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Computer underground Digest Wed Dec 17, 1997 Volume 9 : Issue 91
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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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Shadow-Archivists: Dan Carosone / Paul Southworth
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Ralph Sims / Jyrki Kuoppala
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Ian Dickinson
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Field Agent Extraordinaire: David Smith
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Cu Digest Homepage: http://www.soci.niu.edu/~cudigest
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CONTENTS, #9.91 (Wed, Dec 17, 1997)
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File 1--Text of S 1482: "No Electronic Theft Act"
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File 2--Internet Risks and Liability
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File 3--Policy Post 3.15 -- CDT, EFF, CPSR Call on FCC to Protect
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File 4--The Big Lie : AAS editorial on "Cyberspace Issues"
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File 5--Computer humor
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File 6--Cu Digest Header Info (unchanged since 7 May, 1997)
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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: Fri, 28 Nov 1997 14:54:12 -0800 (PST)
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From: CuDigest <cudigest@sun.soci.niu.edu>
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Subject: File 1--Text of S 1482: "No Electronic Theft Act"
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((Moderators' Note: Thanks to the person who sent this over
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(but who's address was garbled on arrival)).
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Union Calendar No. 198
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105th CONGRESS
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1st Session
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A BILL
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To amend the provisions of titles 17 and 18, United States Code, to
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provide greater copyright protection by amending criminal copyright
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infringement provisions, and for other purposes.
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October 23, 1997
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Reported with an amendment, committed to the Committee of the Whole
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House on the State of the Union, and ordered to be printed
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HR 2265 RH
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105th CONGRESS
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1st Session
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[Report No. 105-339]
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To amend the provisions of titles 17 and 18, United States Code, to
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provide greater copyright protection by amending criminal copyright
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infringement provisions, and for other purposes.
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IN THE HOUSE OF REPRESENTATIVES
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July 25, 1997
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Mr. GOODLATTE (for himself, Mr. COBLE, Mr. FRANK of Massachusetts,
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and Mr. CANNON) introduced the following bill; which was
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referred to the Committee on the Judiciary
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October 23, 1997
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Additional sponsors: Mr. DELAHUNT, Mr. GALLEGLY, and Mr. Clement
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October 23, 1997
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Reported with an amendment, committed to the Committee of the Whole
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House on the State of the Union, and ordered to be printed
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[STRIKE OUT ALL AFTER THE ENACTING CLAUSE AND INSERT THE PART
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PRINTED IN ITALIC]
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[FOR TEXT OF INTRODUCED BILL, SEE COPY OF BILL AS INTRODUCED ON
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JULY 25, 1997]
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A BILL
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To amend the provisions of titles 17 and 18, United States Code, to
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provide greater copyright protection by amending criminal copyright
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infringement provisions, and for other purposes.
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[Italic->] Be it enacted by the Senate and House of
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Representatives of the United States of America in Congress
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assembled, [<-Italic]
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SECTION 1. SHORT TITLE.
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This Act may be cited as the `No Electronic Theft (NET) Act'.
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SEC. 2. CRIMINAL INFRINGEMENT OF COPYRIGHTS.
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(a) DEFINITION OF FINANCIAL GAIN- Section 101 of title 17, United
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States Code, is amended by inserting after the undesignated
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paragraph relating to the term `display', the following new
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paragraph:
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`The term `financial gain' includes receipt, or expectation
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of receipt, of anything of value, including the receipt of
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other copyrighted works.'.
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(b) CRIMINAL OFFENSES- Section 506(a) of title 17, United States
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Code, is amended to read as follows:
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`(a) CRIMINAL INFRINGEMENT- Any person who infringes a copyright
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willfully either--
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`(1) for purposes of commercial advantage or private
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financial gain, or
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`(2) by the reproduction or distribution, including by
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electronic means, during any 180-day period, of 1 or more
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copies or phonorecords of 1 or more copyrighted works, which
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have a total retail value of more than $1,000,
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shall be punished as provided under section 2319 of title 18.'.
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(c) LIMITATION ON CRIMINAL PROCEEDINGS- Section 507(a) of title
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17, United States Code, is amended by striking `three' and
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inserting `5'.
