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899 lines
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Computer underground Digest Wed Dec 8 1993 Volume 5 : Issue 92
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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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Shadow-Archivists: Dan Carosone / Paul Southworth
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Ralph Sims / Jyrki Kuoppala
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Ian Dickinson
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Copy Editor: Craig Shergold, III
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CONTENTS, #5.92 (Dec 8 1993)
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File 1--Senator Simon Introduces Privacy Bill
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File 2--Cantwell & Markey bills, GAO report, etc. online at EFF
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File 3--ANNOUNCEMENT: DPSWG Crypto-Policy Statement to White House
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File 4--A Superhighway Through the Wasteland?
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File 5--Health Privacy Radio Program
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File 6--Apple "Accepts" Texas Bigotry
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Cu-Digest is a weekly electronic journal/newsletter. Subscriptions are
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available at no cost electronically from tk0jut2@mvs.cso.niu.edu. The
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editors may be contacted by voice (815-753-0303), fax (815-753-6302)
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or U.S. mail at: Jim Thomas, Department of Sociology, NIU, DeKalb, IL
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60115.
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Issues of CuD can also be found in the Usenet comp.society.cu-digest
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news group; on CompuServe in DL0 and DL4 of the IBMBBS SIG, DL1 of
|
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LAWSIG, and DL1 of TELECOM; on GEnie in the PF*NPC RT
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libraries and in the VIRUS/SECURITY library; from America Online in
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the PC Telecom forum under "computing newsletters;"
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On Delphi in the General Discussion database of the Internet SIG;
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on the PC-EXEC BBS at (414) 789-4210; and on: Rune Stone BBS (IIRG
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WHQ) (203) 832-8441 NUP:Conspiracy; RIPCO BBS (312) 528-5020
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CuD is also available via Fidonet File Request from 1:11/70; unlisted
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nodes and points welcome.
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EUROPE: from the ComNet in LUXEMBOURG BBS (++352) 466893;
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In ITALY: Bits against the Empire BBS: +39-461-980493
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ANONYMOUS FTP SITES:
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AUSTRALIA: ftp.ee.mu.oz.au (128.250.77.2) in /pub/text/CuD.
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EUROPE: ftp.funet.fi in pub/doc/cud. (Finland)
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UNITED STATES:
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aql.gatech.edu (128.61.10.53) in /pub/eff/cud
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etext.archive.umich.edu (141.211.164.18) in /pub/CuD/cud
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ftp.eff.org (192.88.144.4) in /pub/cud
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halcyon.com( 202.135.191.2) in /pub/mirror/cud
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ftp.warwick.ac.uk in pub/cud (United Kingdom)
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KOREA: ftp: cair.kaist.ac.kr in /doc/eff/cud
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COMPUTER UNDERGROUND DIGEST is an open forum dedicated to sharing
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information among computerists and to the presentation and debate of
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diverse views. CuD material may be reprinted for non-profit as long
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as the source is cited. Authors hold a presumptive copyright, and
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they should be contacted for reprint permission. It is assumed that
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non-personal mail to the moderators may be reprinted unless otherwise
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specified. Readers are encouraged to submit reasoned articles
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relating to computer culture and communication. Articles are
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preferred to short responses. Please avoid quoting previous posts
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unless absolutely necessary.
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DISCLAIMER: The views represented herein do not necessarily represent
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the views of the moderators. Digest contributors assume all
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responsibility for ensuring that articles submitted do not
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violate copyright protections.
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----------------------------------------------------------------------
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Date: Tue, 1 Dec 1993 14:04:41 EST
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From: Alert@washofc.cpsr.org
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Subject: File 1--Senator Simon Introduces Privacy Bill
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Extracted from CPSR ALERT, #2.06, 1 December, 1993
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[1] Senator Simon Introduces Major Privacy Bill
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Senator Paul Simon (D-IL) has introduced legislation to create a
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privacy agency in the United States. The bill is considered the most
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important privacy measure now under consideration by Congress.
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The Privacy protection Act of 1993, designated S. 1735, attempts to
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fill a critical gap in US privacy law and to respond to growing public
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concern about the lack of privacy protection.
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The Vice President also recommended the creation of a privacy agency
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in the National Performance Review report on reinventing government
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released in September.
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The measure establishes a commission with authority to oversee the
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Privacy Act of 1974, to coordinate federal privacy laws, develop model
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guidelines and standards, and assist individuals with privacy matters.
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However, the bill lacks authority to regulate the private sector, to
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curtail government surveillance proposals, and has a only a small
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budget for the commission.
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Many privacy experts believe the bill is a good first step but does not
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go far enough.
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The Senate is expected to consider the bill in January when it returns
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to session.
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-------------------------------------------------------------
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[2] Senator Simon's Statement on Introduction
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(From the Congressional Record, November 19, 1993)
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Mr. Simon. "Mr. President, I am introducing legislation today to
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create a Privacy Protection Commission. The fast-paced growth in
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technology coupled with American's increasing privacy concerns demand
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Congress take action.
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"A decade ago few could afford the millions of dollars necessary for a
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mainframe computer. Today, for a few thousand dollars, you can purchase
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a smaller, faster, and even more powerful personal computer. Ten years
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from now computers will likely be even less expensive, more accessible,
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and more powerful. Currently, there are "smart" buildings, electronic
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data "highways", mobile satellite communication systems, and
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interactive multimedia. Moreover, the future holds technologies that we
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can't even envision today. These changes hold the promise of
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advancement for our society, but they also pose serious questions about
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our right to privacy. We should not fear the future or its technology,
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but we must give significant consideration to the effect such
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technology will have on our rights.
