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Computer underground Digest Wed Dec 15 1994 Volume 5 : Issue 94
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ISSN 1004-042X
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Editors: Jim Thomas and Gordon Meyer (TK0JUT2@NIU.BITNET)
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Archivist: Brendan Kehoe
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Shadow-Archivists: Dan Carosone / Paul Southworth
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Ralph Sims / Jyrki Kuoppala
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Ian Dickinson
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Copy Editor: Craig Shergold, III
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CONTENTS, #5.94 (Dec 15 1994)
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File 1--EFF Policy on Cryptography and Privacy / 8 Dec '93
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File 2--CPSR Clipper Letter to Clinton
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File 3--EFF Statement on Markey Infrastructure Bill
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File 4--Child Porn Bust in North Carolina
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File 5--Complaints prompt Patent Office hearings on SOFTWARE PATENTS
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File 6--Edited ASIS '94 Mid Year Meeting Announcement
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Cu-Digest is a weekly electronic journal/newsletter. Subscriptions are
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available at no cost electronically from tk0jut2@mvs.cso.niu.edu. The
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editors may be contacted by voice (815-753-0303), fax (815-753-6302)
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or U.S. mail at: Jim Thomas, Department of Sociology, NIU, DeKalb, IL
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60115.
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Issues of CuD can also be found in the Usenet comp.society.cu-digest
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news group; on CompuServe in DL0 and DL4 of the IBMBBS SIG, DL1 of
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LAWSIG, and DL1 of TELECOM; on GEnie in the PF*NPC RT
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libraries and in the VIRUS/SECURITY library; from America Online in
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the PC Telecom forum under "computing newsletters;"
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On Delphi in the General Discussion database of the Internet SIG;
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on the PC-EXEC BBS at (414) 789-4210; and on: Rune Stone BBS (IIRG
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WHQ) (203) 832-8441 NUP:Conspiracy; RIPCO BBS (312) 528-5020
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CuD is also available via Fidonet File Request from 1:11/70; unlisted
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nodes and points welcome.
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In ITALY: Bits against the Empire BBS: +39-461-980493
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ANONYMOUS FTP SITES:
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UNITED STATES:
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aql.gatech.edu (128.61.10.53) in /pub/eff/cud
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ftp.eff.org (192.88.144.4) in /pub/cud
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ftp.warwick.ac.uk in pub/cud (United Kingdom)
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KOREA: ftp: cair.kaist.ac.kr in /doc/eff/cud
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COMPUTER UNDERGROUND DIGEST is an open forum dedicated to sharing
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information among computerists and to the presentation and debate of
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diverse views. CuD material may be reprinted for non-profit as long
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as the source is cited. Authors hold a presumptive copyright, and
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DISCLAIMER: The views represented herein do not necessarily represent
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violate copyright protections.
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----------------------------------------------------------------------
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Date: Mon, 13 Dec 93 12:13:24 -0800
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From: ygoland@HURRICANE.SEAS.UCLA.EDU
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Subject: File 1--EFF Policy on Cryptography and Privacy / 8 Dec '93
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EFF ANNOUNCES ITS OFFICIAL POLICY ON CRYPTOGRAPHY AND PRIVACY
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Strongly opposes original Clipper/Skipjack plan,
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reiterates the need to lift restrictions on encryption
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December 8, 1993
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The Electronic Frontier Foundation is pleased to announce its
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formal policy on encryption.
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This is particularly timely, because yesterday the New York Times
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announced that the Digital Privacy and Security Working Group had
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proposed to trade support for the administration's proposed Clipper
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Chip for a lifting of the long-standing export embargo on robust
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domestic encryption.
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This was a misunderstanding of what the DPSWG offered the
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administration in this proposal, leading to the belief that both the
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DPSWG (a coalition of over 50 computer, communications, and privacy
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organizations and associations) and it's principal coordinating
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organization, the Electronic Frontier Foundation, have offered to ease
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their opposition to Clipper.
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We see it as a pragmatic effort to get the government to wiggle on
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these issues: one step in the right direction, with many more to
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follow. This step is that we insist that use of Clipper and key
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escrow must be completely voluntary. It's not voluntary if users of
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the Skipjack algorithm are forced to use key escrow. It's not
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voluntary if users who do choose escrow are forced to use the
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government's choice of escrow agents. It's not voluntary if
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manufacturers such as AT&T are pressured into withdrawing competing
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products. It's not voluntary when competing products can't be sold in
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a worldwide market. It's not voluntary if the public can't see the
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algorithm they are "volunteering" to use. It's not voluntary if the
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government will require anyone to use Skipjack or escrow, even when
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communicating with the government.
