906 lines
39 KiB
Plaintext
906 lines
39 KiB
Plaintext
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Computer underground Digest Mon Mar 18, 1996 Volume 8 : Issue 21
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ISSN 1004-042X
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Editor: Jim Thomas (cudigest@sun.soci.niu.edu)
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News Editor: Gordon Meyer (gmeyer@sun.soci.niu.edu)
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Archivist: Brendan Kehoe
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Shadow Master: Stanton McCandlish
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Field Agent Extraordinaire: David Smith
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Shadow-Archivists: Dan Carosone / Paul Southworth
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Ralph Sims / Jyrki Kuoppala
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Ian Dickinson
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Cu Digest Homepage: http://www.soci.niu.edu/~cudigest
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CONTENTS, #8.21 (Mon, Mar 18, 1996)
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File 1--PGP and Human Rights, from Phil Zimmermann
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File 2-- The Cryptography Control Act of 1995 (fwd)
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File 3--John S. Quarterman article on the Communications Decency Act
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File 4--2600 Releases "Secret" Information
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File 5--Cu Digest Header Info (unchanged since 16 Dec, 1995)
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CuD ADMINISTRATIVE, EDITORIAL, AND SUBSCRIPTION INFORMATION APPEARS IN
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THE CONCLUDING FILE AT THE END OF EACH ISSUE.
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---------------------------------------------------------------------
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Date: Mon, 18 Mar 1996 16:33:35 -0500 (EST)
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From: "Declan B. McCullagh" <declan+@CMU.EDU>
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Subject: File 1--PGP and Human Rights, from Phil Zimmermann
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---------- Forwarded message begins here ----------
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Message-Id--<199603181901.TAA04161@maalox>
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Subject--PGP and Human Rights
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Date--Mon, 18 Mar 1996 12:01:37 -0700 (MST)
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Recently, I received the following letters by email from Central Europe.
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The letters provides food for thought in our public debates over the role
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of cryptography in the relationship between a government and its people.
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With the sender's permission, I am releasing the letters to the public,
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with the sender's name deleted, and some minor typos corrected.
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This material may be reposted, unmodified, to any other Usenet newsgroups
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that may be interested.
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-Philip Zimmermann
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Date--Sat, 09 Mar 1996 19:33:00 +0000 (GMT)
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>From--[name and email address deleted]
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Subject--Thanks from Central Europe
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To--Philip Zimmermann <prz@ACM.ORG>
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Dear Phil,
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This is a short note to say a very big thank you for all your work with
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PGP.
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We are part of a network of not-for-profit agencies, working among other
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things for human rights in the Balkans. Our various offices have been
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raided by various police forces looking for evidence of spying or
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subversive activities. Our mail has been regularly tampered with and our
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office in Romania has a constant wiretap.
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Last year in Zagreb, the security police raided our office and
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confiscated our computers in the hope of retrieving information about the
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identity of people who had complained about their activites.
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In every instance PGP has allowed us to communicate and protect
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our files from any attempt to gain access to our material as we PKZIP
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all our files and then use PGP's conventional encryption facility to
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protect all sensitive files.
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Without PGP we would not be able to function and protect our client
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group. Thanks to PGP I can sleep at night knowing that no amount of
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prying will compromise our clients.
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I have even had 13 days in prison for not revealing our PGP pass phrases,
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but it was a very small price to pay for protecting our clients.
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I have always meant to write and thank you, and now I am finally doing
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it. PGP has a value beyond all words and my personal gratitude to you is
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immense. Your work protects the innocent and the weak, and as such
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promotes peace and justice, quite frankly you deserve the biggest medal
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that can be found.
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Please be encouraged that PGP is a considerable benefit people in need,
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and your work is appreciated.
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Could you please tell us where in Europe we can find someone who can
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tell us more about using PGP and upgrades etc. If you can't tell us
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these details because of the export restriction thing, can you point us
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at someone who could tell us something without compromising you.
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Many thanks.