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"Polls indicate that the American public is very concerned about this
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issue. For example, according to a Harris-Equifax poll completed this
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fall, 80 percent of those polled were concerned about threats to their
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personal privacy. In fact, an example of the high level of concern is
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reflected in the volume of calls received by California's Privacy
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Rights Clearinghouse. Within the first three months of operation. The
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California Clearinghouse received more than 5,400 calls. The
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Harris-Equifax poll also reported that only 9 percent of Americans felt
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that current law and organizational practices adequately protected
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their privacy. This perception is accurate. The Privacy Act of 1974
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was created to afford citizens broad protection. Yet, studies and
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reviews of the act clearly indicate that there is inadequate specific
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protection, too much ambiguity, and lack of strong enforcement.
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"Furthermore, half of those polled felt that technology has almost
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gotten out of control, and 80 percent felt that they had no control
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over how personal information about them is circulated and used by
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companies. A recent article written by Charles Piller for MacWorld
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magazine outlined a number of privacy concerns. I ask unanimous consent
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the article written by Charles Piller be included in the record
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following my statement. These privacy concerns have caused the public
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to fear those with access to their personal information. Not
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surprisingly, distrust of business and government has significantly
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climbed upwards from just three years ago.
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"In 1990, the United States General Accounting Office reported that
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there were conservatively 910 major federal data banks with billions of
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individual records. Information that is often open to other
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governmental agencies and corporations, or sold to commercial data
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banks that trade information about you, your family, your home, your
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spending habits, and so on. What if the data is inaccurate or no longer
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relevant? Today's public debates on health care reform, immigration,
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and even gun control highlight the growing public concern regarding
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privacy.
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"The United States has long been the leader in the development of
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privacy policy. The framers of the Constitution and the Bill of Rights
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included an implied basic right to privacy. More than a hundred years
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later, Brandeis and Warren wrote their famous 1890 article, in which
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they wrote that privacy is the most cherished and comprehensive of
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all rights. International privacy scholar Professor David Flaherty has
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argued successfully that the United States invented the concept of a
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legal right to privacy. In 1967, Professor Alan Westin wrote privacy
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and freedom, which has been described as having been of primary
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influence on privacy debates world-wide. Another early and
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internationally influential report on privacy was completed in 1972
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by the United States Department of Health, Education, and Welfare
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advisory committee. A Few years later in 1974, Senator Sam Ervin
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introduced legislation to create a federal privacy board. The result
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of debates on Senator Ervin's proposal was the enactment of the
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Privacy Act of 1974. The United States has not addressed privacy
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protection in any comprehensive way since.
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"International interest in privacy and in particular data protection
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dramatically moved forward in the late 1970's. In 1977 and 1978 six
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countries enacted privacy protection legislation. As of September
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1993, 27 countries have legislation under consideration. I ask
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unanimous consent that a list of those countries be included in the
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record following my statement. Among those considering legislation are
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former Soviet Block countries Croatia, Estonia, Slovakia, and
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Lithuania. Moreover, the European Community Commission will be adopting
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a directive on the exchange of personal data between those countries
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with and those without data or privacy protection laws.
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"Mr. President, a Privacy Protection Commission is needed to restore
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the public's trust in business and government's commitment to
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protecting their privacy and willingness to thoughtfully and seriously
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address current and future privacy issues. It is also needed to fill
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in the gaps that remain in federal privacy law.
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"The Clinton Administration also recognizes the importance for
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restoring public trust. A statement the Office of Management and Budget
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sent to me included the following paragraph:
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[T]he need to protect individual privacy has become increasingly
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important as we move forward on two major initiatives, Health
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Care Reform and the National Information Infrastructure. The
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success of these initiatives will depend, in large part, on the
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extent to which Americans trust the underlying information
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systems. Recognizing this concern, the National Performance
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Review has called for a commission to perform a function similar
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to that envisioned by Senator Simon. Senator Simon's bill
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responds to an issue of critical importance.
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"In addition, the National Research Council recommends the creation of
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'an independent federal advisory body ...' In their newly released
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study, Private Lives and Public Policies.
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"It is very important that the Privacy Protection Commission be
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effective and above politics. Toward that end, the Privacy Protection
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Commission will be advisory and independent. It is to be composed of 5
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members, who are appointed By the President, by and with the consent of
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the Senate, with no more than 3 from the same political party. The
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members are to serve for staggered seven year terms, and during their
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tenure on the commission, may not engage in any other Employment.
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"Mr. President, I am concerned about the creation of additional
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bureaucracy; therefore the legislation would limit the number of
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employees to a total of 50 officers and employees. The creation of an
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independent Privacy Protection Commission is imperative. I have
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received support for an independent privacy protection commission from
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consumer, civil liberty, privacy, library, technology, and law
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organizations, groups, and individuals. I ask unanimous consent that a
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copy of a letter I have received be included in the record following my
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statement.
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"What the commission's functions, make-up, and responsibilities are
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will certainly be debated through the Congressional process. I look
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forward to hearing from and working with a broad range of individuals,
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organizations, and businesses on this issue, as well as the
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administration.
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"I urge my colleagues to review the legislation and the issue, and join
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me in support of a privacy protection commission. I ask unanimous
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consent that the text of the bill be included in the record."
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-------------------------------------------------------------
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[3] Privacy Commission Bill Section Headings
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Section 1. Short Title.
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Section 2. Findings and Purpose.
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Section 3. Establishment of a Privacy Protection Commission.
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Section 4. Privacy Protection Commission.
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Section 5. Personnel of The Commission.
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Section 6. Functions of The Commission.
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Section 7. Confidentiality of Information.
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Section 8. Powers of the Commission.
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Section 9. Reports and Information.
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Section 10. Authorization of Appropriations.
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A full copy of the bill, floor statement and other materials will
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be made available at the CPSR Internet Library.
