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****************************************************************************
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>C O M P U T E R U N D E R G R O U N D<
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>D I G E S T<
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*** Volume 3, Issue #3.08 (March 12, 1991) **
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****************************************************************************
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MODERATORS: Jim Thomas / Gordon Meyer (TK0JUT2@NIU.bitnet)
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ARCHIVISTS: Bob Krause / Alex Smith / Bob Kusumoto
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RESIDENT GAEL: Brendan Kehoe
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USENET readers can currently receive CuD as alt.society.cu-digest. Back
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issues are also available on Compuserve (in: DL0 of the IBMBBS sig),
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PC-EXEC BBS (414-789-4210), and at 1:100/345 for those on FIDOnet.
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Anonymous ftp sites: (1) ftp.cs.widener.edu (back up and running) and
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(2) cudarch@chsun1.uchicago.edu
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E-mail server: archive-server@chsun1.uchicago.edu.
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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 as long as the source is
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cited. Some authors, however, do copyright their material, and those
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authors 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 relating to
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the Computer Underground. Articles are preferred to short responses.
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Please avoid quoting previous posts unless absolutely necessary.
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++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
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DISCLAIMER: The views represented herein do not necessarily represent the
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views of the moderators. Contributors assume all responsibility
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for assuring that articles submitted do not violate copyright
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protections.
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++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
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CONTENTS THIS ISSUE:
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File 1: Moderators' Corner
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File 2: From the Mailbag
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File 3: "Hollywood Hacker" Info Wanted
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File 4: What the EFF's Been Doing!
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File 5: Book Review--COMPUTER ETHICS
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File 6: The CU in the News: SPA Settlement
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++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
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----------------------------------------------------------------------
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********************************************************************
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*** CuD #3.08, File 1 of 6: Moderator's corner ***
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********************************************************************
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From: Moderators
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Subject: Moderators' Corner
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Date: March 12, 1991
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+++++++++++++++
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Timing of CuD Issues
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+++++++++++++++
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In the last CuD, we indicated that there would be a longer time lag between
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issues. Now, a few days later, comes the next issue. We suddenly seem to
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have a good bit of material ranging from special issues on
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FOIA/Constitutional stuff to a few longer articles that will take the bulk
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of an issue. Thanks to all the contributors, AND KEEP THE STUFF COMING. We
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especially want blurbs from news papers (or summaries for longer stories
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that assure no copyright protections are violated).
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A number of recent mailings have bounced--nobody seems to know why. All
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uucp addresses in the CuD 3.07 mailing, but this seems to have been fixed
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for most addresses. Vacation seems to have resulted in other stuff being
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returned. Best way to receive CuD is off the nets (alt.society.cu-digest)
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or ftp (see header).
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+++++++++++++++
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CuD FTP Additions
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+++++++++++++++
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The CuD ftp sites currently include a variety of University computer
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policies, additional papers, and a variety of state and federal (and a few
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foreign) computer abuse statutes.
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law/<state> Current computer crime laws are online for:
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AL, AK, AZ, CA, CO, CT, DE, FL, GA, HI, IA, ID, IL,
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IN, MD, MN, NJ, NY, TX, VT, VA, and WV.
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(Everyone [law students especially] is encouraged to send
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along other statutes...we want to build this area up to
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[hopefully] a full set.)
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We still needed: AR, DC, KS, KY, ME, MI, MO, MS, MT, NC, ND,
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NH, NM, NV, OK, RI, SC, SD, TN, UT, WI, WY
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+++++++++++++++++
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2600 and Full Disclosure Magazines
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+++++++++++++++++
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2600 and Full Disclosure are out. Characteristical, 2600 has its usual
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collection of interesting articles, including a nice story on Republican
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Party hacking into Democratic Party computers, "The Hacker Reading List,"
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and one of the last articles to come out of the Legion of Doom, "Central
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Office Operations" (by Agent Steal). As a number of people have observed
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following increased exposure of the rip-off of COCOTS (Coin Operated,
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Customer-Owned Telephones), 2600 was instrumental in documenting various
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abuses in the past. It's a mag well worth the modest investment. Contact:
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2600@well.sf.ca.us or write 2600 Magazine; PO Box 752; Middle Island, NY
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11953 (USA).
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We also received the latest issue of Full Disclosure (#22). Articles
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include a summary of the Ripco Seizure, the "Atlanta Three" Sentencing
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Memorandum, and numerous articles on government surveillance. It's a great
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issue, and a steal for only $18 for 12 issues. Contact: Full DIsclosure,
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Box 903-FD22, Libertyville, IL 60048. The Mag's Glen Roberts (publisher)
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and Bill Vajk (professional gadfly), remember, are the ones who dug up the
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Ripco seizure warrant when nobody else could.
