899 lines
43 KiB
Plaintext
899 lines
43 KiB
Plaintext
|
||
|
||
Computer underground Digest Wed Dec 8 1993 Volume 5 : Issue 92
|
||
ISSN 1004-042X
|
||
|
||
Editors: Jim Thomas and Gordon Meyer (TK0JUT2@NIU.BITNET)
|
||
Archivist: Brendan Kehoe
|
||
Shadow-Archivists: Dan Carosone / Paul Southworth
|
||
Ralph Sims / Jyrki Kuoppala
|
||
Ian Dickinson
|
||
Copy Editor: Craig Shergold, III
|
||
|
||
CONTENTS, #5.92 (Dec 8 1993)
|
||
File 1--Senator Simon Introduces Privacy Bill
|
||
File 2--Cantwell & Markey bills, GAO report, etc. online at EFF
|
||
File 3--ANNOUNCEMENT: DPSWG Crypto-Policy Statement to White House
|
||
File 4--A Superhighway Through the Wasteland?
|
||
File 5--Health Privacy Radio Program
|
||
File 6--Apple "Accepts" Texas Bigotry
|
||
|
||
Cu-Digest is a weekly electronic journal/newsletter. Subscriptions are
|
||
available at no cost electronically from tk0jut2@mvs.cso.niu.edu. The
|
||
editors may be contacted by voice (815-753-0303), fax (815-753-6302)
|
||
or U.S. mail at: Jim Thomas, Department of Sociology, NIU, DeKalb, IL
|
||
60115.
|
||
|
||
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 the PC-EXEC BBS at (414) 789-4210; and on: Rune Stone BBS (IIRG
|
||
WHQ) (203) 832-8441 NUP:Conspiracy; RIPCO BBS (312) 528-5020
|
||
CuD is also available via Fidonet File Request from 1:11/70; unlisted
|
||
nodes and points welcome.
|
||
EUROPE: from the ComNet in LUXEMBOURG BBS (++352) 466893;
|
||
In ITALY: Bits against the Empire BBS: +39-461-980493
|
||
|
||
ANONYMOUS FTP SITES:
|
||
AUSTRALIA: ftp.ee.mu.oz.au (128.250.77.2) in /pub/text/CuD.
|
||
EUROPE: ftp.funet.fi in pub/doc/cud. (Finland)
|
||
UNITED STATES:
|
||
aql.gatech.edu (128.61.10.53) in /pub/eff/cud
|
||
etext.archive.umich.edu (141.211.164.18) in /pub/CuD/cud
|
||
ftp.eff.org (192.88.144.4) in /pub/cud
|
||
halcyon.com( 202.135.191.2) in /pub/mirror/cud
|
||
ftp.warwick.ac.uk in pub/cud (United Kingdom)
|
||
KOREA: ftp: cair.kaist.ac.kr in /doc/eff/cud
|
||
|
||
COMPUTER UNDERGROUND DIGEST is an open forum dedicated to sharing
|
||
information among computerists and to the presentation and debate of
|
||
diverse views. CuD material may be reprinted for non-profit as long
|
||
as the source is cited. Authors hold a presumptive copyright, and
|
||
they should be contacted for reprint permission. It is assumed that
|
||
non-personal mail to the moderators may be reprinted unless otherwise
|
||
specified. Readers are encouraged to submit reasoned articles
|
||
relating to computer culture and communication. Articles are
|
||
preferred to short responses. Please avoid quoting previous posts
|
||
unless absolutely necessary.
|
||
|
||
DISCLAIMER: The views represented herein do not necessarily represent
|
||
the views of the moderators. Digest contributors assume all
|
||
responsibility for ensuring that articles submitted do not
|
||
violate copyright protections.
|
||
|
||
----------------------------------------------------------------------
|
||
|
||
Date: Tue, 1 Dec 1993 14:04:41 EST
|
||
From: Alert@washofc.cpsr.org
|
||
Subject: File 1--Senator Simon Introduces Privacy Bill
|
||
|
||
Extracted from CPSR ALERT, #2.06, 1 December, 1993
|
||
|
||
[1] Senator Simon Introduces Major Privacy Bill
|
||
|
||
Senator Paul Simon (D-IL) has introduced legislation to create a
|
||
privacy agency in the United States. The bill is considered the most
|
||
important privacy measure now under consideration by Congress.
|
||
|
||
The Privacy protection Act of 1993, designated S. 1735, attempts to
|
||
fill a critical gap in US privacy law and to respond to growing public
|
||
concern about the lack of privacy protection.
|
||
|
||
The Vice President also recommended the creation of a privacy agency
|
||
in the National Performance Review report on reinventing government
|
||
released in September.
|
||
|
||
The measure establishes a commission with authority to oversee the
|
||
Privacy Act of 1974, to coordinate federal privacy laws, develop model
|
||
guidelines and standards, and assist individuals with privacy matters.
|
||
However, the bill lacks authority to regulate the private sector, to
|
||
curtail government surveillance proposals, and has a only a small
|
||
budget for the commission.
|
||
|
||
Many privacy experts believe the bill is a good first step but does not
|
||
go far enough.
|
||
|
||
The Senate is expected to consider the bill in January when it returns
|
||
to session.
|
||
|
||
|
||
-------------------------------------------------------------
|
||
|
||
[2] Senator Simon's Statement on Introduction
|
||
(From the Congressional Record, November 19, 1993)
|
||
|
||
Mr. Simon. "Mr. President, I am introducing legislation today to
|
||
create a Privacy Protection Commission. The fast-paced growth in
|
||
technology coupled with American's increasing privacy concerns demand
|
||
Congress take action.
