforcement access which is currently
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possible without any independent judicial supervision. Under current law,
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the government can gain access to transactional records with a mere
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subpoena, which can be obtained without the intervention of a court. Under
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the new privacy protections in this bill, law enforcement would have to
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convince a court to issue an order based on a finding that there are
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"specific and articulable facts" which prove that the information sought
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would be relevant to an ongoing criminal investigation.
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"The fact that law enforcement has to take a case to court in order to get
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permission to access records is a major new privacy protection which will
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benefit all users of online communication systems," said Daniel Weitzner,
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EFF Deputy Policy Director.
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Another important privacy protection is that there is a cap on the amount
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of money that can be spent on surveillance technology in the first four
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years. The Attorney General is authorized to spend up to $500 million
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on reimbursement telecommunications carriers who retrofit their systems so
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as to come into compliance with the bill. So that this cap truly functions
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as a privacy protection, we believe that carriers should only be
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responsible for complying with the bill if the Attorney General actually
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pays for modifications. Government should get what it pays for, and no
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more.
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"Although we do not support the concept of digital telephony legislation,
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we believe that if Congress is to pass any version of the bill this year,
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it should be along the lines of the Leahy/Edwards version," said Berman.
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"The version crafted by Senator Leahy and Rep. Edwards," Berman explained,
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"is substantially better from a privacy, technology policy, and civil
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liberties standpoint than the draconian measures offered in the past
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by the Bush Administration."
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"As the bill works through the legislative process," Berman continued, "EFF
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will work to ensure that privacy and public process provisions are
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strengthened, and that the scope remains narrow -- continuing to exclude
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the Internet, electronic bulletin board systems, and online communications
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services such as America Online, Prodigy and Compuserve. Also, we note
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that the radio communication provisions have not yet been subject to public
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discussion, and hope that this will occur before the bill is considered by
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the full House and Senate."
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FOR MORE INFORMATION CONTACT:
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Jerry Berman Policy Director <jberman@eff.org>
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Daniel Weitzner Deputy Policy Director <djw@eff.org>
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+1 202 347 5400
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* * * * * * * *
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EFF Analysis of and comments on major provisions of the bill
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============================================================
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A. Key new privacy protections
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1. Expanded protection for transactional records sought by law
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enforcement
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Senator Leahy and Rep. Edwards have agreed that law enforcement access to
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transactional records in online communication systems (everything from the
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Internet to AOL to hobbyist BBSs) threatens privacy rights because the
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records are personally identifiable, because they reveal the content of
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people's communications, and because the compilation of such records makes
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it easy for law enforcement to create a detailed picture of people's lives
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online. Based on this recognition, the draft bill contains the following
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provisions:
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i. Court order required for access to transactional records
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instead of mere subpoena
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In order to gain access to transactional records, such as a list of to whom
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a subject sent email, which online discussion group one subscribes to, or
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which movies you request on a pay-per view channel, law enforcement will
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have to prove to a court, by the showing of "specific and articulable
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facts" that the records requested are relevant to an ongoing criminal
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investigation. This means that the government may not request volumes of
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transactional records merely to see what it can find through traffic
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analysis. Rather, law enforcement will have to prove to a court that it has
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reason to believe that it will find some specific information that is
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relevant to an ongoing criminal investigation in the records that it
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requests.
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With these provisions, we have achieved for all online systems, a
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significantly greater level of protection than currently exists for
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telephone toll records. The lists of telephone calls that are kept by local
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and long distance phone companies are available to law enforcement without
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any judicial intervention at all. Law enforcement gains access to hundreds
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of thousands of such telephone records each year, without a warrant and
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without even notice to the citizens involved. Court order protection will
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make it much more difficult for law enforcement to go on "fishing
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expeditions" through online transactional records, hoping to find evidence
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of a crime by accident.
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ii. Standard of proof much greater than for telephone toll records,
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but below that for content
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The most important change that these new provisions offer, is that law
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enforcement will (a) have to convince a judge that there is reason to
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look at a particular set of records, and (b) have to expend the time and
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energy necessary to have a US Attorney or DA actually present a case before
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a court. However, the burden or proof to be met by the government in such a
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proceeding is lower than required for access to the content of a
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communication.
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2. New protection for location-specific information available
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in cellular, PCS and other advanced networks
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Much of the electronic surveillance conducted by law enforcement today
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involves gathering telephone dialing information through a device
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known as a pen register. Authority to attach pen registers is obtained
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merely by asserting that the information would be relevant to a criminal
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investigation. Courts have no authority to deny pen register requests.
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This legislation offers significant new limits on the use of pen register
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data.
