766 lines
36 KiB
Plaintext
766 lines
36 KiB
Plaintext
|
||
|
||
Computer underground Digest Sat Apr 25, 1992 Volume 4 : Issue 19
|
||
|
||
Editors: Jim Thomas and Gordon Meyer (TK0JUT2@NIU.BITNET)
|
||
Associate Editor: Etaion Shrdlu, Jr.
|
||
Arcmeisters: Brendan Kehoe and Bob Kusumoto
|
||
|
||
CONTENTS, #4.19 (Apr 25, 1992)
|
||
File 1--Hacking, Then and Now
|
||
File 2--Text of Sun Devil ruling
|
||
File 3--Ralph Nader/Cable TV/Information Networks (corrected)
|
||
File 4--Battle over Landsat/Public Domain (fr: Corp. Crime Rept)
|
||
File 5--Internet Society News
|
||
|
||
Issues of CuD can be found in the Usenet alt.society.cu-digest news
|
||
group, on CompuServe in DL0 and DL4 of the IBMBBS SIG, DL1 of LAWSIG,
|
||
and DL0 and DL12 of TELECOM, on Genie, on the PC-EXEC BBS at (414)
|
||
789-4210, and by anonymous ftp from ftp.eff.org (192.88.144.4),
|
||
chsun1.spc.uchicago.edu, and ftp.ee.mu.oz.au. To use the U. of
|
||
Chicago email server, send mail with the subject "help" (without the
|
||
quotes) to archive-server@chsun1.spc.uchicago.edu.
|
||
European distributor: ComNet in Luxembourg BBS (++352) 466893.
|
||
|
||
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 as long as the source
|
||
is cited. Some authors do copyright their material, 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.
|
||
|
||
----------------------------------------------------------------------
|
||
|
||
Date: Fri, 24 Apr 92 19:01:13 CDT
|
||
From: Jim Thomas <tk0jut2@mvs.cso.niu.edu>
|
||
Subject: File 1--Hacking, Then and Now
|
||
|
||
In CuD 4.18, Jerry Leichter raises several points for discussion.
|
||
Each reveals the rapid changes that continue to occur both in computer
|
||
technology and computer culture. Jerry writes:
|
||
|
||
2. "Information" and "computers" should be free, hackers are
|
||
just trying to learn, there is nothing wrong with learning.
|
||
|
||
Point 2 I don't want to get into; it's old, tired, and if you
|
||
don't recognize it for its moral bankruptcy by this time, nothing
|
||
I can say will change your mind.
|
||
|
||
I doubt that Jerry means to imply that the debates over the
|
||
accessibility of information are morally bankrupt or that the goal of
|
||
learning through "hacking" is improper. Rather, the cynical use of
|
||
the rhetoric of freedom by many "wannabe cybernauts" to justify
|
||
intrusion or blatant predatory behavior distorts the original
|
||
meaning of the term used by the early hackers. The original hackers
|
||
found the challenge of the new machine intriguing. Few resources were
|
||
available for exploring its limits other than hands-on
|
||
trial-and-error, and there were no ethical or legal models to guide
|
||
the initial exploration. Two decades ago, control over the new
|
||
technology appeared limited to a relatively small elite who, if
|
||
unchecked, would amass what some considered unacceptable power over
|
||
the dissemination and use of computer technology and use. Things
|
||
change. This raises Jerry's second point: Whatever one may think of
|
||
hacking activity, its meaning is not the same in 1992 as it was even
|
||
as recently as the late-1980s. Bob Bickford's definition of hacking as
|
||
"the joy of exceeding limitations" is no longer the current dominating
|
||
ethos of too many of those who have assumed the "hacker" mantle. The
|
||
label has become a romanticized activity for teenagers and others who
|
||
see password cracking, simple computer intrusion for its own sake,
|
||
numbers-running, and credit card fraud as ends in themselves.
|
||
|
||
Like the counter-culture of the sixties, the "hacker culture" emerged
|
||
quickly, shaped a new generation of youth exploring beyond the
|
||
confines of conventional culture, and then disintegrated under the
|
||
excesses of those who adopted the trappings while losing sight of the
|
||
core of the new cultural message. Like the counter-culture, the ease
|
||
of access into "hacking, the romanticized media depictions, the focus of
|
||
newcomers on the fun to the exclusion of corresponding
|
||
responsibilities, and the critical mass of exploiters able to
|
||
manipulate for their own ends fed the darkside of the culture.