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The Working Group chose to state this in a diplomatic fashion by
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applauding "repeated statements by Administration officials that there
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is no intent to make the clipper chip mandatory". They were diplomatic
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for two reasons. First, they believe the Administration has gotten this
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message. Clipper was announced in April and was supposed to be
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available in the Summer. It is December, the escrow system is still
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uncertain, and the Administration is still drafting a report which was
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due in July. If they still don't get it, the coalition has a 100 page
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white paper documenting the case against clipper and the case for
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lifting export controls, which they will release in response to any
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Administration position favoring Clipper.
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The second reason is that the coalition was trying to use the
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introduction of the Rep. Cantwell's bill eliminating many export
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controls on crypto to try, one more time, to urge the Administration
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to make voluntariness meaningful by unilaterally lifting export
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controls. Even if the Working Group and the Administration can't
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agree on Clipper, EFF and the Working Group needed to continue
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pressing the export issue.
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But NSA is digging in, and a legislative fight looks more likely.
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If diplomacy fails, EFF must fight for our rights. Thus, we are
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going to need all the allies we can find, from IBM, Apple, Lotus,
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and Sun, to cryptographers, cypherpunks, and folks on the net.
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EFF wants the public and the Administration to know (as we have
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frequently stated to them face to face) that the Electronic Frontier
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Foundation would fight to the end any attempt by the Administration to
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do any more than let companies use Clipper if they want and to let people
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buy it if they want -- and only in a market which has other strong
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encryption schemes available because export controls have been lifted.
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Under truly voluntary conditions, the EFF would be proud to say, "We
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have expressed ... tentative acceptance of the Clipper Chip's
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encryption scheme ... only if it is available as a voluntary
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alternative to widely-available, commercially-accepted encryption
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programs and products." We would applaud the Government for employing
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NSA's substantial expertise to devise improved encryption schemes --
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like DES and Skipjack -- and deploying them to improve our society's
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privacy and security.
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We hope that the Clinton Administration can agree to take this single
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step. Here is the whole journey we'd like to begin. If you share our
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path, we need your help and support -- please join EFF. Send the end of
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this document for details.
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Electronic Frontier Foundation Policy on Cryptography & Privacy
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(Approved November 11, 1993)
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Digital technology is rapidly rendering our commercial activities and
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communications -- indeed, much of our personal lives -- open to scrutiny by
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strangers. Our medical records, political opinions, personal financial
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transactions, and intimate affairs now pass over digital networks where
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governments, employers, insurance companies, business competitors, and
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others who might turn our private lives against us can examine them with
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increasing ease and detail.
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The Electronic Frontier Foundation believes that Americans must be allowed
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access to the cryptographic tools necessary to protect their own privacy.
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We will work toward making the following principles the official policies
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of the U. S. Government:
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1. Private access to cryptography must be unhindered:
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* There must be no laws restricting domestic use of cryptography.
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* There must be no restrictions on the export of products, services,
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or information because they contain cryptographic algorithms.
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2. Cryptography policy and technical standards must be set in open,
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public forums:
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* All participants in the policy debate on these issues, particularly
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law enforcement and national security agencies, must submit their arguments
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to public scrutiny.
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* Any civilian encryption standard must be published and exposed to
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rigorous public challenge.
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3. Encryption must become a part of the information infrastructure to
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provide security, to protect privacy, and to provide each individual
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control over his or her own identity.
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* Each user must be free to choose whether or not to use key escrow,
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and who should have copies of their keys, if anyone.
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* Government at all levels should explore cryptography's potential to
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replace identity-based or dossier-based systems, such as driver's licenses,
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credit cards, checks, and passports with less invasive technology.
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4. New technologies must not erode constitutional protections,
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particularly the right to speak, publish, and assemble, and to be free from
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unreasonable searches and seizures .
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* There must be no broadening of governmental access to private
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communications and records, through wiretap law or otherwise, unless there
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is a public consensus that the risks to safety outweigh the risks to
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liberty and that our safety will actually be increased by the broadened
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access.
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***
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The Electronic Frontier Foundation recognizes that the combination of
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digital communications and encryption technology does indeed threaten
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some of law enforcement's current investigative techniques.
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We also recognize that encryption will prevent many of the online
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crimes that will likely occur without it. We further believe that
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these technologies will create new investigative tools for law
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enforcement, even as they obsolete old ones. Entering this new
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environment, private industry, law enforcement, and private citizens
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must work together to balance the requirements of both liberty and
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security. But technology halts for no one, not even the law.