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Under this bill, when law enforcement seeks pen register information from
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a carrier, the carrier is forbidden to deliver to law enforcement any
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information which would disclose the location or movement of the calling or
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called party. Cellular phone networks, PCS systems, and so-called
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"follow-me" services all store location information in their networks.
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This new limitation is a major safeguard which will prevent law enforcement
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from casually using mobile and intelligent communications services as
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nation-wide tracking systems.
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i. New limitations on "pen register" authority
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Law enforcement must use "technology reasonably available" to limit pen
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registers to the collection of calling number information only.
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Currently, law enforcement is able to capture not only the telephone number
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dialed, but also any other touch-tone digits dialed which reflect the
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user's interaction with an automated information service on the other end
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of the line, such as an automatic banking system or a voice-mail password.
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3. Bill does not preclude use of encryption
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Unlike previous Digital Telephony proposals, this bill places no
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obligation on telecommunication carriers to decipher encrypted messages,
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unless the carrier actually holds the key.
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4. Automated remote monitoring precluded
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Law enforcement is specifically precluded from having automated, remote
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surveillance capability. Any electronic surveillance must be initiated by
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an employee of the telecommunications carrier.
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5. Privacy considerations essential to development of new technology
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One of the requirements that telecommunications carriers must meet to
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be in compliance with the Act, is that the wiretap access methods adopted
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must protect the privacy and security of each user's communication. If
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this requirement is not met, anyone may petition the FCC to have the
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wiretap access service be modified so that network security is maintained.
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So, the technology used to conduct wiretaps cannot also jeopardize the
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security of the network as a whole. If network-wide security problems
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arise because of wiretapping standards, then the standards can be
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overturned.
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B. Draconian provisions softened
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In addition, the surveillance requirements imposed by the bill are not
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as far-reaching as the original FBI version. A number of procedural
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safeguards are added which seek to minimize the threatens to privacy,
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security, and innovation. Though the underlying premise of the Act is
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still cause for concern, these new limitations deserve attention:
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1. Narrow Scope
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The bill explicitly excludes Internet providers, email systems, BBSs,
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and other online services. Unlike the bills previously proposed by the
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FBI, this bill is limited to local and long distance telephone companies,
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cellular and PCS providers, and other common carriers.
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2. Open process with public right of intervention
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The public will have access to information about the implementation of
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the Act, including open access to all standards adopted in compliance
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with the Act, the details of how much wiretap capacity the government
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demands, and a detailed accounting of all federal money paid to carriers
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for modifications to their networks. Privacy groups, industry interests,
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and anyone else has a statutory right under this bill to challenge
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implementation steps taken by law enforcement if they threaten privacy or
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impede technology advancement.
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3. Technical requirements standards developed by industry instead of
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the Attorney General
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All surveillance requirements are to be implemented according to
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standards developed by industry groups. The government is specifically
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precluded from forcing any particular technical standard, and all
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requirements are qualified by notions of economic and technical
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reasonableness.
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4. Right to deploy untappable services
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Unlike the original FBI proposal, this bill recognizes that there may
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be services which are untappable, even with Herculean effort to accommodate
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surveillance needs. In provisions that still require some strengthening,
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the bill allows untappable services to be deployed if redesign is not
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economically or technically feasible.
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C. Provisions that must be changed
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EFF plans to work on the following issues in the bill as the
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legislative process continues:
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1. Strengthened public process
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In the first four years of the bill's implementation, most of the requests
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that law enforcement makes to carriers are required to be recorded in
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the public record. However, additional demands for compliance after
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that time are only required to be made by written notice to the carrier.
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All compliance requirements, whether initial requests or subsequent
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modification, must be recorded in the Federal Register after public
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hearings, to allow for public scrutiny.
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2. Linkage of cost to compliance requirements -- the FBI gets what it
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pays for and no more
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The bill authorizes, but does not appropriate, $500 million to be spent by
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the government in reimbursing telecommunications carriers for bringing
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their networks into compliance with the bill. The FBI maintains that this
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is enough money to cover all reasonable expenses. The industry, however,
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has consistently maintained that the costs are five to ten times higher.
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Given the FBI's confidence in their cost estimate, we believe that
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telecommunications carriers should only be required to comply to the extent
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that they have been reimbursed. This spending cap is both a safeguard
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against requiring unnecessary surveillance technology, and a way to
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guarantee that carriers' expenses for electronic surveillance are truly
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paid for by the government, not by the customers.
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3. Ensure right to deploy untappable services
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The enforcement provisions of the bill suggest, but do not state
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explicitly, that services which are untappable may be deployed. The bill
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should be state directly that if it is technically and economically
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unreasonable to make a service tappable, then it may be deployed, without
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interference by a court.