|
||
|
||
"A decade ago few could afford the millions of dollars necessary for a
|
||
mainframe computer. Today, for a few thousand dollars, you can purchase
|
||
a smaller, faster, and even more powerful personal computer. Ten years
|
||
from now computers will likely be even less expensive, more accessible,
|
||
and more powerful. Currently, there are "smart" buildings, electronic
|
||
data "highways", mobile satellite communication systems, and
|
||
interactive multimedia. Moreover, the future holds technologies that we
|
||
can't even envision today. These changes hold the promise of
|
||
advancement for our society, but they also pose serious questions about
|
||
our right to privacy. We should not fear the future or its technology,
|
||
but we must give significant consideration to the effect such
|
||
technology will have on our rights.
|
||
|
||
"Polls indicate that the American public is very concerned about this
|
||
issue. For example, according to a Harris-Equifax poll completed this
|
||
fall, 80 percent of those polled were concerned about threats to their
|
||
personal privacy. In fact, an example of the high level of concern is
|
||
reflected in the volume of calls received by California's Privacy
|
||
Rights Clearinghouse. Within the first three months of operation. The
|
||
California Clearinghouse received more than 5,400 calls. The
|
||
Harris-Equifax poll also reported that only 9 percent of Americans felt
|
||
that current law and organizational practices adequately protected
|
||
their privacy. This perception is accurate. The Privacy Act of 1974
|
||
was created to afford citizens broad protection. Yet, studies and
|
||
reviews of the act clearly indicate that there is inadequate specific
|
||
protection, too much ambiguity, and lack of strong enforcement.
|
||
|
||
"Furthermore, half of those polled felt that technology has almost
|
||
gotten out of control, and 80 percent felt that they had no control
|
||
over how personal information about them is circulated and used by
|
||
companies. A recent article written by Charles Piller for MacWorld
|
||
magazine outlined a number of privacy concerns. I ask unanimous consent
|
||
the article written by Charles Piller be included in the record
|
||
following my statement. These privacy concerns have caused the public
|
||
to fear those with access to their personal information. Not
|
||
surprisingly, distrust of business and government has significantly
|
||
climbed upwards from just three years ago.
|
||
|
||
"In 1990, the United States General Accounting Office reported that
|
||
there were conservatively 910 major federal data banks with billions of
|
||
individual records. Information that is often open to other
|
||
governmental agencies and corporations, or sold to commercial data
|
||
banks that trade information about you, your family, your home, your
|
||
spending habits, and so on. What if the data is inaccurate or no longer
|
||
relevant? Today's public debates on health care reform, immigration,
|
||
and even gun control highlight the growing public concern regarding
|
||
privacy.
|
||
|
||
"The United States has long been the leader in the development of
|
||
privacy policy. The framers of the Constitution and the Bill of Rights
|
||
included an implied basic right to privacy. More than a hundred years
|
||
later, Brandeis and Warren wrote their famous 1890 article, in which
|
||
they wrote that privacy is the most cherished and comprehensive of
|
||
all rights. International privacy scholar Professor David Flaherty has
|
||
argued successfully that the United States invented the concept of a
|
||
legal right to privacy. In 1967, Professor Alan Westin wrote privacy
|
||
and freedom, which has been described as having been of primary
|
||
influence on privacy debates world-wide. Another early and
|
||
internationally influential report on privacy was completed in 1972
|
||
by the United States Department of Health, Education, and Welfare
|
||
advisory committee. A Few years later in 1974, Senator Sam Ervin
|
||
introduced legislation to create a federal privacy board. The result
|
||
of debates on Senator Ervin's proposal was the enactment of the
|
||
Privacy Act of 1974. The United States has not addressed privacy
|
||
protection in any comprehensive way since.
|
||
|
||
"International interest in privacy and in particular data protection
|
||
dramatically moved forward in the late 1970's. In 1977 and 1978 six
|
||
countries enacted privacy protection legislation. As of September
|
||
1993, 27 countries have legislation under consideration. I ask
|
||
unanimous consent that a list of those countries be included in the
|
||
record following my statement. Among those considering legislation are
|
||
former Soviet Block countries Croatia, Estonia, Slovakia, and
|
||
Lithuania. Moreover, the European Community Commission will be adopting
|
||
a directive on the exchange of personal data between those countries
|
||
with and those without data or privacy protection laws.
|
||
|
||
"Mr. President, a Privacy Protection Commission is needed to restore
|
||
the public's trust in business and government's commitment to
|
||
protecting their privacy and willingness to thoughtfully and seriously
|
||
address current and future privacy issues. It is also needed to fill
|
||
in the gaps that remain in federal privacy law.
|
||
|
||
"The Clinton Administration also recognizes the importance for
|
||
restoring public trust. A statement the Office of Management and Budget
|
||
sent to me included the following paragraph:
|
||
|
||
[T]he need to protect individual privacy has become increasingly
|
||
important as we move forward on two major initiatives, Health
|
||
Care Reform and the National Information Infrastructure. The
|
||
success of these initiatives will depend, in large part, on the
|
||
extent to which Americans trust the underlying information
|
||
systems. Recognizing this concern, the National Performance
|
||
Review has called for a commission to perform a function similar
|
||
to that envisioned by Senator Simon. Senator Simon's bill
|
||
responds to an issue of critical importance.
|
||
|
||
"In addition, the National Research Council recommends the creation of
|
||
'an independent federal advisory body ...' In their newly released
|
||
study, Private Lives and Public Policies.
|
||
|
||
"It is very important that the Privacy Protection Commission be
|
||
effective and above politics. Toward that end, the Privacy Protection
|
||
Commission will be advisory and independent. It is to be composed of 5
|
||
members, who are appointed By the President, by and with the consent of
|
||
the Senate, with no more than 3 from the same political party. The
|
||
members are to serve for staggered seven year terms, and during their
|
||
tenure on the commission, may not engage in any other Employment.