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------------------------------
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From: Stanton McCandlish <mech@EFF.ORG>
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Subject: File 2--Cantwell & Markey bills, GAO report, etc. online at EFF
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Date: Tue, 7 Dec 1993 17:36:43 -0500 (EST)
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Maria Cantwell's bill, which would reduce ITAR export restrictions on
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cryptography, is online at EFF's ftp site:
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ftp.eff.org, %ftp/pub/eff/legislation/cantwell.bill
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(AKA .../legislation/hr3627)
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Also recently added to the archives:
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The Markey bill, which deals with the coming "data superhighway" or
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"national information infrastructure", and which incorporates much of
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EFF's Open Platform proposal:
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%ftp/pub/eff/legislation/markey.bill (AKA .../legislation/hr3636)
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The Cyberpoet's Guide to Virtual Culture, much like the Big Dummy's Guide
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to the Internet, but a more advanced and specific compendium of net.info.
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Highly recommended:
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%ftp/pub/eff/papers/cyber/cyberpoet.gvc
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The govt. General Accounting Office's report on communications privacy, a
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must see! Criticizes NSA involvement in crafting national crypto-policy,
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and makes many other important points:
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%ftp/pub/eff/crypto-policy/osi-94-2.gao
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------------------------------
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Date: Tue, 7 Dec 1993 17:17:50 -0500 (EST)
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From: Stanton McCandlish <mech@EFF.ORG>
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Subject: File 3--ANNOUNCEMENT: DPSWG Crypto-Policy Statement to White House
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NOTICE: This is the letter from the Digital Privacy and Security
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Working Group sent to the White House 12/06/93, urging the
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Administration to lift export controls on DES, RSA and other mass
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market encryption without requiring legislation.
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Some erroneous press reports have said the DPSWG (see letter
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signatories) were making a Clipper/Skipjack "deal". This is not true.
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The letter makes it clear that Clipper as originally proposed is not
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viable, and that in any form it is to be implemented only if it's use
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is completely voluntary and ONLY if current restrictions on mass
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market encryption software are removed, so that the right to choose
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one's own methods of privacy and security is retained, and American
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businesses can effectively and openly compete in the expanding
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international market for encryption products.
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For more details please see the third paragraph of the letter, below.
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+----------------------------------------------
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DIGITAL PRIVACY AND SECURITY WORKING GROUP
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1001 G Street, NW
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Suite 950 East
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Washington, DC 20001
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Jerry Berman 202/347-5400
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Leah Gurowitz 202/393-1010
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December 6, 1993
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The President
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The White House
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Washington, DC 20500
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|
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Dear Mr. President:
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|
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On April 16, 1993, you initiated a broad industry/government
|
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review of privacy and cryptography policies at the same time that the
|
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Administration unveiled its Clipper Chip proposal. The Digital
|
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Privacy and Security Working Group -- a coalition of over 50
|
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communications and computer companies and associations, and consumer
|
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and privacy advocates --has been working with members of your
|
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Administration to develop policies which will reflect the realities of
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the digital information age, the need to provide individuals at work
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and home with information security and privacy, and the importance of
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preserving American competitiveness.
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The Digital Privacy and Security Working Group is committed to
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the proposition that computer users worldwide should be able to choose
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their encryption programs and products, and that American programs and
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products should be allowed to compete in the world marketplace. In
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our discussions with Administration officials, we have expressed the
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Coalition's tentative acceptance of the Clipper Chip's encryption
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scheme (as announced on April 16, 1993), but only if it is available
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as a voluntary alternative to widely-available, commercially-accepted,
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encryption programs and products.
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Thus, we applaud repeated statements by Administration
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officials that there is no intent to make the Clipper Chip mandatory.
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One key indication of whether the choice of encryption regimes will be
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truly voluntary, however, is the ability of American companies to
|
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export computer programs and products employing other strong
|
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encryption algorithms (e.g. DES and RC2/RC4 at comparable strengths)
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demanded by customers worldwide. In this regard, we commend to your
|
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attention legislation introduced by Rep. Maria Cantwell (H.R. 3627)
|
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that would liberalize existing export controls on software with
|
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encryption capabilities. Of course, such legislation would not be
|
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|
necessary if the Administration acts to accomplish such export control
|
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|
liberalization on its own. As part of your on-going encryption review
|
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and decision-making, we strongly urge you to do so.
|
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|
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As your Administration concludes its review of this issue,
|
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representatives of the Digital Privacy and Security Working Group
|
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remain available to meet with Administration officials at any time.
|
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Sincerely,
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American Civil Liberties Union IBM
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Apple Computer, Inc. Information Industry Association
|
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|
|||
|
Business Software Alliance Information Technology Association of
|
|||
|
America
|
|||
|
Committee on Communications and
|
|||
|
Information Policy, IEEE-USA Iris Associates, Inc.
|
|||
|
|
|||
|
Computer and Business Equipment Lotus Development Corporation
|
|||
|
Manufacturers Association
|
|||
|
Microsoft Corporation
|
|||
|
Crest Industries, Inc.
|
|||
|
Oracle Corporation
|
|||
|
Digital Equipment Corporation
|
|||
|
Prodigy Services Company
|
|||
|
EDUCOM
|
|||
|
Software Publishers Association
|
|||
|
Electronic Frontier Foundation
|
|||
|
Sun Microsystems, Inc.
|
|||
|
Electronic Messaging Association
|
|||
|
Telecommunications Industry Association
|
|||
|
GKI Cryptek Division
|
|||
|
Trusted Information Systems
|
|||
|
Hewlett-Packard Company
|
|||
|
|
|||
|
|
|||
|
|
|||
|
|
|||
|
cc: John Podesta, Office of the President
|
|||
|
George Tenet, National Security Council
|
|||
|
Mike Nelson, Office of Science and Technology Policy
|
|||
|
Ray Kammer, National Institute of Standards and Technology
|
|||
|
Steve Aoki, National Security Council
|
|||
|
Geoff Greiveldinger, Department of Justice
|
|||
|
|
|||
|
|
|||
|
+---------------------------------------------------
|
|||
|
|
|||
|
This document and others on related topics are archived at ftp.eff.org,
|
|||
|
%ftp/pub/eff/crypto-policy.