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4. Clarify definition of call identifying information
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The definition of call identifying information in the bill is too broad.
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Whether intentionally or not, the term now covers network signaling
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information of networks which are beyond the scope of the bill. To
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maintain the narrow scope of the bill, this definition should be clarified.
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5. Review of minimization requirements in view of commingled
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communications
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The bill implicitly contemplates that law enforcement, in some cases,
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will intercept large bundles of communications, some of which are from
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subscribers who are not subject of wiretap orders. For example, when
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tapping a single individual whose calls are handled by a PBX, law
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enforcement may sweep in calls of other individuals as well. Currently the
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Supreme Court requires "minimization" procedures in all wiretaps, to
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minimize the intrusion on the privacy of conversations not covered by a
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court's wiretap order. We believe that the bill should reinforce the
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current minimization requirements by recognizing that stronger minimization
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procedures may be required.
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* * *
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Locating Relevant Documents
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===========================
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** Original 1992 Bush-era draft **
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ftp.eff.org, /pub/EFF/Policy/FBI/Old/digtel92_old_bill.draft
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gopher.eff.org, 1/EFF/Policy/FBI/Old, digtel92_old_bill.draft
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http://www.eff.org/pub/EFF/Policy/FBI/Old/digtel92_old_bill.draft
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bbs: +1 202 638 6120 (8N1, 300-14400bps), file area: Privacy - Digital
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Telephony; file: digtel92.old
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** 1993/1994 Clinton-era draft **
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ftp.eff.org, /pub/EFF/Policy/FBI/digtel94_bill.draft
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gopher.eff.org, 1/EFF/Policy/FBI, digtel94_bill.draft
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|
http://www.eff.org/pub/EFF/Policy/FBI/digtel94_bill.draft
|
||
|
bbs: +1 202 638 6120 (8N1, 300-14400bps), file area: Privacy - Digital
|
||
|
Telephony; file: digtel94.dft
|
||
|
|
||
|
|
||
|
** 1994 final draft, as sponsored **
|
||
|
|
||
|
ftp.eff.org, /pub/EFF/Policy/FBI/digtel94.bill
|
||
|
gopher.eff.org, 1/EFF/Policy/FBI, digtel94.bill
|
||
|
http://www.eff.org/pub/EFF/Policy/FBI/digtel94.bill
|
||
|
bbs: +1 202 638 6120 (8N1, 300-14400bps), file area: Privacy - Digital
|
||
|
Telephony; file: digtel94.bil
|
||
|
|
||
|
|
||
|
** EFF Analysis of sponsored version **
|
||
|
|
||
|
ftp.eff.org, /pub/EFF/Policy/FBI/digtel94_analysis.eff
|
||
|
gopher.eff.org, 1/EFF/Policy/FBI, digtel94_analysis.eff
|
||
|
http://www.eff.org/pub/EFF/Policy/FBI/digtel94_analysis.eff
|
||
|
bbs: +1 202 638 6120 (8N1, 300-14400bps), file area: Privacy - Digital
|
||
|
Telephony; file: digtel94.ana
|
||
|
|
||
|
------------------------------
|
||
|
|
||
|
Date: Thu, 04 Aug 1994 13:54:53 -0400 (EDT)
|
||
|
From: JMCGRATH@ALBNYVMS.BITNET
|
||
|
Subject: File 2--Today, PBS; tomorrow, the InfoBahn
|
||
|
|
||
|
Today, PBS; tomorrow, the InfoBahn
|
||
|
|
||
|
>From the Congressional Record, 6-28,
|
||
|
Bernie Sanders (Independent, Vermont)
|
||
|
|
||
|
Mr. SANDERS. Mr. Chairman, I thank the gentleman for yielding
|
||
|
me this time. Mr. Chairman, I rise in opposition to the amendment
|
||
|
offered by the gentleman from Illinois (Mr. Crane) and urge Members
|
||
|
to support the bill as reported by the Committee on Appropriations.
|
||
|
I do want to say, however, that unless there are some substantial
|
||
|
changes in Public Broadcasting and its relationship to the working
|
||
|
people of America, my vote and my position might be very different
|
||
|
next year.