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********************************************************************
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>> END OF THIS FILE <<
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***************************************************************************
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------------------------------
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From: Ah, Sordid
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Subject: From the Mailbag
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Date: March 12, 1991
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********************************************************************
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*** CuD #3.07: File 2 of 6: From the Mailbag ***
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********************************************************************
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Subject: SWBell PUC ruling a bad precedent.
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Date: Fri, 8 Mar 91 16:11:22 CST
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From: peter@taronga.hackercorp.com (Peter da Silva)
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> From: Visualize Whirled Peas <brewer@ACE.ENET.DEC.COM>
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> Subject: Sounds good... court ruling on BBS in SW Bell
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The associated ruling is *not* a good precedent for future cases or law,
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because it establishes that the phone company can charge based on the type
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of information shipped over a phone line, rather than on the usage
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patterns, whether the customer is running a business, or one of the
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established bases for discriminating between customers.
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With the phone companies trying to get into the information provider
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business this is a bad precedent indeed. I understand that Hirsch and co
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had other concerns, but we're all going to have to watch the various PUCs
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like a hawk for references to this. Don't let it become an accepted
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practice, or the future may see BBSes charged out of existence while the
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phone companies push videotext services like Prodigy or SWBell's
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"Sourceline".
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--
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Peter da Silva. %-_-' peter@ferranti.com
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+1 713 274 5180. 'U% "Have you hugged your wolf today?"
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++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
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From: P.A.Taylor@EDINBURGH.AC.UK
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Subject: Re: QUick quesiton
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Date: 09 Mar 91 13:04:32 gmt
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Hi, I'm a 2nd year postgrad doing a PhD on the rise of the computer
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security industry, system break-ins, browsing and viruses.
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1. Would any of you be prepared to answer a questionnaire with the
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possibility of a more in-depth e-mail discussion if you are amenable to it?
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2. Is there anyone out there in The Netherlands or Germany who would be
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prepared to brave a face-to-face interview with me. I was planning to go to
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those countries in 3-4 weeks time and possibly again in the summer.
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Obviously, I would also be keen to interview anyone in the U.K. at any
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time.
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ALL RESPONSES ETC. WILL BE TREATED WITH THE UTMOST CONFIDENCE AND ANY
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FINDINGS WILL ONLY BE USED FOR ACADEMIC PURPOSES AND NEVER WITHOUT THE
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PRIOR CONSENT OF THE SUBJECT. I CAN SUPPLY BONA FIDES OF MY ACADEMIC STATUS
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IF REQUESTED.
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Thanks very much in advance,
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Paul A. Taylor Department of Politics, Edinburgh University.
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P.S. I WOULD LIKE TO SPEAK TO *BOTH* SIDES OF THE SECURITY DEBATE.
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++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
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From: zane@DDSW1.MCS.COM
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Subject: Civil Disobedience" and Freedom in the 90's
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Date: Sun, 20 Jan 91 19:54:47 CST
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Our freedoms today are being rapidly eaten up. The RICO laws and
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Operation Sundevil are examples of this. Eric Postpischil
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(edp@jareth.enet.dec.com) has written a very good article giving
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examples of our rights and how the government is observing them in this
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the 200th anniversary of the Bill of Rights.
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But I will not dwell on what is going wrong; I think that many of you
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already know that we live in a near-police state and those of you who
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don't are quite the optimists. Many people are complaining about these
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rights and their loss, yet no one seems to be doing anything. On the
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RipCo, I was commended for my bravery for writing a letter to my Senator.
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There is nothing brave about this. What is brave is actively protesting,
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such as those who are currently protesting the War in Iraq, or, even
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more brave, those who are trying to make their views on abortion known,
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from lying in the paths of potential abortions, to simply marching on the
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capitol.
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We in the Electronic Frontier have no such people. Most people in the
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Electronic Frontier are people who WANT something done, but are not
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willing to go about doing it. The Electronic Frontier Foundation is a
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prime example. The EFF has done quite a bit for Freedom in the
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Electronic Frontier, but it is just waiting, waiting for change to come
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about slowly by petitioning the legislator. This is very slow, and by
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the time that works, it will be out of date. I had thought that what the
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EFF was doing was good enough, until I read "Civil Disobedience" by Henry
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David Thoreau. Then I realized that more must be done. One person can
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make a difference, and we are many. We do not have to wait until we
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convince the majority, says Thoreau, all we have to do is do what we feel is
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right, and change will come about.
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Thoreau, because he did not want to pledge his allegiance to the
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State, did not pay his poll tax for six years. He did not like the
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actions of the government, so therefore did not want to support them with
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his money. (The actions at that time were the Mexican-American War, and
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slavery.) He did not wait until his petitions to his legislators
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were answered, they are sluggish. He constituted a "majority of
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one."
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Something must be done to protect our freedoms in this nation. We have a
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great code in our Bill of Rights. We must protect that. That is our
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obligation as citizens and patriots. Current actions are very slow, and
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more MUST be done.