|
||
|
||
All meanings occur in a broader context, and the context of hacking
|
||
has changed. Social changes in the past decade have led to changes in
|
||
the definition of "hacking" and in the corresponding ethos and
|
||
culture. The increased learning curve required to master contemporary
|
||
computers, the proliferation of networks to share information, and the
|
||
ease of distribution of software have reduced much of the incentive
|
||
for many amateur hackers to invest the time and effort in moving
|
||
beyond all but the simplest of technological skill. As a consequence,
|
||
there has emerged a fairly large core of newcomers who lack both the
|
||
skill and the ethos that guided earlier hackers, and who define the
|
||
enterprise simplistically.
|
||
|
||
The attraction of original phreaking and hacking and its attendant
|
||
lifestyle appear to center on three fundamental characteristics: The
|
||
quest for knowledge, the belief in a higher ideological purpose of
|
||
opposition to potentially dangerous technological control, and the
|
||
enjoyment of risk-taking. In a sense, CU participants consciously
|
||
created dissonance as a means of creating social meaning in what is
|
||
perceived as an increasingly meaningless world. In some ways, the
|
||
original CU represents a reaction against contemporary culture by
|
||
offering an ironic response to the primacy of a master technocratic
|
||
language, the incursion of computers into realms once considered
|
||
private, the politics of techno-society, and the sanctity of
|
||
established civil and state authority. But, the abuses of this ethos
|
||
have changed the culture dramatically. Consider two fairly typical
|
||
posts from two defunct self-styled "hacker" boards in the early 1990s:
|
||
|
||
Well, instead of leaving codes, could you leave us
|
||
"uninformed" people with a few 800 dialups and formats? I
|
||
don't need codes, I just want dialups! Is that so much to
|
||
ask? I would be willing to trade CC's %credit cards% for
|
||
dialups. Lemme know..
|
||
|
||
or:
|
||
|
||
Tell ya what. I will exchange any amount of credit cards
|
||
for a code or two. You name the credit limit you want on
|
||
the credit card and I will get it for you. I do this cause
|
||
I to janitorial work at night INSIDE the bank when no one is
|
||
there..... heheheheheh
|
||
|
||
Unfortunately, this is the "hacking" that the public and LE officials
|
||
dramatize, but it is simply an infantile form of social predation.
|
||
There is no adventure, no passion for learning, and no innocence
|
||
reflected in today's CU culture. Jerry is, therefore correct: Times
|
||
have changed. If Altamont symbolized the death the counter-culture,
|
||
Cliff Stoll's _The Cuckoo's Egg_ symbolizes the end of the "golden age
|
||
of hacking." culture and those who participate in it have lost their
|
||
innocence.
|
||
|
||
Baudrillard observed that our private sphere now ceases to be the
|
||
stage where the drama of subjects at odds with their objects and with
|
||
their image is played out, and we no longer exist as playwrites or
|
||
actors, but as terminals of multiple networks. The public space of
|
||
the social arena is reduced to the private space of the computer desk,
|
||
which in turn creates a new semi-public, but restricted, public realm
|
||
to which dissonance seekers retreat. To participate in the computer
|
||
underground once was to engage in what Baudrillard describes as
|
||
"private telematics," in which individuals, to extend Baudrillard's
|
||
fantasy metaphor, are transported from their mundane computer system
|
||
to the controls of a hypothetical machine, isolated in a position of
|
||
perfect sovereignty, at an infinite distance from the original
|
||
universe. There, identity is created through symbolic strategies and
|
||
collective beliefs. Sadly, this generally is no longer the case for
|
||
most young computerists. Times have changed. Very few who currently
|
||
attempt to justify the "right to hack" as a form of social rebellion
|
||
recognize--let alone engage in--the tedious struggles of others (such
|
||
as EFF or CPSR) that would civilize the Electronic Frontier. In the
|
||
battle to expand civil liberties to cyberspace, contemporary "hackers"
|
||
have not only *not* been part of the solution, they have become part
|
||
of the problem.
|
||
|
||
------------------------------
|
||
|
||
Date: Fri, 24 Apr 1992 17:22:24 EDT
|
||
From: David Sobel <dsobel@WASHOFC.CPSR.ORG>
|
||
Subject: File 2--Text of Sun Devil ruling
|
||
|
||
Text of Sun Devil ruling
|
||
|
||
On March 12, 1992, the U.S. District Court for the District of
|
||
Columbia issued its ruling in the Freedom of Information Act case
|
||
brought by Computer Professionals for Social Responsibility (CPSR)
|
||
seeking disclosure of the Operation Sun Devil search warrant materials.
|
||
The Court ruled that the Secret Service may withhold the material from
|
||
public disclosure on the ground that release of the information would
|
||
impede the government's ongoing investigation. On April 22, CPSR filed
|
||
an appeal of that ruling.