|
||
|
|
||
|
Mr. Chairman, one of the great dangers in America today, and
|
||
|
something that frightens me and many other Americans very much is
|
||
|
the growing concentration of ownership in the mass media. Fewer
|
||
|
and fewer and larger and larger corporations increasingly control
|
||
|
what we see on television, what we hear on the radio, and what we
|
||
|
read in the newspapers and magazines. The noted journalist and
|
||
|
author Ben Bagdikian has written in his book ~The Media Monopoly~
|
||
|
that by the turn of the century a handful of huge multinational
|
||
|
corporations will not only control what we see and hear in America
|
||
|
but in fact will be controlling what much of the world sees, hears,
|
||
|
and reads. That is a very dangerous trend.
|
||
|
|
||
|
Mr. Chairman, it is not an accident that the Rush Limbaughs,
|
||
|
the Pat Buchanans, and the G. Gordon Liddys dominate commercial
|
||
|
radio talk shows. Their views reflect the interests of the
|
||
|
corporations which own those radio networks. It is also not an
|
||
|
accident that on commercial radio and television there is very
|
||
|
little serious discussion about the enormous problems facing the
|
||
|
working people and the poor of this Nation. The average working
|
||
|
family in America is in trouble. They are under stress. They are
|
||
|
hurting. But that reality is not reflected in the corporately
|
||
|
controlled media. Yes, we do have round-the-clock analysis of the
|
||
|
O.J. Simpson case and the Menendez brothers saga and the Bobbitt
|
||
|
family adventures and the Tonya Harding and Nancy Kerrigan
|
||
|
adventure. Yes, we have in-depth analyses of why the Houston
|
||
|
Rockets were able to defeat the New York Knickerbockers and why the
|
||
|
Washington Redskins did not do so well this last session. Yes, the
|
||
|
airwaves are filled with violence and blood and 30-second
|
||
|
commercials which are having an extremely negative impact on the
|
||
|
cognitive abilities of the young kids of America. But somehow,
|
||
|
just somehow there is virtually no programming which explains to
|
||
|
the American people why the standard of living of American workers
|
||
|
has gone from 1st place in the world 20 years ago to 13th place
|
||
|
today. Somehow we do not have programming which deals with that.
|
||
|
Somehow there is very little discussion or portrayal on television
|
||
|
about the growing gap between the rich and the poor in America. I
|
||
|
guess we do not have time on TV for that or about the fact that the
|
||
|
wealthiest 1 percent of our population owns more wealth than the
|
||
|
bottom 90 percent, or about how multinational corporations are
|
||
|
moving to the Third World and are hiring workers at 15 to 20 cents
|
||
|
an hour while they are throwing American workers out on the street.
|
||
|
I guess that is just not interesting enough to put on our TV
|
||
|
airways. Should we be surprised that General Electric~s NBC or the
|
||
|
corporations that own the other networks do not focus very much on
|
||
|
these issues? Well, I am not surprised, and I think the average
|
||
|
American is not surprised.
|
||
|
|
||
|
Mr. Chairman, the reason that Public Broadcasting was
|
||
|
established and why taxpayers are contributing to Public Television
|
||
|
and Radio is that it is supposed to offer an alternative point of
|
||
|
view to that offered by the corporately owned networks. It is
|
||
|
supposed to give a voice to those who have no voice. It is
|
||
|
supposed to be able to deal with controversywithout being afraid of
|
||
|
offending corporate sponsors. That is the reason that it exists.
|
||
|
It is supposed to take on the entrenched special interests because
|
||
|
it is funded by the ordinary people of this country, the people who
|
||
|
are not wealthy, the people who are not powerful, the people who do
|
||
|
not own ABC, CBS, or NBC. In other words, radical thought that it
|
||
|
may be, public television is supposed to represent the interests of
|
||
|
the public. I know that is a radical thought, but that is the way
|
||
|
it is supposed to be. Sadly, despite what its original mandate
|
||
|
was, despite the fact that there is some excellent programming on
|
||
|
public television, some very fine children~s programming on public
|
||
|
television, despite all of that, very few people can argue that
|
||
|
public television has fulfilled its original mandate. In fact,
|
||
|
year after year it appears that public television is more and more
|
||
|
coming to resemble commercial television.
|
||
|
|
||
|
Mr. Chairman, I do not object that there are three regularly
|
||
|
scheduled business shows on PBS. I do not object that there are
|
||
|
three regularly scheduled shows - Wall Street Week, the Nightly
|
||
|
Business Report, and Adam Smith~s Money World. I have no problem
|
||
|
with those programs. I do have a problem, however, that there is
|
||
|
not one regularly scheduled program on the PBS which focuses on the
|
||
|
needs and the problems of the working people of America. If there
|
||
|
are three regularly scheduled business shows, why is there not at
|
||
|
least one, just one, regularly scheduled show reflecting the
|
||
|
interests of working people and organized labor? I do not object
|
||
|
that three weekly public affairs shows on the PBS stations are
|
||
|
hosted by individuals who have been associated with the National
|
||
|
Review, a leading right-wing magazine: William Buckley~s Firing
|
||
|
Line, John McLaughlin~s McLaughlin Group, and McLaughlin~s One on
|
||
|
One. I do not object to these shows. But I do object that there is
|
||
|
not one weekly PBS show which is hosted by a journalist from a
|
||
|
labor or a progressive point of view. Our side also has
|
||
|
articulate, well-informed journalists and commentators who are
|
||
|
capable of presenting interesting and informative television, and
|
||
|
that point of view has a right to be heard.
