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763 lines
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Computer underground Digest Sun Oct 13, 1996 Volume 8 : Issue 73
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ISSN 1004-042X
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Editor: Jim Thomas (cudigest@sun.soci.niu.edu)
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News Editor: Gordon Meyer (gmeyer@sun.soci.niu.edu)
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Archivist: Brendan Kehoe
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Shadow Master: Stanton McCandlish
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Field Agent Extraordinaire: David Smith
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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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Cu Digest Homepage: http://www.soci.niu.edu/~cudigest
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CONTENTS, #8.73 (Sun, Oct 13, 1996)
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File 1--Selling OverSeas Encryption (fwd)
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File 2--AA BBS (Robert Thomas) Appeal Turned Away
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File 3--A cypherpunk responds to Time
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File 4--Re: White House Clipper 3.1.1 plan unveiled
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File 5--Private censorship vs. free speech, from 10/96 IU
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File 6--Scam spam?
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File 7--Cu Digest Header Info (unchanged since 7 Apr, 1996)
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CuD ADMINISTRATIVE, EDITORIAL, AND SUBSCRIPTION INFORMATION ApPEARS IN
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THE CONCLUDING FILE AT THE END OF EACH ISSUE.
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---------------------------------------------------------------------
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Date: Wed, 2 Oct 1996 22:19:59 -0400 (EDT)
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From: Noah <noah@enabled.com>
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Subject: File 1--Selling OverSeas Encryption (fwd)
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From -Noah
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---------- Forwarded message ----------
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Date--Wed, 2 Oct 1996 12:38:47 -0400 (EDT)
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From--Anthony Williams <alby@UU.NET>
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Administration to ease export of encryption software
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October 1, 1996
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Posted at: 3:15 p.m. EDT
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WASHINGTON (AP) -- The Clinton administration intends to break a
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deadlock between law enforcement and the U.S. computer industry with a
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plan announced Tuesday to make it easier for companies to sell powerful
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data-scrambling software abroad.
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Companies could export such technology as long as they have a system in
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place that would allow U.S. law enforcement officials -- after getting
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a court order -- to break the code in order to intercept
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communications.
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President Clinton will sign an executive order instituting the plan in
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the middle of October, said Greg Simon, Vice President Al Gore's
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domestic policy adviser.
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The plan "will make it easier for Americans to use stronger encryption
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products -- whether at home or aboard -- to protect their privacy,
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intellectual property and other valuable information," Gore said in a
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statement.
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"It will support the growth of electronic commerce, increase the
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security of the global information and sustain the economic
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competitiveness of U.S. encryption product manufacturers," he added.
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The plan changes U.S. export policy and affirms current U.S. import
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policy, which places no restrictions on the sale of encryption devices
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within the U.S.
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The plan mirrors a proposal by the administration this summer. That
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proposal, considered more acceptable to industry, has been criticized
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by a number of computer trade groups and computer user groups.
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At issue is sophisticated software that allows users to scramble
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telephone and computer messages that move across computer networks and
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the Internet. Users, particularly businesses, want to keep their data
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private while law enforcement officials argue they need the power to
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unscramble the messages to investigate crime.
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"Law enforcement has been arguing that this is critical to their
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continued operations. But virtually everyone else, from industry to the
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civil liberties community, has opposed these proposals," said Marc
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Rotenberg, director of the Electronic Privacy Information Center.
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While the technology is sold domestically, the U.S. State Department
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has blocked efforts to export it, although foreign firms sell their
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software around the world.
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Under the most recent White House plan, U.S. companies could export the
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software that scrambles -- or encrypts -- data using codes that are up
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to 56 bits long, Rotenberg said. As it stands, codes may only be 40
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bits long in exported software. Bits are the electronic pulses that
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make up the data being transmitted.
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In return, U.S. companies would have to design a system that would
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allow intelligence officials to get the code if they obtain a court
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warrant. The plan also would transfer authority over encryption export
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from the State Department to the Commerce Department, but it would give
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the FBI power to review export plans.
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This plan replaces the "clipper chip" the Clinton administration
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proposed in 1994. That would have allowed computer or telephone
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communications to be scrambled while giving the government a set of
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decoding keys to allow for court-approved electronic surveillance.
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The latest plan is different than the clipper chip because it would
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make it more difficult for government to unscramble messages,
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government officials say. The keys could be held by third parties and
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their components would be spread across several companies.
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The administration believes it will take some time for the United
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States to persuade other countries to adopt the same systems, allowing
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governments to work together.