|
||
|
||
The Court's oral ruling, which was delivered from the bench, has now
|
||
been transcribed and is set forth below.
|
||
|
||
David Sobel
|
||
Legal Counsel
|
||
CPSR Washington Office
|
||
|
||
|
||
* * * * *
|
||
|
||
THE COURT: The Court's going to issue its ruling, bench ruling
|
||
at this time, which will be its opinion in this case in the
|
||
summary judgment motions. The defendants moved for summary
|
||
judgment in this FOIA case, and the plaintiffs originally sought
|
||
discovery under 56(f) to obtain information concerning sealing
|
||
orders covering certain of the documents at issue in this action.
|
||
|
||
January 16 of this year, I denied the plaintiff's
|
||
motion that defendants were not relying upon the sealing orders
|
||
and that the Morgan case was inapposite, although it had been
|
||
discussed originally at some other status calls before this
|
||
Court.
|
||
|
||
In this FOIA case, the Computer Professionals for
|
||
Social Responsibility seek these agency records regarding what's
|
||
called Operation Sun Devil from the Secret Service, which is
|
||
concededly a criminal investigation that is still ongoing
|
||
involving information compiled for law enforcement purposes that
|
||
was, involved alleged computer fraud which began back in May of
|
||
1990.
|
||
|
||
The Secret Service has refused to release the search
|
||
warrants and the applications for the search warrants, the
|
||
executed warrants, as well as the applications for the inventory
|
||
lists except as to one Bruce Esquibel, known as Dr. Ripco, who
|
||
had agreed to have his information released. But as to the
|
||
remaining 25 -- there were 26 search warrants -- the government
|
||
has refused to release them, relying upon FOIA exemptions 7(A),
|
||
(C), and (D) under the statute.
|
||
|
||
The Court's going to grant the summary judgment for
|
||
the defendant for the following reasons: There's no, as I said,
|
||
dispute as to whether or not this information has been compiled
|
||
for law enforcement purposes, which covers -- is covered by
|
||
exemption 7. 7 says, however, "only to the extent that the
|
||
production of such law enforcement records or information (A)
|
||
could reasonably be expected to interfere with enforcement
|
||
proceedings" and then "(C) could reasonably be expected to
|
||
constitute an unwarranted invasion of personal privacy, [or] (D)
|
||
could reasonably be expected to disclose the identity of a
|
||
confidential source," et cetera.
|
||
|
||
From the Court's view, (A) is the crucial issue in the
|
||
case and whether or not this would be unwarranted interference
|
||
with an ongoing investigation by ordering the Secret Service to
|
||
produce all the records regarding the 25 search warrants. The
|
||
Secret Service represented as of today, apparently, one
|
||
individual has pled guilty by way of information, but there have
|
||
been no indictments, but that Operation Sun Devil continues,
|
||
obviously, then as an ongoing investigation.
|
||
|
||
The deputy director of the Secret Service by
|
||
affidavit has stated the evidence in these materials consists of
|
||
facts that have been gathered against various individuals,
|
||
information provided by confidential sources, and affidavits
|
||
establishing probable cause for search of the individual
|
||
residences or businesses.
|
||
|
||
He argues that any release of this overall
|
||
information in one package, as opposed to someone finding out an
|
||
individual search warrant from the individual court, would give
|
||
this access to the evidence and strategy as being used by the
|
||
government in this law enforcement proceeding, that this would
|
||
show the focus, overall focus and the approach and the limits of
|
||
the government's case, it could have a chilling effect on the
|
||
witnesses and constitute potential interference with those
|
||
witnesses by revealing them, and it would give the ability to
|
||
those who are under investigation, who may not know the scope and
|
||
the nature of the overall approach of the government, to
|
||
construct defenses and interfere, obviously, with the ongoing
|
||
proceedings that they may have, that is, their ongoing
|
||
investigation.
|
||
|
||
The issue really is whether the government has shown
|
||
that by the affidavit of Caputo and the other facts in the
|
||
record. Obviously, the Caputo affidavit is tailored to meet the
|
||
law, NLRB v. Robbins Tire & Rubber is one of them, 437 U.S. 214,
|
||
241, where Congress intended to prevent such interference with
|
||
law enforcement proceedings as giving a person greater access to
|
||
the government's case than it ordinarily would have, or Hatcher
|
||
v. U.S. Postal Service, which is an F. Supp. case here, 566 F.
|
||
Supp. 331, 333, where it's not necessary to show under exemption
|
||
7 the interference with law enforcement proceedings is likely to
|
||
occur if the documents are disclosed. It's enough that there's a
|
||
generic showing that disclosure of particular kinds of records
|
||
would generally interfere with enforcement proceedings.