|
||
|
|
||
|
Mr. Speaker, it seems to me that the Corporation for Public
|
||
|
Broadcasting is at a crossroads. If it wants to resemble
|
||
|
commercial television, Mr. Crane has a point. If it wants to
|
||
|
resemble commercial television, if it wants to go out and hunt for
|
||
|
more and more corporate money, then maybe we should say once and
|
||
|
for all that it should become a private entity which competes in
|
||
|
the marketplace with the corporate media. Mr. Crane does have a
|
||
|
point. But I do not think that is what it should be. It seems to
|
||
|
me that in a time when more and more of the media is controlled by
|
||
|
big money, it is imperative that we really do have a public
|
||
|
broadcasting system which deals with the real problems facing the
|
||
|
working people of America. Tonight I will oppose Mr. Crane~s
|
||
|
amendment. I hope PBS changes, or next year I will not.
|
||
|
|
||
|
bsanders@igc.apc.org
|
||
|
|
||
|
------------------------------
|
||
|
|
||
|
Date: Mon, 9 Aug 1993 13:15:11 +0000
|
||
|
From: Dave Banisar <banisar@EPIC.ORG>
|
||
|
Subject: File 3--EPIC Seeks Release of FBI Wiretap Data
|
||
|
|
||
|
Electronic Privacy Information Center
|
||
|
|
||
|
PRESS RELEASE
|
||
|
_____________________________________________________________
|
||
|
|
||
|
For Release:
|
||
|
August 9, 1994
|
||
|
2:00 pm
|
||
|
|
||
|
Group Seeks Release of FBI Wiretap Data,
|
||
|
Calls Proposed Surveillance Legislation Unnecessary
|
||
|
|
||
|
Washington, DC: A leading privacy rights group today sued
|
||
|
the Federal Bureau of Investigation to force the release of
|
||
|
documents the FBI claims support its campaign for new wiretap
|
||
|
legislation. The documents were cited by FBI Director Louis Freeh
|
||
|
during testimony before Congress and in a speech to an influential
|
||
|
legal organization but have never been released to the public.
|
||
|
|
||
|
The lawsuit was filed as proposed legislation which would
|
||
|
mandate technological changes long sought by the FBI was scheduled
|
||
|
to be introduced in Congress.
|
||
|
|
||
|
The case was brought in federal district court by the
|
||
|
Electronic Privacy Information Center (EPIC), a public interest
|
||
|
research organization that has closely monitored the Bureau's
|
||
|
efforts to mandate the design of the nation's telecommunications
|
||
|
infrastructure to facilitate wiretapping. An earlier EPIC lawsuit
|
||
|
revealed that FBI field offices had reported no difficulties
|
||
|
conducting wiretaps as a result of new digital communications
|
||
|
technology, in apparent contradiction of frequent Bureau claims.
|
||
|
|
||
|
At issue are two internal FBI surveys that the FBI Director
|
||
|
has cited as evidence that new telephone systems interfere with
|
||
|
law enforcement investigations. During Congressional testimony on
|
||
|
March 18, Director Freeh described "a 1993 informal survey which
|
||
|
the FBI did with respect to state and local law enforcement
|
||
|
authorities." According to Freeh, the survey describes the
|
||
|
problems such agencies had encountered in executing court orders
|
||
|
for electronic surveillance. On May 19 the FBI Director delivered
|
||
|
a speech before the American Law Institute in Washington, DC. In
|
||
|
his prepared remarks, Freeh stated that "[w]ithin the last month,
|
||
|
the FBI conducted an informal survey of federal and local law
|
||
|
enforcement regarding recent technological problems which revealed
|
||
|
over 180 instances where law enforcement was precluded from
|
||
|
implementing or fully implementing court [wiretap] orders."