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***
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For Electronic Frontier Foundation membership info, send email to
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membership@eff.org. For basic EFF details, send email to info@eff.org.
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Other queries should be sent to ask@eff.org.
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--
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Stanton McCandlish mech@eff.org 1:109/1103 EFF Online Activist & SysOp
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------------------------------
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Date: Thu, 9 Dec 1993 11:21:50 EST
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From: David Sobel <dsobel@WASHOFC.CPSR.ORG>
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Subject: File 2--CPSR Clipper Letter to Clinton
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Clipper Letter to Clinton
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On December 6, the Digital Privacy and Security Working Group, a
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"coalition of over 50 communications and computer companies and
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associations, and consumer and privacy advocates" coordinated by the
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Electronic Frontier Foundation, sent a letter to President Clinton
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concerning cryptography policy. The letter states, "In our
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discussions with Administration officials, we have expressed the
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Coalition's tentative acceptance of the Clipper Chip's encryption
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scheme (as announced on April 16, 1993), but only if it is available
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as a voluntary alternative to widely-available, commercially-accepted,
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encryption programs and products."
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The Washington Office of Computer Professionals for Social
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Responsibility (CPSR) has sent the following letter to the President.
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We believe that the position stated in this letter continues to
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represent the views of the vast majority of network users, as
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reflected in the overwhelmingly critical comments submitted to the
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National Institute of Standards and Technology in response to its
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recent solicitation of public comments on the Clipper proposal.
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==================================================================
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December 8, 1993
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The President
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The White House
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Washington, DC 20500
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Dear Mr. President,
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We are writing to you regarding the Clipper cryptography
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proposal now under consideration by the White House and a
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letter you may have received about the proposal from a group
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called the "Digital Privacy and Security Working Group."
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This group wrote to you recently and expressed their
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"tentative acceptance" of the Clipper Chip encryption scheme.
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We disagree with their views. This group has made a grave
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mistake and does not speak for the many users of computer
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networks and developers of network services who have
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vigorously opposed this proposal.
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We are very much concerned about the Clipper proposal.
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At its core is the dubious premise that the government
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should have the authority to design communications networks
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that facilitate wire surveillance. The plan was developed in
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secret by the National Security Agency over the objection
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of U.S. firms, professional associations and public interest
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organizations. Key details about the proposal remain
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classified.
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This proposal must not be endorsed. The development of
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open, unclassified standards is critical for the future of the
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nation's communications infrastructure. Progress and
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innovation depend on the free exchange of scientific and
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technical information. It is essential to the integrity of
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the scientific process that standards are openly created and
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available for public review.
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There is also a great need to ensure that future networks
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are designed with the highest levels of privacy and security
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possible. As our country becomes ever more dependent on the
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high-speed network, the need for secure systems will only
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increase. The Clipper proposal purposefully cripples the
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security of the network and reduces the privacy protection
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that users could otherwise obtain.
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There is another still more serious problem with the
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Clipper proposal. An agency with the authority to conduct
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wiretaps must not be allowed to impose technical standards to
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facilitate wire surveillance. The threat to Constitutional
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democracy is clear. A system of checks and balances is
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essential to ensure that the powerful investigative tools of
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government are properly controlled.
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We have followed the development of this proposal with
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great concern. We have testified before Congressional
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committees. We have appeared before agency panels, provided
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reports on wire surveillance, and debated the former FBI
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Director on national television. We have also sponsored
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conferences with full participation from across the federal
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government. We believe that the best policies will result from
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an open and unrestricted exchange of views.
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It is our assessment that you must not permit adoption of
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the Clipper technical standard, even on a voluntary basis. At
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a time when the country should be moving toward open standards
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designed for commercial networks, the Clipper proposal asks
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future users of the nation's information infrastructure to
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accept a standard intended for the Cold War era. It is a
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backward-looking plan that serves neither the interests of the
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American people nor American business.
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The adoption of the Clipper proposal would also ratify an
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unlawful process that has undermined the authority of Congress
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and weakened the mechanisms of government accountability. The
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proper authority for the development of this standard never
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rested with the NSA. Under the Computer Security Act of 1987,
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it was a civilian agency that was to develop appropriate
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standards for the nation's commercial networks. Through a
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series of secret executive orders, the NSA usurped the
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authority of the National Institute of Standards and
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Technology, substituted its own proposal for those of NIST,
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and effectively derailed this important policy process.