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"Civil Disobedience" can be obtained at the CuD archive at
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cudarch@chsun1.uchicago.edu, ftp.cs.widener.edu, or by archive server at
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archive-server@chsun1.uchicago.edu. Read it.
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++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
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From: Rambo Pacifist
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Subject: Computers, Movies, Media, and Madness
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Date: Sun, 10 Mar 91 21:28:21 PST
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Bob Izenberg's summary of bad computer flix reminded of a few others. Who
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can forget that giant system in the tv show The Prisoner? Anybody ever see
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that system, that probably didn't have the capacity of a 386 s/x, actually
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DO anything? And what about the computer banks in all those B-movies? Lots
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of lights with some poor schlub sitting in front of them--what are all
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those lights for? They're all designed alike. Wonder if AT&T owns the
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proprietary source code for the set design. There is a merciful god,
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because I've forgotten the name of the flick where the computer falls in
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love with some kid and tries to subvert his romance with a real-life
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bimbette who prances around with mindless dialogue and rice-pudding for
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brains--the sad thing is, it's not intended to be so mindless. And anybody
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remember the Lost in Space computer? But my favorite all time computer is
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from Bad Science--I'm typing this during a thunder storm hoping something
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will get zapped and it will clone another Rachel Ward. With my luck, tho,
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I'd get a coupla' Unix.
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********************************************************************
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>> END OF THIS FILE <<
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***************************************************************************
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------------------------------
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From: Jim Thomas
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Subject: "Hollywood Hacker" Info Wanted
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Date: March 11, 1991
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********************************************************************
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*** CuD #3.07: File 3 of 6: "Hollywood Hacker" Info Wanted ***
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********************************************************************
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About a year ago, if memory serves, a reporter dubbed the "Hollywood
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Hacker" made the news when the Secret Service and Los Angeles police raided
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his home with a television crew present. I think his name was Stuart
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Goldman. My recollection of the facts is rather cloudy, but I have seen
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little follow-up on this case, and it hasn't been mentioned among the
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"abuses" of the raids of that period.
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The gist of the case, I think, was roughly this: The "Hollywood Hacker" was
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a freelance investigative reporter for Fox who was accused of accessing
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computers while investigating a story. He was raided in a media-event
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atmosphere, the story made a few tabloids and the Fox News for a day or
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two, and then was forgotten.
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Has anybody been following this? Were there indictments? Did the case go to
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trial? Will it go to trial? Is this still a federal case, or did they turn
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it over to local agencies? The issues the case raises seem critically
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important for the CU, and it seems surprising, if this broad summary is
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reasonably correct, that there has not been more information of follow-up
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on it. For example, what are the implications for freedom of the press in
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applying computer abuse laws (and in California, if prosecuted under state
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law, some of the law is rather Draconian)? If a reporter was working on
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other stories and the info was confiscated, was this information ever
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returned? If there were tv cameras present, why? The SS and most local
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police are usually quite reticent about such things, so this kind of
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action, if it occured, seems rather odd.
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If anybody has any information (indictments, affidavits, news articles,
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tapes of the original broadcasts or other documents), perhaps you could
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send them over. Because the principle was a reporter, and because--if
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memory serves--it was labelled hacking and wasn't--the implications may be
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important. Like the cases of Ripco, Steve Jackson, Craig Neidorf, and
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others, there may be issues here that, if unaddressed, will create bad-law
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and legitimize increasing (and unnecessary) controls of the government over
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Constitutional protections for ALL computer hobbyists.
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********************************************************************
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>> END OF THIS FILE <<
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***************************************************************************
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------------------------------
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From: EFF (excerpts from EFF NEWS #3)
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Subject: What the EFF's Been Doing!
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Date: March 11, 1991
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********************************************************************
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*** CuD #3.07: File 4 of 6: What the EFF's Been Doing ***
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********************************************************************
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%Moderator's Note: We have received, and seen on the nets, a number of
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inquiries wondering about what the EFF has been doing. Some of these
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inquiries have been critical, suggesting the EFF hasn't been doing anything
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except seeking publicity. This seems unfair, because it puts them in a
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|||
|
|
catch-22 situation: If they don't publicize their activities, they are
|
|||
|
|
accused of doing nothing; If they do publicize their activities, they are
|
|||
|
|
accused of grand-standing. In a recent post on comp.org.eff.talk, Mike
|
|||
|
|
Godwin indicated that the reason EFF does not publicize their activities
|
|||
|
|
more fully is tactical: Why let the opposition know what the defense is
|
|||
|
|
planning? When General Schwartzkopf used this strategy in planning the
|
|||
|
|
campaign in Iraq, he was a hero. We suggest that EFF is every bit as
|
|||
|
|
heroic, because they, too, are protecting the Constitution and "American
|
|||
|
|
Way," but in a longer, slower, and much less glamorous campaign.