|
||
|
||
"Mr. President, I am concerned about the creation of additional
|
||
bureaucracy; therefore the legislation would limit the number of
|
||
employees to a total of 50 officers and employees. The creation of an
|
||
independent Privacy Protection Commission is imperative. I have
|
||
received support for an independent privacy protection commission from
|
||
consumer, civil liberty, privacy, library, technology, and law
|
||
organizations, groups, and individuals. I ask unanimous consent that a
|
||
copy of a letter I have received be included in the record following my
|
||
statement.
|
||
|
||
"What the commission's functions, make-up, and responsibilities are
|
||
will certainly be debated through the Congressional process. I look
|
||
forward to hearing from and working with a broad range of individuals,
|
||
organizations, and businesses on this issue, as well as the
|
||
administration.
|
||
|
||
"I urge my colleagues to review the legislation and the issue, and join
|
||
me in support of a privacy protection commission. I ask unanimous
|
||
consent that the text of the bill be included in the record."
|
||
|
||
-------------------------------------------------------------
|
||
|
||
[3] Privacy Commission Bill Section Headings
|
||
|
||
|
||
Section 1. Short Title.
|
||
Section 2. Findings and Purpose.
|
||
Section 3. Establishment of a Privacy Protection Commission.
|
||
Section 4. Privacy Protection Commission.
|
||
Section 5. Personnel of The Commission.
|
||
Section 6. Functions of The Commission.
|
||
Section 7. Confidentiality of Information.
|
||
Section 8. Powers of the Commission.
|
||
Section 9. Reports and Information.
|
||
Section 10. Authorization of Appropriations.
|
||
|
||
A full copy of the bill, floor statement and other materials will
|
||
be made available at the CPSR Internet Library.
|
||
|
||
------------------------------
|
||
|
||
From: Stanton McCandlish <mech@EFF.ORG>
|
||
Subject: File 2--Cantwell & Markey bills, GAO report, etc. online at EFF
|
||
Date: Tue, 7 Dec 1993 17:36:43 -0500 (EST)
|
||
|
||
Maria Cantwell's bill, which would reduce ITAR export restrictions on
|
||
cryptography, is online at EFF's ftp site:
|
||
|
||
ftp.eff.org, %ftp/pub/eff/legislation/cantwell.bill
|
||
(AKA .../legislation/hr3627)
|
||
|
||
Also recently added to the archives:
|
||
|
||
The Markey bill, which deals with the coming "data superhighway" or
|
||
"national information infrastructure", and which incorporates much of
|
||
EFF's Open Platform proposal:
|
||
|
||
%ftp/pub/eff/legislation/markey.bill (AKA .../legislation/hr3636)
|
||
|
||
The Cyberpoet's Guide to Virtual Culture, much like the Big Dummy's Guide
|
||
to the Internet, but a more advanced and specific compendium of net.info.
|
||
Highly recommended:
|
||
|
||
%ftp/pub/eff/papers/cyber/cyberpoet.gvc
|
||
|
||
The govt. General Accounting Office's report on communications privacy, a
|
||
must see! Criticizes NSA involvement in crafting national crypto-policy,
|
||
and makes many other important points:
|
||
|
||
%ftp/pub/eff/crypto-policy/osi-94-2.gao
|
||
|
||
------------------------------
|
||
|
||
Date: Tue, 7 Dec 1993 17:17:50 -0500 (EST)
|
||
From: Stanton McCandlish <mech@EFF.ORG>
|
||
Subject: File 3--ANNOUNCEMENT: DPSWG Crypto-Policy Statement to White House
|
||
|
||
NOTICE: This is the letter from the Digital Privacy and Security
|
||
Working Group sent to the White House 12/06/93, urging the
|
||
Administration to lift export controls on DES, RSA and other mass
|
||
market encryption without requiring legislation.
|
||
|
||
Some erroneous press reports have said the DPSWG (see letter
|
||
signatories) were making a Clipper/Skipjack "deal". This is not true.
|
||
The letter makes it clear that Clipper as originally proposed is not
|
||
viable, and that in any form it is to be implemented only if it's use
|
||
is completely voluntary and ONLY if current restrictions on mass
|
||
market encryption software are removed, so that the right to choose
|
||
one's own methods of privacy and security is retained, and American
|
||
businesses can effectively and openly compete in the expanding
|
||
international market for encryption products.
|
||
|
||
For more details please see the third paragraph of the letter, below.
|
||
|
||
+----------------------------------------------
|
||
|
||
DIGITAL PRIVACY AND SECURITY WORKING GROUP
|
||
|
||
1001 G Street, NW
|
||
Suite 950 East
|
||
Washington, DC 20001
|
||
|
||
Jerry Berman 202/347-5400
|
||
Leah Gurowitz 202/393-1010
|
||
December 6, 1993
|
||
|
||
The President
|
||
The White House
|
||
Washington, DC 20500
|
||
|
||
Dear Mr. President:
|
||
|
||
On April 16, 1993, you initiated a broad industry/government
|
||
review of privacy and cryptography policies at the same time that the
|
||
Administration unveiled its Clipper Chip proposal. The Digital
|
||
Privacy and Security Working Group -- a coalition of over 50
|
||
communications and computer companies and associations, and consumer
|
||
and privacy advocates --has been working with members of your
|
||
Administration to develop policies which will reflect the realities of
|
||
the digital information age, the need to provide individuals at work
|
||
and home with information security and privacy, and the importance of
|
||
preserving American competitiveness.
