949 lines
41 KiB
Plaintext
949 lines
41 KiB
Plaintext
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Computer underground Digest Sun Oct 10, 1994 Volume 6 : Issue 88
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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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Urban Legend Editor: E. Greg Shrdlugold
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CONTENTS, #6.88 (Sun, Oct 10, 1994)
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File 1--EFF Statement on Passage of Digital Telephony Act
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File 2--The DT bill just passed in the Senate.
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File 3--EPIC on Wiretap Bill Passag
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File 4--Computer Freedom and Privacy-95 Conf info (corrected ver.)
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File 5--Cu Digest Header Information (unchanged since 10 Sept 1994)
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CuD ADMINISTRATIVE, EDITORIAL, AND SUBSCRIPTION INFORMATION APPEARS IN
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THE CONCLUDING FILE AT THE END OF EACH ISSUE.
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----------------------------------------------------------------------
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Date: Sat, 8 Oct 1994 15:23:26 -0400 (EDT)
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From: Stanton McCandlish <mech@EFF.ORG>
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Subject: File 1--EFF Statement on Passage of Digital Telephony Act
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EFF Statement on and Analysis of Digital Telephony Act
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October 8, 1994
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Washington, DC - Congress late Friday (10/7) passed and sent to the President
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the Edwards/Leahy Digital Telephony Legislation (HR 4922/S 2375). The bill
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places functional design requirements on telecommunications carriers in
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order to enable law enforcement to continue to conduct electronic
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surveillance pursuant to a court order, though the bill does not expand law
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enforcement authority to conduct wiretaps. Moreover, the design
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requirements do not apply to providers or operators of online services such
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as the Internet, BBS's, Compuserve, and others. The bill also contains
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significant new privacy protections, including increased protection for
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online personal information, and requirements prohibiting the use of pen
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registers to track the physical location of individuals.
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Jerry Berman, EFF's Policy Director, said: "Although we remain unconvinced
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that this legislation is necessary, the bill draws a hard line around the
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Internet and other online networks. We have carved cyberspace out of this
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legislation".
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Berman added, "The fact that the Internet, BBS's, Prodigy, and other online
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networks are not required to meet the surveillance capability requirements
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is a significant victory for all users of this important communications
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medium."
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Privacy Protections for Online Personal Information Increased
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-------------------------------------------------------------
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The bill adds a higher standard for law enforcement access to online
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transactional information. For maintenance and billing purposes, most
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online communications and information systems create detailed records of
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users' communication activities as well as lists of the information,
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services, or people that they have accessed or contacted. Under current
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law, the government can gain access to such transactional records with a
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mere subpoena, which can be obtained without the intervention of a court.
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To address this issue, EFF pushed for the addition of stronger protections
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against indiscriminate access to online transactional records.
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Under the new protections, law enforcement must convince a court to issue
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an order based on a showing of "specific and articulable facts" which prove
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that the information sought would be relevant and material to an ongoing
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criminal investigation.
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Berman said: "The new legal protections for transactional information are
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critical in that they recognize that these records are extremely sensitive
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and deserve a high degree of protection from casual law enforcement access.
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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 exists today for any other
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form of electronic communication, including the telephone."
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EFF to Continue to Monitor Implementation
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-----------------------------------------
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Berman added: "There are numerous opportunities under this bill for public
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oversight and intervention to ensure that privacy is not short-changed.
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EFF will closely monitor the bill's implementation, and we stand ready to
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intervene if privacy is threatened."
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In the first four years, the government is required to reimburse carriers
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for all costs associated with meeting the design requirements of the bill.
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After four years, the government is required to reimburse carriers for all
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costs for enhancements that are not "reasonably achievable", as determined
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in a proceeding before the FCC. The FCC will determine who bears the costs
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in terms of the impact on privacy, costs to consumers, national security
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and public safety, the development of technology, and other factors. If
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the FCC determines that compliance is not reasonably achievable, the
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government will either be required to reimburse the carrier or consider it
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to be in compliance without modification.
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Berman said: "EFF is committed to making a case before the FCC, at the
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first possible opportunity, that government reimbursement is an essential
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back-stop against unnecessary or unwanted surveillance capabilities. If
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the government pays, it will have an incentive to prioritize, which will
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further enhance public accountability and protect privacy."
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EFF Decision to Work on Legislation
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-----------------------------------
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Since 1992 EFF, in conjunction with the Digital Privacy and Security
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Working Group (a coalition of over 50 computer, communications, and public
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interest organizations and associations working on communications privacy
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issues, coordinated by EFF) has been successful at stopping a series of FBI
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Digital Telephony proposals, which would have forced communications
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companies to install wiretap capability into every communications medium.
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However, earlier this year, Senator Leahy and Rep. Edwards, who have helped
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to quash previous FBI proposals, concluded that passage of such a bill this
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year was inevitable. Leahy and Edwards stepped in to draft a narrow bill
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with strong privacy protections, and asked for EFF's help in the process.