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When the computer user community had the opportunity to
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voice its position on this proposal, it rejected the plan
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overwhelmingly. The notice and comment process conducted by
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the Department of Commerce earlier this year resulted in
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nearly uniform opposition to the Clipper proposal. It would be
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hard to find a technical standard more disliked by the
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potential user community.
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While we support the relaxation of export controls on
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cryptography, we are not willing to concede to the NSA the
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right to develop secret standards. It is only because the
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National Security Agency also exerts influence on export
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control policy that the Digital Privacy coalition is prepared
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to endorse the Clipper standard in exchange for new
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opportunities to market products. It may be a good deal for
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the coalition members, but it is a terrible outcome for the
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rest of the country.
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We very much appreciate your efforts on behalf of open
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government, and your work with the Vice President and the
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Secretary of Commerce to develop the nation's information
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infrastructure. We believe that these efforts are sending our
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country in the right direction, helping to develop advanced
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technologies appropriate for a democratic nation and to
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preserve open and accountable government.
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But the Clipper proposal was not a creation of your
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administration. It is a relic from a period that is now
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moving rapidly into the history books, a time when secret
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agencies made secret decisions and when backroom deals with
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powerful, private interests sustained these arrangements.
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It is time to end this cynical form of policy making.
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We ask you to reject the deal put forward by the Digital
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Privacy and Security Working Group. The Clipper proposal
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should not go forward.
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We would be pleased to meet with members of your
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administration to discuss this matter further.
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Sincerely yours,
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Marc Rotenberg, Director
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David Sobel, Legal Counsel
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Dave Banisar, Policy Analyst
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CPSR Washington office
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cc: The Vice President
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Secretary Ron Brown, Department of Commerce
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Anthony Lake, National Security Council
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Computer System Security and Privacy Advisory Board
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------------------------------
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Date: Wed, 15 Dec 1993 11:19:32 EST
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From: Electronic Frontier Foundation <eff@eff.org>
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Subject: File 3--EFF Statement on Markey Infrastructure Bill
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((Reprinted from EFFector On-Line, #6.07 - 10 December, '93))
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EFF Position Statement on and Summary of Bill HR-3636
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National Communications Competition and Information Infrastructure Act
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of 1993 Introduced by Reps. Markey, Fields and Boucher
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On Monday, November 22, 1993, House Telecommunications and Finance
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Subcommittee Chairman Edward Markey (D-Mass.), Minority Chairman Jack
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Fields (R-Tex.), and other cosponsors introduced the "National
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Communications Competition and Information Infrastructure Act of
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1993." The legislation, which incorporates EFF's Open Platform
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philosophy, is built on four concepts: open platform services, the
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entry of telephone companies into video cable service, universal
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service, and competition in the local telephone market.
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Of all pending telecommunications legislation, Markey's bill is the
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only one with a vision of an open, accessible network which supports a
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true diversity of information sources. The legislation proposes a
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major restructuring of the Communications Act of 1934 in order to
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account for changes in technology, market structure, and people's
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increasingly advanced information access needs.
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EFF recommends strong support for the bill. For the bill to realize
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its goals however, the following key changes are necessary:
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* Require Open Platform Services to be tariffed at reasonable, affordable
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rates;
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* Strengthen non-discriminatory video dialtone access rules and eliminate
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current five year sunset provision;
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* Add information infrastructure access to the definition of universal
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service, and ensure public interest participation in redefinition of
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universal service obligations;
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* Ensure that all telecommunication providers pay a fair share of
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universal service costs.
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These are EFF's primary concerns about the bill. We hope to broaden our
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position and understanding of the bill based on the views of other
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interested groups. This is a summary of the main points of the legislation
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along with EFF positions and comments.
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OPEN PLATFORM
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Open platform service is designed to give residential subscribers
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access to voice, data, and video digital telephone service on a switched,
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end-to-end basis. With Open Platform service widely available, individuals
|
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and organizations would have ready access to a variety of important
|
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applications on the information highway, including distance learning,
|
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telemedicine, telecommuting, the Internet, and many more. The bill directs
|
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the Federal Communications Commission to investigate the policy changes
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needed to provide open platform service at affordable rates, but fails to
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require telecommunications carriers to tariff the service.
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ACTION NEEDED: The Open Platform concept should be enthusiastically
|
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supported, but the bill as written fails to ensure that Open Platform
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service will be widely available at affordable rates. Those who care about
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affordable, equitable access to new information media should demand that
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local telephone companies be required to tariff Open Platform services
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within a specific timeframe.