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(d) CRIMINAL INFRINGEMENT OF A COPYRIGHT- Section 2319 of title
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18, United States Code, is amended--
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(1) in subsection (a), by striking `subsection (b)' and
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inserting `subsections (b) and (c)';
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(2) in subsection (b)--
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(A) in the matter preceding paragraph (1), by striking
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`subsection (a) of this section' and inserting `section
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506(a)(1) of title 17'; and
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(B) in paragraph (1)--
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(i) by inserting `including by electronic means,'
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after `if the offense consists of the reproduction or
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distribution,'; and
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(ii) by striking `with a retail value of more than
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$2,500' and inserting `which have a total retail value
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of more than $2,500'; and
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(3) by redesignating subsection (c) as subsection (e) and
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inserting after subsection (b) the following:
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`(c) Any person who commits an offense under section 506(a)(2) of
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title 17--
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`(1) shall be imprisoned not more than 3 years, or fined in
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the amount set forth in this title, or both, if the offense
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consists of the reproduction or distribution of 10 or more
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copies or phonorecords of 1 or more copyrighted works, which
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have a total retail value of $2,500 or more;
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`(2) shall be imprisoned not more than 6 years, or fined in
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the amount set forth in this title, or both, if the offense is
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a second or subsequent offense under paragraph (1); and
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`(3) shall be imprisoned not more than 1 year, or fined in
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the amount set forth in this title, or both, if the offense
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consists of the reproduction or distribution of 1 or more
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copies or phonorecords of 1 or more copyrighted works, which
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have a total retail value of more than $1,000.
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`(d)(1) During preparation of the presentence report pursuant to
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Rule 32(c) of the Federal Rules of Criminal Procedure, victims of
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the offense shall be permitted to submit, and the probation officer
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shall receive, a victim impact statement that identifies the victim
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of the offense and the extent and scope of the injury and loss
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suffered by the victim, including the estimated economic impact of
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the offense on that victim.
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`(2) Persons permitted to submit victim impact statements shall
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include--
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`(A) producers and sellers of legitimate works affected by
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conduct involved in the offense;
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`(B) holders of intellectual property rights in such works; and
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`(C) the legal representatives of such producers, sellers,
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and holders.'.
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(e) UNAUTHORIZED FIXATION AND TRAFFICKING OF LIVE MUSICAL
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PERFORMANCES- Section 2319A of title 18, United States Code, is
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amended--
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(1) by redesignating subsections (d) and (e) as subsections
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(e) and (f), respectively; and
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(2) by inserting after subsection (c) the following:
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`(d) VICTIM IMPACT STATEMENT- (1) During preparation of the
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presentence report pursuant to Rule 32(c) of the Federal Rules of
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Criminal Procedure, victims of the offense shall be permitted to
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submit, and the probation officer shall receive, a victim impact
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statement that identifies the victim of the offense and the extent
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and scope of the injury and loss suffered by the victim, including
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the estimated economic impact of the offense on that victim.
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`(2) Persons permitted to submit victim impact statements shall
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include--
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`(A) producers and sellers of legitimate works affected by
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conduct involved in the offense;
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`(B) holders of intellectual property rights in such works; and
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`(C) the legal representatives of such producers, sellers,
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and holders.'.
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(f) TRAFFICKING IN COUNTERFEIT GOODS OR SERVICES- Section 2320 of
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title 18, United States Code, is amended--
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(1) by redesignating subsections (d) and (e) as subsections
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(e) and (f), respectively; and
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(2) by inserting after subsection (c) the following:
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`(d)(1) During preparation of the presentence report pursuant to
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Rule 32(c) of the Federal Rules of Criminal Procedure, victims of
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the offense shall be permitted to submit, and the probation officer
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shall receive, a victim impact statement that identifies the victim
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of the offense and the extent and scope of the injury and loss
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suffered by the victim, including the estimated economic impact of
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the offense on that victim.
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`(2) Persons permitted to submit victim impact statements shall
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include--
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`(A) producers and sellers of legitimate goods or services
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affected by conduct involved in the offense;
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`(B) holders of intellectual property rights in such goods or
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services; and
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`(C) the legal representatives of such producers, sellers,
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and holders.'.
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(g) DIRECTIVE TO SENTENCING COMMISSION- (1) Under the authority
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of the Sentencing Reform Act of 1984 (Public Law 98-473; 98 Stat.
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1987) and section 21 of the Sentencing Act of 1987 (Public Law
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100-182; 101 Stat. 1271; 18 U.S.C. 994 note) (including the
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authority to amend the sentencing guidelines and policy
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statements), the United States Sentencing Commission shall ensure
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that the applicable guideline range for a defendant convicted of a
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crime against intellectual property (including offenses set forth
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at section 506(a) of title 17, United States Code, and sections
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2319, 2319A, and 2320 of title 18, United States Code) is
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sufficiently stringent to deter such a crime and to adequately
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reflect the additional considerations set forth in paragraph (2) of
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this subsection.