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------------------------------
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Date: Mon, 7 Oct 1996 19:10:31 -0700
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From: "baby-X @ cyberPOLIS" <baby-x@cyberpolis.org
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Subject: File 2--AA BBS (Robert Thomas) Appeal Turned Away
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http://www.news.com/News/Item/0,4,4200,00.html
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Porn appeal rejected
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By Reuters
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October 7, 1996, 5 p.m. PT
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The Supreme Court today opened its new session by rejecting an appeal
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by a California couple involving the first conviction under federal
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law for transmitting obscene materials by computer.
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Robert and Carleen Thomas of Milpitas, California, were convicted in
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1994 in Memphis for sending illegal, sexually explicit files from the
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Amateur Action Computer Bulletin Board System they operated from their
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home for several years. The system included email, chat lines, public
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messages, and about 14,000 files that members could transfer and
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download to their own computers and printers.
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..........
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Thomas received a 37-month prison term, while his wife got 30 months.
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The government also seized their computer system.
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The couple's attorneys asked the Supreme Court to hear the case. "This
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prosecution represents the first attempt of the federal government to
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apply content-based regulation to the emerging computer-based
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technologies," they said.
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The attorneys argued that the federal obscenity law, as previously
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written, did not apply to the files, which were transmitted by
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computer and thus were not tangible objects subject to the law. They
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acknowledged that Congress, in passing the Telecommunications Act this
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year, amended the law to specifically include computer transmissions
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of obscene material.
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The Supreme Court turned down the appeal without comment.
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Story Copyright =A9 1996 Reuters Limited. All rights reserved.
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------------------------------
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Date: Thu, 10 Oct 1996 09:17:21 -0400
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From: Jim Ray <liberty@gate.net>
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Subject: File 3--A cypherpunk responds to Time
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(Fwd from: fight-censorship@vorlon.mit.edu
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Recently Time, which from what I've read had a role in founding this list,
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printed an article about the cypherpunks. I had some comments, which I have
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inserted. You may forward this [unmodified, please & within the bounds of
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good netiquet] to other appropriate fora if you like. I have not sent it to
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cypherpunks because it is obvious to them, but this article cried out for
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rebuttal, otherwise, combined with cypherpunk's somewhat perjorative suffix,
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it could produce unwarranted post election nastiness.
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JMR
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~~~~~~~~~~~~~~
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Time, October 14, 1996, p. 78.
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The Netly News
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Joshua Quittner
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Big Brother vs. Cypherpunks
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Well, at least they got the headline right.
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For more than three years, the White House and the U.S.
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computer industry have sat locked, eyeball to eyeball, in
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a seemingly intractable face-off over who will control
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the secret codes that protect our most sensitive
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communications. The government claimed to be working to
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protect us from nuke-carrying terrorists; the computer
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industry said it was championing the individual's right
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to privacy. Neither was telling the whole truth.
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[As if Time (!) were somehow an arbiter of the truth.]
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Last week, in a concession to Silicon Valley, the
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Administration blinked -- or perhaps it merely winked.
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Fittingly, in the arcane world of code making and
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breaking, it's difficult to ferret out who's doing what
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to whom. And why.
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Translation: "It requires journalism." Someone else commented: "Oh my, you
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mean different sides of a controversial topic are saying different things?
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What's a po reporter to do?"
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A few things are incontrovertible. Vice President Al Gore
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announced the new encryption initiative at midweek, timed
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to coincide with support from an alliance of high-tech
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businesses that included such hardware heavyweights as
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IBM, Sun Microsystems and Hewlett-Packard. However, most
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of the big software makers -- and every civil liberties
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group -- still opposed it.
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Gosh, what a surprise. Some individuals out there don't trust the government
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with an ability to decrypt our private communications in almost-realtime.
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Why would people _ever_ feel that way?
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At the core of the initiative is a new code-making scheme
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known as "key recovery." Here at last, the government and
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its supporters claimed, was a way to get around the more
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noxious aspects of the reviled Clipper chip, the
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Administration's first doomed attempt to balance the
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industry's call for stronger encryption with law
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enforcement's need to surveil our shadier citizens.
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According to Vice President Gore's announcement, this "key recovery" was an
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export-only proposal, and supposedly U.S. citizens are still to be free to
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use any encryption algorithm they wish, just as we are now. Therefore, I
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fail to see what, if anything, it could have to do with the U.S. surveiling
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the communications of "our shadier citizens." Unless, of course, the
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government was lying about their Key Recovery Assurance Program [K.R.A.P.]
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which they are pushing to replace their now-discredited Newspeak of "key
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'escrow'" GAK [Government Access to Keys] program.