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"By engaging in this process for the last several months," Berman noted,
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"we have been successful in helping to craft a proposal that is
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significantly improved over the FBI's original bill in terms of privacy,
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technology policy, and civil liberties, and have, in the process, added
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significant new privacy protections for users of communications networks.
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We commend Representative Edwards, Senator Leahy, and Representatives
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Boucher and Markey for standing up for civil liberties and pushing for
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strong privacy protections."
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The Electronic Frontier Foundation (EFF) is a non-profit public interest
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organization dedicated to achieving the democratic potential of new
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communications technology and works to protect civil liberties in new
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digital environments.
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Other Privacy Protections Added by the Bill
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-------------------------------------------
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The bill also adds the following new privacy protections
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* The standard for law enforcement access to online transactional records
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is raised to require a court order instead of a mere subpoena.
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* No expansion of law enforcement authority to conduct electronic
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surveillance.
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* The bill recognizes a citizen's right to use encryption.
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* All authorized surveillance must be conducted with the affirmative
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intervention of the telecommunications carrier. Monitoring
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triggered remotely by law enforcement is prohibited.
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* Privacy advocates will be able to track law enforcement requests
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for surveillance capability, and expenditures for all surveillance
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capability and capacity added under this bill will be open to
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public scrutiny.
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* Privacy protections must be maintained in making new technologies
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conform to the requirements of the bill, and privacy advocates may
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intervene in the administrative standard setting process.
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* Information gleaned from pen register devices is limited to dialed
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number information only. Law enforcement may not receive location
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information.
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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 instead of
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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, but
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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 look
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at a particular set of records, and (b) have to expend the time and energy
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necessary to have a US Attorney or DA actually present a case before a
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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 in
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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 known as
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a pen register. Authority to attach pen registers is obtained merely by
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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 a
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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. Currently,
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law enforcement is able to capture not only the telephone number dialed,
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but also any other touch-tone digits dialed which reflect the user's
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interaction with an automated information service on the other end of the
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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 obligation
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on telecommunication carriers to decipher encrypted messages, unless the
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carrier actually holds the key. The bill in no way prohibits citizens from
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using encryption.
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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 be in
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compliance with the Act is that the wiretap access methods adopted must
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protect the privacy and security of each user's communication. If this
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requirement is not met, anyone may petition the FCC to have the wiretap
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access service be modified so that network security is maintained. So, the
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technology used to conduct wiretaps cannot also jeopardize the security of
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the network as a whole. If network-wide security problems arise because of
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wiretapping standards, then the standards can be overturned.
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6. Increased Public Accountability
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All law enforcement requests for surveillance capability and capacity, as
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well as all expenditures paid by law enforcement to telecommunications
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carriers and all modifications made by carriers to comply with this bill,
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will be accountable to the public. The government is also required to pay
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for all upgrades, in both capability and capacity, in the first four years,
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and all costs after four years for incorporating the capability
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requirements in the costs for meeting those requirements are not
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'reasonably achievable'. A determination of whether compliance after four
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years is reasonably achievable will be made by the FCC in an open and
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public proceeding. Government reimbursement for compliance costs will
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permit the public the opportunity to decide whether additional surveillance
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capability is necessary.
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In all, the reimbursement requirements combined with the reporting
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requirements and the open processes built in to this bill, law enforcement
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surveillance capability, capacity, and expenditures will be more
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accountable to the public than ever before.
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B. Draconian provisions softened
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In addition, the surveillance requirements imposed by the bill are not as
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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, and
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other online services. Unlike the bills previously proposed by the FBI,
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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 the
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Act, including open access to all standards adopted in compliance with the
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Act, the details of how much wiretap capacity the government demands, and a
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detailed accounting of all federal money paid to carriers for modifications
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to their networks. Privacy groups, industry interests, and anyone else has
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a statutory right under this bill to challenge implementation steps taken
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by law enforcement if they threaten privacy or impede technology
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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 standards
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developed by industry groups. The government is specifically precluded
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from forcing any particular technical standard, and all requirements are
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qualified by notions of economic and technical 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 be
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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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Background Information
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----------------------
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* The Bill:
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ftp.eff.org, /pub/EFF/Policy/Digital_Telephony/digtel94.bill
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gopher.eff.org, 1/EFF/Policy/Digital_Telephony, digtel94.bill
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http.eff.org/pub/EFF/Policy/Digital_Telephony/digtel94.bill
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All other files available from
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ftp.eff.org, /pub/EFF/Policy/Digital_Telephony/Old/
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gopher.eff.org, 1/EFF/Policy/Digital_Telephony/Old
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http.eff.org/pub/EFF/Policy/Digital_Telephony/Old/
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* EFF Analysis of Bill as Introduced: digtel94_analysis.eff
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* EFF Statement on Earlier 1994 Draft of Bill: digtel94_old_statement.eff
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* EFF Analysis of Earlier 1994 Draft: digtel94_draft_analysis.eff
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* EFF Statement on Announcement of 1994 Draft: digtel94.announce
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* EFF Statement on Announcement of 1993 Draft: digtel93.announce
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* Late 1993/Early 1994 Draft: digtel94_bill.draft
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* EFF Statement on 1992 Draft: digtel92_analysis.eff
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* EFF Statement on 1992 Draft: digtel92_opposition.announce
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* Late 1992 Draft: digtel92_bill.draft
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* Original 1992 Draft: digtel92_old_bill.draft
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For more information Contact
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----------------------------
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Jerry Berman Policy Director <jberman@eff.org>
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Jonah Seiger Project Coordinator <jseiger@eff.org>
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+1 202 347 5400 (voice)
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+1 202 393 5509 (fax)
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------------------------------
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Date: Sat, 8 Oct 1994 00:55:41 -0400 (EDT)
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From: "Shabbir J. Safdar" <shabbir@PANIX.COM>
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Subject: File 2--The DT bill just passed in the Senate.