|
|||
|
|
|
|||
|
|
In the latest EFF News (#3), Mike and Mitch outlined what the EFF has been
|
|||
|
|
up to, and for those who haven't seen it, the following should be
|
|||
|
|
sufficient evidence that those legal eagles are busy little beavers (even
|
|||
|
|
if they do hate mixed metaphors).--J&G%.
|
|||
|
|
|
|||
|
|
*** CASE UPDATES, by Mike Godwin***
|
|||
|
|
|
|||
|
|
Len Rose
|
|||
|
|
|
|||
|
|
EFF's support and Mitch's independent funding of Len's defense have led to
|
|||
|
|
good results. Our efforts have limited the extent to which Len is being
|
|||
|
|
made an example of, and the extent to which he can be used as justification
|
|||
|
|
for increased law-enforcement activity in this area. Had we not intervened
|
|||
|
|
in Len's support, it seems likely not only that he would have faced far
|
|||
|
|
harsher penalties after a plea bargain or trial, but also that bad law
|
|||
|
|
would have been made by his federal and state cases.
|
|||
|
|
|
|||
|
|
Acid, Optik, and Scorpion
|
|||
|
|
|
|||
|
|
"Acid Phreak" and "The Scorpion" received preindictment letters from
|
|||
|
|
federal prosecutors in New York, while "Phiber Optik" was indicted by a
|
|||
|
|
state grand jury. Phiber's case has been resolved; he pled guilty to a
|
|||
|
|
misdemeanor count, and at this writing his sentence is expected to be
|
|||
|
|
limited to community service when he is sentenced on April 4.
|
|||
|
|
|
|||
|
|
EFF has chosen not to become involved in these cases at this early stage,
|
|||
|
|
primarily because it is unclear whether the cases will raise important
|
|||
|
|
Constitutional or civil-liberties issues, but we are tracking them closely.
|
|||
|
|
|
|||
|
|
Washington v. Riley
|
|||
|
|
|
|||
|
|
Although we initially favored involvement in this case, EFF's legal
|
|||
|
|
committee later decided that prudent management of our financial and legal
|
|||
|
|
resources dictated that we withhold our formal involvement here. This case
|
|||
|
|
raises important issues, but control of our costs and management of our
|
|||
|
|
time has forced us to make some hard decisions about investing in new
|
|||
|
|
cases, and in this light we determined that this case would not represent
|
|||
|
|
the best investment of our limited resources.
|
|||
|
|
|
|||
|
|
We have remained in touch with Riley's attorney, however, and we have
|
|||
|
|
offered to act informally as a legal and technical resource for her to the
|
|||
|
|
extent it does not detract from our work on other projects; she has
|
|||
|
|
accepted our offer.
|
|||
|
|
|
|||
|
|
Other
|
|||
|
|
|
|||
|
|
Other important legal matters are currently receiving considerable
|
|||
|
|
attention. Because these are of a sensitive nature, we will not be able to
|
|||
|
|
disclose details until some time in the future. Please bear with us.
|
|||
|
|
|
|||
|
|
*** LEGAL CASE MANAGEMENT, by Mitch Kapor ***
|
|||
|
|
|
|||
|
|
On February 6, Harvey Silverglate, Sharon Beckman, Tom Viles, and Gia
|
|||
|
|
Baresi (all of Silverglate and Good), Mike Godwin, and I all had dinner
|
|||
|
|
together at Harvey's house. We reached a number of important conclusions
|
|||
|
|
about improving the effectiveness and reducing the cost of the legal
|
|||
|
|
programs of the foundation.
|
|||
|
|
|
|||
|
|
S&G want are willing to allocate additional people to the EFF account in
|
|||
|
|
order to have some extra capacity to handle peak loads. Tom Viles will be
|
|||
|
|
working with us. He's very ACLU-knowledgeable. He is serving on a
|
|||
|
|
national ACLU committee which has just recommended that the ACLU take a
|
|||
|
|
position on national info infrastructure.
|
|||
|
|
|
|||
|
|
S&G sees EFF as being its ongoing client, as opposed to their usual mode of
|
|||
|
|
operation which is to represent an individual or organization for a
|
|||
|
|
particular case. In essence, S&G is becoming the EFF's outside litigation
|
|||
|
|
counsel. With both parties located in Boston, it will make coordination
|
|||
|
|
more convenient and less expensive. They have also agreed to work at a
|
|||
|
|
very large discount from their usual client fee schedule.
|
|||
|
|
|
|||
|
|
We discussed streamlining the legal review process. Everyone felt that
|
|||
|
|
it's wasteful and inefficient to have several lawyers looking into each
|
|||
|
|
possible new case and to have conference calls for making decisions. Mike
|
|||
|
|
and Sharon are going to prepare a joint plan on how we will manage the
|
|||
|
|
legal process efficiently. Now that there are fewer parties involved and
|
|||
|
|
that all of the lawyers are in town, it should be simpler.