|
||
|
||
The Digital Privacy and Security Working Group is committed to
|
||
the proposition that computer users worldwide should be able to choose
|
||
their encryption programs and products, and that American programs and
|
||
products should be allowed to compete in the world marketplace. In
|
||
our discussions with Administration officials, we have expressed the
|
||
Coalition's tentative acceptance of the Clipper Chip's encryption
|
||
scheme (as announced on April 16, 1993), but only if it is available
|
||
as a voluntary alternative to widely-available, commercially-accepted,
|
||
encryption programs and products.
|
||
|
||
Thus, we applaud repeated statements by Administration
|
||
officials that there is no intent to make the Clipper Chip mandatory.
|
||
One key indication of whether the choice of encryption regimes will be
|
||
truly voluntary, however, is the ability of American companies to
|
||
export computer programs and products employing other strong
|
||
encryption algorithms (e.g. DES and RC2/RC4 at comparable strengths)
|
||
demanded by customers worldwide. In this regard, we commend to your
|
||
attention legislation introduced by Rep. Maria Cantwell (H.R. 3627)
|
||
that would liberalize existing export controls on software with
|
||
encryption capabilities. Of course, such legislation would not be
|
||
necessary if the Administration acts to accomplish such export control
|
||
liberalization on its own. As part of your on-going encryption review
|
||
and decision-making, we strongly urge you to do so.
|
||
|
||
As your Administration concludes its review of this issue,
|
||
representatives of the Digital Privacy and Security Working Group
|
||
remain available to meet with Administration officials at any time.
|
||
|
||
|
||
Sincerely,
|
||
|
||
|
||
American Civil Liberties Union IBM
|
||
|
||
Apple Computer, Inc. Information Industry Association
|
||
|
||
Business Software Alliance Information Technology Association of
|
||
America
|
||
Committee on Communications and
|
||
Information Policy, IEEE-USA Iris Associates, Inc.
|
||
|
||
Computer and Business Equipment Lotus Development Corporation
|
||
Manufacturers Association
|
||
Microsoft Corporation
|
||
Crest Industries, Inc.
|
||
Oracle Corporation
|
||
Digital Equipment Corporation
|
||
Prodigy Services Company
|
||
EDUCOM
|
||
Software Publishers Association
|
||
Electronic Frontier Foundation
|
||
Sun Microsystems, Inc.
|
||
Electronic Messaging Association
|
||
Telecommunications Industry Association
|
||
GKI Cryptek Division
|
||
Trusted Information Systems
|
||
Hewlett-Packard Company
|
||
|
||
|
||
|
||
|
||
cc: John Podesta, Office of the President
|
||
George Tenet, National Security Council
|
||
Mike Nelson, Office of Science and Technology Policy
|
||
Ray Kammer, National Institute of Standards and Technology
|
||
Steve Aoki, National Security Council
|
||
Geoff Greiveldinger, Department of Justice
|
||
|
||
|
||
+---------------------------------------------------
|
||
|
||
This document and others on related topics are archived at ftp.eff.org,
|
||
%ftp/pub/eff/crypto-policy.
|
||
|
||
------------------------------
|
||
|
||
Date: Wed, 8 Dec 1993 14:46:58 -0800
|
||
From: Anonymous <tk0jut2@mvs.cso.niu.edu>
|
||
Subject: File 4--A Superhighway Through the Wasteland?
|
||
|
||
((MODERATORS' NOTE: The following op-ed letter to the New York Times
|
||
has been widely circulated across the nets. It is not amenable to
|
||
summary, and the importance of the issue requires intact reproduction.
|
||
Thanks to the various readers who forwarded it over to us)).
|
||
|
||
A Superhighway Through the Wasteland?
|
||
By Mitchell Kapor and Jerry Berman
|
||
Source: New York Times, 24 Nov., 1993 / Op-Ed Column
|
||
|
||
Washington--Telecommunications and cable TV executives, seeking to
|
||
allay concerns over their proposed megamergers, insist that the coming
|
||
electronic superhighway will be an educational and informational tool
|
||
as well as a cornucopia of interactive entertainment. Allow the
|
||
marriage between entertainment and communications giants, we are told,
|
||
and they will connect students with learning resources, provide a
|
||
forum for political discourse, increase economic competitiveness and
|
||
speed us into the multimedia information age.
|
||
|
||
Both broadcast and cable TV were introduced with similar fanfare. The
|
||
results have been disappointing. Because of regulatory failure and the
|
||
limits of the technology, they failed to be saviors of education or
|
||
political life. We love the tube but recognize that it is largely a
|
||
cultural wasteland.
|
||
|
||
For the Government to break this cycle of promise and disappointment,
|
||
communications mergers should be approved or barred based on detailed,
|
||
enforceable commitments that the electronic superhighway will meet
|
||
public goals. The amount of electronic material the superhighway can
|
||
carry is dizzying compared to the relatively narrow range of broadcast
|
||
TV and the limited number of cable channels. Properly constructed and
|
||
regulated, it could be open to all who wish to speak, publish and
|
||
communicate.
|
||
|
||
None of the interactive services will be possible, however, if we have
|
||
an eight-lane data superhighway rushing into every home and only a
|
||
narrow footpath coming back out. Instead of settling for a multimedia
|
||
version of the same entertainment that is increasingly dissatisfying
|
||
on today's TV, we need a superhighway that encourages the production
|
||
and distribution of a broader, more diverse range of programming.
|
||
|
||
The superhighway should be required to provide so-called open platform
|
||
services. In today's channel-based cable TV system, program producers
|
||
must negotiate for channel space with cable companies around the
|
||
country. In an open platform network, we would avoid that bottleneck.
|
||
Every person would have access to the entire superhighway, so
|
||
programmers could distribute information directly to consumers.