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---
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[ I sent him a response and asked him if I could disclose his inspiring
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letter to the press, and also possibly use it in our ongoing
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legislative debates regarding cryptography if the opportunity arises
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to make arguments in front of a Congressional committee. I also
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asked him to supply some real examples of how PGP is used to protect
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human rights. He wrote back that I can use his letters if I delete
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his organization's name "to protect the innocent". Then he sent me
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the following letter. --PRZ ]
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Date--Mon, 18 Mar 1996 15:32:00 +0000 (GMT)
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>From--[name and email address deleted]
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Subject--More News from [Central Europe]
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To--Philip Zimmermann <prz@ACM.ORG>
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Dear Phil,
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I have been thinking of specific events that might be of use to your
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Congressional presentation. I am concerned that our brushes with
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Governments might be double-edged in that Congress might not like the
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idea of Human Rights groups avoiding Police investigation, even if such
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investigations violated Human Rights.
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However we have one case where you could highlight the value of PGP to
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"Good" citizens, we were working with a young woman who was being
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pursued by Islamic extremists. She was an ethnic Muslim from Albania who
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had converted to Christianity and as a result had been attacked, raped
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and threatened persistently with further attack.
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We were helping to protect her from further attack by hiding her in
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Hungary, and eventually we helped her travel to Holland, while in
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Holland she sought asylum, which was granted after the Dutch Government
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acknowledged that she was directly threatened with rape, harrassment and
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even death should her whereabouts be known to her persecutors.
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Two weeks before she was granted asylum, two armed men raided our office
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in Hungary looking for her, they tried to bring up files on our
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computers but were prevented from accessing her files by PGP. They took
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copies of the files that they believed related to her, so any simple
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password or ordinary encryption would eventually have been overcome.
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They were prepared to take the whole computer if necessary so the only
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real line of defence was PGP.
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Thanks to PGP her whereabouts and her life were protected. This incident
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and the young woman's circumstances are well documented.
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We have also had other incidents where PGP protected files and so
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protected innocent people. If the US confirms the dubious precedent of
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denying privacy in a cavalier fashion by trying to deny people PGP , it
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will be used as a standard by which others will then engineer the
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outlawing of any privacy. Partial privacy is no privacy. Our privacy
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should not be by the grace and favour of any Government. Mediums that
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ensured privacy in the past have been compromised by advances in
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technology, so it is only fair that they should be replaced by other
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secure methods of protecting our thoughts and ideas, as well as
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information.
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I wish you well with your hearing.
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Yours most sincerely
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[name deleted]
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---
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[end of quoted material]
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------------------------------
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Date: Sun, 10 Mar 1996 13:28:24 -0800
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From: Bill Moore <billkatt@NETCOM.COM>
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Subject: File 2-- The Cryptography Control Act of 1995 (fwd)
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Some of the FA lawyers/scholars may be interested in this moot
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court... BtC
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--------------------------- Original Message ---------------------------
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The Cryptography Control Act of 1995
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Whoever knowingly encodes information using an encryption
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technique, device, or algorithm having a key in excess of 64 bits,
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and which key has not been registered with an authorized key
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escrow agency, shall be subject to a term of imprisonment of not
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more than five years, a fine of not more than two hundred fifty
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thousand dollars, or both.
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Is this Act Constitutional?
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On March 28, the Sixth Conference on Computers, Freedom, and Privacy,
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in co-sponsorship with the American Bar Association Criminal Justice
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Section, will present a moot Court highlighting this question. The
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format will be that of a Supreme Court argument. The issue will be
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whether an individual, who has successfully used outlawed encryption
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to hide his conversations while the target of a criminal
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investigation, can be prosecuted and convicted for use of unauthorized
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encryption. The arguments will be conducted before a distinguished
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panel of federal appellate and district court judges.