|
||
|
|
||
|
According to David L. Sobel, EPIC's Legal Counsel, the FBI
|
||
|
has not yet demonstrated a need for the sweeping new legislation
|
||
|
that it seeks. "The Bureau has never presented a convincing case
|
||
|
that its wiretapping capabilities are threatened. Yet it seeks to
|
||
|
redesign the information infrastructure at an astronomical cost to
|
||
|
the taxpayers." The nation's telephone companies have
|
||
|
consistently stated that there have been no cases in which the
|
||
|
needs of law enforcement have not been met.
|
||
|
|
||
|
EPIC is a project of the Fund for Constitutional Government
|
||
|
and Computer Professionals for Social Responsibility.
|
||
|
|
||
|
|
||
|
================================================================
|
||
|
|
||
|
|
||
|
FBI Director Freeh's Recent Conflicting
|
||
|
Statements on the Need for Digital Telephony Legislation
|
||
|
_______________________________________________________________
|
||
|
|
||
|
|
||
|
Speech before the Executives' Club of Chicago, February 17:
|
||
|
|
||
|
Development of technology is moving so rapidly that several
|
||
|
hundred court-authorized surveillances already have been
|
||
|
prevented by new technological impediments with advanced
|
||
|
communications equipment.
|
||
|
|
||
|
* * *
|
||
|
|
||
|
Testimony before Congress on March 18:
|
||
|
|
||
|
SEN. LEAHY: Have you had any -- for example, digital telephony,
|
||
|
have you had any instances where you've had a court order for a
|
||
|
wiretap that couldn't be executed because of digital
|
||
|
telephony?
|
||
|
|
||
|
MR. FREEH: We've had problems just short of that. And I was
|
||
|
going to continue with my statement, but I won't now because
|
||
|
I'd actually rather answer questions than read. We have
|
||
|
instances of 91 cases -- this was based on a 1993 informal
|
||
|
survey which the FBI did with respect to state and local law
|
||
|
enforcement authorities. I can break that down for you.
|
||
|
|
||
|
* * *
|
||
|
|
||
|
Newsday interview on May 16:
|
||
|
|
||
|
We've determined about 81 different instances around the
|
||
|
country where we were not able to execute a court-authorized
|
||
|
electronic surveillance order because of lack of access to that
|
||
|
particular system - a digital switch, a digital loop or some
|
||
|
blocking technology which we didn't have to deal with four or
|
||
|
five years ago.
|
||
|
|
||
|
* * *
|
||
|
|
||
|
Speech before the American Law Institute on May 19:
|
||
|
|
||
|
Within the last month, the FBI conducted an informal survey of
|
||
|
federal and local law enforcement regarding recent techno-
|
||
|
logical problems which revealed over 180 instances where law
|
||
|
enforcement was precluded from implementing or fully
|
||
|
implementing court orders [for electronic surveillance].
|
||
|
|
||
|
------------------------------
|
||
|
|
||
|
Date: Thu, 28 Jul 94 16:38:20 GMT
|
||
|
From: DAZZZSMITH@MAIL.ON-LINE.CO.UK(Dazzz)
|
||
|
Subject: File 4--Electronic Superhighway Introduced in House of Commons
|
||
|
|
||
|
From: The Telegraph newspaper (UK) Thursday July 28 1994
|
||
|
+---------------------------------------------------------
|
||
|
DEMAND FOR ELECTRONIC 'SUPERHIGHWAY' TO TRANSFORM THE WAY WE LIVE AND
|
||
|
WORK
|
||
|
|
||
|
Construction of a 15 billion national fibre optic network linking
|
||
|
every home, office, school and hospital was called for yesterday by the
|
||
|
House of Commons select committee on trade and industry.
|
||
|
|
||
|
The electronic 'superhighway' would have far higher capacity than
|
||
|
today's standard telephone lines and televisions cables. It would allow
|
||
|
the instant two-way transmission of data, graphics, photographs,
|
||
|
medical images, high quality television pictures and video.
|
||
|
|
||
|
Calling for an easing of regulations on phone and cable companies
|
||
|
to achieve this, the influential cross-party committee published a
|
||
|
blue-print for Britain yesterday in which it critiscised the
|
||
|
Governments "lack of vision" on communications technology.
|
||
|
|
||
|
Such a network would have "enormous and far-reaching effects", said
|
||
|
the committee. It could revolutionise medicine, education and business,
|
||
|
as well as bringing new shopping services and instant electronic delivery
|
||
|
of videos to the home.
|
||
|
|
||
|
Mr Richard Caborn, Labour chairman of the committee, said:
|
||
|
"The developement of a national optical fibre information
|
||
|
superhighway which would boost the economy and transform the way we live
|
||
|
and work should be a priority for Government. The enthusiasm, sense of
|
||
|
purpose and leadership of the type being shown in America and
|
||
|
elsewhere towards information superhighways has not been replicated in
|
||
|
Britain, despite the widespread dawning of the new information age."