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The Wiretap Watch
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Final Issue
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October 7, 1994
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Distribute Widely
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Recent Quotes: (It's been a busy week, we've answered over 2,000 emails)
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"I think we should adjourn now [..] the country is safer when
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we're not in session."
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-Sen. Charles Grassley (R-IA) on C-SPAN
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"Senator Wallop's office, may I help you?"
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"Yes, I called to register my support for the Senator's
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concerned position on the bill."
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"Ok, got it. Thanks"
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"Have there been a lot of calls today? Dozens? Fifty?"
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"Hundreds so far today."
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-A conversation I had earlier today with Sen. Wallop's
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office
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"I called Feinstein again and the offical breakfast food is
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still a waffle."
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-Another California caller on Feinstein's FBI Wiretap
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position
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-------------------------------------------------------------------
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Contents
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A look back at the bill
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What you should do right now
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Positions of legislators pro and con
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Status of the bills
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Brief explanation of the bill
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-------------------------------------------------------------------
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A LOOK BACK AT THE BILL
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As you may have already discovered the Senate passed the bill tonight
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on "unanimous consent". Although I will leave the soothsaying to more
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eloquent folks, there are a number of things that need to be said and
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people that need to be thanked.
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|
||
|
1. A TREMENDOUS AMOUNT WAS ACCOMPLISHED WITH THIS LEGISLATIVE FIGHT
|
||
|
During this campaign, we asked people to contact several legislators
|
||
|
about the bill. This was a very effective means ofat mobilizing people.
|
||
|
When we put out the word that Senator Wallop needed support, hundreds of
|
||
|
calls were received the very next day -- their office was stunned.
|
||
|
|
||
|
This is the first time many of the sitting legislators learned that
|
||
|
constituents were concerned about privacy. We have begun to teach
|
||
|
them that this is an important issue. Educating a legislator is an
|
||
|
ongoing process that we'll continue to assist with in preparation for
|
||
|
the elections. It would be great if legislators begin to consider what
|
||
|
effects their actions will have on "the privacy vote."
|
||
|
|
||
|
Sincere thanks go out to the literally thousands of people who took the
|
||
|
time to call their legislators. The response we received to our alerts
|
||
|
was amazing. The mail itself was overwhelming; the letters really
|
||
|
kept us going on those late nights. When people wrote to us, saying
|
||
|
that they had faxed our press release to a dozen papers and called the
|
||
|
same number of legislators, it seemed inconceivable that we should let
|
||
|
something as minor as sleep slow us down.
|
||
|
|
||
|
Thanks to everyone who contributed by calling and faxing (and sending in
|
||
|
corrections). It appears that our technique of providing excellent
|
||
|
information with the research done for the reader is a technique people
|
||
|
appreciate. We'll continue to refine it in preparation for the next
|
||
|
legislative session.
|
||
|
|
||
|
2. THIS COULD HAVE BEEN MUCH WORSE
|
||
|
Much worse versions of the DT bill have been introduced. They were all
|
||
|
killed before really getting anywhere. When this version was brought up,
|
||
|
the EFF had a difficult decision in front of them: assume the soothsayers
|
||
|
were right about it passing this year and try to hack in some privacy
|
||
|
provisions, or try and mount a fight against it. Other factors such as
|
||
|
organizational direction played a part in this decision I'm sure, but I'm
|
||
|
not qualified to talk about that. (I'm about as far from an EFF insider
|
||
|
as you can get.)
|
||
|
|
||
|
There are several privacy provisions that have been added to the bill.
|
||
|
Had the EFF not intervened, they would not be there. PERIOD. I think
|
||
|
we owe them a thank you for that.
|
||
|
|
||
|
Did they really know what they were doing or was it a lucky guess?
|
||
|
Who's to say; we all have 20/20 hindsight. When EFF made this
|
||
|
decision, it was months ago. They were like an ace-in-the-hole should
|
||
|
the bill pass.
|
||
|
|
||
|
3. THIS IS STILL A PROCESS THE PUBLIC NEEDS TO MONITOR
|
||
|
There are several ways in which the powers in the bill could be abused
|
||
|
by law enforcement. The bill provides law enforcement with unprecedented
|
||
|
assurance that a wiretap will always be available. This will subtly
|
||
|
change the way law enforcement does its work. ("When your most ubiqitous
|
||
|
tool in a hammer, the world starts to look a lot like nails..")