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(2) In implementing paragraph (1), the Sentencing Commission
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shall ensure that the guidelines provide for consideration of the
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retail value and quantity of the items with respect to which the
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crime against intellectual property was committed.
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SEC. 3. INFRINGEMENT BY UNITED STATES.
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Section 1498(b) of title 28, United States Code, is amended by
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striking `remedy of the owner of such copyright shall be by action'
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and inserting `action which may be brought for such infringement
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shall be an action by the copyright owner'.
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SEC. 4. CLARIFICATION OF LIABILITY FOR COPYRIGHT INFRINGEMENT.
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Except as expressly provided in this Act, nothing in this Act or
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the amendments made by this Act modifies liability for copyright
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infringement, including the standard of willfulness for criminal
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infringement.
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------------------------------
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Date: Wed, 17 Dec 1997 14:38:56 -0500 (EST)
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From: Steve Worona <slw1@cornell.edu>
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Subject: File 2--Internet Risks and Liability
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INTERNET RISKS AND LIABILITY
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An Intensive One-Day Workshop
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Los Angeles, California
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January 30, 1998
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(See bottom of this memo for additional dates and locations.)
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WHO SHOULD ATTEND:
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* Webmasters
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* Web-content developers
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* Lawyers
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* Risk managers
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* Librarians
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* Judicial administrators
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* Public relations directors
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TOPICS:
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The Internet
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* What's the Internet all about?
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* Live demonstrations and examples
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* Today's technology: capabilities and challenges
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* Why traditional computer security isn't enough
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Computer Law and Policy
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* How to avoid liability
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* Recent cases and legislation
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* Developing effective policies and practices
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* Common mistakes and how to avoid them
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* Policy pros and cons
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Key Areas of Potential Liability
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* Copyright
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* Public information and privacy
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* Defamation and harassment
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* Pornography, obscenity, and indecency
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When Precautions Fail
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* Your rights and responsibilities
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* Gathering evidence without compromising prosecution
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* Taking preemptive action
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* Working cooperatively with law enforcement
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INVITATION
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from Charles W. Jermy, Associate Dean
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Cornell School of Continuing Education and Summer Sessions
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As you know well, colleges and universities are in the midst of an
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information technology revolution. Faculty, staff, students, alumni,
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and the general public are using information resources and technologies
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in new and transforming ways. The Internet and the World Wide Web have
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become indispensable tools, not just for research and instruction, but
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for numerous business functions as well: admissions, grade reporting,
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student services, public information, development, and much more.
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As we rely on the Web to share information with individuals both inside
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and outside our organizations, we also take on a new spectrum of risks
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and liabilities. Those who depend on information technology to do
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their jobs need guidance on the often very confusing legal requirements
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governing that technology. The Internet Risks and Liability Workshop
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is an intensive one-day program that identifies the most effective
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procedures for ensuring the legal and ethical use of the Internet for a
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variety of business purposes.
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The presenters explain -- in non-technical, jargon-free language -- how
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the Internet really works and what the relevant laws mean. They
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highlight current legislation and case law, illustrated by live
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Internet demonstrations. They also describe effective practices for
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limiting institutional risk and liabilities, while upholding the
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principles of intellectual property and free expression. The program
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concludes with guidance on developing institution-specific Internet
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policies and practicies.
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As never before, information technology professionals, legal counsel,
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and policy makers must work together to determine the steps our
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institutions should take to thrive in the Information Age. I hope you
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will plan on participating in the program.
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PRESENTERS
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Marjorie W. Hodges, J.D.
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Policy Advisor, Office of Information Technologies, and Director,
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Computer Policy and Law Program, Cornell University
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Marjorie W. Hodges is a frequent speaker on the legal and ethical
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aspects of computer policies. A contributing editor of the national
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quarterly Synthesis: Law and Policy in Higher Education, Ms. Hodges is
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recognized as a national authority in the field of computer policy and
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law. She is the leader of the CAUSE Policy Constituent Group and is a
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contributing author of the monograph "Contemporary Issues in Judicial
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Affairs," in which she addresses First Amendment issues and computer
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policy in higher education.
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Steven L. Worona
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Assistant to the Vice President for Information Technologies, and
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Director, Computer Policy and Law Program, Cornell University
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Steven L. Worona has worked in the field of computer-mediated
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information storage and delivery for over twenty-five years. Mr.