|
||
|
||
The defendant -- excuse me, the plaintiff has
|
||
asserted first, that because they're routinely available around
|
||
the country and rarely filed under seal, and secondly, because
|
||
some are filed under seal, that they should be producible by the
|
||
federal government, using a dual argument. One is that if
|
||
they're already public, then they can't claim there can be any
|
||
harm done by producing them now, and secondly, if they're under
|
||
seal, they have to go through a Morgan process before they can
|
||
rely upon them as being under seal and not producing them under
|
||
the law of this circuit.
|
||
|
||
The plaintiffs have basically argued that it's a
|
||
circuitous argument advanced by the defendants that these
|
||
documents, but for the seals, would be produced, and that they
|
||
really, that's what they're relying upon. The Court does not see
|
||
the government's, or defendants' argument in that light or the
|
||
affidavits that have been filed in this case.
|
||
|
||
First, it seems to me that because some of the
|
||
information may be available after diligent research around the
|
||
country and some others may be under seal that could be made
|
||
public by petition or by the government going through the Morgan
|
||
exercise doesn't seem to the Court therefore the government has
|
||
no justification for saying that they can't produce these records
|
||
because they could interfere with ongoing criminal proceedings,
|
||
and that is because this would be the only place you could get
|
||
probably a total overall picture of the government's concerted
|
||
effort in this investigation.
|
||
|
||
The government obviously has a concerted effort.
|
||
Whether it's a conspiracy or not and they're related, the
|
||
government executed these warrants all basically at the same time
|
||
and place in an overall organized plan in May of 1990. They
|
||
executed 26 search warrants. It was a concentrated, obviously
|
||
carefully orchestrated effort to move on several fronts at one
|
||
time all across the country and not separate, distinct,
|
||
individual cases coming over a period of years against various
|
||
individuals. It was obviously an approach the government had
|
||
designed and planned as part of their criminal investigation,
|
||
which is still ongoing and has now resulted apparently in at
|
||
least one guilty plea.
|
||
|
||
So I don't think the availability merely on the case-
|
||
by-case basis, potentially available, meets the same as having
|
||
the compilation of all the information the Secret Service can
|
||
provide in toto in a package which could allow one to see the
|
||
limits and the scope and the nature of their investigation
|
||
overall and give them a much better picture. It's the old saw of
|
||
the seeing a tree or seeing the whole forest basically and having
|
||
perspective.
|
||
|
||
The second really part of the argument by the plaintiff
|
||
is that if the Esquibel search can be released without harm to
|
||
the ongoing investigation, it could release the other
|
||
investigation without great damage to its work. Again, however,
|
||
it seems to me the warrant in the Esquibel case was released upon
|
||
his agreement and request and waiver of his rights, that that is
|
||
an individual, one individual out of 26, and it seems to me very
|
||
different from exposing the entire investigative plan that may
|
||
well be exposed by providing all of the documents that relate to
|
||
the 25 other searches.
|
||
|
||
The Secret Service has in its affidavits set forth
|
||
fairly clearly that they have gone through the three-fold process
|
||
to provide appropriate exemption under 7(A). Under Bevis v.
|
||
Department of State, 801 F.2d 1386, the court ruled that it must,
|
||
the government, first define its categories functionally; second,
|
||
it must conduct a document-by-document review in order to assign
|
||
documents to the proper category; and finally, it must explain to
|
||
the court how the release of each category would interfere with
|
||
enforcement proceedings.
|
||
|
||
And under our Crooker v. Bureau of Alcohol, Tobacco and
|
||
Firearms, 789 F.2d 64, this circuit held that the agency must
|
||
provide this court with enough information to allow it to trace
|
||
any rational link between the nature of the documents and the
|
||
alleged likely interference.
|
||
|
||
The Secret Service herein has set forth the
|
||
following: Information is in three general categories: gathered
|
||
against particular individuals, provided by confidential sources,
|
||
and the information for the probable cause of the search of the
|
||
individual residences, referring to Caputo declaration. This
|
||
information could be used to avoid prosecution by those who are
|
||
targets by giving, one, advanced knowledge of the information
|
||
would enable a suspect to inhibit additional investigation, to
|
||
destroy undiscovered evidence, to mold defenses to meet the
|
||
contours of the government's case. Additionally, the release of
|
||
the information concerning confidential informants and evidence
|
||
in the possession of the government could lead to attempts at
|
||
intimidation, fabrication of evidence, and perhaps alibis
|
||
tailored to rebut the specifics of the government's cases.