|
|||
|
|
|||
|
------------------------------
|
|||
|
|
|||
|
Date: Wed, 8 Dec 1993 14:46:58 -0800
|
|||
|
From: Anonymous <tk0jut2@mvs.cso.niu.edu>
|
|||
|
Subject: File 4--A Superhighway Through the Wasteland?
|
|||
|
|
|||
|
((MODERATORS' NOTE: The following op-ed letter to the New York Times
|
|||
|
has been widely circulated across the nets. It is not amenable to
|
|||
|
summary, and the importance of the issue requires intact reproduction.
|
|||
|
Thanks to the various readers who forwarded it over to us)).
|
|||
|
|
|||
|
A Superhighway Through the Wasteland?
|
|||
|
By Mitchell Kapor and Jerry Berman
|
|||
|
Source: New York Times, 24 Nov., 1993 / Op-Ed Column
|
|||
|
|
|||
|
Washington--Telecommunications and cable TV executives, seeking to
|
|||
|
allay concerns over their proposed megamergers, insist that the coming
|
|||
|
electronic superhighway will be an educational and informational tool
|
|||
|
as well as a cornucopia of interactive entertainment. Allow the
|
|||
|
marriage between entertainment and communications giants, we are told,
|
|||
|
and they will connect students with learning resources, provide a
|
|||
|
forum for political discourse, increase economic competitiveness and
|
|||
|
speed us into the multimedia information age.
|
|||
|
|
|||
|
Both broadcast and cable TV were introduced with similar fanfare. The
|
|||
|
results have been disappointing. Because of regulatory failure and the
|
|||
|
limits of the technology, they failed to be saviors of education or
|
|||
|
political life. We love the tube but recognize that it is largely a
|
|||
|
cultural wasteland.
|
|||
|
|
|||
|
For the Government to break this cycle of promise and disappointment,
|
|||
|
communications mergers should be approved or barred based on detailed,
|
|||
|
enforceable commitments that the electronic superhighway will meet
|
|||
|
public goals. The amount of electronic material the superhighway can
|
|||
|
carry is dizzying compared to the relatively narrow range of broadcast
|
|||
|
TV and the limited number of cable channels. Properly constructed and
|
|||
|
regulated, it could be open to all who wish to speak, publish and
|
|||
|
communicate.
|
|||
|
|
|||
|
None of the interactive services will be possible, however, if we have
|
|||
|
an eight-lane data superhighway rushing into every home and only a
|
|||
|
narrow footpath coming back out. Instead of settling for a multimedia
|
|||
|
version of the same entertainment that is increasingly dissatisfying
|
|||
|
on today's TV, we need a superhighway that encourages the production
|
|||
|
and distribution of a broader, more diverse range of programming.
|
|||
|
|
|||
|
The superhighway should be required to provide so-called open platform
|
|||
|
services. In today's channel-based cable TV system, program producers
|
|||
|
must negotiate for channel space with cable companies around the
|
|||
|
country. In an open platform network, we would avoid that bottleneck.
|
|||
|
Every person would have access to the entire superhighway, so
|
|||
|
programmers could distribute information directly to consumers.
|
|||
|
|
|||
|
Consumers would become producers: individuals and small organizations
|
|||
|
could create and distribute programs to anyone on the highway who
|
|||
|
wants them. Open platform services will spur diversity in the
|
|||
|
electronic media, just as low production and distribution costs make
|
|||
|
possible a wide variety of newspapers and magazines.
|
|||
|
|
|||
|
To prevent abuses by media giants that because of recent Federal court
|
|||
|
decisions will control the pipeline into the home and much of the
|
|||
|
content delivered over it, we need new laws. Like today's phone
|
|||
|
companies, the companies controlling the superhighway must be required
|
|||
|
to carry other programmers' content, just as phone companies must
|
|||
|
provide service to anyone who is willing to pay for it. We must
|
|||
|
guarantee that anyone who, say, wants to start an alternative news
|
|||
|
network or a forum for political discussion is given an outlet to do
|
|||
|
so.
|
|||
|
|
|||
|
Americans will come to depend on the superhighway even more than they
|
|||
|
need the telephone. The guarantee of universal telephone service must
|
|||
|
be expanded to include universal access to the superhighway. Although
|
|||
|
market forces will help keep the new technology affordable, we need
|
|||
|
laws to protect consumers when competition fails.
|
|||
|
|
|||
|
And because several companies will operate the highway, each must be
|
|||
|
required to interconnect with the others. Likewise, the new computers
|
|||
|
that will give us access to the superhighway should be built according
|
|||
|
to commonly accepted standards.
|
|||
|
|
|||
|
Also, even an open, competitive market will leave out organizations
|
|||
|
with limited resources such as schools and libraries. To compensate
|
|||
|
for market oversights, we must insure that money -- whether through
|
|||
|
Federal support or a tax on the companies that will control the
|
|||
|
superhighway -- is made available to these institutions. Finally,
|
|||
|
people won't use the new technology unless they feel that their
|
|||
|
privacy is protected. Technical means, such as recently developed
|
|||
|
encryption techniques, must be made available to all users. And clear
|
|||
|
legal guidelines for individual control over access to and reuse of
|
|||
|
personal information must be established. Companies that sell
|
|||
|
entertainment services will have a record of what their customers'
|
|||
|
interests are; these records must remain confidential.
|
|||
|
|
|||
|
Bell Atlantic, T.C.I., Time-Warner, U.S. West and other companies
|
|||
|
involved in proposed mergers have promised to allow the public full
|
|||
|
access to the superhighway. But they are asking policy makers to trust
|
|||
|
that, profits aside, they will use their new positions for the public
|
|||
|
good.