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I can see it now: "I'm from the government, and I'm here to help you recover
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your key." HINT: If you want to be able to recover your key after your hard
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drive crashes, copy it onto a floppy disk and write-protect it.
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Clipper, as proposed, would use a powerful encryption
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[Wrong, unless "Powerful" now means "compromised long-ago by Matt Blaze."]
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formula to encode communications sent over telephones and
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computer networks but would require that a "back door"
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key be built into each chip that would give police --
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where warranted, of course -- a means to eavesdrop.
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Oh, "of course." We all know how much cops and judges respect the warrant
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process and the 4th amendment these days. Drugwar Uber Alles, after all.
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Nobody -- especially foreign companies -- liked the idea
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of the U.S. and its agents holding those keys. The new
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key-recovery proposal tries to get around that objection
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by chopping the keys into several pieces and storing them
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with "trusted agents" of the user's choosing. Some nice
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Swiss banks, perhaps.
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Time knows that "nice Swiss banks" are unlikely to get a license to be the
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trusted agents of users' choosing. Time also knows that few terrorists --
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dumb as terrorists often are -- will actually be stupid enough to leave a
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copy of their crypto-key with the FBI. What Time knows and what Time will
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admit are, of course, two entirely different things.
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But the Administration's plan still falls short of what
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civil libertarians, and especially a vocal group of
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cryptoextremists who call themselves cypherpunks, say
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I suppose it is a distressing sign of the absolute pervasiveness of
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media-bias that I am now beginning to get used to various whining liars
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calling me an "extremist." <sigh> It used to upset me, but now I call them
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"whining liars" and they call me an extremist.
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I have yet to hear an answer from the whining liars to my question: "What's
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so extreme about wanting a return to respect for the principles outlined in
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the United States Constitution?" ... I'm not holding my breath...
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they need: encryption powerful enough to give back to the
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citizenry the right to absolute privacy, which we have
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lost in the information age. According to the
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cypherpunks, the so-called 56-bit code the Administration
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has okayed for export can be cracked by the National
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Security Agency's supercomputers in a matter of hours.
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Wrong again, Josh. It may seem an awful lot like work or journalism or
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something, but perhaps next time before writing about the cypherpunks you
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might want to actually interview one or two of us. The "matter of hours" you
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refer to is almost certainly either a matter of "minutes" or "seconds"
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regarding 56-bit single DES (understandably, the NSA does not publicly
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disclose their exact capabilities with regard to cryptography).
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Are they right? It's hard to know whom to believe in this
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cloak-and-dagger debate. Civil libertarians tend to gloss
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over the fact that the world is full of bad people with
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crimes to hide.
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Nope, we constantly are made aware of this reality by folks who disagree
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with us. Cypherpunks just maintain that the world is increasingly full of
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*governments*, which also have "bad people with crimes to hide" (believe it
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or not, Josh) and therefore we don't trust governments with our secrets.
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The software industry -- which makes 48%
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of its profit overseas --
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Obvious evidence of software industry evil here, at least if you listen to
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Pat Buchanan and Ro$$ Perot. Imagine, they make overseas profits -- how
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*dastardly* of that slimy software industry.
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is clearly less concerned with
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privacy than with losing foreign sales.
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Well, arguably the individuals running those companies embracing KRAP feel
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that way, but trying to characterize an entire industry full of individuals
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as all thinking in one way says more about Time's prejudices than I ever
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could.
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And it may be no
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accident that the Administration chose to start making
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concessions the same week an influential software CEO --
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Netscape's Jim Barksdale -- excoriated Clinton's
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cryptopolicy and endorsed Bob Dole.
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56-bit GAK is not a very much of a "concession," and this is not the first
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time Netscape has made statements against the idiotic U.S. export laws. Mr.
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Barksdale may, however, be buying a pig in a poke by endorsing Mr. Dole, who
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has yet to be pinned down by the media covering him on exactly how he feels
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about GAK. His campaign statements are contradictory on the subject of
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cryptography and privacy vs "the legitimate needs of law enforcement," and
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he's going to lose the election in a landslide if the English odds are to be
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believed, but I can predict how he would behave if he won -- Yep, just like
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Clinton.
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The issue is too complex -- and too important -- for
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political gamesmanship.
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Evidently, the issue is too complex for some reporters and editors, too.
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It will never get sorted out
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until somebody starts playing it straight.
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Might I suggest that Time begin?
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-----
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Read the Netly News daily at netlynews.com on the World
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Wide Web
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[End]
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Sift through cypherpunks at toad.com -- if you can withstand the deluge.