|
||
|
||
It seems to the Court that there is a rational link
|
||
between the nature of the documents that have been discussed and
|
||
the alleged likely interference. I don't have to say that it's
|
||
beyond a reasonable doubt that this interference could occur, but
|
||
it is likely that it could occur.
|
||
|
||
The overall release of these records, in the Court's
|
||
view the government has established, meets the exemption of 7(A),
|
||
that it would show an interference with enforcement proceedings
|
||
is likely to occur if the documents are disclosed, again giving
|
||
them the entire total package of the government's approach in
|
||
this case, which is still an ongoing criminal investigation and
|
||
apparently is still active, it is not dormant, and nothing has
|
||
happened in two years. It is, rather, apparently, according to
|
||
the government's most recent evidence, has resulted in at least
|
||
one guilty plea.
|
||
|
||
Additional exemptions relied upon by the government,
|
||
7(C) and 7(D), it's not necessary for the Court to address, but I
|
||
would just note for the record in case of further review of this,
|
||
the exemption for disclosure under 7(C) as to unwarranted
|
||
invasion of personal privacy, it seems to the Court that there's
|
||
obviously a cognizable interest in the privacy of anyone's
|
||
involvement in a law enforcement investigation. No one wants to
|
||
be publicized that they may be the subject of some investigation.
|
||
They want their participation to remain secret.
|
||
|
||
And the plaintiffs have not, do not seek the
|
||
identification of these individuals. The interest really at
|
||
stake is their privacy interest, where they could be exposed by
|
||
the publication of these affidavits, with their names redacted,
|
||
and whether or not any other information contained in there would
|
||
also have to be redacted.
|
||
|
||
If we look at the Esquibel affidavit that came in
|
||
supporting the search of his home and business, you'll see there
|
||
are numerous other computer hackers and, presumably, legitimate
|
||
computer users referred to, and that would be presumably the same
|
||
in the other affidavits for the other search warrants.
|
||
Therefore, there would have to be much redacting, if anything
|
||
could be produced in the other affidavits and the other search
|
||
warrants for the publication of these individuals who are named,
|
||
none of who have been indicted apparently, and obviously their
|
||
interest in, privacy interest should be protected. What
|
||
information could be redacted and what could be released remains
|
||
to be seen, but I'll just note for the record it seems to the
|
||
Court that there would be little that can be produced based upon
|
||
the Esquibel affidavit at least, but that is a concern to the
|
||
Court, although I don't think it's a total bar to the production
|
||
under exemption 7(C).
|
||
|
||
I think 7(D) is under the same formula, that is, could
|
||
reasonably be expected to disclose the identity of confidential
|
||
sources by the publication of these records. Again, obviously
|
||
there could be redaction. Again, there would have to be some
|
||
type of review to see whether redaction can be meaningful or not
|
||
and anything could be produced. The government's view is it
|
||
could not, but again, I don't think there's been any attempt yet
|
||
made to produce anything under that exemption, because the 7(A)
|
||
exemption is being relied primarily upon. I would note again
|
||
there would have to be redactions, and whether anything of
|
||
substance could be produced would have to be seen at a later
|
||
hearing if this matter goes forward.
|
||
|
||
So I'm going to rule primarily basically on the 7(A)
|
||
exemption that the production of these documents overall, without
|
||
relying on the sealing or not and without accepting the
|
||
circuitous argument that the plaintiff asserts the defendant is
|
||
engaged in, I think the defendant has not and has elected to
|
||
stand and fall on exemption 7(A) as applying because of the
|
||
entire documentation being produced at one time and one place
|
||
could reasonably be expected to constitute an unwarranted,
|
||
constitute an interference with the enforcement proceedings that
|
||
are ongoing.
|
||
|
||
So for those reasons, I'll grant the motion for summary
|
||
judgment of the defendant, and I'll issue an order incorporating
|
||
by reference this bench opinion.
|
||
|
||
------------------------------
|
||
|
||
Date: Thu, 23 Apr 92 16:52 GMT
|
||
From: "Essential Information, Inc." <0002633455@MCIMAIL.COM>
|
||
Subject: File 3--Ralph Nader/Cable TV/Information Networks (corrected)
|
||
|
||
"Ralph Nader/Cable TV/Information Networks"
|
||
|
||
From: Ralph Nader, Washington, DC
|
||
Date: April 16, 1992
|
||
|
||
Summary: Your help is needed to secure an amendment to pending
|
||
cable television legislation. The amendment would
|
||
create a mechanism to organize local Cable Consumer
|
||
Action Groups (CCAGs) to represent the interests of
|
||
consumers directly before regulatory and legislative
|
||
bodies. This proposal is an innovative way to create
|
||
countervailing power to some of the large corporate
|
||
interests that control our information infrastructure,
|
||
and it is a model that is highly relevant for users of
|
||
voice and data network services. Readers are asked to
|
||
sign a letter to Congress supporting this amendment.