|
|||
|
|
|||
|
Rather than opposing mergers or blindly trusting competition to shape
|
|||
|
the data highways, Congress should make the mergers hinge on detailed
|
|||
|
commitments to provide affordable services to all Americans. Some
|
|||
|
legislators, led by Representative Ed Markey, Democrat of
|
|||
|
Massachusetts, are working to enact similar requirements; these
|
|||
|
efforts deserve support.
|
|||
|
|
|||
|
The best approach would be to amend these requirements to the
|
|||
|
Communications Act of 1934. Still the central law on open access, an
|
|||
|
updated Communications Act would codify the terms of a new social
|
|||
|
contract between the the telecommunications industry and the American
|
|||
|
people.
|
|||
|
|
|||
|
Mitchell Kapor is chairman of the Electronic Frontier Foundation, a
|
|||
|
nonprofit group that promotes civil liberties in digital media. He was
|
|||
|
a founder of the Lotus Development Corporation, from which he resigned
|
|||
|
in 1986. Jerry Berman is executive director of the foundation.
|
|||
|
|
|||
|
------------------------------
|
|||
|
|
|||
|
Date: Sat, 27 Nov 1993 13:55:06 -0800
|
|||
|
From: Matt Binder <binder@WELL.SF.CA.US>
|
|||
|
Subject: File 5--Health Privacy Radio Program
|
|||
|
|
|||
|
((MODERATORS' NOTE: A few months ago, Matt Binder solicited
|
|||
|
information from a number of people on computer privacy for a segment
|
|||
|
on privacy in the health industry. At the time, concerns were raised
|
|||
|
that it might be another cyber-scare drama, but those familiar with
|
|||
|
Matt's local (Bay Area, Calif.) reputation allayed suspicions. His
|
|||
|
story justified their opinion, and we reprint it below)).
|
|||
|
|
|||
|
Working on the story was a real education for me, (getting to meet
|
|||
|
all kinds of interesting people is one of the main reasons why I'm
|
|||
|
a reporter) and I had a few good coincidences that added some
|
|||
|
"atmosphere" to the piece. I've included the entire script below,
|
|||
|
I hope I'm not being presumptuous.
|
|||
|
|
|||
|
The show in which my 8.5 minute piece aired is called "The
|
|||
|
Communications Revolution, produced by the Telecommunications Radio
|
|||
|
Project, which is headquartered at KPFA-FM in Berkeley. The
|
|||
|
project is funded by the California Public Utilities Commission,
|
|||
|
through the Telecommunications Education Trust (TET), which is
|
|||
|
basically money that was overpaid to Pac Bell by its customers.
|
|||
|
Other TET grantees are Gregg McVicar's "Privacy Project", and Beth
|
|||
|
Given's "Privacy Rights Clearinghouse" in San Diego. Our project
|
|||
|
is a series of 13 one hour, live, satellite- linked panel
|
|||
|
discussion and call-in shows that air on about thirty stations
|
|||
|
around the country (but especially in California).
|
|||
|
|
|||
|
show: HEALTH PRIVACY Matt Binder 11/12/93 draft FINAL
|
|||
|
|
|||
|
****************************************************************
|
|||
|
*** cut 1 *** dramatic reading of Hippocratic Oath (Ed Markman)
|
|||
|
in: "I swear by Apollo Physician, by Asclepius, by Health, and
|
|||
|
by all the gods and goddesses that I will carry out this oath:
|
|||
|
into whatsoever houses I enter, I will enter to help the sick,
|
|||
|
and whatsoever I shall see or hear in the course of my
|
|||
|
profession, if it be what should not be published abroad, I will
|
|||
|
never divulge, holding such things to be holy secrets...."
|
|||
|
(then fade)
|
|||
|
****************************************************************
|
|||
|
|
|||
|
SINCE THE TIME OF ANCIENT GREECE, DOCTORS HAVE UNDERSTOOD THE
|
|||
|
SENSITIVE NATURE OF THEIR PROFESSION, AND HAVE RECITED THIS, THE
|
|||
|
HIPPOCRATIC OATH, AS A PROMISE OF CONFIDENTIALITY. UNTIL
|
|||
|
RECENTLY PHYSICIANS HAVE KEPT THE SECRETS OF THEIR PATIENTS IN
|
|||
|
THEIR HEADS, OR ON PIECES OF PAPER IN A FILE. AND THEY'VE BEEN
|
|||
|
THE GATEKEEPERS FOR OTHERS WANTING TO SEE THIS EXTREMELY PRIVATE
|
|||
|
INFORMATION. BUT NOW, FOR SOME VERY GOOD REASONS, THAT'S ALL
|
|||
|
BEGINNING TO CHANGE.
|
|||
|
|
|||
|
+----------------------------------------------------------------
|
|||
|
+--- ambience 1 --- dialysis machine (2:00)
|
|||
|
+----------------------------------------------------------------
|
|||
|
+----------------------------------------------------------------
|
|||
|
+--- ambience 2 --- ventilator (2:00)
|
|||
|
+----------------------------------------------------------------
|
|||
|
+----------------------------------------------------------------
|
|||
|
+--- ambience 3 --- Dr. Ting talking to patient (1:30)
|
|||
|
(3 possible starting points)
|
|||
|
+----------------------------------------------------------------
|
|||
|
|
|||
|
AT THE DIALYSIS UNIT AT EL CAMINO HOSPITAL IN MOUNTAINVIEW
|
|||
|
CALIFORNIA, DOCTOR GEORGE TING USES A COMPUTER TO KEEP RECORDS,
|
|||
|
ORDER TESTS AND PRESCRIBE DRUGS FOR HIS PATIENTS. HE SAYS THE
|
|||
|
COMPUTER SAVES HIM HOURS EACH WEEK, AND CAN EVEN SAVE LIVES...