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Worona is the creator of Cornell's CUinfo, the first campus-wide
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information system. He was also a principal developer of the PL/C
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compiler at Cornell, and of the XCELL+ factory simulation system
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marketed commercially by Express Software Products, Inc. Mr. Worona
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serves on a wide variety of technical committees and task forces in the
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academic computing field and has spoken and consulted internationally
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on current applications and future trends in computer-based
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communication.
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Hodges and Worona are the authors of "Legal Underpinnings for Creating
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Campus Computer Policy" and "The First Amendment in Cyberspace," both
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published recently in CAUSE/EFFECT magazine.
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PROGRAM INFORMATION
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Internet Risks and Liability will be held in the Sheraton Gateway Hotel
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at 6101 West Century Boulevard, Los Angeles, California, which is
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conveniently located next to the Los Angeles International Airport.
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Participants should plan to arrive for registration on Friday, January
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30, at 8:00 a.m. and to leave no earlier than 5:00 p.m.
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The program charge for Internet Risks and Liability is $475. This
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includes course materials, continental breakfast, and refreshment
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|
breaks. Continuing Education Units (CEUs) will be available to program
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|
participants. Please register early to secure a space in the workshop
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|
as enrollment is limited. Persons whose cancellations are received in
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|
writing by January 15 will receive a full refund. Cancellations
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received after January 15 are subject to a $100 cancellation fee.
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|
Substitutions may be made prior to January 27.
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For additional information and application forms, please call (607)
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|
255-7259 or e-mail us at cusp@cornell.edu. See also
|
||
|
<http://www.sce.cornell.edu/html/irl.html>
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|
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|
ACCOMMODATIONS
|
||
|
|
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|
Participants should make their own reservations by calling the Sheraton
|
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|
Gateway Hotel directly at (310) 642-1111. Please indicate that you
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|
will be attending Internet Risks and Liability in order to qualify for
|
||
|
the special rate of $99 per night (single or double occupancy). Early
|
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|
reservations are recommended. Room availability and rates cannot be
|
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|
guaranteed after January 8. Twenty-four-hour airport shuttle service
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|
is available.
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|
ADDITIONAL DATES AND LOCATIONS
|
||
|
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|
February 16, 1998 Chapel Hill, NC
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March 25, 1998 Baltimore, MD
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April 24, 1998 Dallas, TX
|
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|
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||
|
The 3-day Computer Policy and Law Annual Seminar will take place at
|
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|
Cornell University (Ithaca, NY) on July 8-10, 1998.
|
||
|
|
||
|
------------------------------
|
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|
||
|
Date: Tue, 16 Dec 1997 10:15:28 -0500
|
||
|
From: Graeme Browning <gbrowning@CDT.ORG>
|
||
|
Subject: File 3--Policy Post 3.15 -- CDT, EFF, CPSR Call on FCC to Protect
|
||
|
|
||
|
The Center for Democracy and Technology /____/ Volume 3, Number 15
|
||
|
---------------------------------------------------------------
|
||
|
A briefing on public policy issues affecting civil liberties online
|
||
|
-------------------------------------------------------------
|
||
|
CDT POLICY POST Volume 3, Number 15 Decenber 16, 1997
|
||
|
|
||
|
CONTENTS: (1) Civil Liberties Groups Call on FCC to Protect Privacy, Security
|
||
|
as FBI Pushes Digital Telephony Law
|
||
|
(3) How to Subscribe/Unsubscribe
|
||
|
(4) About CDT, Contacting us
|
||
|
|
||
|
** This document may be redistributed freely with this banner intact **
|
||
|
Excerpts may be re-posted with permission of <gbrowning@cdt.org>
|
||
|
|
||
|
|PLEASE SEE END OF THIS DOCUMENT FOR SUBSCRIPTION INFORMATION|
|
||
|
_______________________________________________________________
|
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|
|
||
|
(1) CIVIL LIBERTIES GROUPS CALL ON FCC TO PROTECT PRIVACY, SECURITY AS FBI
|
||
|
PUSHES DIGITAL TELEPHONY LAW
|
||
|
|
||
|
Dec. 15 -- Three leading online civil liberties groups have urged the
|
||
|
Federal Communications Commission (FCC) to find that the FBI is trying
|
||
|
improperly to enhance its surveillance capabilities, and is overlooking key
|
||
|
privacy rights, under a controversial 1994 wiretap law.