|
||
|
||
Consumers would become producers: individuals and small organizations
|
||
could create and distribute programs to anyone on the highway who
|
||
wants them. Open platform services will spur diversity in the
|
||
electronic media, just as low production and distribution costs make
|
||
possible a wide variety of newspapers and magazines.
|
||
|
||
To prevent abuses by media giants that because of recent Federal court
|
||
decisions will control the pipeline into the home and much of the
|
||
content delivered over it, we need new laws. Like today's phone
|
||
companies, the companies controlling the superhighway must be required
|
||
to carry other programmers' content, just as phone companies must
|
||
provide service to anyone who is willing to pay for it. We must
|
||
guarantee that anyone who, say, wants to start an alternative news
|
||
network or a forum for political discussion is given an outlet to do
|
||
so.
|
||
|
||
Americans will come to depend on the superhighway even more than they
|
||
need the telephone. The guarantee of universal telephone service must
|
||
be expanded to include universal access to the superhighway. Although
|
||
market forces will help keep the new technology affordable, we need
|
||
laws to protect consumers when competition fails.
|
||
|
||
And because several companies will operate the highway, each must be
|
||
required to interconnect with the others. Likewise, the new computers
|
||
that will give us access to the superhighway should be built according
|
||
to commonly accepted standards.
|
||
|
||
Also, even an open, competitive market will leave out organizations
|
||
with limited resources such as schools and libraries. To compensate
|
||
for market oversights, we must insure that money -- whether through
|
||
Federal support or a tax on the companies that will control the
|
||
superhighway -- is made available to these institutions. Finally,
|
||
people won't use the new technology unless they feel that their
|
||
privacy is protected. Technical means, such as recently developed
|
||
encryption techniques, must be made available to all users. And clear
|
||
legal guidelines for individual control over access to and reuse of
|
||
personal information must be established. Companies that sell
|
||
entertainment services will have a record of what their customers'
|
||
interests are; these records must remain confidential.
|
||
|
||
Bell Atlantic, T.C.I., Time-Warner, U.S. West and other companies
|
||
involved in proposed mergers have promised to allow the public full
|
||
access to the superhighway. But they are asking policy makers to trust
|
||
that, profits aside, they will use their new positions for the public
|
||
good.
|
||
|
||
Rather than opposing mergers or blindly trusting competition to shape
|
||
the data highways, Congress should make the mergers hinge on detailed
|
||
commitments to provide affordable services to all Americans. Some
|
||
legislators, led by Representative Ed Markey, Democrat of
|
||
Massachusetts, are working to enact similar requirements; these
|
||
efforts deserve support.
|
||
|
||
The best approach would be to amend these requirements to the
|
||
Communications Act of 1934. Still the central law on open access, an
|
||
updated Communications Act would codify the terms of a new social
|
||
contract between the the telecommunications industry and the American
|
||
people.
|
||
|
||
Mitchell Kapor is chairman of the Electronic Frontier Foundation, a
|
||
nonprofit group that promotes civil liberties in digital media. He was
|
||
a founder of the Lotus Development Corporation, from which he resigned
|
||
in 1986. Jerry Berman is executive director of the foundation.
|
||
|
||
------------------------------
|
||
|
||
Date: Sat, 27 Nov 1993 13:55:06 -0800
|
||
From: Matt Binder <binder@WELL.SF.CA.US>
|
||
Subject: File 5--Health Privacy Radio Program
|
||
|
||
((MODERATORS' NOTE: A few months ago, Matt Binder solicited
|
||
information from a number of people on computer privacy for a segment
|
||
on privacy in the health industry. At the time, concerns were raised
|
||
that it might be another cyber-scare drama, but those familiar with
|
||
Matt's local (Bay Area, Calif.) reputation allayed suspicions. His
|
||
story justified their opinion, and we reprint it below)).
|
||
|
||
Working on the story was a real education for me, (getting to meet
|
||
all kinds of interesting people is one of the main reasons why I'm
|
||
a reporter) and I had a few good coincidences that added some
|
||
"atmosphere" to the piece. I've included the entire script below,
|
||
I hope I'm not being presumptuous.
|
||
|
||
The show in which my 8.5 minute piece aired is called "The
|
||
Communications Revolution, produced by the Telecommunications Radio
|
||
Project, which is headquartered at KPFA-FM in Berkeley. The
|
||
project is funded by the California Public Utilities Commission,
|
||
through the Telecommunications Education Trust (TET), which is
|
||
basically money that was overpaid to Pac Bell by its customers.
|
||
Other TET grantees are Gregg McVicar's "Privacy Project", and Beth
|
||
Given's "Privacy Rights Clearinghouse" in San Diego. Our project
|
||
is a series of 13 one hour, live, satellite- linked panel
|
||
discussion and call-in shows that air on about thirty stations
|
||
around the country (but especially in California).
|
||
|
||
show: HEALTH PRIVACY Matt Binder 11/12/93 draft FINAL
|
||
|
||
****************************************************************
|
||
*** cut 1 *** dramatic reading of Hippocratic Oath (Ed Markman)
|
||
in: "I swear by Apollo Physician, by Asclepius, by Health, and
|
||
by all the gods and goddesses that I will carry out this oath:
|
||
into whatsoever houses I enter, I will enter to help the sick,
|
||
and whatsoever I shall see or hear in the course of my
|
||
profession, if it be what should not be published abroad, I will
|
||
never divulge, holding such things to be holy secrets...."