|
|||
|
|
|||
|
****************************************************************
|
|||
|
*** cut 2 *** Dr. Ting :15
|
|||
|
in: "For instance if you're ordering a medication on a patient,
|
|||
|
it automatically gives you the most common prescribing doses and
|
|||
|
frequency. It does make it less likely that you're gonna make
|
|||
|
some major mistake, prescribing ten times the usual amount."
|
|||
|
(then fade)
|
|||
|
****************************************************************
|
|||
|
|
|||
|
+----------------------------------------------------------------
|
|||
|
+--- ambience 4 --- Nurse Holt working at computer (1:10)
|
|||
|
+----------------------------------------------------------------
|
|||
|
|
|||
|
+----------------------------------------------------------------
|
|||
|
+--- ambience 5 --- computer printer (1:05)
|
|||
|
+----------------------------------------------------------------
|
|||
|
|
|||
|
NURSE JUDY HOLT IS AN EVEN STRONGER PROPONENT OF THE COMPUTER.
|
|||
|
WHEN NEW DOCTORS COME TO THE HOSPITAL AND RESIST USING THE
|
|||
|
COMPUTER SYSTEM, SHE AND OTHER NURSES PRESSURE THEM TO GET WITH
|
|||
|
THE PROGRAM...
|
|||
|
|
|||
|
****************************************************************
|
|||
|
*** cut 3 *** Holt :17
|
|||
|
in: "We're all anxious to help them learn how to use the
|
|||
|
computer because it saves us time, it saves the possibility of
|
|||
|
transcription errors, it saves: 'I can't read this doctor's
|
|||
|
writing, what on earth does it say,' and if three of us looked at
|
|||
|
it and can't figure it out, we've gotta call him..."
|
|||
|
(then fade)
|
|||
|
****************************************************************
|
|||
|
|
|||
|
BUT THE COMPUTERIZATION OF MEDICAL RECORDS HAS A DOWNSIDE:
|
|||
|
AMASSING HUGE DATABASES OF SENSITIVE INFORMATION COULD OPEN THE
|
|||
|
DOOR TO PRIVACY INVASIONS ON A SCALE UNIMAGINABLE WITH PAPER
|
|||
|
FILES. IT'S ALREADY HAPPENING. INSURANCE COMPANIES AND DIRECT
|
|||
|
MARKETERS, AIDED BY COMPUTERS ALL LINKED TOGETHER BY PHONE LINES
|
|||
|
ARE FINDING WAYS TO GET AHOLD OF MEDICAL DATA, AND THEY'RE
|
|||
|
SELLING AND TRADING IT ACROSS VAST NETWORKS.
|
|||
|
|
|||
|
+----------------------------------------------------------------
|
|||
|
+--- ambience 6 --- Taylor answering door on Halloween (1:00)
|
|||
|
in: "Trick or Treat!..."
|
|||
|
+----------------------------------------------------------------
|
|||
|
|
|||
|
IT'S HALLOWEEN NIGHT AT THE HOME OF MARY ROSE TAYLOR IN
|
|||
|
SPRINGFIELD MASSACHUSETTS. TAYLOR RECENTLY FOUND OUT HOW EASY IT
|
|||
|
IS TO GET TRAPPED IN ONE OF THOSE DATA WEBS. SHE APPLIED FOR
|
|||
|
HEALTH INSURANCE BUT WAS REJECTED BECAUSE OF A COMPUTER ERROR AT
|
|||
|
THE MEDICAL INFORMATION BUREAU, OR MIB, A HUGE MEDICAL DATABASE
|
|||
|
KEPT BY INSURANCE COMPANIES...
|
|||
|
|
|||
|
****************************************************************
|
|||
|
*** cut 4 *** Taylor :20
|
|||
|
in: "They had my name on a urinalysis that wasn't mine, and
|
|||
|
they refused to think that there was any kind of mistake or
|
|||
|
mixup, and I went without insurance for a year and a half, and
|
|||
|
had to literally go to my state representative, the insurance
|
|||
|
commissioner just to have it corrected."
|
|||
|
****************************************************************
|
|||
|
|
|||
|
TAYLOR TOLD MIB AND HER INSURANCE COMPANY THAT SHE'D HAD ONLY A
|
|||
|
BLOOD TEST, NOT A URINE TEST, AND THEREFORE THE ABNORMAL
|
|||
|
URINALYSIS COULDN'T POSSIBLY BE HERS. BUT THE INSURANCE COMPANY
|
|||
|
INSISTED THAT SHE GAVE A URINE SAMPLE, THAT IT SHOWED THERE WAS
|
|||
|
SOMETHING WRONG WITH HER, THOUGH THEY WOULDN'T TELL HER WHAT IT
|
|||
|
WAS...
|
|||
|
|
|||
|
****************************************************************
|
|||
|
*** cut 5 *** Taylor :14
|
|||
|
in: "At one point the risk manager had me in tears (sniff). He
|
|||
|
was very nasty, really. You know, and his words, what he said to
|
|||
|
me was that computers don't make mistakes. I said I agree, but
|
|||
|
the people that feed the computer do.
|
|||
|
****************************************************************
|
|||
|
|
|||
|
+----------------------------------------------------------------
|
|||
|
+--- ambience 5 comes up full again --- more Halloween sound
|
|||
|
(then fades out completely before next cut starts)
|
|||
|
+----------------------------------------------------------------
|
|||
|
|
|||
|
****************************************************************
|
|||
|
*** cut 6 *** Anonymous (ALTERED VOICE) :10
|
|||
|
in: "I'm paying fifteen thousand a year for disability,
|
|||
|
personal disability and medical insurance, and that seems like a
|
|||
|
whole heck of a lot of money..." (then fade)
|
|||
|
****************************************************************
|
|||
|
|
|||
|
ANOTHER VICTIM OF A MEDICAL INFORMATION BUREAU ERROR IS THIS
|
|||
|
DOCTOR FROM SOUTHERN CALIFORNIA WHO WANTS TO REMAIN ANONYMOUS.