|
||
|
|
||
|
The Center for Democracy and Technology (CDT), Computer Professionals for
|
||
|
Social Responsibility (CPSR), and the Electronic Frontier Foundation (EFF)
|
||
|
asked the FCC on December 12 to take a more active role in protecting
|
||
|
privacy as telephone companies and the FBI struggle to implement the new
|
||
|
wiretap law. The three groups urged the FCC not to focus solely on
|
||
|
personnel security practices and recordkeeping among the telephone
|
||
|
companies affected by the law, as it has been doing, but instead to broaden
|
||
|
its examination by demanding that the digital technology the companies plan
|
||
|
to use be made tamperproof.
|
||
|
|
||
|
The Comments, along with detailed background information on CALEA, will be
|
||
|
posted soon at http://www.cdt.org/digi_tele/
|
||
|
|
||
|
CALEA BACKGROUND
|
||
|
|
||
|
Congress enacted the Communications Assistance for Law Enforcement Act
|
||
|
(CALEA), more commonly called the "digital telephony" law, in October 1994.
|
||
|
The law requires telecommunications carriers--primarily local telephone
|
||
|
companies and wireless service providers--to upgrade their switching
|
||
|
equipment and computer software so that law enforcement officials can
|
||
|
perform wiretaps and other forms of electronic surveillance despite the
|
||
|
addition of new technologies.
|
||
|
|
||
|
Congress passed CALEA to assuage the concern of law enforcement that new
|
||
|
digital modes of transmitting information could render wiretapping
|
||
|
obsolete. Like so many new technologies, however, digital telephony can be
|
||
|
a boon to the pursuer as well as to the wrongdoer. With digital telephony
|
||
|
law enforcement officials can amass much more detailed information on a
|
||
|
private citizen's calling habits than ever before. The debate over CALEA
|
||
|
depends, at least in part, on whether it will be implemented in a way that
|
||
|
maintains law enforcement's traditional surveillance capabilities, or
|
||
|
whether government will use it as an excuse to exploit the full
|
||
|
surveillance capabilities of digital technology.
|
||
|
|
||
|
Fcc Proceeding Fails To Give Adequate Attention To Privacy
|
||
|
|
||
|
In October, the FCC issued a "Notice of Proposed Rulemaking" seeking
|
||
|
comments from the communications industry, law enforcement agencies and the
|
||
|
public on CALEA. The notice focused almost entirely on two areas: the
|
||
|
telephone companies' recordkeeping and personnel security practices, and
|
||
|
the definition of key terms in the 1994 law. CDT and the other two groups
|
||
|
joining in last Friday's filing argue that the Commission has overlooked
|
||
|
the issue of privacy in its efforts to flesh out the law, despite Congress'
|
||
|
clear directives in the statute that privacy be protected.
|
||
|
|
||
|
While the FCC's proposed rules require more detailed recordkeeping and
|
||
|
background checks on phone company employees, Congress specifically called
|
||
|
for systems designed to protect the privacy of communications not
|
||
|
authorized to be intercepted. In CDT's view, this requires telephone
|
||
|
companies to withhold information which law enforcement doesn't have
|
||
|
specific legal authority to intercept. As telephone companies increasingly
|
||
|
adopt packet switching protocols, the separation of call content from
|
||
|
packet addressing information becomes critical to ensure that law
|
||
|
enforcement doesn't receive call content without probable cause.
|
||
|
|
||
|
IMPLEMENTATION DELAYED
|
||
|
|
||
|
A series of disputes has delayed the implementation of the law. In the past
|
||
|
two years the FBI has twice attempted to draft notices to telephone
|
||
|
companies outlining how many wiretap intercepts they can be required, under
|
||
|
the law, to perform at one time in any given service area. Both of these
|
||
|
drafts have been roundly criticized for proposing a surveillance capacity
|
||
|
that far exceeds traditional law enforcement needs. On the separate
|
||
|
question of capability, the telecommunications industry earlier this year
|
||
|
proposed a compliance standard that calls for switching software upgrades
|
||
|
to make interceptions easier. But the FBI opposed adopting that standard
|
||
|
because it doesn't go far enough to satisfy the Bureau's demands for
|
||
|
enhanced surveillance capabilities. For example, the industry standard
|
||
|
calls for tracking capabilities in wireless telephones. The FBI, however,
|
||
|
wants other features, such as the ability to continue monitoring parties on
|
||
|
a conference call even after the person named in the surveillance order has
|
||
|
left the call. The FBI also wants telecommunications carriers to be
|
||
|
required to provide law enforcement with more detailed information on a
|
||
|
citizen's calling practices.