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The background for this session assumes that the defendent's
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conviction was upheld 2-1 in an appeals court decision, whose majority
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opinion and dissenting opinion set forth the central Constitutonal
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arguments for upholding, or overturning, the prohibition of
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unauthorized encryption. You can review the decisions on the web at
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http://swissnet.ai.mit.edu/~switz/cfp96/plenary-court.html
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For more information on CFP96, and information on how to register, see
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the CFP96 web page at
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http:// web.mit.edu/cfp96
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or send an email message to cfp96-info@mit.edu.
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We look forward to seeing you at CFP96.
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Hal Abelson
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MIT
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--
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Hal Abelson
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Phone: (617) 253-5856 Fax: (617) 258-8682
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Email: hal@mit.edu
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URL: http://www-swiss.ai.mit.edu/~hal/hal.html
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MIT Artificial Intelligence Laboratory
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Room NE43-429
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545 Technology Square
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Cambridge, MA 02139
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------------------------------
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Date: Sat, 16 Mar 1996 16:44:15 -0600 (CST)
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From: David Smith <bladex@BGA.COM>
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Subject: File 3--John S. Quarterman article on the Communications Decency Act
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---------- Forwarded message ----------
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Definitions and Decency
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John S. Quarterman <jsq@mids.org>
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Copyright 1996 by the author.
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From *Matrix News*, 6(2), February 1996
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<mids@mids.org>, http://www.mids.org
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+1-512-451-7602, fax: +1-512-452-0127
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This article also appeared in *MicroTimes*.
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It is freely redistributable. An HTML version appears in
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<URL:http://www.mids.org/mn/602/def.html>.
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A New Word
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This column has been exonerated, to bring it in conformance with
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the Exon Law.
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Exonerate,
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n., to expurgate, to bowdlerize, to dumb down to the level
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of the most sensitive child in the most repressive state.
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Only a couple of months ago, this column reported ``Congress
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Close to Internet Censorship.'' Well, it's happened. On 1
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February 1996 both the House and the Senate passed the so-called
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Telecommunications Reform Act of 1996 by overwhelming margins.
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This bill includes Internet censorship provisions even worse than
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those that appeared in the first version that was co-sponsored by
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Sen. James Exon (D-NE) one year to the day before.
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President Clinton signed the bill into law 8 February 1996. In
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anti-celebration, thousands of web pages turned black for 48 hours
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as the Internet reacted. See <URL:http://www.vtw.org> for more
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about that.
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In that previous column we noted that ``The proposed CDA and the
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Constitution are in conflict. If CDA becomes law, it will
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certainly be challenged in the courts on that basis, if not
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others.'' The ACLU filed suit immediately, as did various other
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organizations. Two columnists for this magazine (MicroTimes:
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Quarterman and Warren) are parties to one of those lawsuits. In
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commemoration of Sen. Exon's role in producing this law, this
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columnist will refer to it hereafter as the Exon Law.
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Abortion and Indecency
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It turns out Congress did provide another base for lawsuits, by
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adding a prohibition against dissemination of information about
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abortion. The ACLU suit is partially about that new issue.
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Ironically enough, Rep. Patricia Schroeder (D-CO), who insisted
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on putting the term ``indecent'' back in the Exon Law after it
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had briefly been removed in the House-Senate conference
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committee, objected to the introduction of the prohibition
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against discussion of abortion. This goes to show that one
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person's definition of indecency isn't the same as another's.
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She did succeed in getting verbal assurance from the sponsor of
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the abortion prohibition, Rep. Henry Hyde (R-IL), that simple
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discussion of abortion would not be prohibited, only commercial
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dissemination of information on how to actually perform
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abortions. He thus asks us to trust him that the letter of the
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language he used (the Comstock Act) does not mean what it says,
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or that previous judicial precedents have invalidated it (which
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seems to be debatable). President Clinton, after signing the
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Telecommunications Act into law, said that the abortion
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provisions would not be enforced. Perhaps not under his
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administration, but what about president Dole or president
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Buchanan? Is this the way the rule of law is supposed to work?