|
|||
|
WHEN SHE ASKED HER INSURANCE COMPANY WHY HER RATES WERE SO HIGH,
|
|||
|
THEY TOLD HER THAT HER MIB FILE SHOWED THAT SHE HAD ALZHEIMER'S
|
|||
|
DISEASE AND A HEART CONDITION...
|
|||
|
|
|||
|
****************************************************************
|
|||
|
*** cut 7 *** Anonymous (ALTERED VOICE) :23
|
|||
|
in: "Here I am a physician who works sixteen hours a day, who's
|
|||
|
never been in the hospital has Alzheimer's disease and a heart
|
|||
|
attack!? That doesn't make sense. I don't think computers and
|
|||
|
the people who put information into the computer are advanced
|
|||
|
enough to have such control over our lives."
|
|||
|
****************************************************************
|
|||
|
|
|||
|
****************************************************************
|
|||
|
*** cut 8 *** Binder stand-up at MIB :24
|
|||
|
in: "I'm now standing outside the entrance to MIB Incorporated
|
|||
|
in Westwood Massachusetts. I've been trying for over two months
|
|||
|
to get an interview with the president of the company, Neil Day.
|
|||
|
He says he doesn't have the time, and no one else can speak for
|
|||
|
the company. But he did admit during a telephone conversation we
|
|||
|
had that four percent of the 16 million computerized medical
|
|||
|
records in this building do have errors in them."
|
|||
|
****************************************************************
|
|||
|
|
|||
|
****************************************************************
|
|||
|
*** cut 9 *** Smith :10
|
|||
|
in: "I don't think MIB really needs the good will of consumers,
|
|||
|
as does a retail store, and in many ways the less known about MIB
|
|||
|
the better perhaps for insurance companies."
|
|||
|
****************************************************************
|
|||
|
|
|||
|
ROBERT ELLIS SMITH IS THE EDITOR OF PRIVACY JOURNAL IN PROVIDENCE
|
|||
|
RHODE ISLAND...
|
|||
|
|
|||
|
****************************************************************
|
|||
|
*** cut 10 *** Smith :23
|
|||
|
in: "The ancient Greeks knew as others did that for medical
|
|||
|
care to work properly, you have to be totally candid to your
|
|||
|
doctor. But now instead of a one on one relationship there is a
|
|||
|
triangle among the provider, your insurance company and your
|
|||
|
employer, and medical information about us flows throughout that
|
|||
|
triangle without our participation. And that's the crisis we're
|
|||
|
in right now."
|
|||
|
****************************************************************
|
|||
|
|
|||
|
AFTER THE INSURERS AND EMPLOYERS, IT'S PHARMACEUTICAL COMPANIES
|
|||
|
AND DIRECT MARKETERS THAT ARE THE MOST AVID COMPILERS OF MEDICAL
|
|||
|
INFORMATION. SOME OF THESE COMPANIES HAVE TOLL-FREE TELEPHONE
|
|||
|
NUMBERS YOU CAN CALL TO GET FREE SAMPLES OF THEIR PRODUCTS. WHAT
|
|||
|
THEY DON'T TELL YOU WHEN YOU CALL IS THAT YOUR PHONE NUMBER AND
|
|||
|
OFTEN YOUR NAME AND ADDRESS AUTOMATICALLY POPS UP ON THEIR
|
|||
|
COMPUTER SCREENS, AND YOUR PERSONAL PROBLEM, WHETHER IT BE
|
|||
|
ALLERGIES OR HEMORRHOIDS GOES RIGHT INTO THEIR DATABASE. AGAIN
|
|||
|
THE COMPANIES THAT RUN THESE DATABASES REFUSED TO TALK ABOUT
|
|||
|
THEM.
|
|||
|
|
|||
|
+-----------------------------------------------------------------
|
|||
|
+--- ambience 6 --- Apter talking on phone
|
|||
|
+----------------------------------------------------------------
|
|||
|
|
|||
|
ONE MAN WHO'S NOT SHY AT ALL ABOUT HIS DATABASE SNOOPING IS JOE
|
|||
|
APTER, PRESIDENT OF TELEPHONIC-INFO INCORPORATED OF SAINT
|
|||
|
PETERSBURG FLORIDA. HIS COMPANY ACTUALLY HAS A PRICE LIST OF
|
|||
|
INFORMATION YOU CAN OBTAIN: $49 FOR SOMEONE'S SOCIAL SECURITY
|
|||
|
NUMBER; $299 WILL GET YOU SOMETHING CALLED A "MEDICAL PROFILE"
|
|||
|
THAT APTER WOULDN'T ELABORATE ON, BUT WHICH HE SAYS COMES FROM
|
|||
|
LEGAL SOURCES...
|
|||
|
|
|||
|
****************************************************************
|
|||
|
*** cut 11 *** Apter :24
|
|||
|
in: "There are people out there that are providing medical
|
|||
|
records on an illegal basis. And the method they would use to
|
|||
|
obtain that would be a pretext into a doctor, and they'd have to
|
|||
|
know the doctor, or a pretext in the insurance company to get
|
|||
|
that information. We don't do that.
|
|||
|
|
|||
|
or: *** alternate cut 11 *** Apter :24
|
|||
|
in: "You and I are leaving threads as we go around, and we find
|
|||
|
those threads and we weave them together to get a picture. There
|
|||
|
are people out there that are providing medical records on an
|
|||
|
illegal basis. We don't do that."
|
|||
|
****************************************************************
|
|||
|
|
|||
|
****************************************************************
|
|||
|
*** cut 12 *** Hippocratic oath
|
|||
|
(fades in under last cut, up full for a couple of seconds, then
|
|||
|
under next cut, then up again after next cut.)