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[Filtering software suggested.]
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Thanks to JQ.
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& thanks also to JYA :)
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JMR
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------------------------------
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Date: Wed, 9 Oct 1996 01:11:29 -0700
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From: Michael Kwun <kwun@uclink4.berkeley.edu>
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Subject: File 4--Re: White House Clipper 3.1.1 plan unveiled
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(I feel like, out of habit, that I'm required to quote part of Richard's
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email, so I'm quoting L, M and N--the conclusions--below)
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Tech wars: first of all, the police are going to need to build quite an
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outrageous battering ram to beat down, say, PGP. This is inherent in the
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asymmetric nature of multiplication/factoring technology. Absent a nicely
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fundamental discovery in mathematics (which probably will come sometime,
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but it's a tough problem), building a stronger house (ie doing more
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multiplication) is substantially simpler than building a bigger battering
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ram (ie doing more factoring). That is, PGP stacks the tech wars decidedly
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in favor of the cypherpunks.
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Those Amendments: they only protect us insofar as we are able to identify
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when they are broken. If the feds spy on groups and decide which ones to
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harass (oops, conduct further surveillance on) based on illegal seized
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information due to their ability to crack Clipper, that's often going to be
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difficult to identify. (and actually protection under the 4th Amendment is
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getting weaker with each passing year anyway--I see no reason to weaken the
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protections the 4th Amendment was intended to protect, IMHO, any further
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with Clipper and the like).
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Anonymity: The right to anonymity is fairly well enshrined in First
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Amendment jurisprudence. The Clipper system, while it may not directly
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impinge on that right in many circumstances, arguably chills it
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considerably. (That's a pretty weak argument, as is, but I think it is the
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kernal of a pretty strong argument, at least if you agree with standard
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First Amendment jurisprudence.)
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An analogy: would we be comfortable, if the technology existed, if
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mind-reading taps were surgically implanted in all people under U.S.
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jurisdiction if (1) someone with the right secret code could access a
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person's thoughts without them knowing it; and (2) a Clipper-esque escrow
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system were set up to keep the secret codes from being misused? (use of
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these taps, under the right circumstances, could provide incontrovertible
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evidence as to whether or not criminal intent existed--crucial to sucessful
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prosecution of most criminal charges.) This system could be supported, it
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seems to me, using Richard's analysis of Clipper.
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A different sort of hypothetical: consider a proposal that if the police,
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in the investigation of a possible crime, come across an encoded message
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(on paper, not electronic). They are able to show (1) probably cause the
|
||
|
the unencoded contents would lead to evidence proving D committed the
|
||
|
crime; and (2) that D can decode the message. If D refuses to decode it,
|
||
|
why not allow that to be considered evidence of D's guilt? I think the
|
||
|
policy reasons for this sort of legal doctrine are pretty much the same as
|
||
|
the ones Richard brings up.
|
||
|
|
||
|
Michael
|
||
|
|
||
|
|
||
|
At 12:45 PM -0500 10/8/96, Richard MacKinnon wrote:
|
||
|
|
||
|
>L. Tech wars. Okay, let's postpone J and K for a moment. Let's say that
|
||
|
>we have gotten to the point that we all need to build big, strong houses to
|
||
|
>protect us from each other and the police (sheesh--what kind of mess have we
|
||
|
>gotten ourselves into!!?). The police are a well-funded institution.
|
||
|
>Eventually, they will build a big-enough battering ram and you're gonna help
|
||
|
>pay for it. Maybe you'll do it because you're not closely following the
|
||
|
>morass of legislation. Maybe you'll do it because someone stole your stuff
|
||
|
>and you'll want it back. But now that the police have a big-enough
|
||
|
>battering ram, the rest of us are gonna want to build even bigger and
|
||
|
>stronger houses. It's an escalating war of technology, and frankly, I don't
|
||
|
>think we can win. In fact, I don't think we should even get into it. Let's
|
||
|
>go back to J.
|
||
|
>
|
||
|
>M (the letter formerly known as J). This distrust of the police concerns
|
||
|
>me. On this point, Mike Godwin shouted at me at the former High Times
|
||
|
>restaraunt and smart drink bar in Austin. He said that I was naive. I told
|
||
|
>him that I used to be a cop. He told me that I should know better. He
|
||
|
>pressed me to reveal if I had known any crooked cops. Sigh. I know what
|
||
|
>he's getting at. Of course, I'm concerned with bad law enforcement and bad
|
||
|
>jurisprudence. But I still value the social contract which means using
|
||
|
>police to help me protect myself from you. I simply don't have the time to
|
||
|
>protect myself from the police as well. In fact, I don't want to protect
|
||
|
>myself from the police. I don't even want to encourage that line of thinking.