|
||
|
|
||
|
COMPUTER SECURITY
|
||
|
|
||
|
Computers increasingly control telecommunications switching, and most of
|
||
|
the telephone companies' efforts to comply with CALEA will involve changes
|
||
|
to the software that controls switching within the companies' central
|
||
|
offices. Carriers will soon be establishing computerized surveillance
|
||
|
administration functions, that, in turn, may be networked with other system
|
||
|
administration functions and also linked to computers located outside the
|
||
|
switching office. All in all, the changes could leave the carriers' systems
|
||
|
vulnerable to employees bent on doing mischief, or to malicious hackers.
|
||
|
|
||
|
Because of this possibility, CDT, EFF and CPSR have urged the FCC to
|
||
|
examine the security of these new software protocols. Among the factors
|
||
|
that CDT believes the FCC should require are:
|
||
|
|
||
|
* System integrity. Both hardware and software systems must be tamperproof.
|
||
|
Most systems have a maintenance function that allows "backdoor" access,
|
||
|
which
|
||
|
could be used to subvert the entire system.
|
||
|
|
||
|
* Simple authentication for individual system users. Fixed passwords for user
|
||
|
identification are inherently dangerous because they reside in the system's
|
||
|
memory and can be plucked out by technology-savvy wrongdoers.
|
||
|
|
||
|
* System-to-system authentication. When whole systems within the telephone
|
||
|
industry are networked to each other, it's equally important that each
|
||
|
system
|
||
|
be able to authenticate contact with another system.
|
||
|
|
||
|
* Audit trails which the industry can use to review surveillance activity.
|
||
|
|
||
|
* Intrusion detection programs within the telephone systems themselves which
|
||
|
will help identify when a surveillance technology is being put to an
|
||
|
improper
|
||
|
use.
|
||
|
|
||
|
FOR FURTHER INFORMATION CONTACT:
|
||
|
|
||
|
James X. Dempsey, Staff Counsel, Center for Democracy and Technology
|
||
|
+1.202.637.9800, <jdempsey@cdt.org>
|
||
|
________________________________________________________________
|
||
|
|
||
|
(3) SUBSCRIPTION INFORMATION
|
||
|
|
||
|
Be sure you are up to date on the latest public policy issues affecting
|
||
|
civil liberties online and how they will affect you! Subscribe to the CDT
|
||
|
Policy Post news distribution list. CDT Policy Posts, the regular news
|
||
|
publication of the Center For Democracy and Technology, are received by
|
||
|
more than 13,000 Internet users, industry leaders, policy makers and
|
||
|
activists, and have become the leading source for information about
|
||
|
critical free speech and privacy issues affecting the Internet and other
|
||
|
interactive communications media.
|
||
|
|
||
|
To subscribe to CDT's Policy Post list, send mail to
|
||
|
|
||
|
majordomo@cdt.org
|
||
|
|
||
|
in the BODY of the message (leave the SUBJECT LINE BLANK), type
|
||
|
|
||
|
subscribe policy-posts
|
||
|
|
||
|
If you ever wish to remove yourself from the list, send mail to the
|
||
|
above address with a subject of:
|
||
|
|
||
|
unsubscribe policy-posts
|
||
|
_______________________________________________________________
|
||
|
|
||
|
(4) ABOUT THE CENTER FOR DEMOCRACY AND TECHNOLOGY/CONTACTING US
|
||
|
|
||
|
The Center for Democracy and Technology is a non-profit public interest
|
||
|
organization based in Washington, DC. The Center's mission is to develop
|
||
|
and advocate public policies that advance democratic values and
|
||
|
constitutional civil liberties in new computer and communications
|
||
|
technologies.
|
||
|
|
||
|
Contacting us:
|
||
|
|
||
|
General information: info@cdt.org
|
||
|
World Wide Web: URL:http://www.cdt.org/
|
||
|
FTP URL:ftp://ftp.cdt.org/pub/cdt/
|
||
|
|
||
|
Snail Mail: The Center for Democracy and Technology
|
||
|
1634 Eye Street NW * Suite 1100 * Washington, DC 20006
|
||
|
(v) +1.202.637.9800 * (f) +1.202.637.0968
|
||
|
|
||
|
------------------------------
|
||
|
|
||
|
Date: Thu, 4 Dec 1997 00:36:07 +0000
|
||
|
From: David Smith <bladex@bga.com>
|
||
|
Subject: File 4--The Big Lie : AAS editorial on "Cyberspace Issues"
|
||
|
|
||
|
Source -- fight-censorship@vorlon.mit.edu
|
||
|
|
||
|
Below is an editorial that ran in Wednesday's Austin American Statesman.