|
|||
|
****************************************************************
|
|||
|
|
|||
|
****************************************************************
|
|||
|
*** cut 13 *** Smith :22
|
|||
|
in: "I think the answer is for patients to insist that doctors
|
|||
|
go back to that ancient ethical standard, and insist that they
|
|||
|
not disclose information about them without their informed
|
|||
|
consent totally. The concept of informed consent about the
|
|||
|
release of medical information seems to have gotten lost in the
|
|||
|
modern age."
|
|||
|
****************************************************************
|
|||
|
|
|||
|
(Hippocratic Oath comes up full again, then down briefly for soc
|
|||
|
out)
|
|||
|
|
|||
|
I'M MATT BINDER FOR THE COMMUNICATIONS REVOLUTION.
|
|||
|
|
|||
|
------------------------------
|
|||
|
|
|||
|
Date: Wed, 8 Dec 1993 16:15:33 EST
|
|||
|
From: CuD Moderators <cudigest@mindvox.phantom.com>
|
|||
|
Subject: File 6--Apple "Accepts" Texas Bigotry
|
|||
|
|
|||
|
Last week, the Williamson County (Texas) Commissioners denied Apple
|
|||
|
Computer, Inc., tax incentives for building a new facility. The
|
|||
|
reason, the commissioners explained, was their opposition to Apple's
|
|||
|
policy of extending health benefits to the partners of gay and
|
|||
|
unmarried couples. The logic, according to the commissioners, was
|
|||
|
that a county subsidy would amount to an endorsement of an "immoral"
|
|||
|
lifestyle. Such bigotry is intolerable as we move into the 21st
|
|||
|
century, and we are saddened to see it endorsed by the Texas
|
|||
|
Republican Party, as reported in the first story below.
|
|||
|
|
|||
|
Excerpts from the second story indicated a face-saving "compromise" by
|
|||
|
the commissioners. Apple's acceptance of the compromise is, we feel,
|
|||
|
inappropriate. The commissioners (and the Texas Republican Party) have
|
|||
|
made it clear that gays and others of whom they disapprove are
|
|||
|
unwelcome. We question whether such a climate is appropriate for
|
|||
|
Apple, considered by most to be a principled and progressive
|
|||
|
corporation. If it is clear that the community's homophobic attitudes
|
|||
|
are translated into policies and action, it would seem that at least
|
|||
|
some of Apple's employees will find themselves in a hostile
|
|||
|
environment. Perhaps Apple should reconsider its acceptance
|
|||
|
lest its employees find themselves in the back of the bus.
|
|||
|
|
|||
|
+++++++++++++
|
|||
|
|
|||
|
"Texas GOP Praises Vote Against Gays"
|
|||
|
Source: Chicago Tribune, 5 December, 1993 (p. A-8)
|
|||
|
|
|||
|
Associated Press
|
|||
|
|
|||
|
AUSTIN, Texas--The Texas Republican Party is praising three county
|
|||
|
commissioners who voted against tax abatements for Apple Computer Inc.
|
|||
|
because the company grants health benefits to partners of gay and
|
|||
|
lesbian employees.
|
|||
|
|
|||
|
The state Republican Executive Committee commended the three
|
|||
|
commissioners Saturday "for having the courage to say taxpayers should
|
|||
|
not be forced to subsidize behavior that they believe to be immoral and
|
|||
|
illegal."
|
|||
|
|
|||
|
In a 3-2 vote Tuesday, the Williamson County Commission denied
|
|||
|
$750,000 in tax abatements that Apple had sought for building an $80
|
|||
|
million sales support center that would employ 700 people.
|
|||
|
|
|||
|
The three commissioners said they opposed Apple's benefits policy.
|
|||
|
|
|||
|
Apple later said it was committed to the policy and had been swamped
|
|||
|
by offers to build in other communities.
|
|||
|
|
|||
|
====================================================================
|
|||
|
|
|||
|
"Anti-gay Texas Board Finds way to Welcome Apple and its Riches"
|
|||
|
Source: Chicago Tribune, 8 December, I993 (p. I-6)
|
|||
|
|
|||
|
Associated Press
|
|||
|
|
|||
|
GEORGETOWN, Texas--Gary rights leaders called it a triumph over
|
|||
|
prejudice, and others said it was proof that cold cash prevails.
|
|||
|
Whatever the reason, Williamson County compromised Tuesday on its
|
|||
|
objection to Apple Computer Inc.'s benefits policy or unmarried
|
|||
|
employees.
|
|||
|
|
|||
|
One week after rejecting a proposed tax break for Apple, county
|
|||
|
commissioners voted 3-2 Tuesday for an alluring financial
|
|||
|
alternative. Apple said it will accept.
|
|||
|
|
|||
|
((The story continues that Apple's new customer support center would
|
|||
|
bring 1,700 jobs to the area over the next 7 years, an that the impact
|
|||
|
of construction and other indirect sources would add another 4,000 new
|
|||
|
jobs. The story summarizes the information published in the Sunday
|
|||
|
Tribune story)).
|
|||
|
|
|||
|
The new incentive plan will reimburse taxes paid by Apple in
|
|||
|
exchange for giving the county the right of way for roads and
|
|||
|
other improvements on the Apple site.
|
|||
|
|
|||
|
"Jobs prevailed over prejudice," said David Smith of the National
|
|||
|
Gay and Lesbian Task Force.
|
|||
|
|
|||
|
Not according to some conservatives. "Once again, we see an
|
|||
|
entity of government that has sold out its moral beliefs for
|
|||
|
economic growth," said Jeff Fisher, state director of the
|
|||
|
American Family Association.
|
|||
|
|
|||
|
The story concludes by noting that Commissioner David Hays switched
|
|||
|
his vote, even though opposed to the policy. He did so because the
|
|||
|
compromise does not tacitly support a gay benefits policy as he felt
|
|||
|
the previous one did.
|
|||
|
|
|||
|
------------------------------
|
|||
|
|
|||
|
End of Computer Underground Digest #5.92
|
|||
|
************************************
|
|||
|
|
|||
|
|
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|
|