|
||
|
>
|
||
|
>N. I don't think we should build police-proof houses. We should build
|
||
|
>houses which assist the police in their lawful duties. If there's a problem
|
||
|
>with police carrying out their lawful duties then we should deal with THAT
|
||
|
>problem directly. Why not use our money and resources to monitor *them*
|
||
|
>rather than build fancy toys which prevents them from monitoring us? The
|
||
|
>maintenance of a professional, dedicated, and trustworthy police force is
|
||
|
>essential to the execution of our social contract. Conceding that the
|
||
|
>police that police do not possess these characteristics and operating with
|
||
|
>that mindset is a doomed cause for our civilization. Allowing such a police
|
||
|
>force to continue is a nightmare. Crypto-tech vis a vis the police is a red
|
||
|
>herring. If the problem is letter J, then we have bigger fish to fry.
|
||
|
|
||
|
------------------------------
|
||
|
|
||
|
Date: Tue, 8 Oct 1996 18:09:29 -0500
|
||
|
From: Declan McCullagh <declan@well.com>
|
||
|
Subject: File 5--Private censorship vs. free speech, from 10/96 IU
|
||
|
|
||
|
(Fwd from: fight-censorship@vorlon.mit.edu
|
||
|
|
||
|
Solveig Bernstein from the Cato Institute and I have opposing pieces
|
||
|
on "private censorship" in the October issue of _Internet
|
||
|
Underground_ magazine, in their Flamethrower column.
|
||
|
(http://www.underground-online.com/) And, as a bit of a plug, the
|
||
|
magazine's cover story for this month is an exclusive interview with
|
||
|
John Draper of Cap'n Crunch fame -- who now is a sad and pitiful
|
||
|
figure.
|
||
|
|
||
|
-Declan
|
||
|
|
||
|
*********
|
||
|
|
||
|
INTERNET UNDERGROUND
|
||
|
October 1996
|
||
|
http://www.underground-online.com/
|
||
|
|
||
|
---
|
||
|
|
||
|
FLAMETHROWER
|
||
|
Declan McCullagh (declan@well.com)
|
||
|
|
||
|
Far from being the saviors of the Net, corporations may be the ruin of
|
||
|
cyberspace.
|
||
|
|
||
|
Let's be clear: governments have done plenty to harm the Net. By
|
||
|
passing the Communications Decency Act (CDA), the U.S. Congress
|
||
|
extended television-style censorship to the Net. Other countries are
|
||
|
close behind.
|
||
|
|
||
|
But governments aren't the worst of the cybercensors -- the CDA has
|
||
|
been declared unconstitutional and netizens are organizing
|
||
|
internationally. Private businesses pose the more sinister threat to
|
||
|
free expression online.
|
||
|
|
||
|
Take America Online (AOL), which now boasts over six million members.
|
||
|
In a move akin to the paranoid antics of a kindergarten schoolmarm,
|
||
|
AOL this summer started deleting messages posted in Spanish and
|
||
|
Portuguese since its monitors can't understand them. Undercover AOL
|
||
|
cops continue to yank accounts of mothers who talk about breast
|
||
|
feeding and mention the word "nipple." The company's gapingly broad
|
||
|
"terms of service" agreement allows it to boot anyone, anytime, for
|
||
|
any reason.
|
||
|
|
||
|
Or consider private universities. Carnegie Mellon University bans
|
||
|
sexually-explicit Usenet newsgroups -- including innocuous ones
|
||
|
devoted to Japanese anime -- and "offensive" comments posted online.
|
||
|
Cornell University forced students who offended campus feminists with
|
||
|
an email satire to plea-bargain to "voluntary" punishment. Brigham
|
||
|
Young University disciplines students for downloading porn.
|
||
|
|
||
|
Don't forget net-filtering software. While busily touting itself as
|
||
|
anti-censorship, CyberSitter quietly blocks the National Organization
|
||
|
of Women and Queer Resources Directory web sites. CyberPatrol prevents
|
||
|
teen pornhounds from investigating animal and gun rights pages -- and,
|
||
|
inexplicably, the Electronic Frontier Foundation's censorship archive.
|
||
|
NetNanny cuts off AIDS resources including the sci.med.aids and
|
||
|
clari.tw.health.aids newsgroups. SurfWatch bans domestic partner web
|
||
|
pages and Columbia University's award-winning "Health Education and
|
||
|
Wellness" site.