|
||
|
|
||
|
Furthermore the process for creating the wiretap functionality standards
|
||
|
truly rests in the hands of the FCC. We have seen from past experience
|
||
|
with the CallerID blocking fiasco that the FCC is not the bastion
|
||
|
of privacy that we wish it was. In that instance, there was significant
|
||
|
public outcry against the proposal, and yet privacy still lost.
|
||
|
|
||
|
What's the good news? There are organizations who we can count on to
|
||
|
watchdog this process. The EFF wrote most (if not all) of the privacy
|
||
|
provisions of the bill. They will be in a great position to monitor
|
||
|
the progress of this process and ensure that not just the LETTER of
|
||
|
the privacy provisions are followed, but the SPIRIT as well.
|
||
|
|
||
|
Furthermore, the Electronic Privacy Information Center (EPIC) is
|
||
|
aggressive in their FOIA efforts, which keep our government honest. I
|
||
|
sleep better at nights knowing they're keeping an eye out. I would
|
||
|
have given my left foot to be in the courtroom this week with EPIC when
|
||
|
the FBI's counsel asked for a five year delay on releasing twenty
|
||
|
pages of wiretap data, and the judge told the attorney to "..call
|
||
|
Director Freeh and tell him I said this matter can be taken care of
|
||
|
in an hour and [a] half."
|
||
|
|
||
|
Finally, I want to take a moment to thank David Sobel, Marc Rotenberg,
|
||
|
& David Banisar of EPIC for all the help they gave us. Not being in
|
||
|
DC, its difficult for us to simply "drop by" the office of a swing vote
|
||
|
legislator and present our arguments. We're very grateful to them for
|
||
|
this.
|
||
|
-------------------------------------------------------------------
|
||
|
WHAT YOU SHOULD DO RIGHT NOW
|
||
|
|
||
|
Nothing for the moment. The Senate passed the Digital Telephony bill
|
||
|
(S. 2375) a few minutes before adjournment tonight. The various holds
|
||
|
put on it by Republican Senators were removed and the bill passed on
|
||
|
"unanimous consent". This means that there was no opposition to it.
|
||
|
President Clinton is almost certain to sign it.
|
||
|
|
||
|
---------------------------------------------------------------------
|
||
|
STATUS
|
||
|
|
||
|
STATUS SB 2375
|
||
|
It passed on the evening of Oct. 7 on unanimous consent literally
|
||
|
minutes before the Congress adjourned.
|
||
|
|
||
|
STATUS HR 4922
|
||
|
It passed on the evening of Oct. 5 on a voice vote.
|
||
|
|
||
|
Oct 7, 94 The Senate passed S. 2375 on unanimous consent minutes
|
||
|
before adjournment.
|
||
|
Oct 6, 94 Nothing happened, though a Senate vote was expected. Several
|
||
|
Senators have placed holds on the bill.
|
||
|
Oct 5, 94 House passes HR 4922 on a voice vote.
|
||
|
Oct 4, 94 House is scheduled to vote on HR 4922, along with more than
|
||
|
50 other items on the "suspension calendar". The debate
|
||
|
took place tonight; the House vote was put off until Oct 5, '94.
|
||
|
Oct 3, 94 Judge Richey instructs the FBI to comply with a FOIA request
|
||
|
to make available their wiretap surveys (which they claim
|
||
|
justify their bill) by Nov. 1.
|
||
|
Sep 29, 94 HR 4922 marked up and reported out of the Hse. Jud. Comm
|
||
|
and nearly to the full House
|
||
|
Sep 28, 94 SB 2375 amended, marked up, and reported out of the Sen. Jud.
|
||
|
Comm. to the full Senate
|
||
|
Sep 15, 94 HR 4922 hearing held in the Telecommunications Comm.
|
||
|
Aug 18, 94 HR 4922 reported back to committee (write to Rep. Jack Brooks!)
|
||
|
Aug 11, 94 Sen. Leahy & Rep. Edwards hold a joint hearing on the bills in
|
||
|
Wash. DC at 1pm in Rayburn 2237.
|
||
|
Aug 10, 94 HR 4922 referred to Subcomm. on Civil and Constitutional Rights
|
||
|
Aug 10, 94 SB 2375 referred to Subcomm. on Technology and the Law
|
||
|
Aug 9, 94 Rep. Hyde officially cosponsors HR 4922
|
||
|
Aug 9, 94 HR 4922 referred to House Judiciary Committee
|
||
|
Aug 9, 94 SB 2375 referred to Senate Judiciary Committee
|
||
|
Aug 9, 94 Identical House and Senate bills are announced by their respective
|
||
|
sponsors, Rep. Don Edwards (D-CA) and Sen. Patrick Leahy (D-VT)
|
||
|
EFF states the legislation is "not necessary" and predicts it
|
||
|
will pass regardless.