|
||
(then fade)
|
||
****************************************************************
|
||
|
||
SINCE THE TIME OF ANCIENT GREECE, DOCTORS HAVE UNDERSTOOD THE
|
||
SENSITIVE NATURE OF THEIR PROFESSION, AND HAVE RECITED THIS, THE
|
||
HIPPOCRATIC OATH, AS A PROMISE OF CONFIDENTIALITY. UNTIL
|
||
RECENTLY PHYSICIANS HAVE KEPT THE SECRETS OF THEIR PATIENTS IN
|
||
THEIR HEADS, OR ON PIECES OF PAPER IN A FILE. AND THEY'VE BEEN
|
||
THE GATEKEEPERS FOR OTHERS WANTING TO SEE THIS EXTREMELY PRIVATE
|
||
INFORMATION. BUT NOW, FOR SOME VERY GOOD REASONS, THAT'S ALL
|
||
BEGINNING TO CHANGE.
|
||
|
||
+----------------------------------------------------------------
|
||
+--- ambience 1 --- dialysis machine (2:00)
|
||
+----------------------------------------------------------------
|
||
+----------------------------------------------------------------
|
||
+--- ambience 2 --- ventilator (2:00)
|
||
+----------------------------------------------------------------
|
||
+----------------------------------------------------------------
|
||
+--- ambience 3 --- Dr. Ting talking to patient (1:30)
|
||
(3 possible starting points)
|
||
+----------------------------------------------------------------
|
||
|
||
AT THE DIALYSIS UNIT AT EL CAMINO HOSPITAL IN MOUNTAINVIEW
|
||
CALIFORNIA, DOCTOR GEORGE TING USES A COMPUTER TO KEEP RECORDS,
|
||
ORDER TESTS AND PRESCRIBE DRUGS FOR HIS PATIENTS. HE SAYS THE
|
||
COMPUTER SAVES HIM HOURS EACH WEEK, AND CAN EVEN SAVE LIVES...
|
||
|
||
****************************************************************
|
||
*** cut 2 *** Dr. Ting :15
|
||
in: "For instance if you're ordering a medication on a patient,
|
||
it automatically gives you the most common prescribing doses and
|
||
frequency. It does make it less likely that you're gonna make
|
||
some major mistake, prescribing ten times the usual amount."
|
||
(then fade)
|
||
****************************************************************
|
||
|
||
+----------------------------------------------------------------
|
||
+--- ambience 4 --- Nurse Holt working at computer (1:10)
|
||
+----------------------------------------------------------------
|
||
|
||
+----------------------------------------------------------------
|
||
+--- ambience 5 --- computer printer (1:05)
|
||
+----------------------------------------------------------------
|
||
|
||
NURSE JUDY HOLT IS AN EVEN STRONGER PROPONENT OF THE COMPUTER.
|
||
WHEN NEW DOCTORS COME TO THE HOSPITAL AND RESIST USING THE
|
||
COMPUTER SYSTEM, SHE AND OTHER NURSES PRESSURE THEM TO GET WITH
|
||
THE PROGRAM...
|
||
|
||
****************************************************************
|
||
*** cut 3 *** Holt :17
|
||
in: "We're all anxious to help them learn how to use the
|
||
computer because it saves us time, it saves the possibility of
|
||
transcription errors, it saves: 'I can't read this doctor's
|
||
writing, what on earth does it say,' and if three of us looked at
|
||
it and can't figure it out, we've gotta call him..."
|
||
(then fade)
|
||
****************************************************************
|
||
|
||
BUT THE COMPUTERIZATION OF MEDICAL RECORDS HAS A DOWNSIDE:
|
||
AMASSING HUGE DATABASES OF SENSITIVE INFORMATION COULD OPEN THE
|
||
DOOR TO PRIVACY INVASIONS ON A SCALE UNIMAGINABLE WITH PAPER
|
||
FILES. IT'S ALREADY HAPPENING. INSURANCE COMPANIES AND DIRECT
|
||
MARKETERS, AIDED BY COMPUTERS ALL LINKED TOGETHER BY PHONE LINES
|
||
ARE FINDING WAYS TO GET AHOLD OF MEDICAL DATA, AND THEY'RE
|
||
SELLING AND TRADING IT ACROSS VAST NETWORKS.
|
||
|
||
+----------------------------------------------------------------
|
||
+--- ambience 6 --- Taylor answering door on Halloween (1:00)
|
||
in: "Trick or Treat!..."
|
||
+----------------------------------------------------------------
|
||
|
||
IT'S HALLOWEEN NIGHT AT THE HOME OF MARY ROSE TAYLOR IN
|
||
SPRINGFIELD MASSACHUSETTS. TAYLOR RECENTLY FOUND OUT HOW EASY IT
|
||
IS TO GET TRAPPED IN ONE OF THOSE DATA WEBS. SHE APPLIED FOR
|
||
HEALTH INSURANCE BUT WAS REJECTED BECAUSE OF A COMPUTER ERROR AT
|
||
THE MEDICAL INFORMATION BUREAU, OR MIB, A HUGE MEDICAL DATABASE
|
||
KEPT BY INSURANCE COMPANIES...
|
||
|
||
****************************************************************
|
||
*** cut 4 *** Taylor :20
|
||
in: "They had my name on a urinalysis that wasn't mine, and
|
||
they refused to think that there was any kind of mistake or
|
||
mixup, and I went without insurance for a year and a half, and
|
||
had to literally go to my state representative, the insurance
|
||
commissioner just to have it corrected."
|
||
****************************************************************
|
||
|
||
TAYLOR TOLD MIB AND HER INSURANCE COMPANY THAT SHE'D HAD ONLY A
|
||
BLOOD TEST, NOT A URINE TEST, AND THEREFORE THE ABNORMAL
|
||
URINALYSIS COULDN'T POSSIBLY BE HERS. BUT THE INSURANCE COMPANY
|
||
INSISTED THAT SHE GAVE A URINE SAMPLE, THAT IT SHOWED THERE WAS
|
||
SOMETHING WRONG WITH HER, THOUGH THEY WOULDN'T TELL HER WHAT IT
|
||
WAS...