|
||
|
|
||
|
Now, I don't dispute that state censorship is more heinous. The
|
||
|
government has guns, police, and gallows to back up its laws. Anyone
|
||
|
caught violating the CDA gets slammed with a $250,000 fine and two
|
||
|
years in Club Fed.
|
||
|
|
||
|
But to focus exclusively on the evils of government censorship is
|
||
|
myopic. Private censorship also shrinks the marketplace of ideas, a
|
||
|
concept California recognized when it passed a law striking down
|
||
|
private speech codes at universities.
|
||
|
|
||
|
That's why considering only the "speech rights" of businesses without
|
||
|
looking at the effects the *exercise* of the rights have is bonkers.
|
||
|
It ignores the very real effects of private censorship online -- which
|
||
|
is more insidious and harder to combat. And perhaps getting worse.
|
||
|
|
||
|
PUBLIC SQUARES IN CYBERSPACE
|
||
|
|
||
|
People claim the street as theirs on two occasions: to protest and to
|
||
|
celebrate.
|
||
|
|
||
|
Throughout the history of the United States, there always have been
|
||
|
readily available public spaces where people can assemble freely. In
|
||
|
lawyerspeak, these spaces are "public forums" and aren't subject to
|
||
|
content-based censorship. The only restrictions the state may impose,
|
||
|
such as a requirement for a permit, must be unrelated to the
|
||
|
protesters' message. People can scream "U.S. out of Vietnam,"
|
||
|
"legalize child pornography," or any politically explosive message
|
||
|
they choose.
|
||
|
|
||
|
Where will the public squares exist in 21st century cyberspace?
|
||
|
|
||
|
Nowhere. Cyberspace is and likely will continue to be controlled by
|
||
|
corporations. Unlike in meatspace, there is no public forum for
|
||
|
controversial expression that offends the multinationals that jointly
|
||
|
own the Net.
|
||
|
|
||
|
Sure, it's trivial to shift your embattled web site from one Internet
|
||
|
service provider to another. Right now, at least. In Canada, Marc
|
||
|
Lemire didn't find it so easy when his "White Nationalist" site was
|
||
|
kicked off of a number of ISPs in quick succession. (The Simon
|
||
|
Wiesenthal Center has been busy firing off terse letters to Lemire's
|
||
|
ISPs -- and clamoring for government crackdowns as well.) USENET
|
||
|
flamer and outspoken homophobe Fred Cherry keeps losing email
|
||
|
accounts.
|
||
|
|
||
|
This problem will become acute if the small number of Internet
|
||
|
backbone providers like MCI and Sprint -- which number only in the
|
||
|
single digits -- buckle to public pressure from groups like the
|
||
|
Wiesenthalers and refuse to provide connections to ISPs that host
|
||
|
controversial web sites.
|
||
|
|
||
|
If that happens, netizens will find their rosy vision of the Net as
|
||
|
the birthplace of a new form of democracy overwhelmed by the sad
|
||
|
reality of a new media oligarchy aborning.
|
||
|
|
||
|
*******************
|
||
|
|
||
|
FLAMETHROWER
|
||
|
By Solveig Bernstein (sberns@cato.org)
|
||
|
|
||
|
The decision to remain silent is an act of conscience, just like the
|
||
|
decision to speak. So the view that acts of "private censorship"
|
||
|
violate rights of free speech is incoherent. If an online service
|
||
|
provider ousts a Web site that posts explicit messages about sex, in
|
||
|
violation of the terms of their service contract, or a non-profit
|
||
|
organization persuades some Internet Service Providers to refuse to
|
||
|
host "Holocaust Revisionist" web sites, these decisions do not violate
|
||
|
rights of free speech.
|
||
|
|
||
|
Indeed, such private content selection decisions are themselves acts
|
||
|
of free speech. They are just like a newspaper editor's decision not
|
||
|
to run a certain letter to the editor, or a publisher's decision not
|
||
|
to publish a certain book. The editor and publisher have created a
|
||
|
means of distributing speech. The outlet they have created is their
|
||
|
property, and they have the right to decide what to do with it. Other
|
||
|
private companies in the speech distribution business are no
|
||
|
different.
|
||
|
|
||
|
Private content selection has the superficial feel of government
|
||
|
censorship. But it's dangerous to confuse the two. To see what can
|
||
|
happen, let's accept the premise that a private company that refuses
|
||
|
to provide a forum for speech violates the would-be speaker's free
|
||
|
speech rights. This is a very serious charge. Assuming government
|
||
|
exists for some legitimate purpose, it surely exists to protect our
|
||
|
rights. If the ISP or OSP mentioned above is violating someone's
|
||
|
rights, it logically follows that the government should take action
|
||
|
against them.