|
||
Action is needed very soon. Respond to Jim Donahue,
|
||
Teledemocracy Project (Internet:
|
||
0002633455@mcimail.com)
|
||
|
||
|
||
Dear citizen:
|
||
|
||
As you may know, congress is currently considering cable
|
||
television legislation. Every television consumer should be
|
||
concerned about the outcome of this legislation, and particularly
|
||
citizens who are concerned about the future of information
|
||
technologies. The current fiasco with the cable industry is an
|
||
important example of the management of information technologies
|
||
for the benefit of a few corporate monopolists at the expense of
|
||
the many. Today nearly all americans are confronted with a
|
||
monopoly provider of cable video signals, who not only has total
|
||
control over what you can receive, but also what you pay.
|
||
|
||
Over the next 15 years we will see a rapid convergence of
|
||
information technologies. Soon it will be possible to transmit
|
||
voice, data, and video signals over the same fiber optic
|
||
telecommunications infrastructure. The fight over who will
|
||
control the content of information that flows over that
|
||
infrastructure, and how it will be priced, will define who can
|
||
send and who can receive information in digital form. As the use
|
||
of modern technologies increasingly makes it easier to meter the
|
||
consumption of information products and services, the gaps
|
||
between the information rich and information poor will continue
|
||
to grow.
|
||
|
||
The current battle over the regulation of the cable television
|
||
industry is an important step in a more general battle over the
|
||
control of our information infrastructure. This is a battle over
|
||
power and wealth, and also over democratic values, competition,
|
||
and enlightenment. Will we harness our great new information
|
||
technologies to promote a diversity of sources of information, or
|
||
will these technologies be used primarily as vehicles for
|
||
narrowly focused commercial interests, exercising monopoly power?
|
||
|
||
CABLE CONSUMER ACTION GROUPS (CCAG) AS COUNTERVAILING POWER
|
||
|
||
A number of consumer groups have asked Congress to adopt an
|
||
innovative proposal to help cable television subscribers organize
|
||
to represent their interests. Notices describing local Cable
|
||
Consumer Action Groups (CCAGs), which would be independent and
|
||
democratically controlled local organizations, would be placed in
|
||
the cable companies billings. The notices describe the purposes
|
||
and goals of the group and solicit funds for membership. The CCAG
|
||
would be required to reimburse the cable company for the
|
||
incremental costs of inserting the notice in the bill, so the
|
||
cost would not be a burden to the cable company or its
|
||
subscribers. These local subscriber consumer groups would then
|
||
monitor the policies and practices of the cable company, and
|
||
represent consumer interests in regulatory and legislative
|
||
proceedings and with the cable companies directly.
|
||
|
||
The cable industry is extremely active politically, contributing
|
||
millions of dollars to candidates for political office and
|
||
spending millions more in lobbying activities before legislative
|
||
and regulatory bodies. In the absence of something like the
|
||
CCAG, important public policy issues are debated in an extremely
|
||
unbalanced way. The CCAG is a modest but important step in
|
||
addressing a very corrupt system that regularly tramples on the
|
||
rights and interests of consumers.
|
||
|
||
Among the groups that have endorsed this proposal are:
|
||
|
||
Center for Media Education
|
||
Consumer Federation of America
|
||
New York City Commissioner of Consumer Affairs
|
||
Public Citizen
|
||
Teledemocracy Project
|
||
U.S. Public Interest Research Group
|
||
|
||
HAS IT BEEN TRIED BEFORE?
|
||
|
||
This proposal is based on the highly successful Citizen Utility
|
||
Board (CUB) model, which has represented ratepayers in several
|
||
states. The most successful CUB, in Illinois, has 170,000
|
||
members; its advocacy has saved consumers some $2 billion over
|
||
the past several years. Other CUBs exist in Wisconsin, Oregon
|
||
and San Diego. We want to see this innovation used nation wide
|
||
in the cable television industry. (Of course, it may well be a
|
||
model that has applications to other telecommunications issues.)
|
||
|
||
WHAT YOU CAN DO
|
||
|
||
|
||
|
||
The CCAG proposal was included in H.R. 4850, but was deleted by a
|
||
voice vote (in contrast to a recorded vote) in the House
|
||
Subcommittee on Telecommunications and Finance. The bill is now
|
||
in the full Energy and Commerce Committee, where committee
|
||
supporters will seek to restore the provision through an
|
||
amendment. We are asking you to send us an email message giving
|
||
permission to use your name in a letter to Congress supporting
|
||
this amendment. If you are willing to do so send the following
|
||
information to the Teledemocracy Project (internet:
|
||
0002633455@mcimail.com, or fax 202-234-5176).