|
||
|
||
****************************************************************
|
||
*** cut 5 *** Taylor :14
|
||
in: "At one point the risk manager had me in tears (sniff). He
|
||
was very nasty, really. You know, and his words, what he said to
|
||
me was that computers don't make mistakes. I said I agree, but
|
||
the people that feed the computer do.
|
||
****************************************************************
|
||
|
||
+----------------------------------------------------------------
|
||
+--- ambience 5 comes up full again --- more Halloween sound
|
||
(then fades out completely before next cut starts)
|
||
+----------------------------------------------------------------
|
||
|
||
****************************************************************
|
||
*** cut 6 *** Anonymous (ALTERED VOICE) :10
|
||
in: "I'm paying fifteen thousand a year for disability,
|
||
personal disability and medical insurance, and that seems like a
|
||
whole heck of a lot of money..." (then fade)
|
||
****************************************************************
|
||
|
||
ANOTHER VICTIM OF A MEDICAL INFORMATION BUREAU ERROR IS THIS
|
||
DOCTOR FROM SOUTHERN CALIFORNIA WHO WANTS TO REMAIN ANONYMOUS.
|
||
WHEN SHE ASKED HER INSURANCE COMPANY WHY HER RATES WERE SO HIGH,
|
||
THEY TOLD HER THAT HER MIB FILE SHOWED THAT SHE HAD ALZHEIMER'S
|
||
DISEASE AND A HEART CONDITION...
|
||
|
||
****************************************************************
|
||
*** cut 7 *** Anonymous (ALTERED VOICE) :23
|
||
in: "Here I am a physician who works sixteen hours a day, who's
|
||
never been in the hospital has Alzheimer's disease and a heart
|
||
attack!? That doesn't make sense. I don't think computers and
|
||
the people who put information into the computer are advanced
|
||
enough to have such control over our lives."
|
||
****************************************************************
|
||
|
||
****************************************************************
|
||
*** cut 8 *** Binder stand-up at MIB :24
|
||
in: "I'm now standing outside the entrance to MIB Incorporated
|
||
in Westwood Massachusetts. I've been trying for over two months
|
||
to get an interview with the president of the company, Neil Day.
|
||
He says he doesn't have the time, and no one else can speak for
|
||
the company. But he did admit during a telephone conversation we
|
||
had that four percent of the 16 million computerized medical
|
||
records in this building do have errors in them."
|
||
****************************************************************
|
||
|
||
****************************************************************
|
||
*** cut 9 *** Smith :10
|
||
in: "I don't think MIB really needs the good will of consumers,
|
||
as does a retail store, and in many ways the less known about MIB
|
||
the better perhaps for insurance companies."
|
||
****************************************************************
|
||
|
||
ROBERT ELLIS SMITH IS THE EDITOR OF PRIVACY JOURNAL IN PROVIDENCE
|
||
RHODE ISLAND...
|
||
|
||
****************************************************************
|
||
*** cut 10 *** Smith :23
|
||
in: "The ancient Greeks knew as others did that for medical
|
||
care to work properly, you have to be totally candid to your
|
||
doctor. But now instead of a one on one relationship there is a
|
||
triangle among the provider, your insurance company and your
|
||
employer, and medical information about us flows throughout that
|
||
triangle without our participation. And that's the crisis we're
|
||
in right now."
|
||
****************************************************************
|
||
|
||
AFTER THE INSURERS AND EMPLOYERS, IT'S PHARMACEUTICAL COMPANIES
|
||
AND DIRECT MARKETERS THAT ARE THE MOST AVID COMPILERS OF MEDICAL
|
||
INFORMATION. SOME OF THESE COMPANIES HAVE TOLL-FREE TELEPHONE
|
||
NUMBERS YOU CAN CALL TO GET FREE SAMPLES OF THEIR PRODUCTS. WHAT
|
||
THEY DON'T TELL YOU WHEN YOU CALL IS THAT YOUR PHONE NUMBER AND
|
||
OFTEN YOUR NAME AND ADDRESS AUTOMATICALLY POPS UP ON THEIR
|
||
COMPUTER SCREENS, AND YOUR PERSONAL PROBLEM, WHETHER IT BE
|
||
ALLERGIES OR HEMORRHOIDS GOES RIGHT INTO THEIR DATABASE. AGAIN
|
||
THE COMPANIES THAT RUN THESE DATABASES REFUSED TO TALK ABOUT
|
||
THEM.
|
||
|
||
+-----------------------------------------------------------------
|
||
+--- ambience 6 --- Apter talking on phone
|
||
+----------------------------------------------------------------
|
||
|
||
ONE MAN WHO'S NOT SHY AT ALL ABOUT HIS DATABASE SNOOPING IS JOE
|
||
APTER, PRESIDENT OF TELEPHONIC-INFO INCORPORATED OF SAINT
|
||
PETERSBURG FLORIDA. HIS COMPANY ACTUALLY HAS A PRICE LIST OF
|
||
INFORMATION YOU CAN OBTAIN: $49 FOR SOMEONE'S SOCIAL SECURITY
|
||
NUMBER; $299 WILL GET YOU SOMETHING CALLED A "MEDICAL PROFILE"
|
||
THAT APTER WOULDN'T ELABORATE ON, BUT WHICH HE SAYS COMES FROM
|
||
LEGAL SOURCES...
|
||
|
||
****************************************************************
|
||
*** cut 11 *** Apter :24
|
||
in: "There are people out there that are providing medical
|
||
records on an illegal basis. And the method they would use to
|
||
obtain that would be a pretext into a doctor, and they'd have to
|
||
know the doctor, or a pretext in the insurance company to get
|
||
that information. We don't do that.