|
||
|
|
||
|
First, this means that the government would become responsible for
|
||
|
overseeing the distribution of computer network content. Clearly,
|
||
|
this is not a very good idea. Second, fortunately, it's fundamentally
|
||
|
incompatible with the First Amendment. The Supreme Court recognizes
|
||
|
that "[t]he right of freedom of thought protected by the First
|
||
|
Amendment against state action includes both the right to speak freely
|
||
|
and the right to refrain from speaking at all." And the right to
|
||
|
refrain from speaking includes the right not to provide a forum for
|
||
|
other speakers (a misguided case or two to the contrary
|
||
|
notwithstanding).
|
||
|
|
||
|
Any premise that lead us towards more government control over computer
|
||
|
networks should be questioned. Where does the notion that private
|
||
|
content selection violates free speech rights come from? Often, it
|
||
|
stems from the view that we have rights to speech because "more speech
|
||
|
is good." On this view, free speech rights float out in the ether,
|
||
|
with no connection any other aspect of our world, and come into play
|
||
|
whenever we need "more speech." But free speech rights are nothing
|
||
|
like that. They're just another aspect of property rights, and only
|
||
|
extend as far as property rights. Free speech doesn't mean I have the
|
||
|
right to walk into my neighbor's house to make a speech, or write an
|
||
|
essay, however enlightened, on the wall of an office building.
|
||
|
|
||
|
Another fallacy behind the premise is the view that free speech rights
|
||
|
come into play against anyone who has a lot of power over anyone else.
|
||
|
And, the theory goes, ISPs and OSPs just have too much power. They
|
||
|
might, in some very hypothetical unlikely future, turn into
|
||
|
monopolists.
|
||
|
|
||
|
This argument also goes too far, too fast, in the wrong direction.
|
||
|
ISPs and OSPs don't have any more power over authors than the New York
|
||
|
Times, or any big publishing house. Most parents have even more power
|
||
|
over their children. These kind of power relationships are a
|
||
|
necessary and natural part of life; anyone who has something we want
|
||
|
or need will have power over us. This doesn't mean that if someone is
|
||
|
exercising that power, he or she is violating our rights. A theory of
|
||
|
rights that aims to do away with these power relationships is
|
||
|
fundamentally unrealistic; it's ultimate aim would have to be to
|
||
|
abolish reality itself. By contrast, it is both necessary and proper
|
||
|
to expect rights to provide a line of defense against the kind of
|
||
|
power uniquely exercised by government -- the power of soldiers and
|
||
|
police.
|
||
|
|
||
|
So, we might criticize private content selection decisions as
|
||
|
intolerant. We could point out that suppressing "revisionist" nonsense
|
||
|
about the Holocaust might backfire, and that the truth should be
|
||
|
brought out in open discussion. We might point out that overly
|
||
|
restrictive ISPs and OSPs will lose customers. But none of this has
|
||
|
anything to do with rights of "free speech" protected against true
|
||
|
censorship by the First Amendment.
|
||
|
|
||
|
------------------------------
|
||
|
|
||
|
Date: Wed, 2 Oct 1996 12:55:17 -0400 (EDT)
|
||
|
From: "I G (Slim) Simpson" <ssimpson@cnwl.igs.net>
|
||
|
Subject: File 6--Scam spam?
|
||
|
|
||
|
I don't know if this information is CUD material, but I thought I
|
||
|
smelled a scam and decided to send this in.
|
||
|
|
||
|
On Monday, 30 September I received some spam advertising a 'we'll
|
||
|
scan your picture for you (only US$8.95)' from CB256@aol.com. The
|
||
|
only headers were From:; Subject:; and Date:. The only contact
|
||
|
information was a snail mail address to receive your money and the
|
||
|
address of the company's web page
|
||
|
(www.jet.laker.net/fastfoto). I don't like spam so I sent a I HATE
|
||
|
SPAM message to CB256@aol.com. It got bounced; no such address!
|
||
|
|
||
|
Ho Ho, says I. I went into the web site and found the same stuff as
|
||
|
had been in the e-mail message; but no e-mail address, no phone
|
||
|
number, no fax number,
|
||
|
just the same surface mail address to send your money to.
|
||
|
|
||
|
To be kind, maybe the folks at Fastfoto of Pomano Beach, Florida,
|
||
|
are just very poor business people. Maybe they just forgot to
|
||
|
include electronic contact information. May the shortened header
|
||
|
was an attempt to save bandwidth. I didn't send any money.