|
||
|
|
||
|
For more information about the Digital Telephony bills, check the
|
||
|
Voters Telecomm Watch gopher site (gopher.panix.com) or contact Steven
|
||
|
Cherry, VTW Press Contact at (718) 596-2851 or stc@vtw.org.
|
||
|
|
||
|
---------------------------------------------------------------------
|
||
|
FINAL POSITIONS OF LEGISLATORS
|
||
|
|
||
|
Because the Senate version passed with "unanimous consent", all of the
|
||
|
sitting Senators supported it. This means that if someone is a Senator,
|
||
|
they supported it. No fancy ASCII tables required.
|
||
|
|
||
|
Three representatives we know of opposed the bill in the House:
|
||
|
|
||
|
Dist ST Name, Address, and Party Phone Fax
|
||
|
==== == ======================== ============== ==============
|
||
|
4 CA Doolittle, John T. (R) 1-202-225-2511 1-202-225-5444
|
||
|
1 OR Furse, Elizabeth (D) 1-202-225-0855 na
|
||
|
12 NC Watt, Melvin* (D) 1-202-225-1510 1-202-225-1512
|
||
|
|
||
|
Please call them and thank them for their privacy stances.
|
||
|
|
||
|
---------------------------------------------------------------------
|
||
|
BRIEF EXPLANATION OF THE BILLS
|
||
|
|
||
|
The FBI's Wiretap bills (also known as the DT - Digital Telephony bills)
|
||
|
mandate that *all* communications carriers must provide wiretap-ready
|
||
|
equipment so that the FBI can more easily implement their court-ordered
|
||
|
wiretaps. The costs of re-engineering all communications equipment will
|
||
|
be borne by the government, industry and consumers. It does not cover
|
||
|
information service providers.
|
||
|
|
||
|
The bill is vague and the standards defining "wiretap ready" do not
|
||
|
exist. Furthermore, the FBI has yet to make a case which demonstrates
|
||
|
that they have been unable to implement a single wiretap. Although
|
||
|
we as a society have accepted law enforcement's need to perform
|
||
|
wiretaps, it is not reasonable to mandate this functionality as a part
|
||
|
of the design. In itself, that would be an important debate. However
|
||
|
without any proof that this is indeed a realistic and present problem,
|
||
|
it is unacceptable and premature to pass this legislation today.
|
||
|
|
||
|
The Voters Telecomm Watch (VTW) does not believe the FBI has made a
|
||
|
compelling case to justify that all Americans give up their privacy.
|
||
|
Furthermore, the VTW does not believe the case has been made to justify
|
||
|
spending 500 million Federal dollars over the next several years to
|
||
|
re-engineer equipment to compromise privacy, interfere with
|
||
|
telecommunications privacy, and fulfill an unproven government need.
|
||
|
|
||
|
There are some privacy protections built into the bill. Their benefit
|
||
|
does not outweigh the damage that building wiretaps into all communication
|
||
|
does, however.
|
||
|
|
||
|
------------------------------
|
||
|
|
||
|
Date: Sat, 8 Oct 1994 16:06:52 -0700
|
||
|
From: email list server <listserv@SUNNYSIDE.COM>
|
||
|
Subject: File 3--EPIC on Wiretap Bill Passag
|
||
|
|
||
|
EPIC on Wiretap Bill Passage
|
||
|
|
||
|
The passage of the FBI Wiretap Bill in the closing hours of the 103d
|
||
|
Congress demonstrates the need for continued and aggressive advocacy
|
||
|
in support of communications privacy. The legislation, which mandates
|
||
|
the re-design of the nation's telecommunications infrastructure to
|
||
|
facilitate government interception, was enacted with no floor debate
|
||
|
and no resolution of the lingering questions concerning the need for
|
||
|
such an unprecedented and far-reaching change in the law. The
|
||
|
Electronic Privacy Information Center (EPIC) opposed passage of the
|
||
|
bill and believes that its enactment could establish a dangerous
|
||
|
precedent for the design and development of the National Information
|
||
|
Infrastructure.
|
||
|
|
||
|
The grassroots campaign that emerged to oppose the wiretap legislation
|
||
|
shows the potential of the Internet as a means of educating the public
|
||
|
and promoting democratic participation in the policymaking process.
|
||
|
In the two-month period between the introduction of the legislation
|
||
|
and its enactment, grassroots efforts demonstrated that a measure
|
||
|
initially touted as a "compromise" bill was, in fact, a highly
|
||
|
controversial proposal. Numerous Congressional offices admitted to
|
||
|
being astounded by the number of calls and faxes they received in
|
||
|
opposition to the legislation as it moved to consideration in both
|
||
|
houses. EPIC believes that the on-line campaign to defeat the wiretap
|
||
|
bill can serve as a model for the Internet community to build upon in
|
||
|
the future. We congratulate the thousands of individuals who
|
||
|
participated in the process and wish to express our appreciation and
|
||
|
admiration for the work of the Voters Telecomm Watch (VTW) in bridging
|
||
|
the gap between Washington and activists around the country. EPIC
|
||
|
looks forward to continuing to work VTW, the American Civil Liberties
|
||
|
Union, the Internet Business Association and the many other
|
||
|
organizations that joined us in opposing the FBI Wiretap Bill.