|
||
|
||
or: *** alternate cut 11 *** Apter :24
|
||
in: "You and I are leaving threads as we go around, and we find
|
||
those threads and we weave them together to get a picture. There
|
||
are people out there that are providing medical records on an
|
||
illegal basis. We don't do that."
|
||
****************************************************************
|
||
|
||
****************************************************************
|
||
*** cut 12 *** Hippocratic oath
|
||
(fades in under last cut, up full for a couple of seconds, then
|
||
under next cut, then up again after next cut.)
|
||
****************************************************************
|
||
|
||
****************************************************************
|
||
*** cut 13 *** Smith :22
|
||
in: "I think the answer is for patients to insist that doctors
|
||
go back to that ancient ethical standard, and insist that they
|
||
not disclose information about them without their informed
|
||
consent totally. The concept of informed consent about the
|
||
release of medical information seems to have gotten lost in the
|
||
modern age."
|
||
****************************************************************
|
||
|
||
(Hippocratic Oath comes up full again, then down briefly for soc
|
||
out)
|
||
|
||
I'M MATT BINDER FOR THE COMMUNICATIONS REVOLUTION.
|
||
|
||
------------------------------
|
||
|
||
Date: Wed, 8 Dec 1993 16:15:33 EST
|
||
From: CuD Moderators <cudigest@mindvox.phantom.com>
|
||
Subject: File 6--Apple "Accepts" Texas Bigotry
|
||
|
||
Last week, the Williamson County (Texas) Commissioners denied Apple
|
||
Computer, Inc., tax incentives for building a new facility. The
|
||
reason, the commissioners explained, was their opposition to Apple's
|
||
policy of extending health benefits to the partners of gay and
|
||
unmarried couples. The logic, according to the commissioners, was
|
||
that a county subsidy would amount to an endorsement of an "immoral"
|
||
lifestyle. Such bigotry is intolerable as we move into the 21st
|
||
century, and we are saddened to see it endorsed by the Texas
|
||
Republican Party, as reported in the first story below.
|
||
|
||
Excerpts from the second story indicated a face-saving "compromise" by
|
||
the commissioners. Apple's acceptance of the compromise is, we feel,
|
||
inappropriate. The commissioners (and the Texas Republican Party) have
|
||
made it clear that gays and others of whom they disapprove are
|
||
unwelcome. We question whether such a climate is appropriate for
|
||
Apple, considered by most to be a principled and progressive
|
||
corporation. If it is clear that the community's homophobic attitudes
|
||
are translated into policies and action, it would seem that at least
|
||
some of Apple's employees will find themselves in a hostile
|
||
environment. Perhaps Apple should reconsider its acceptance
|
||
lest its employees find themselves in the back of the bus.
|
||
|
||
+++++++++++++
|
||
|
||
"Texas GOP Praises Vote Against Gays"
|
||
Source: Chicago Tribune, 5 December, 1993 (p. A-8)
|
||
|
||
Associated Press
|
||
|
||
AUSTIN, Texas--The Texas Republican Party is praising three county
|
||
commissioners who voted against tax abatements for Apple Computer Inc.
|
||
because the company grants health benefits to partners of gay and
|
||
lesbian employees.
|
||
|
||
The state Republican Executive Committee commended the three
|
||
commissioners Saturday "for having the courage to say taxpayers should
|
||
not be forced to subsidize behavior that they believe to be immoral and
|
||
illegal."
|
||
|
||
In a 3-2 vote Tuesday, the Williamson County Commission denied
|
||
$750,000 in tax abatements that Apple had sought for building an $80
|
||
million sales support center that would employ 700 people.
|
||
|
||
The three commissioners said they opposed Apple's benefits policy.
|
||
|
||
Apple later said it was committed to the policy and had been swamped
|
||
by offers to build in other communities.
|
||
|
||
====================================================================
|
||
|
||
"Anti-gay Texas Board Finds way to Welcome Apple and its Riches"
|
||
Source: Chicago Tribune, 8 December, I993 (p. I-6)
|
||
|
||
Associated Press
|
||
|
||
GEORGETOWN, Texas--Gary rights leaders called it a triumph over
|
||
prejudice, and others said it was proof that cold cash prevails.
|
||
Whatever the reason, Williamson County compromised Tuesday on its
|
||
objection to Apple Computer Inc.'s benefits policy or unmarried
|
||
employees.
|
||
|
||
One week after rejecting a proposed tax break for Apple, county
|
||
commissioners voted 3-2 Tuesday for an alluring financial
|
||
alternative. Apple said it will accept.
|
||
|
||
((The story continues that Apple's new customer support center would
|
||
bring 1,700 jobs to the area over the next 7 years, an that the impact
|
||
of construction and other indirect sources would add another 4,000 new
|
||
jobs. The story summarizes the information published in the Sunday
|
||
Tribune story)).
|
||
|
||
The new incentive plan will reimburse taxes paid by Apple in
|
||
exchange for giving the county the right of way for roads and
|
||
other improvements on the Apple site.
|
||
|
||
"Jobs prevailed over prejudice," said David Smith of the National
|
||
Gay and Lesbian Task Force.
|
||
|
||
Not according to some conservatives. "Once again, we see an
|
||
entity of government that has sold out its moral beliefs for
|
||
economic growth," said Jeff Fisher, state director of the
|
||
American Family Association.
|
||
|
||
The story concludes by noting that Commissioner David Hays switched
|
||
his vote, even though opposed to the policy. He did so because the
|
||
compromise does not tacitly support a gay benefits policy as he felt
|
||
the previous one did.
|
||
|
||
------------------------------
|
||
|
||
End of Computer Underground Digest #5.92
|
||
************************************
|
||
|
||
|
||
|