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ENTRY OF TELEPHONE COMPANIES INTO VIDEO PROGRAMMING
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|
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The bill promotes the entry of telephone companies into video cable
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service and seeks to benefit consumers by spurring competition in the cable
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television industry. The bill would rescind the ban on telephone company
|
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ownership and delivery of video programming that was enacted in the Cable
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Act of 1984. Telephone companies would be allowed to provide video
|
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programming, through a separate subsidiary, to subscribers in its telephone
|
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service area.
|
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Telephone companies would be required to provide video services
|
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through a "video platform," that would be open, in part, to all video
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programming providers. The bill adopts a set of regulations originally
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||
proposed by the Federal Communications Commission (FCC) called "Video
|
||
Dialtone." Under video dialtone rules, telephone companies would be
|
||
required to allow other content providers to offer video programming to
|
||
subscribers using the same video platform as used by the telephone company,
|
||
on a non-discriminatory basis. Other providers would be allowed to use up
|
||
to 75 percent of the video platform capacity. To encourage telephone
|
||
companies to actually invest in new information infrastructure, they would
|
||
be prohibited from buying existing cable systems within their telephone
|
||
service territory, with only tightly drawn exceptions.
|
||
|
||
However, the video dialtone requirement would end in five years, after
|
||
which telephone companies would have no requirement at all to provide
|
||
non-discriminatory access to their video platform.
|
||
|
||
ACTION NEEDED: Video dialtone is a useful starting point for structuring
|
||
non-discriminatory video access, but its provisions must be strengthened.
|
||
First, there should be no fixed expiration date for the video dialtone
|
||
requirements. An open platform for video information is critical to the
|
||
free flow of information in society. These requirements should be relaxed
|
||
only when it is clear than there are sufficient alternatives throughout the
|
||
country for distribution of video and multimedia information Alternatives
|
||
would include widely available, affordable Open Platform service capable of
|
||
carrying full-motion, video programming. Second, stronger safeguards
|
||
against anti-competitive behavior are necessary.
|
||
|
||
Finally, more explicit provisions assuring access for third party video
|
||
servers are needed to ensure the all programmers can use video dialtone to
|
||
disseminate their video programs. Video dialtone rules fail to consider
|
||
how to guarantee third party access to interactive functions of a video
|
||
dialtone platform. Interactive technology is so new and untested that it
|
||
has hard to legislate about it at this point. The FCC should, however, be
|
||
instructed to study this issue as new interactive capabilities become
|
||
available.
|
||
|
||
UNIVERSAL SERVICE
|
||
|
||
One of the goals of the bill is to "preserve universal
|
||
telecommunications at affordable rates." To achieve this goal, the bill
|
||
would establish a joint Federal-State Board (made up of FCC members and
|
||
state regulators) to devise a framework for ensuring continued universal
|
||
service. The Board would be required to define the nature and extent of
|
||
the services encompassed within a telephone company's universal service
|
||
obligation. The Board also would be charged with promoting access to
|
||
advanced telecommunications technology.
|
||
|
||
The FCC is required to prescribe standards necessary to ensure that
|
||
advances in network capabilities and services deployed by common carriers
|
||
are designed to be accessible to individuals with disabilities, unless an
|
||
undue burden is posed by such requirements. Additionally, within one year
|
||
of enactment, the bill requires the FCC to initiate an inquiry to examine
|
||
the effects of competition in the provision of both telephone exchange
|
||
access and telephone exchange service furnished by rural carriers.
|
||
|
||
ACTION NEEDED: Include an explicit requirement that advanced digital
|
||
access services be included in the universal service definition as soon as
|
||
is practical. Create a mechanism for public interest participation in the
|
||
process of defining the components of universal service in the information
|
||
age.
|
||
|
||
VIDEO PLATFORM AND FRANCHISE REQUIREMENTS
|
||
|
||
Any telephone company that establishes a video platform would be required
|
||
to meet 1992 Cable Act standards concerning customer privacy rights,
|
||
consumer protection, and customer service. Telephone companies would be
|
||
required to meet the same standards as cable companies for diversity in
|
||
commercial programming, to assure that the broadest possible information
|
||
sources are made available to the public. Like cable companies, telephone
|
||
companies would be required to comply with public, educational, and
|
||
governmental (PEG) access rules. Telephone companies also would be
|
||
required to meet standards concerning re-transmission consent for cable
|
||
systems.
|
||
|
||
Some Cable Act requirements concerning cable companies would expressly not
|
||
be applicable to telephone companies. These include: general franchise
|
||
requirements; franchise fees; regulation of rates; regulation of services,
|
||
facilities, and equipment; consumer electronics equipment compatibility;
|
||
modification of franchise obligations; renewal proposals; conditions of
|
||
sale; unauthorized reception of cable service; equal employment; limitation
|
||
on franchising authority liability; and coordination of federal, state, and
|
||
local authority.