|
|||
|
|
|
|||
|
|
*** LEGAL AND POLICY PROJECTS, by Mitch Kapor ***
|
|||
|
|
|
|||
|
|
Sysop liability
|
|||
|
|
|
|||
|
|
We are engaged in an internal discussion about the limits of sysop
|
|||
|
|
liability. We hope to build a consensus on what the law should be in this
|
|||
|
|
area in order to provide a philosophical framework for whatever action we
|
|||
|
|
choose to take in current and future BBS seizure cases.
|
|||
|
|
|
|||
|
|
Massachusetts Computer Crime Bill
|
|||
|
|
|
|||
|
|
We are once again working with the Mass. Computer Software Council in an
|
|||
|
|
effort to pass a progressive computer crime bill which protects civil
|
|||
|
|
liberties as well as security interests. Two different bills have been
|
|||
|
|
filed: one is our bill, while the other has serious problems of
|
|||
|
|
overbreadth. Sharon, Mike, and I are all working on this. Sharon has
|
|||
|
|
prepared testimony which will be used in public hearings nest week. There
|
|||
|
|
will be a series of briefings for legislators and other other parties as
|
|||
|
|
well.
|
|||
|
|
|
|||
|
|
Guidelines for Computer Search and Seizure
|
|||
|
|
|
|||
|
|
Previously Terry Gross and Nick Poser of Rabinowitz, Boudin had developed a
|
|||
|
|
series of guidelines for the conduct of computer-based searches for an ABA
|
|||
|
|
sub-committee working on this issue. Subsequently, Mike Godwin revised
|
|||
|
|
those for a paper and presentation to be given at the Computer Virus
|
|||
|
|
conference upcoming shortly. At the recent CPSR Policy Roundtable, it
|
|||
|
|
became apparent that we needed to take more of top-down approach in order
|
|||
|
|
to gain adoption and implementation of these guidelines by federal and
|
|||
|
|
state law enforcement agencies.
|
|||
|
|
|
|||
|
|
We are now in the process of structuring an important project, to be led by
|
|||
|
|
Mike, which will target the FBI and other key agencies for a series of
|
|||
|
|
events to formally develop and present our finding and recommendations.
|
|||
|
|
Jerry Berman of the ACLU has offered to assist us in navigating our way
|
|||
|
|
through the bureaucratic maze in Washington.
|
|||
|
|
|
|||
|
|
Computer Bulletin Boards, Computer Networks, and the Law
|
|||
|
|
|
|||
|
|
In addition to the computer crime bill work and development of search
|
|||
|
|
guidelines, the third major legal project is to develop a position on the
|
|||
|
|
legal issues surrounding computer bulletin boards. There has already been
|
|||
|
|
a great deal of discussion about this issue on the net on the Well's EFF
|
|||
|
|
conference. There have been a small number of law papers published on the
|
|||
|
|
subject as well. Nothing to date though has offered a comprehensive
|
|||
|
|
proposal as to how to place BBSes and network carriers in the same legal
|
|||
|
|
framework as print publications, common carriers, and broadcasters.
|
|||
|
|
|
|||
|
|
This project, which will involve a collective effort of all EFF principals,
|
|||
|
|
and which is being driven by Mike, will seek to identify both the
|
|||
|
|
fundamental common aspects and differentiating attributes of digital
|
|||
|
|
computer media as compared with their predecessors. This will be done in
|
|||
|
|
order to propose basic approaches to issues of government censorship,
|
|||
|
|
rights and restrictions of private network carriers and system operators
|
|||
|
|
to control content ("private" censorship) and liabilities of system
|
|||
|
|
operators and users for activities and communication using network
|
|||
|
|
facilities.
|
|||
|
|
|
|||
|
|
This is an ambitious undertaking, which will commence with a formal issues
|
|||
|
|
development process, the deliverable of which will initially take some
|
|||
|
|
written form such as a published paper or position statement. We will
|
|||
|
|
attempt to incorporate input from many groups in this process in order to
|
|||
|
|
develop a consensus.
|
|||
|
|
|
|||
|
|
As a starting point, I offer the notion that a computer bulletin board
|
|||
|
|
ought to be treated as a legal hybrid. For certain purposes, e.g., the
|
|||
|
|
right of the publisher to be free from government censorship of content, it
|
|||
|
|
should be treated as though it were a print publication. But a BBS
|
|||
|
|
operator should have less liability for the content of the board than the
|
|||
|
|
publisher of a magazine. In many cases it is simply impossible, given the
|
|||
|
|
volume of posting, for a sysop to review new postings in advance. The
|
|||
|
|
principled way to defend such a hybrid approach would be to show that the
|
|||
|
|
elements of the legal treatment desired are related to the particular
|
|||
|
|
attributes of the system itself and reflect, in each case, a desirable
|
|||
|
|
public policy goal.
|
|||
|
|
|
|||
|
|
The ACLU is beginning to take an interest in this area. We will work
|
|||
|
|
cooperatively with them.