|
||
|
|
||
|
Implementation of the newly enacted legislation must be closely
|
||
|
monitored. EPIC is committed to continuing its efforts to obtain
|
||
|
relevant government data under the Freedom of Information Act,
|
||
|
including the aggressive pursuit of our pending litigation against the
|
||
|
FBI for the release of information cited in support of the wiretap
|
||
|
legislation. EPIC also intends to monitor proceedings in the Federal
|
||
|
Communications Commission pursuant to the new law and to participate
|
||
|
in such proceedings to protect the privacy interests of network users.
|
||
|
EPIC will also continue its research and advocacy activities in the
|
||
|
areas of encryption policy, medical records privacy, transactional
|
||
|
data privacy, proposed national identification systems, and other
|
||
|
issues now emerging with the advent of the information superhighway.
|
||
|
|
||
|
|
||
|
Electronic Privacy Information Center
|
||
|
666 Pennsylvania Avenue, S.E.
|
||
|
Suite 301
|
||
|
Washington, DC 20003
|
||
|
|
||
|
(202) 544-9240 (voice)
|
||
|
(202) 547-5482 (fax)
|
||
|
info@epic.org (e-mail)
|
||
|
|
||
|
------------------------------
|
||
|
|
||
|
From: Judi Clark <judic@MANYMEDIA.COM>
|
||
|
Subject: File 4--Computer Freedom and Privacy-95 Conf info (corrected ver.)
|
||
|
Date: Fri, 7 Oct 1994 14:27:22 -0700 (PDT)
|
||
|
|
||
|
Call for Participation - CFP'95
|
||
|
The Fifth Conference on Computers, Freedom and Privacy
|
||
|
Sponsored by the ACM SIGCOMM, SIGCAS, SIGSAC and Stanford Law School
|
||
|
28 - 31 March 1995
|
||
|
San Francisco Airport Marriott Hotel, Burlingame, California
|
||
|
|
||
|
INVITATION
|
||
|
This is an invitation to submit session and topic proposals for
|
||
|
inclusion in the program of the Fifth Conference on Computers, Freedom
|
||
|
and Privacy. Proposals may be for individual talks, panel discussions,
|
||
|
debates, or other presentations in appropriate formats. Proposed topics
|
||
|
should be within the general scope of the conference, as outlined below.
|
||
|
|
||
|
SCOPE
|
||
|
The advance of computer and telecommunications technologies holds great
|
||
|
promise for individuals and society. From convenience for consumers and
|
||
|
efficiency in commerce to improved public health and safety and
|
||
|
increased participation in democratic institutions, these technologies
|
||
|
can fundamentally transform our lives. New computer and
|
||
|
telecommunications technologies are bringing new meanings to our
|
||
|
freedoms to speak, associate, be left alone, learn, and exercise
|
||
|
political power.
|
||
|
|
||
|
At the same time these technologies pose threats to the ideals of a
|
||
|
just, free, and open society. Personal privacy is increasingly at risk
|
||
|
from invasion by high-tech surveillance and eavesdropping. The myriad
|
||
|
databases containing personal information maintained in the public and
|
||
|
private sectors expose private life to constant scrutiny. Political,
|
||
|
social, and economic fairness may hinge on ensuring equal access to
|
||
|
these technologies, but how, at what cost, and who will pay?
|
||
|
|
||
|
Technological advances also enable new forms of illegal activity, posing
|
||
|
new problems for legal and law enforcement officials and challenging the
|
||
|
very definitions of crime and civil liberties. But technologies used to
|
||
|
combat these crimes can threaten the traditional barriers between the
|
||
|
individual and the state.
|
||
|
|
||
|
Even such fundamental notions as speech, assembly and property are being
|
||
|
transformed by these technologies, throwing into question the basic
|
||
|
Constitutional protections that have guarded them. Similarly,
|
||
|
information knows no borders; as the scope of economies becomes global
|
||
|
and as networked communities transcend international boundaries, ways
|
||
|
must be found to reconcile competing political, social, and economic
|
||
|
interests in the digital domain.
|
||
|
|
||
|
The Fifth Conference on Computers, Freedom and Privacy will assemble
|
||
|
experts, advocates and interested people from a broad spectrum of
|
||
|
disciplines and backgrounds in a balanced public forum to explore and
|
||
|
better understand how computer and telecommunications technologies are
|
||
|
affecting freedom and privacy in society. Participants will include
|
||
|
people from the fields of computer science, law, business, research,
|
||
|
information, library science, health, public policy, government, law
|
||
|
enforcement, public advocacy, and many others.