|
||
|
|
||
|
------------------------------
|
||
|
|
||
|
Date: Thu, 21 Mar 1996 22:51:01 CST
|
||
|
From: CuD Moderators <cudigest@sun.soci.niu.edu>
|
||
|
Subject: File 7--Cu Digest Header Info (unchanged since 7 Apr, 1996)
|
||
|
|
||
|
Cu-Digest is a weekly electronic journal/newsletter. Subscriptions are
|
||
|
available at no cost electronically.
|
||
|
|
||
|
CuD is available as a Usenet newsgroup: comp.society.cu-digest
|
||
|
|
||
|
Or, to subscribe, send post with this in the "Subject:: line:
|
||
|
|
||
|
SUBSCRIBE CU-DIGEST
|
||
|
Send the message to: cu-digest-request@weber.ucsd.edu
|
||
|
|
||
|
DO NOT SEND SUBSCRIPTIONS TO THE MODERATORS.
|
||
|
|
||
|
The editors may be contacted by voice (815-753-0303), fax (815-753-6302)
|
||
|
or U.S. mail at: Jim Thomas, Department of Sociology, NIU, DeKalb, IL
|
||
|
60115, USA.
|
||
|
|
||
|
To UNSUB, send a one-line message: UNSUB CU-DIGEST
|
||
|
Send it to CU-DIGEST-REQUEST@WEBER.UCSD.EDU
|
||
|
(NOTE: The address you unsub must correspond to your From: line)
|
||
|
|
||
|
Issues of CuD can also be found in the Usenet comp.society.cu-digest
|
||
|
news group; on CompuServe in DL0 and DL4 of the IBMBBS SIG, DL1 of
|
||
|
LAWSIG, and DL1 of TELECOM; on GEnie in the PF*NPC RT
|
||
|
libraries and in the VIRUS/SECURITY library; from America Online in
|
||
|
the PC Telecom forum under "computing newsletters;"
|
||
|
On Delphi in the General Discussion database of the Internet SIG;
|
||
|
on RIPCO BBS (312) 528-5020 (and via Ripco on internet);
|
||
|
and on Rune Stone BBS (IIRGWHQ) (860)-585-9638.
|
||
|
CuD is also available via Fidonet File Request from
|
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1:11/70; unlisted nodes and points welcome.
|
||
|
|
||
|
EUROPE: In BELGIUM: Virtual Access BBS: +32-69-844-019 (ringdown)
|
||
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In ITALY: ZERO! BBS: +39-11-6507540
|
||
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In LUXEMBOURG: ComNet BBS: +352-466893
|
||
|
|
||
|
UNITED STATES: etext.archive.umich.edu (192.131.22.8) in /pub/CuD/CuD
|
||
|
ftp.eff.org (192.88.144.4) in /pub/Publications/CuD/
|
||
|
aql.gatech.edu (128.61.10.53) in /pub/eff/cud/
|
||
|
world.std.com in /src/wuarchive/doc/EFF/Publications/CuD/
|
||
|
wuarchive.wustl.edu in /doc/EFF/Publications/CuD/
|
||
|
EUROPE: nic.funet.fi in pub/doc/CuD/CuD/ (Finland)
|
||
|
ftp.warwick.ac.uk in pub/cud/ (United Kingdom)
|
||
|
|
||
|
|
||
|
The most recent issues of CuD can be obtained from the
|
||
|
Cu Digest WWW site at:
|
||
|
URL: http://www.soci.niu.edu/~cudigest/
|
||
|
|
||
|
COMPUTER UNDERGROUND DIGEST is an open forum dedicated to sharing
|
||
|
information among computerists and to the presentation and debate of
|
||
|
diverse views. CuD material may be reprinted for non-profit as long
|
||
|
as the source is cited. Authors hold a presumptive copyright, and
|
||
|
they should be contacted for reprint permission. It is assumed that
|
||
|
non-personal mail to the moderators may be reprinted unless otherwise
|
||
|
specified. Readers are encouraged to submit reasoned articles
|
||
|
relating to computer culture and communication. Articles are
|
||
|
preferred to short responses. Please avoid quoting previous posts
|
||
|
unless absolutely necessary.
|
||
|
|
||
|
DISCLAIMER: The views represented herein do not necessarily represent
|
||
|
the views of the moderators. Digest contributors assume all
|
||
|
responsibility for ensuring that articles submitted do not
|
||
|
violate copyright protections.
|
||
|
|
||
|
------------------------------
|
||
|
|
||
|
End of Computer Underground Digest #8.73
|
||
|
************************************
|
||
|
|