|
||
|
|
||
|
My response letter is appended below, and I encourage other
|
||
|
fight-censorship subscribers to write letters to the editors of their
|
||
|
local newspapers. We can yak to each other till the cows come home
|
||
|
but we need to express our ideas in other forums and other audiences as
|
||
|
well.
|
||
|
|
||
|
|
||
|
There are some things I didn't address in my letter that I want to bring
|
||
|
up online -- namely that the issues of children, adult material, and
|
||
|
filtering is difficult enough without the Statesman deliberately
|
||
|
distorting the experience of what it is like to be online.
|
||
|
|
||
|
Out of the thousands and thousands of websites that I have looked at in
|
||
|
my life I can only remember two instances of "uninvited smut". Once
|
||
|
because I didn't read the preceding link page closely enough and the
|
||
|
second where someone was making the point about how rarely this happens.
|
||
|
Also, being sent an e-mail solicitation to join or look at a sexually
|
||
|
explicit site is not the same as being sent pornography.
|
||
|
|
||
|
Anyone with an e-mail address knows that if there is pornography on your
|
||
|
screen, it's because you took deliberate actions and steps to place it
|
||
|
there. That's what it is like to be online but you would never know
|
||
|
that from reading their editorial page.
|
||
|
|
||
|
|
||
|
Cyberspace issues
|
||
|
Austin American Statesman
|
||
|
Wednesday, December 03, 1997
|
||
|
|
||
|
It is axiomatic that the federal government should tread lightly around
|
||
|
the Internet. The U.S. Supreme Court said so clearly this year in
|
||
|
striking down the Communications Decency Act, Congress' attempt to block
|
||
|
online pornography.
|
||
|
|
||
|
But that doesn't mean the World Wide Web should be a sexual free-fire
|
||
|
zone where anything goes whether you want it or not. Anyone with an
|
||
|
e-mail address can attest to the flood of sexually explicit messages and
|
||
|
solicitations that greet the user nowadays.
|
||
|
|
||
|
A conference in Washington this week is exploring ways to make the
|
||
|
Internet safe for children and adults who wish not to be entertained by
|
||
|
the smut available in cyberspace. They have their work cut out for them
|
||
|
because any screening or rating system is greeted by screeches of
|
||
|
protest from the civil libertarians who won't care what the children
|
||
|
see.
|
||
|
|
||
|
It isn't in the government's interest, and possibly not within its
|
||
|
grasp, to be the online censor. The solution to uninvited smut via
|
||
|
computer should be improving the technology in the marketplace.
|
||
|
|
||
|
Among the issues being explored at the Washington conference are
|
||
|
filtering software and ratings programs. President Clinton has called
|
||
|
for universal self-rating for Internet companies, but that idea has had
|
||
|
a tepid reception so far.
|
||
|
|
||
|
It is in the best interest of the online companies and Internet
|
||
|
providers to offer a filtering system that works. Twice as many
|
||
|
households with children have computers as households without children.
|
||
|
Those families have a vital interest in protecting their children from
|
||
|
the sexually explicit offerings on the Internet.
|
||
|
|
||
|
Free speech critics complain the filtering systems filter too much,
|
||
|
blocking protected speech as well as pornography. Some family-oriented
|
||
|
groups claim they don't filter enough and smut creeps in.
|
||
|
|
||
|
Although self-rating has flopped so far, third-party ratings may hold
|
||
|
the answer for the civil libertarians and those concerned about
|
||
|
pornography online. Under that system, a third-party rates the Web
|
||
|
publishers and the individual user can choose the rating he or she
|
||
|
prefers.
|
||
|
|
||
|
As for the sleazy e-mail messages, Congress is considering bills to make
|
||
|
it a criminal act to offer sexual content to minors through e-mail. That
|
||
|
may or may not pass Supreme Court muster.
|
||
|
|
||
|
But there, too, the answer may lie in improved technology that will
|
||
|
allow those who want everything to get it and those who wish to protect
|
||
|
themselves and their families from sleazy solicitors to do so.
|
||
|
|
||
|
|
||
|
--- end of editorial -----
|
||
|
|
||
|
|
||
|
Letter to the Editorial
|
||
|
December 3, 1997
|
||
|
|
||
|
|
||
|
The computer magazine Family PC recently polled 750 subscribers about
|
||
|
family life online. While a majority expressed concerns about their
|
||
|
children accessing sexually explicit material, 73% of them felt that
|
||
|
monitoring their children's use of the Internet, being involved in their
|
||
|
children's activities, and setting specific rules for participation
|
||
|
would be their approach and strategy to guiding and raising their
|
||
|
children online. This is what parents do in real life.