|
|||
|
|
|
|||
|
|
Other
|
|||
|
|
|
|||
|
|
There are other worthwhile projects competing for attention as well. In an
|
|||
|
|
informal feedback session to the EFF held at the CPSR Roundtable, there was
|
|||
|
|
a great deal of interest in a project to educate users of computers
|
|||
|
|
networks about their rights and responsibilities. There is also interest
|
|||
|
|
in understanding successful techniques in the self-management of "virtual
|
|||
|
|
communities" which lessens the necessity for external sanctions. My
|
|||
|
|
current judgment is that our "policy research" plate is already full and
|
|||
|
|
that undertaking these or other subjects will have to be deferred.
|
|||
|
|
|
|||
|
|
CPSR FOIA Requests
|
|||
|
|
|
|||
|
|
Mike Godwin attended a meeting in Washington between representatives of the
|
|||
|
|
Secret Service and David Sobel and Marc Rotenberg of CPSR. This meeting,
|
|||
|
|
initiated by the Secret Service, took place for the purpose of helping the
|
|||
|
|
agency define the scope of CPSR's two FOIA requests concerning,
|
|||
|
|
respectively, Sundevil and non-Sundevil computer-crime investigations by
|
|||
|
|
the Secret Service. Mike took part in the discussion, and is supporting
|
|||
|
|
CPSR's FOIA effort by seeking privacy releases from individuals who may be
|
|||
|
|
named in the files CPSR is seeking.
|
|||
|
|
|
|||
|
|
The EFFECTOR
|
|||
|
|
|
|||
|
|
The first issue of the EFFector print newsletter is at the printer. Gerard
|
|||
|
|
van der Leun contributed much time and energy to seeing this through. I
|
|||
|
|
think we will all be very pleased with its maiden voyage. EFFector is
|
|||
|
|
aimed at an audience not already assumed to be intimately familiar with
|
|||
|
|
issues on the electronic frontier.
|
|||
|
|
|
|||
|
|
The newsletter will be distributed to people on our mailing list who have
|
|||
|
|
sent us postal addresses, every Well subscriber, and all participants at
|
|||
|
|
the Computers, Freedom, and Privacy conference. We are printing about
|
|||
|
|
10,000 copies.
|
|||
|
|
|
|||
|
|
The production values are very professional without looking too slick or
|
|||
|
|
glitzy. (Gerard was able to persuade a graphic designer to develop the
|
|||
|
|
format and design the first issue for virtually nothing). I think it
|
|||
|
|
communicates our basic concerns and positions quite well. There is a piece
|
|||
|
|
by Barlow on the origins of the EFF. I have my "Why Defend Hackers"
|
|||
|
|
article. There are features on "20 Things You Can Do to Advance the
|
|||
|
|
Electronic Frontier" culled from postings on the Well, a Washington update
|
|||
|
|
by Marc Rotenberg, and many other worthwhile items.
|
|||
|
|
|
|||
|
|
We are aiming for a four times yearly publication frequency. Beginning
|
|||
|
|
with issue two we will work out a subscription / membership plan and
|
|||
|
|
arrangement.
|
|||
|
|
|
|||
|
|
********************************************************************
|
|||
|
|
>> END OF THIS FILE <<
|
|||
|
|
***************************************************************************
|
|||
|
|
|
|||
|
|
------------------------------
|
|||
|
|
|
|||
|
|
From: Jim Thomas
|
|||
|
|
Subject: Book Review--COMPUTER ETHICS
|
|||
|
|
Date: March 8, 1991
|
|||
|
|
|
|||
|
|
********************************************************************
|
|||
|
|
*** CuD #3.07: File 5 of 6: Book Review: Computer Ethics ***
|
|||
|
|
********************************************************************
|
|||
|
|
|
|||
|
|
Review of COMPUTER ETHICS: CAUTIONARY TALES AND ETHICAL DILEMMAS IN
|
|||
|
|
COMPUTING, by Tom Forester and Perry Morrison. 1990. Oxford (Eng.): Basil
|
|||
|
|
Blackwell. 193 pp. (np). (Reviewed by Jim Thomas, Northern Illinois
|
|||
|
|
University).
|
|||
|
|
|
|||
|
|
The questions raised in the U.S. by Secret Service procedures in so-called
|
|||
|
|
"computer crime" investigations such as Operation Sun Devil, the growth in
|
|||
|
|
public computer literacy, and the general public recognition that computers
|
|||
|
|
are moving from the periphery to the center of social control and
|
|||
|
|
organizational operations make COMPUTER ETHICS a timely and worthwhile
|
|||
|
|
tome. Although both authors resided in Australia when the book was written
|
|||
|
|
(Tom Forester remains at Griffith University in Queensland and Perry
|
|||
|
|
Morrison is now at the University of Singapore), the work focuses primarily
|
|||
|
|
on the U.S. for examples, but draws as well from international data to
|
|||
|
|
argue that society has yet to confront the twin dilemmas of hardware and
|
|||
|
|
software malfunctions and misuse by humans.