|
||
|
||
Instead of Cable Act compliance, the legislation provides that a video
|
||
programming affiliate of any telephone company that establishes a video
|
||
platform would be subject to the payment of fees imposed by a local
|
||
franchising authority. The rate at which these fees would be imposed cannot
|
||
exceed the rate at which franchise fees are imposed on any operator
|
||
transmitting video programming in the same service area.
|
||
|
||
LOCAL COMPETITION
|
||
|
||
In order to promote competition in local telecommunications
|
||
service, the bill requires that local telephone companies open their
|
||
networks to competitors who wish to interconnect with the public switched
|
||
telephone network. These interconnect rules will enable any other network
|
||
operator to offer basic telephone service as well as advanced data services
|
||
in direct competition with the local phone company. The FCC would be
|
||
required to establish rules for compensating local telephone companies for
|
||
providing interconnection and equal access.
|
||
|
||
ACTION NEEDED: Local competition can be a benefit to consumers and spur
|
||
the development of innovative new services, as long as all interconnecting
|
||
networks pay their fair share of the cost of using the public telephone
|
||
network. All who interconnect should be required to support the cost of
|
||
basic universal service.
|
||
|
||
For More Information Contact:
|
||
|
||
Daniel J. Weitzner, Senior Staff Counsel
|
||
202-347-5400
|
||
djw@eff.org
|
||
|
||
Copies of the legislation and this summary are available on EFF's
|
||
Internet FTP site: ftp.eff.org, in the directory
|
||
pub/eff/legislation/hr3636 and hr3636.summary. More information on
|
||
EFF's Open Platform initiative can be found in pub/eff/papers/o*,
|
||
particularly the file op2.0.
|
||
|
||
------------------------------
|
||
|
||
Date: Mon, 13 Dec 1993 13:57:12 EST
|
||
From: Bill Seward <seward@CCVS2.CC.NCSU.EDU>
|
||
Subject: File 4--Child Porn Bust in North Carolina
|
||
|
||
The following item is from the Dec. 12, 1993 Greensboro (NC) News &
|
||
Record.
|
||
|
||
[Start]
|
||
"Police charge man with pornography" (Associated Press)
|
||
|
||
A Salisbury [NC] man was charged Friday with operating a computer
|
||
bulletin board known as "Munchkin-Land," which povided access to nude
|
||
photographs of young girls, federal authorities said.
|
||
|
||
Charges were filed in federal court in Greensboro against Terry James
|
||
Closner, 37. Closner has agreed to forfeit 58 computer disks and more
|
||
than $9,000 in computer equipment seized in September from his home, a
|
||
federal agent said.
|
||
|
||
If convicted, Closner faces up to 10 years in federal prison and fines
|
||
up to $250,000 that depend partly on whether he profited from child
|
||
pornography.
|
||
|
||
Closner was charged in a bill of information alleging that he traded
|
||
in minors engaging in sexually explicit conduct of masterbation, sexual
|
||
intercourse and lascivious exhibition," the Winston-Salem (NC)
|
||
Journal reported.
|
||
|
||
A two-year international investigation into the
|
||
computerized-pronography trade in the United States led to 31 searches
|
||
in 15 states and U.S. cities.
|
||
[End]
|
||
|
||
I assume that this must have been one of the 31 searches, although it is
|
||
not explicitly stated as such.
|
||
|
||
------------------------------
|
||
|
||
Date: Wed, 15 Dec 1993 19:04:44 -0800
|
||
From: Jim Warren <jwarren@WELL.SF.CA.US>
|
||
Subject: File 5--Complaints prompt Patent Office hearings on SOFTWARE PATENTS
|
||
|
||
Complaints prompt Patent Office hearings on SOFTWARE PATENTS
|
||
|
||
Just got these [incomplete] details from Jon Erickson, Editor-in-Chief
|
||
of my old "home," Dr. Dobb's Journal [please repost freely]:
|
||
|
||
The Patent and Trademark Office will be issuing (or, perhaps, has just
|
||
issued) a, "Request for Comments on Intellectual Property Protection
|
||
for Software-Related Inventions," with at least some of the comments
|
||
apparently to be presented at two 2-day public hearings:
|
||
|
||
Jan 26-27, San Jose Convention Center, San Jose CA
|
||
Feb 11-12, Crystal Forum, Crystal City Convention Center, Arlington VA
|
||
|
||
Jon first heard of this as an incidental comment by Patent
|
||
Commissioner Bruce Lehman (an ex-D.C. patent attorney) at the joint
|
||
BRIE-DoC conference held in the San Francisco Bay Area in October.