|
||
|
||
Name:
|
||
Title: (optional)
|
||
Affiliation: (optional)
|
||
Address:
|
||
City and State: (important, for obvious reasons)
|
||
telephone: (for verification)
|
||
email address: optional
|
||
|
||
|
||
Thank you very much for your help on this.
|
||
|
||
Sincerely,
|
||
|
||
Ralph Nader
|
||
|
||
A copy of the letter follows:
|
||
|
||
-------------------------------------------------------------
|
||
|
||
|
||
LETTER
|
||
|
||
Chairman Edward Markey
|
||
Subcommittee on Telecommunications and Finance
|
||
Committee on Energy and Commerce
|
||
Washington, D.C. 20515
|
||
|
||
Dear Chairman Markey:
|
||
|
||
We are writing to support your "consumer representation"
|
||
amendment to H.R. 4850, the cable re-regulation bill. It is
|
||
imperative that new cable legislation provide a mechanism that
|
||
gives consumers a stronger voice in regulatory and legislative
|
||
debates. This amendment is ideal because it brings citizens into
|
||
the regulatory process at no cost to the government or the cable
|
||
industry.
|
||
|
||
Who in Congress can deny the unfairness of a system where the
|
||
owners of cable monopolies can use subscriber revenues for
|
||
lobbying purposes while consumers are left powerless and
|
||
unrepresented? This is only a small step toward curbing the
|
||
monopolistic power of the cable television industry. We urge the
|
||
House Energy and Commerce Committee to include your consumer
|
||
representation amendment in the cable bill.
|
||
|
||
Sincerely,
|
||
|
||
|
||
------------------------
|
||
|
||
|
||
|
||
For more information, contact:
|
||
|
||
Jim Donahue
|
||
Teledemocracy Project
|
||
voice: 202/387-8030
|
||
fax: 202/234-5176
|
||
Internet: 0002633455@mcimail.com
|
||
|
||
For a an email copy of the amendment contact Jim Donahue
|
||
(internet: 0002633455@mcimail.com).
|
||
|
||
------------------------------
|
||
|
||
Date: Mon, 20 Apr 1992 10:36:58 CDT
|
||
From: James P Love <LOVE@PUCC.BITNET>
|
||
Subject: File 4--Battle over Landsat/Public Domain (fr: Corp. Crime Rept)
|
||
|
||
++++++++++++++++++++++++++++Original message++++++++++++++++++++++++++++
|
||
|
||
Reprinted with permission from Corporate Crime Reporter.
|
||
|
||
[Corporate Crime Reporter is published by American Communications and
|
||
Publishing Co., Inc. 48 times a year. ISSN Number: 0897-4101.
|
||
Principal Editorial Offices: 1322 18th St, N.W., Washington, D.C. 20036.
|
||
Telephone: (202) 429-6928. Editor: Russell Mokhiber.]
|
||
|
||
Vol 6, No. 15, April 13, 1992.
|
||
|
||
STATES, ENVIRONMENTALISTS LAUNCH CAMPAIGN TO RETURN LANDSAT TO
|
||
PUBLIC DOMAIN. "A NASTY FIGHT IS BREWING"
|
||
|
||
A loose coalition of state officials and environmentalists has formed
|
||
to challenge the 1984 decision by the federal government to privatize
|
||
Landsat, the first satellite dedicated to the environment.
|
||
|
||
In a letter last month to Congressman James Scheuer (D-New York),
|
||
Chairman of the Subcommittee on the Environment of the House Science,
|
||
Space and Technology Committee, a number of environmental groups,
|
||
including Greenpeace, Sierra Club and the Environmental Defense Fund,
|
||
called for a "clean break with the patently unsuccessful %experiment
|
||
in commercialization'."
|
||
|
||
Landsat was first launched in 1972. Until 1984, the satellite was in
|
||
the public domain. State governments, environmental groups, and
|
||
universities used the data for a range of purposes, including
|
||
environmental management and enforcement of environmental laws.
|
||
|
||
In 1984, the Reagan Administration "commercialized" the satellite,
|
||
taking it out of the public's hands, and giving the data rights to a
|
||
private company owned by General Electric and Hughes, to sell on the
|
||
commercial market.
|
||
|
||
The coalition of users and environmental groups fighting to return
|
||
Landsat to the public domain argue that the "experiment in
|
||
commercialization" has been disastrous. High prices have dramatically
|
||
reduced the availability of the data to researchers, academics, and
|
||
conservationists. Images that once cost under $100 have now soared to
|
||
$4,500 per scene.