|
||
|
|
||
|
Topics covered in previous CFP conferences include:
|
||
|
|
||
|
Personal Information and Privacy
|
||
|
Access to Government Information
|
||
|
Computers in the Workplace
|
||
|
Electronic Speech, Press and Assembly
|
||
|
Governance of Cyberspace
|
||
|
Role of Libraries on the Information Superhighway
|
||
|
Law Enforcement and Civil Liberties
|
||
|
Privacy and Cryptography
|
||
|
Free Speech and the Public Communications Network
|
||
|
|
||
|
We are also actively seeking proposals with respect to other possible
|
||
|
topics on the general subject of computers, freedom and privacy. Some
|
||
|
new topics we are considering include:
|
||
|
|
||
|
Telecommuting: Liberation or Exploitation?
|
||
|
Courtesy, and the Freedom to be Obnoxious
|
||
|
Commercial Life on the Net
|
||
|
How Does the Net Threaten Government Power?
|
||
|
Universal Access to Network Services
|
||
|
The Meaning of Freedom in the Computer Age
|
||
|
Online Interaction and Communities
|
||
|
Government-Mandated Databases
|
||
|
|
||
|
PROPOSAL SUBMISSION
|
||
|
All proposals should be accompanied by a position statement of at least
|
||
|
one page, describing the proposed topic. Proposals for panel
|
||
|
discussions, debates and other multi-person presentations should include
|
||
|
a list of proposed participants and session chair. Proposals should be
|
||
|
sent to:
|
||
|
|
||
|
CFP'95 Proposals
|
||
|
Stanford Law and Technology Policy Center
|
||
|
Stanford Law School
|
||
|
Stanford, California 94305-8610
|
||
|
|
||
|
or by email to:
|
||
|
|
||
|
cfp95@forsythe.stanford.edu
|
||
|
|
||
|
with the word "Proposal" in the subject line. Proposals should be
|
||
|
submitted as soon as possible to allow thorough consideration for
|
||
|
inclusion in the formal program. The deadline for submissions is
|
||
|
1 November 1994.
|
||
|
|
||
|
STUDENT PAPER COMPETITION
|
||
|
Full time students are invited to enter the student paper competition.
|
||
|
Winners will receive a scholarship to attend the conference and present
|
||
|
their papers. Papers should not exceed 2,500 words and should examine
|
||
|
how computer and telecommunications technologies are affecting freedom
|
||
|
and privacy in society. All papers should be submitted to Professor
|
||
|
Gary T. Marx by 20 November 1994. Authors may submit their papers either by
|
||
|
sending them as straight text via email to:
|
||
|
|
||
|
Gary.Marx@colorado.edu
|
||
|
|
||
|
or by sending six printed copies to:
|
||
|
|
||
|
Professor Gary T. Marx
|
||
|
University of Colorado
|
||
|
Campus Box 327
|
||
|
Boulder, Colorado 80309-0327
|
||
|
(303) 492-1697
|
||
|
|
||
|
Submitters should include the name of their institution, degree program,
|
||
|
and a signed statement affirming that they are a full-time student at
|
||
|
their institution and that the paper is an original, unpublished work of
|
||
|
their own.
|
||
|
|
||
|
INFORMATION
|
||
|
For more information on the CFP'95 program and advance registration, as
|
||
|
it becomes available, write to:
|
||
|
|
||
|
CFP'95 Information
|
||
|
Stanford Law and Technology Policy Center
|
||
|
Stanford Law School
|
||
|
Stanford, California 94305-8610
|
||
|
|
||
|
or send email to:
|
||
|
|
||
|
cfp95@forsythe.stanford.edu
|
||
|
|
||
|
with the word "Information" in the subject line.
|
||
|
|
||
|
THE ORGANIZERS
|
||
|
|
||
|
General Chair
|
||
|
--------------
|
||
|
Carey Heckman
|
||
|
Stanford Law School
|
||
|
Stanford Law & Technology Policy Center
|
||
|
Stanford, CA 94305-8610
|
||
|
415-725-7788 (voice)
|
||
|
415-725-1861 (fax)
|
||
|
ceh@leland.stanford.edu
|
||
|
|
||
|
To discuss potential CFP'95 speakers, topics, and formats, and to receive
|
||
|
additional CFP'95 information, subscribe to the CFP95 list. Send to
|
||
|
cfp95@lists.stanford.edu a plain text message consisting of subscribe cfp95.
|
||
|
|
||
|
Program Committee
|
||
|
---------------------
|
||
|
Sheri Alpert
|
||
|
Internal Revenue Service
|
||
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Judi Clark
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ManyMedia
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Kaye Caldwell
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Software Industry Coalition
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Esther Dyson
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EDventure Holdings
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Mike Godwin
|
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Electronic Frontier Foundation
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|
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Peter Harter
|
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National Public Telecomputing Network
|
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|
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Lance J. Hoffman
|
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George Washington University
|
||
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|
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Ellen Kirsh
|
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America OnLine
|
||
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|
||
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Bruce R. Koball
|
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Motion West
|
||
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|
||
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Gary T. Marx
|
||
|
University of Colorado
|
||
|
|
||
|
Mitch Ratcliffe
|
||
|
Digital Media
|
||
|
|
||
|
Marc Rotenberg
|
||
|
Electronic Privacy Information Center
|
||
|
|
||
|
Deborah Runkle
|
||
|
American Association for the Advancement of Science
|
||
|
|
||
|
Barbara Simons
|
||
|
USACM
|
||
|
|
||
|
Ross Stapleton-Gray
|
||
|
Georgetown University
|
||
|
|
||
|
Glenn Tenney
|
||
|
Fantasia Systems
|
||
|
|
||
|
Jeff Ubois
|
||
|
Author and Consultant
|
||
|
|
||
|
J. Kent Walker, Jr.
|
||
|
U.S. Department of Justice
|
||
|
|
||
|
Affiliations are listed for identification.