|
||
BRIE is the Berkeley Roundtable on the International Economy, in which
|
||
Clinton Economist Laura Tyson was active. Reportedly, all sorts of
|
||
DoC undersecretaries were in attendance, as was DoC Ron Brown. And,
|
||
reportedly, they and Undersecretary Lehman received a heated earfull
|
||
of vehement complaints about the software-patent mess. It was at that
|
||
time that Lehman made an incidental comment that they were planning
|
||
hearings on this, early in '94. As of three weeks ago, they still
|
||
hadn't firmed up dates - so this is apparently "hot off the wire."
|
||
(Jon will be addressing it in the Feb'94 DDJ, the earliest issue in
|
||
which he could insert details, once he got 'em.)
|
||
|
||
Seems to me that of us who prefer freedom of logic, rather than
|
||
corporate monopoly of rationality (sez I, provocatively :-) should get
|
||
geared up to saturate that RFC and those hearings with pro-freedom
|
||
testimony and specific proposals. I got these details after business
|
||
hours in D.C., so don't yet know how to file a comment or request to
|
||
be heard. When I know more, you'll know more.
|
||
|
||
[I'm *wildly* backlogged on my email - perhaps 2,000 messages behind.
|
||
So, if you need to communicate with me about this, better call
|
||
(415-851-7075). But, I *will* send new details as I get 'em.]
|
||
|
||
Totally off the top of my head, I suspect testimony and comments
|
||
should - in total - cover the following, as possible:
|
||
|
||
* Clearly support software copyright protections, as separate from
|
||
opposing software patents.
|
||
|
||
* Detail horror stories of rank stupidity in some current software
|
||
patents.
|
||
|
||
* Detail the financial waste, staff waste, product delays, innovation
|
||
deterance, etc.
|
||
|
||
* Detail the *harm* to U.S. business and commerce of permitting the
|
||
patenting of logical instruction-sequences - giving specific costs
|
||
where possible.
|
||
|
||
* Detail the historical harm, abuse and disregard accorded ill-funded
|
||
individuals and small companies when they patented technology desired
|
||
by dorporate giants (e.g., TV inventor Filo Farnsworth, who never got
|
||
a penny; xerography inventor Carlson who was old and gray before he
|
||
finally won compensation from the corporate monoliths, etc.). We need
|
||
to address and dispell the delusion that patents protect the small
|
||
inventor.
|
||
|
||
* Illustrate the chilling effect on technologists' creativity and
|
||
innovation if/when they must check each line of code the create
|
||
against all possible software patents - once they are public.
|
||
|
||
* Address the difficulty -verging on impossibility -of separating
|
||
"properly-protectable," "significant" software "invention" from
|
||
improperly-protected incremental software innovation. * Outline the
|
||
dangers to U.S. competitiveness as foreign corporations - less
|
||
preoccupied with the near-term quarterly bottom-line - rigorously
|
||
research software-applications areas (e.g., fuzzy logic), and patent
|
||
every comma and semicolon of trivia.
|
||
|
||
* Outline dangers to national security and proper governmental
|
||
processes from some software patents (e.g., tax-funded creation of
|
||
public-key crypto, West Publishing's copyright of federal case-law
|
||
citation numbers, etc.).
|
||
|
||
* Someone(s) better research the NAFTA and GATT agreements and see
|
||
what hidden gotchas we have - or are about to - lock ourselves into re
|
||
software processes. E.g., there has been mention that both the GATT
|
||
and NAFTA functionally mandate software patents; also, there are
|
||
rumors that the GATT (at least at one time) prohibited reverse
|
||
engineering! I.e., is this RFC too late?
|
||
|
||
* Assuming that we will continue to be screwed by software patents in
|
||
some form, propose concrete limitations on what can be patented.
|
||
|
||
* Assuming ditto, propose a concrete structure for the
|
||
software-patent process - one that will at least deter or catch some
|
||
of the more idiotic patents that have been granted.
|
||
|
||
* Assuming ditto, urge normalising U.S. patents - software and
|
||
otherware - with those of the rest of the world, expecially regarding
|
||
issues of first-to-use versus first-to-file and disclosure-upon-filing
|
||
versus disclosure-upon-patent. (How the hell can programmers
|
||
determine whether they're violating an already-used
|
||
potentially-patentable procedure, when it's often not disclosed until
|
||
several years after its holy first use?!!)