|
||
|
|
||
|
In your editorial about cyberspace issues, however, the only solutions
|
||
|
to these social and moral issues you think are worth discussing involve
|
||
|
sitting around and waiting for the technology that will save us.
|
||
|
|
||
|
If you truly want to help parents, cut back on the screeching and
|
||
|
fear-mongering about all the bad things that could happen to children
|
||
|
online and replace it with some of the common sense advice available at
|
||
|
sites like Safe Kids Online (http://www.safekids.com) and Netparents
|
||
|
(http://www.netparents.org). You might sell less newspapers but you'll
|
||
|
be doing everyone involved a favor.
|
||
|
|
||
|
|
||
|
|
||
|
* * *
|
||
|
|
||
|
http://www.zdnet.com/familypc/content/kidsafety/results.html -- Family
|
||
|
PC Survey
|
||
|
|
||
|
http://www.io.com/~kinnaman/pchealth/draft.html -- TISPA page on
|
||
|
filtering software & parental guides to the Internet as required by
|
||
|
HB1300.
|
||
|
|
||
|
|
||
|
David Smith
|
||
|
david_smith@unforgettable.com
|
||
|
http://www.realtime.net/~bladex
|
||
|
File under : Internet activist
|
||
|
|
||
|
------------------------------
|
||
|
|
||
|
Date: Tue, 16 Dec 1997 12:19:54 -0600
|
||
|
From: Jerrold Zar <T80JHZ1@WPO.CSO.NIU.EDU>
|
||
|
Subject: File 5--Computer humor
|
||
|
|
||
|
Here's some lunchtime humor I received on an Internet list
|
||
|
from a John Longreco:
|
||
|
|
||
|
~~~ The Techno Terms Dictionary ~~~
|
||
|
|
||
|
486 - The average IQ needed to understand a PC.
|
||
|
|
||
|
State-of-the-art - Any computer you can't afford.
|
||
|
|
||
|
Obsolete - Any computer you own.
|
||
|
|
||
|
Microsecond - The time it takes for your state-of-the-art
|
||
|
computer to become obsolete.
|
||
|
|
||
|
G3 - Apple's new Macs that make you say "Gee, three times
|
||
|
faster than the computer I bought for the same price a
|
||
|
Microsecond ago."
|
||
|
|
||
|
Syntax Error - Walking into a computer store and saying "Hi,
|
||
|
I want to buy a computer and money is no object."
|
||
|
|
||
|
Hard Drive - The sales technique employed by computer
|
||
|
salesmen, esp. after a Syntax Error.
|
||
|
|
||
|
GUI - What your computer becomes after spilling your coffee
|
||
|
on it. (pronounced "gooey")
|
||
|
|
||
|
Keyboard - The standard way to generate computer errors.
|
||
|
|
||
|
Mouse - An advanced input device to make computer errors
|
||
|
easier to generate.
|
||
|
|
||
|
Floppy - The state of your wallet after purchasing a
|
||
|
computer.
|
||
|
|
||
|
Portable Computer - A device invented to force businessmen
|
||
|
to work at home, on vacation, and on business trips.
|
||
|
|
||
|
Disk Crash - A typical computer response to any critical
|
||
|
deadline.
|
||
|
|
||
|
Power User - Anyone who can format a disk from DOS.
|
||
|
|
||
|
System Update - A quick method of trashing ALL of your
|
||
|
software.
|
||
|
|
||
|
------------------------------
|
||
|
|
||
|
Date: Thu, 7 May 1997 22:51:01 CST
|
||
|
From: CuD Moderators <cudigest@sun.soci.niu.edu>
|
||
|
Subject: File 6--Cu Digest Header Info (unchanged since 7 May, 1997)
|
||
|
|
||
|
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 (815-753-6436), 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);
|
||
|
CuD is also available via Fidonet File Request from
|
||
|
1:11/70; unlisted nodes and points welcome.
|
||
|
|
||
|
In ITALY: ZERO! BBS: +39-11-6507540
|
||
|
|
||
|
UNITED STATES: ftp.etext.org (206.252.8.100) in /pub/CuD/CuD
|
||
|
Web-accessible from: http://www.etext.org/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
|
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relating to computer culture and communication. Articles are
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End of Computer Underground Digest #9.91
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