|
||
|
|
||
|
----
|
||
|
Please distribute and post this notice!
|
||
|
|
||
|
------------------------------
|
||
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|
||
|
|
||
|
------------------------------
|
||
|
|
||
|
Date: Thu, 13 Aug 1994 22:51:01 CDT
|
||
|
From: CuD Moderators <tk0jut2@mvs.cso.niu.edu>
|
||
|
Subject: File 5--Cu Digest Header Information (unchanged since 10 Sept 1994)
|
||
|
|
||
|
Cu-Digest is a weekly electronic journal/newsletter. Subscriptions are
|
||
|
available at no cost electronically.
|
||
|
|
||
|
CuD is available as a Usenet newsgroup: comp.society.cu-digest
|
||
|
|
||
|
Or, to subscribe, send a one-line message: SUB CUDIGEST your name
|
||
|
Send it to LISTSERV@UIUCVMD.BITNET or LISTSERV@VMD.CSO.UIUC.EDU
|
||
|
The editors may be contacted by voice (815-753-0303), fax (815-753-6302)
|
||
|
or U.S. mail at: Jim Thomas, Department of Sociology, NIU, DeKalb, IL
|
||
|
60115, USA.
|
||
|
|
||
|
Issues of CuD can also be found in the Usenet comp.society.cu-digest
|
||
|
news group; on CompuServe in DL0 and DL4 of the IBMBBS SIG, DL1 of
|
||
|
LAWSIG, and DL1 of TELECOM; on GEnie in the PF*NPC RT
|
||
|
libraries and in the VIRUS/SECURITY library; from America Online in
|
||
|
the PC Telecom forum under "computing newsletters;"
|
||
|
On Delphi in the General Discussion database of the Internet SIG;
|
||
|
on RIPCO BBS (312) 528-5020 (and via Ripco on internet);
|
||
|
and on Rune Stone BBS (IIRGWHQ) (203) 832-8441.
|
||
|
CuD is also available via Fidonet File Request from
|
||
|
1:11/70; unlisted nodes and points welcome.
|
||
|
|
||
|
EUROPE: from the ComNet in LUXEMBOURG BBS (++352) 466893;
|
||
|
In ITALY: Bits against the Empire BBS: +39-461-980493
|
||
|
In BELGIUM: Virtual Access BBS: +32.69.45.51.77 (ringdown)
|
||
|
|
||
|
UNITED STATES: etext.archive.umich.edu (192.131.22.8) in /pub/CuD/
|
||
|
ftp.eff.org (192.88.144.4) in /pub/Publications/CuD/
|
||
|
aql.gatech.edu (128.61.10.53) in /pub/eff/cud/
|
||
|
world.std.com in /src/wuarchive/doc/EFF/Publications/CuD/
|
||
|
uceng.uc.edu in /pub/wuarchive/doc/EFF/Publications/CuD/
|
||
|
wuarchive.wustl.edu in /doc/EFF/Publications/CuD/
|
||
|
EUROPE: nic.funet.fi in pub/doc/cud/ (Finland)
|
||
|
ftp.warwick.ac.uk in pub/cud/ (United Kingdom)
|
||
|
|
||
|
JAPAN: ftp.glocom.ac.jp /mirror/ftp.eff.org/Publications/CuD
|
||
|
|
||
|
COMPUTER UNDERGROUND DIGEST is an open forum dedicated to sharing
|
||
|
information among computerists and to the presentation and debate of
|
||
|
diverse views. CuD material may be reprinted for non-profit as long
|
||
|
as the source is cited. Authors hold a presumptive copyright, and
|
||
|
they should be contacted for reprint permission. It is assumed that
|
||
|
non-personal mail to the moderators may be reprinted unless otherwise
|
||
|
specified. Readers are encouraged to submit reasoned articles
|
||
|
relating to computer culture and communication. Articles are
|
||
|
preferred to short responses. Please avoid quoting previous posts
|
||
|
unless absolutely necessary.
|
||
|
|
||
|
DISCLAIMER: The views represented herein do not necessarily represent
|
||
|
the views of the moderators. Digest contributors assume all
|
||
|
responsibility for ensuring that articles submitted do not
|
||
|
violate copyright protections.
|
||
|
|
||
|
------------------------------
|
||
|
|
||
|
End of Computer Underground Digest #6.88
|
||
|
************************************
|
||
|
|