|
||
|
||
* Assuming ditto, propose a *very* short protection period for
|
||
software patents - given the very short development period, speed to
|
||
market and brief useful life of a given software product.
|
||
|
||
* Asumming ditto, propose a comprehensive public PTO library of prior
|
||
art, with penalties against the PTO and PTO staff for issuing software
|
||
patents when there is prior art in that library. (The Draconian
|
||
approach. :-)
|
||
|
||
* And then there are the trivial matters of Constitutional Principles
|
||
and software-industry history: The Constitution authorizes patents,
|
||
"To promote the progress of science and useful arts." Software
|
||
patents do the opposite. Computing and software innovation has grown
|
||
vigorously and generated unending millionaires and corporate successes
|
||
*without* the protection of software patents. There are endless
|
||
examples of developments that would not have happened at all, or would
|
||
have occured decades later, if earlier software developments had been
|
||
patented - b-trees, shell-sort, relational DBMS, GUIs, object-oriented
|
||
programming, n-way tape merges, packet nets, etc.
|
||
|
||
More flames later. THIS IS THE TIME TO SPEAK UP! NOW!
|
||
|
||
------------------------------
|
||
|
||
Date: Thu, 9 Dec 93 11:45:45 PST
|
||
From: Susan Evoy <evoy@EUPHRATES.STANFORD.EDU>
|
||
Subject: File 6--Edited ASIS '94 Mid Year Meeting Announcement
|
||
|
||
----- Forwarded message begins here -----
|
||
|
||
From--American Society for Information Science <asis@CNI.ORG>
|
||
Subject--ASIS '94 Mid-Year Meeting
|
||
|
||
1994 Mid-Year Meeting, American Society for Information
|
||
Science
|
||
|
||
Navigating the Networks
|
||
May 22 - 25, 1994
|
||
Red Lion Hotel, Columbia River
|
||
Portland, Oregon
|
||
|
||
With amazing speed electronic networking systems have
|
||
grown up around us; once simple roads leading directly to
|
||
our destination have become a complex of interchanges and
|
||
intersections, whether seen or not. Networking has
|
||
experienced a phenomenal rate of growth (11,000 networks
|
||
currently); the need for road maps, directional signs and
|
||
directories is painfully clear and the implementation of
|
||
wireless communications has barely begun.
|
||
|
||
What will the interfaces be in the future? Will there be
|
||
"smart highways" guiding drivers speed, direction, etc.
|
||
and determining the best routing? Will knowbotsc become
|
||
the search vehicle of choice? Who, if anyone, will be
|
||
the electronic traffic cops and can we rely on either the
|
||
legislatures or the courts to determine our future? Will
|
||
there be toll roads? Can the electronic highways as we
|
||
now know them (public networks) support both individual
|
||
users (passenger cars) and commercial users (the tractor
|
||
trailers of the digital highways)? What changes will
|
||
take place in publishing, both scholarly and commercial?
|
||
|
||
While online communicating via networks was once
|
||
predominantly academic/research, the corporate world is
|
||
the fastest growing sector (over 500,000 users) of
|
||
national and international network users. Commercial
|
||
How will legitimate U.S. and corporate security concerns
|
||
and individual privacy fears be ameliorated in the new
|
||
high speed data highway system? Will commercial traffic
|
||
fundamentally alter the education/research sense of
|
||
community that has grown up with Internet?
|
||
|
||
Will "sneaker nets," LANs and WANs, be replaced by
|
||
wireless networks, groupware and collaborative computer-
|
||
supported work. What changes will result in how we work
|
||
and what we do? Will decisions inexorably become more
|
||
democratic but slower as has been predicted? Will the
|
||
horns and shouts of inner city traffic be a metaphor for
|
||
the "white noise" of computer lists and discussion
|
||
groups? What tools exist for filtering out "noise" and
|
||
what impact will that have on our work?
|
||
|
||
Invitation
|
||
The 1994 ASIS Mid-Year Meeting, "Navigating the Networks"
|
||
has as its focus the human side of networks, the
|
||
psychology and sociology of using networks. What has
|
||
been and will be the impact of networking technology on
|
||
the individual and on organizations, their structure and
|
||
goals?
|
||
|
||
ASIS 1994 Mid-Year Meeting
|
||
8720 Georgia Avenue, Suite 501
|
||
Silver Spring, MD 20910
|
||
rhill@cni.org
|
||
|
||
------------------------------
|
||
|
||
End of Computer Underground Digest #5.94
|
||
************************************
|
||
|
||
|
||
|