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Abortion, the Exon Law, and The Comstock Act
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The abortion provision is based on the Comstock Act, which is a
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nineteenth century law aimed at taming the Wild West by
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prohibiting the use of the U.S. mail for such ``indecent''
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practices as mail-order brides and abortion discussions. The
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Comstock Act is supposedly no longer valid because of court
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decisions against it. However, in the case of the abortion
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provision, the court decision in question is *Roe v. Wade*, which
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many people are actively working to overturn.
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Note well that this law would prohibit not just actual abortions,
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or literature on how to perform abortions, but also *discussion*
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of the pros and cons of abortion. If you want to argue on the
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Internet that abortion is evil because the Old Testament says so,
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you'd better hope this law is repealed, unless you want to land
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in jail.
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The relevant text is in Title 18, Section 1462 of the U.S. Code.
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Here is the text of that section, with amendments to it by the
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Exon Law marked in _boldface_.
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Section 1462. *Importation or transportation of obscene
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matters*
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Whoever brings into the United States, or any place subject
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to the jurisdiction thereof, or knowingly uses any express
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company or other common carrier _or interactive computer
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service (as defined in section 230(e)(2) of the
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Communications Act of 1934)_, for carriage in interstate or
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foreign commerce -
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[...]
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any drug, medicine, article, or thing designed, adapted, or
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intended for producing abortion, or for any indecent or
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immoral use; or any written or printed card, letter,
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circular, book, pamphlet, advertisement, or notice of any
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kind giving information, directly or indirectly, where, how,
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or of whom, or by what means any of such mentioned articles,
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matters, or things may be obtained or made; or Whoever
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knowingly takes _or receives_, from such express company or
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other common carrier _or interactive computer service (as
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defined in section 230(e)(2) of the Communications Act of
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1934)_ any matter or thing the carriage _or importation_ of
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which is herein made unlawful -
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Shall be fined not more than $5,000 or imprisoned not more
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than five years, or both, for the first such offense and
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shall be fined not more than $10,000 or imprisoned not more
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than ten years, or both, for each such offense thereafter.
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Numbers 5:11-27 contains direct references to sexual intercourse,
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menstruation, adultery, and indirect mention (by function, rather
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than by name) of an herbal abortifacient. Put the Bible on the
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Internet; go to jail.
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The Bill of Rights
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Let us repeat here the more basic issue:
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Congress shall make no law respecting the establishment of
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religion, or prohibiting the free exercise thereof; or
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abridging the freedom of speech, or of the press; or the
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right of the people peaceably to assemble, and to petition
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the Government for a redress of grievances.
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That is the First Amendment to the U.S. Constitution. It is part
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of the Bill of Rights, which was appended to the Constitution
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because many states refused to ratify the Constitution without
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safeguards against just such heavy-handed government intervention
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as this law.
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The Bill of Rights and the First Amendment in particular were
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worked out in painstaking compromise among multiple competing
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political traditions in this country. They were worded to
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accommodate diverse traditions without letting any one of them
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repress the others. In the world then and now, this is not a
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small thing. This country has for the most part managed to honor
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the commitment made in at least the First Amendment through
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almost two hundred years and such diverse administrations as
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those of John Adams (proponent of the ordered liberties of New
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England), Thomas Jefferson (protector of the reasoned liberties
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of Virginia), Andy Jackson (advocate of the natural liberties of
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the backcountry, and considered so radical in his day that his
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predecessor John Quincy Adams left the Capital in disgust before
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his inauguration), Franklin Roosevelt (of the New Deal), and
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Ronald Reagan (who tried to dismantle the New Deal).
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The Bill of Rights is under attack from all sides. The Fourth
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Amendment, for example, says:
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The right of the people to be secure in their persons,
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houses, papers, and effects, against unreasonable searches
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and seizures, shall not be violated, and no Warrants shall
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issue, but upon probable cause, supported by Oath or
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affirmation, and particularly describing the place to be
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searched, and the persons or things to be seized.