|
|||
|
|
|
|||
|
|
In some ways, the book is misnamed. The themes are not restricted to those
|
|||
|
|
of ethics, but include as well risks to society by over-reliance on
|
|||
|
|
computer technology (especially when it fails) and to thornier social
|
|||
|
|
issues, such as privacy, the social implications of artificial
|
|||
|
|
intelligence, and the potential problems of the increasingly computerized
|
|||
|
|
workplace. The authors organize each of the eight chapters around a specific
|
|||
|
|
issue (Our Computerized Society, Computer Crime, Software Theft, Hacking
|
|||
|
|
and Viruses, Unreliable Computers, The Invasion of Privacy, AI and Expert
|
|||
|
|
System, and Computerizing the Workplace), summarize the problems by drawing
|
|||
|
|
from an impressive wealth of data from conventional and other media, and
|
|||
|
|
conclude each chapter with a hypothetical example and set of questions that
|
|||
|
|
enhance the value of the work for college graduate and undergraduate
|
|||
|
|
classes.
|
|||
|
|
|
|||
|
|
About one third of the book directly confronts computer crime and "computer
|
|||
|
|
underground" activities, such as piracy and hacking. There is no obvious
|
|||
|
|
ax-grinding, and especially with piracy the authors raise issues in a
|
|||
|
|
generally non-judgmental manner. They observe that an increasing number of
|
|||
|
|
software authors have recognized the general ineffectiveness of
|
|||
|
|
program-protecting their products and have increasingly moved away from the
|
|||
|
|
practice. However, the focus of the discussion avoids the type of "warez
|
|||
|
|
sharing" that occurs on pirate BBSs and begs the issue of swapping
|
|||
|
|
copyright programs without purchasing them. The discussion example focuses
|
|||
|
|
on the ethical issue of copy-protecting programs with a disk-wiping virus
|
|||
|
|
rather than using an example that teases out the nuances of using
|
|||
|
|
unpurchased software. I am also a bit troubled by the cursory attention
|
|||
|
|
given to the different types of piracy. Participants enmeshed in the
|
|||
|
|
"pirate culture" on BBSs would agree that theft of proprietary source code
|
|||
|
|
for profit or reselling copied programs is clearly wrong. Further, even
|
|||
|
|
within the computer underground, pirates range from "kids" who crack and
|
|||
|
|
swap games to older and more sophisticated users who simply enjoy
|
|||
|
|
collecting and examining various types of programs. Without teasing out the
|
|||
|
|
complexity of the pirate culture, many of the important issues are glossed
|
|||
|
|
over, such as the ethics of "fair use" to pre-test a program, the harm (or
|
|||
|
|
lack of it) in using a program that would not have been purchased, but
|
|||
|
|
whose use expands a product's visibility and reputation (thereby expanding
|
|||
|
|
the market), and the problem of an increasing array of available software
|
|||
|
|
that if purchased would be exceed the resources of all but the most
|
|||
|
|
affluent computerists. In fairness, not all relevant ideas can be
|
|||
|
|
addressed in a single chapter, and the authors satisfactorily provoked
|
|||
|
|
enough questions to make this an interesting and useful section.
|
|||
|
|
|
|||
|
|
The most troublesome chapter, "Hacking and Viruses," simplifies the
|
|||
|
|
phreak/hacking community and alludes to studies that do not accurately
|
|||
|
|
reflect the computer underground. Although a relatively short and seemingly
|
|||
|
|
innocuous discussion, the section "why do hackers 'hack'?" cites studies
|
|||
|
|
suggesting that "severe social inadequacy" typifies many hackers. The
|
|||
|
|
authors do make it clear that there is no simple answer to explain
|
|||
|
|
motivation, they tend to ignore the primary reasons cited by most hackers:
|
|||
|
|
The challenge, the excitement, and the satisfaction of success and
|
|||
|
|
increased knowledge. Granted, these reasons, too, are simplistic as a
|
|||
|
|
satisfactory explanation but they provide an antidote to the general
|
|||
|
|
imagery portrayed by law enforcement officials that hackers are dangerous
|
|||
|
|
social misfits and criminals who should be prosecuted to the full extent of
|
|||
|
|
the law.
|
|||
|
|
|
|||
|
|
Also troublesome is the inclusion of virus writers and spreaders with
|
|||
|
|
hacking activity. Hackers are as vehemently opposed to spreading viruses as
|
|||
|
|
law enforcement. In fact, hackers, because of their use of networks and
|
|||
|
|
reliance on smoothly functioning hardware, have far more to lose than the
|
|||
|
|
average computer user by their spread. Nonetheless, the authors do raise a
|
|||
|
|
few questions about the differences in the various types of activity,
|
|||
|
|
asking, for example, whether system-browsing should be criminalized in the
|
|||
|
|
same way as other predatory behavior. The degree to which this chapter
|
|||
|
|
provokes disagreement and challenge to some of the claims (or vehement
|
|||
|
|
responses to some of the questions) is simply an indicator of the utility
|
|||
|
|
of this work both for stimulating thought and for generating discussion.