|
||
|
|
||
|
The biggest obstacle to the construction of the network was uncertainty
|
||
|
on whether and when the Government might lift the ban that prevents
|
||
|
BT and other phone companies from transmitting entertainment
|
||
|
services. BT has argued that it cannot justify heavy investment in a
|
||
|
new network without a guarantee that it will be able to provide such
|
||
|
lucrative services over it.
|
||
|
|
||
|
The ban was imposed to promote the growth of the cable television
|
||
|
industry and introduce greater local competition to the phone market.
|
||
|
It is due to run until at least 2001, with a possible review by by
|
||
|
Oftel, the regulator in 1998. The committee said that if BT was to invest
|
||
|
in a new high capacity network, the Government must make it clear that
|
||
|
the ban would be lifted nationwide by the end of 2002.
|
||
|
|
||
|
Mr Caborn said the committee favoured an "evolutionary rather than a
|
||
|
big bang approach." with the ban being lifted in some cable franchise
|
||
|
areas as early as next year and then gradually in all others.
|
||
|
|
||
|
One condition on easing the restrictions should be that BT was forced to
|
||
|
provde "fair and open" access to its network to allow other companies
|
||
|
to play a role in building the superhighway. BT, which has lobbied for
|
||
|
the ban to be lifted, Mercury Communications and the Cable Television
|
||
|
Association all welcomed the report's recommendations.
|
||
|
|
||
|
------------------------------
|
||
|
|
||
|
Date: Sun, 07 Aug 94 18:07:24 EDT
|
||
|
From: AdamRCohen@AOL.COM
|
||
|
Subject: File 5--Essay Contest - Future of Print
|
||
|
|
||
|
I thought you might like to hear about an essay contest sponsored by
|
||
|
the Audit Bureau of Circulations. The subject is, "Print: Roadkill on
|
||
|
the Information Superhighway - Yes or No?" Top prize is $2,500. Essays
|
||
|
are due 9/7/94.
|
||
|
|
||
|
Basic information about eligibility and the Audit Bureau follows. For
|
||
|
more complete information and entry forms, call ABC's Colleen O'Grady
|
||
|
at 708-605-0909. Please share this notice with anyone who might be
|
||
|
interested. Many thanks.
|
||
|
|
||
|
Entry Requirements: Entrants must be employees of ABC-member companies
|
||
|
and have worked in the advertising, marketing or publishing industries
|
||
|
for 5 years or less as of 9/7/94. Over 4,000 publishers, advertisers
|
||
|
and ad agencies are members of ABC. To verify your eligibility, call
|
||
|
Ms. O'Grady at 708-605-0909.
|
||
|
|
||
|
The Audit Bureau of Circulations is the first and largest
|
||
|
circulation-auditing organization in the world. ABC establishes ground
|
||
|
rules for circulation auditing and provides buyers and sellers of
|
||
|
print advertising with independent verfication of the circulation
|
||
|
information needed to make well-informed media decisions.
|
||
|
|
||
|
Adam R. Cohen
|
||
|
Member, ABC Young Media Professionals Committee
|
||
|
AdamRCohen@aol.com
|
||
|
|
||
|
------------------------------
|
||
|
|
||
|
Date: Thu, 04 Aug 1994 00:37:34 -0500
|
||
|
From: spaf@CS.PURDUE.EDU(Gene Spafford)
|
||
|
Subject: File 6--Announcing the COAST Security FTP Archive!
|
||
|
|
||
|
Announcing the COAST Security FTP Archive!
|
||
|
|
||
|
The COAST group at Purdue are happy to (finally) announce the
|
||
|
availability of our security archive. The archive is currently
|
||
|
available via FTP, with extensions to gopher and WWW planned soon.
|
||
|
|
||
|
The archive currently contains software, standards, tools, and other
|
||
|
material in the following areas:
|
||
|
|
||
|
* access control
|
||
|
* artificial life
|
||
|
* authentication
|
||
|
* criminal investigation
|
||
|
* cryptography
|
||
|
* e-mail privacy enhancement
|
||
|
* firewalls
|
||
|
* formal methods
|
||
|
* general guidelines
|
||
|
* genetic algorithms
|
||
|
* incident response
|
||
|
* institutional policies
|
||
|
* intrusion detection
|
||
|
* law & ethics
|
||
|
* malware (viruses, worms, etc)
|
||
|
* network security
|
||
|
* password systems
|
||
|
* policies
|
||
|
* privacy
|
||
|
* risk assessment
|
||
|
* security related equipment
|
||
|
* security tools
|
||
|
* social impacts
|
||
|
* software forensics
|
||
|
* software maintenance
|
||
|
* standards
|
||
|
* technical tips
|
||
|
* the computer underground
|
||
|
|
||
|
The collection also contains a large collection of site "mirrors" of
|
||
|
interesting collections, many of which are linked by topic to the rest
|
||
|
of the archive.