|
||
|
||
"At a time when destruction of tropical forests is recognized as an
|
||
international calamity, the Landsat sensors are infrequently even
|
||
turned on over the most threatened regions," the environmentalists
|
||
argued. "Those who need remote sensing most, namely conservationists
|
||
and third world natural resource agencies, are able to afford it
|
||
least."
|
||
|
||
Congressman George Brown (D-California) has introduced legislation
|
||
(H.R. 3614) that would take back some public control over the data
|
||
base. But the environmental groups are not happy with H.R. 3614. They
|
||
charge that H.R. 3614 sets up "a complicated system of partial
|
||
commercialization."
|
||
|
||
"It seems to us much better to simply eliminate %commercialization' as
|
||
rapidly as possible under existing contracts," they write.
|
||
|
||
In the letter to Scheuer, the groups argue for a return to the policy
|
||
in effect before 1984, thus making data available "to all who request
|
||
it at marginal cost of copying and distribution."
|
||
|
||
Hill staffers close to the impending battle predicted a bitter fight.
|
||
"A nasty fight is brewing," said one. "There are some former NASA
|
||
scientists who are hell-bent on returning Landsat into the public
|
||
fold. They believe that there is something wrong with commercializing
|
||
publicly funded data about the environment at prices only industry can
|
||
afford. And on the other hand, the big aerospace firms know how to
|
||
play hardball. GE and Hughes are not going to roll over and play
|
||
dead."%
|
||
|
||
------------------------------
|
||
|
||
Date: Tue, 21 Apr 92 19:34:20 EDT
|
||
From: "Ofer Inbar" <cos@CHAOS.CS.BRANDEIS.EDU>
|
||
Subject: File 5--Internet Society News
|
||
|
||
In Cu Digest 4.18, Michael Rosen wrote:
|
||
|
||
> "At negligible cost, in the span of a few weeks, an entirely virtual
|
||
> global publishing network involving nearly 150 correspondents has been
|
||
> assembled," Anthony M. Rutkowski, editor in chief of the _Internet
|
||
> Society News_, wrote in the first issue of the magazine, which was
|
||
> recently published.
|
||
|
||
> [No e-mail addresses were mentioned in the letter; do you have any
|
||
> knowledge of the addresses of anyone involved in this publication?]
|
||
|
||
From the inside front cover of the Internet Society News Vol 1 No 1:
|
||
|
||
Editor-in-Chief: Anthony-Michael Rutkowsky <amr@nri.reston.va.us>
|
||
<amr@media-lab.media.mit.edu> <amr@cernvax.cern.ch>
|
||
|
||
Associate Editor: Joyce K. Reynolds <jkrey@nri.reston.va.us>
|
||
|
||
Editorial Advisory Board:
|
||
Brian Carpenter <brian@cernvax.cern.ch>
|
||
Christian Huitema <huitema@mirsa.inria.fr>
|
||
Ole Jacobson <ole@csli.stanford.edu>
|
||
Carl Malamud <carl@malamud.com>
|
||
Joyce Reynolds <jkrey@nri.reston.va.us>
|
||
Mike Roberts <roberts@educom.edu>
|
||
Anthony Rutkowski <amr@nri.reston.va.us>
|
||
Mike Schwartz <schwartz@latour.colorado.edu>
|
||
Bernard Stockman <boss@sunet.se>
|
||
|
||
Internet Society Board of Trustees:
|
||
Hideo Aiso <aiso@sfc.keio.ac.jp>
|
||
Charles Brownstein <cbrownst@note.nsf.gov>
|
||
Vint Cerf <vcerf@nri.reston.va.us>
|
||
Lyman Chapin <lyman@bbn.com>
|
||
Ira Fuchs <fuchs@pucc.princeton.edu>
|
||
Frode Greisen <neufrode%neuvm1.bitnet@searn.sunet.se>
|
||
Juergen Harms <harms@cui.unige.ch>
|
||
Geoff Huston <g.huston@aarnet.edu.au>
|
||
Robert Kahn <rkahn@nri.reston.va.us>
|
||
Tomaz Kalin <kalin@ijs.ac.mail.yu>
|
||
Kenneth King <kmk@educom.edu>
|
||
Lawrence Landweber <lhl@cs.wisc.edu>
|
||
Anthony Rutkowski <amr@nri.reston.va.us> [temporary]
|
||
|
||
------------------------------
|
||
|
||
End of Computer Underground Digest #4.19
|
||
************************************
|
||
|
||
|
||
|