|
|||
|
|
|
|||
|
|
Although the remainder of the book is not as directly relevant to the CU
|
|||
|
|
community, it nonetheless provides interesting reading. The authors
|
|||
|
|
continually remind the reader that despite their benefits, computers
|
|||
|
|
possess numerous demonstrable dangers. The value of the work is not simply
|
|||
|
|
the admonition of the risks of computer misuse, but more importantly, that
|
|||
|
|
social attitudes, ethical issues, governmental policies, and social control
|
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|
strategies have lagged far behind in the need to be aware of how computers
|
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|
|
change our lives and how these changes may usher in new forms of social
|
|||
|
|
interaction for which we are unprepared as we cross into the
|
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|
|
cyber-frontier.
|
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|
|
|
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|
|
The authors' scholarship and documentation, although impressive, does not
|
|||
|
|
tempt them to fall back into academicese. The volume reads like a novel
|
|||
|
|
and--even where one might disagree with claims or conclusions--the
|
|||
|
|
provocations are stimulating rather than combatative. In short, Computer
|
|||
|
|
Ethics is fun and worth reading.
|
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|
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|
********************************************************************
|
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>> END OF THIS FILE <<
|
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***************************************************************************
|
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|
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|
------------------------------
|
|||
|
|
|
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|
|
From: Gordon Meyer <72307.1502@COMPUSERVE.COM>
|
|||
|
|
Subject: The CU in the News: SPA Settlement SPA Settlement
|
|||
|
|
Date: 10 Mar 91 02:54:32 EST
|
|||
|
|
|
|||
|
|
********************************************************************
|
|||
|
|
*** CuD #3.07: File 6 of 6: The CU in the News ***
|
|||
|
|
********************************************************************
|
|||
|
|
|
|||
|
|
- Washington, D.C. SPA STRIKES AGAIN!
|
|||
|
|
---------------
|
|||
|
|
|
|||
|
|
Last week the Software Publishers Association (SPA) reported a settle-
|
|||
|
|
ment with Davy McKee Corp. concerning illegal use of software (CPU
|
|||
|
|
Status Report #10), this week the SPA has announced a raid on Parametrix
|
|||
|
|
Corp., an engineering consulting firm, that "unveiled a substantial
|
|||
|
|
number of illegal copies of software in use."
|
|||
|
|
|
|||
|
|
After obtaining an exparte writ of seizure and a temporary restraining
|
|||
|
|
order, on February 26, the SPA's attorneys, along with some federal
|
|||
|
|
marshals paid a surprise visit to the Bellevue and Sumner locations of
|
|||
|
|
Parametrix and conducted an audit of the personal computers at these
|
|||
|
|
locations.
|
|||
|
|
|
|||
|
|
SPA Executive Director Ken Wasch said, "The raid on Parametrix is part
|
|||
|
|
of the industry's stepped-up campaign against software piracy in
|
|||
|
|
corporate America. The SPA now receives dozens of piracy reports each
|
|||
|
|
week, and we are filing new lawsuits every few days."
|
|||
|
|
|
|||
|
|
[Moderators' note: Those of us heavily into the matrix tend to forget
|
|||
|
|
that most "real people" aren't using the same tools to obtain
|
|||
|
|
information, etc. Here are some interesting numbers that may help to
|
|||
|
|
understand the next time the general public fails to get too excited
|
|||
|
|
about encroachments on our electronic freedoms.]
|
|||
|
|
|
|||
|
|
- Stamford, Connecticut OVER 1/2 OF US HOUSEHOLDS DON'T
|
|||
|
|
++++++++++++++++++++++++++++++ USE PC, FAX OR CELLULAR PHONES
|
|||
|
|
|
|||
|
|
According to a survey of 45,000 U.S. households done by Comtec Market
|
|||
|
|
Analysis Services of the Gartner Group, 52% of Americans haven't used a
|
|||
|
|
PC, fax machine or cellular phone, either at home or at work. Only 3%
|
|||
|
|
of households use all 3 technologies while cellular phones are in 7% and
|
|||
|
|
42% use PCs.
|
|||
|
|
|
|||
|
|
Source:
|
|||
|
|
STReport March 08, 1991 No.7.10
|
|||
|
|
Reprinted with permission.
|
|||
|
|
|
|||
|
|
********************************************************************
|
|||
|
|
|
|||
|
|
------------------------------
|
|||
|
|
|
|||
|
|
**END OF CuD #3.08**
|
|||
|
|
********************************************************************
|
|||
|
|
|
|||
|
|
|
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|
|
|