|
||
|
|
||
|
You can connect to the archive using standard ftp to
|
||
|
"coast.cs.purdue.edu". Information about the archive structure and
|
||
|
contents is present in "/pub/aux"; we encourage users to look there,
|
||
|
and to read the README* files located in the various directories.
|
||
|
|
||
|
If you know of material you think should be added, please send mail to
|
||
|
security-archive@cs.purdue.edu and tell us what you have and where we
|
||
|
can get a copy. In order of preference, we would prefer to get:
|
||
|
-- a pointer to the source ftp site for a package
|
||
|
-- a pointer to a mirror ftp site for the package
|
||
|
-- a uuencoded tar file
|
||
|
-- a shar file
|
||
|
-- a diskette or QIC tape
|
||
|
|
||
|
If you are providing software, we encourage you to "sign" the software
|
||
|
with PGP to produce a standalone signature file. This will help to
|
||
|
ensure against trojaned versions of the software finding their way
|
||
|
into the archive.
|
||
|
|
||
|
Any comments or suggestions about the archive should be directed to
|
||
|
"security-archive@cs.purdue.edu" -- please let us know what you think!
|
||
|
|
||
|
------------------------------
|
||
|
|
||
|
Date: Thu, 4 Aug 1994 14:09:07 CDT
|
||
|
From: Victor Li <li@ASIAINFO.COM>
|
||
|
Subject: File 7--CALL FOR PAPERS - Symposium on Computer Information Mgmt
|
||
|
|
||
|
The 4th Beijing Int'l Symposium on Computerized Information Management
|
||
|
(BISCIM'94)
|
||
|
|
||
|
Technological Innovations and Marketing in Information Service
|
||
|
Industry in Developing Countries
|
||
|
October 14-18, 1994
|
||
|
Beijing, People's Republic of China
|
||
|
|
||
|
The Organizing Committee of the 4th BISCIM cum Technical
|
||
|
Exhibition'94 cordially invites you to participate in this important
|
||
|
event with a view to promoting the application of computer, CD-ROM
|
||
|
and multimedia technologies in information management. The
|
||
|
Symposium will include an extensive Technical Exhibition and an
|
||
|
entertaining social programme.
|
||
|
|
||
|
The following topics are suggested for contributing papers, but the
|
||
|
list is not exhaustive:
|
||
|
--Information marketing, promotional techniques and pricing
|
||
|
structures
|
||
|
--Information equipment and information technology in library and
|
||
|
information centres
|
||
|
--Automation of information processing
|
||
|
--Database development and quality control
|
||
|
--Computer and communication integrated new information services
|
||
|
--Communication infrastructure for information services
|
||
|
--CD-ROM versus on-line services
|
||
|
--Multimedia publishing and electronic books
|
||
|
--Standards and norms in information exchange and information
|
||
|
technology
|
||
|
--Internet and its future in developing countries
|
||
|
Participants wishing to present papers should submit a full paper
|
||
|
in English together with the filled Paper Contribution Sheet to the
|
||
|
Secretariat of the Symposium not later than 31 August 1994.
|
||
|
|
||
|
An official invitation letter to facilitate entrance visa applications
|
||
|
will be sent by the State Science and Technology Committee of China
|
||
|
to you upon receiving your registration fee and your full paper.
|
||
|
|
||
|
Submissions should be sent to:
|
||
|
4th BISCIM '94 Secretariat
|
||
|
c/o Division of International Relation and Cooperation
|
||
|
Institute of Scientific and Technical Information of China (ISTIC)
|
||
|
P.O. Box 3827, 15 Fuxinglu, Beijing 100038,
|
||
|
People's Republic of China
|
||
|
Voice: national 8514020
|
||
|
international +86 1 8514020
|
||
|
Fax: +86 1 8514025
|
||
|
Telex: 20079 ISTIC CN
|
||
|
|
||
|
For more information contact:
|
||
|
Victor Li
|
||
|
AsiaInfo Services
|
||
|
E-mail: li@asiainfo.com
|
||
|
|
||
|
------------------------------
|
||
|
|
||
|
End of Computer Underground Digest #6.71
|
||
|
************************************
|
||
|
|