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That Amendment deserves at least a decent funeral, since it has
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been killed by the so-called War on Drugs. Nobody cares as long
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as it is some drug dealer's house that is being broken into by
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the SWAT team. And if it's the wrong house, well, they should
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have known better than to live in that neighborhood!
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Similarly, who cares if the First Amendment is violated on the
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Internet. Everyone knows it's just a pornographic nest of child
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molesters!
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Evidently the U.S. Congress doesn't care. Of course, when the
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main proponent of this legislation, Sen. Exon, says on the floor
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of the Senate that he doesn't even know how to program a VCR, and
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in a letter to the editor of the *New York Times* equates the
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Internet with the telephone, it perhaps shouldn't be surprising
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that they don't care. Ignorance is certainly part of the
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problem.
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What is the Internet?
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Is AOL part of the Internet? Are telephones? And what does this
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have to do with a bad law?
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Well, most AOL users are not part of the Internet, because they
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do not use characteristic interactive Internet services such as
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TELNET, FTP, or WWW. Sure, many of them use electronic mail, but
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it's not electronic mail that's attracting so many people to the
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Internet that it's growing faster longer than any other
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technological phenomenon in history, and it's not electronic mail
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that's causing people to abandon most other types of networking
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in favor of the Internet. Most users of CompuServe and Prodigy
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are not part of the Internet, either, for the same reason. They
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will be pretty soon, but they aren't yet.
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Yet 100 percent annual growth apparently isn't good enough for
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some people, and the name ``the Internet'' has often been loosely
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used to include people who only have electronic mail access.
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Why does this matter? Well, every actual case of child
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pornography I've ever heard of involving any kind of computer
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network involved AOL, not the Internet. Why AOL? Because it has
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a very inexpensive and relatively anonymous trial user policy
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that lets basically anybody on with little or no accountability,
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financial or otherwise.
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So what? Well, many people think that all of AOL is part of, if
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not synonymous with, the Internet. Sloppy definitions have given
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an easy target to those who don't like the traditional freedom of
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content of the Internet. The Internet in many people's minds is
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now ``that sewer of child pornographers.''
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What is Indecent?
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If you don't want to spend two years in jail and pay $500,000 in
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fines, don't ``make available'' any pictures or descriptions of
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any sexual activity, discussion of abortion, gay rights, literary
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criticism or actual text of Chaucer, Boccaccio, James Joyce, Mark
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Twain, or J.D. Salinger, The first two dealt with all manner of
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sexual and religious topics that are sure to be considered
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``indecent'' by somebody somewhere; Twain dealt with race and
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politics; and Salinger dared to say that people masturbate and
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use curse words.
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We're not even talking ``obscenity'' here. The law says
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``indecent,'' which is a much more broad and vague term. How is
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it defined in the law? It isn't. Definition is left to local
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jurisdictions and vague legal precedents.
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What does ``make available'' mean? Anything that might lead to a
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child seeing it through a computer network, including posting it
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on USENET, putting in a web page, or even sending it by personal
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electronic mail (it's no excuse that somebody stole it and showed
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it to the child).
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Also remember not to post transcripts of any exon that Richard
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Nixon said in the White House. Don't name Deep Exon, the
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principal snitch against him. Don't refer to ``Give 'em Exon
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Harry'' Truman by his popular epithet. Don't mention that John
|
|
Kennedy was given to exoning starlets. See how easily a
|
|
prohibition on ``indecency'' slides into a prohibition on
|
|
political free speech? Euphemisms don't give the true character
|
|
of the original language. For that matter, discussion of the
|
|
Exon Law itself on the Internet is apparently prohibited by that
|
|
same law, because it involves discussion of means of abortion.
|
|
|
|
Recently I was in France and was reading *Paris Match,* a
|
|
national magazine. On the cover was a picture of Gerard
|
|
Depardieu, the movie actor, holding his small son on his arm.
|
|
Something seemed strange, and it took me a while to figure it
|
|
out. The child was naked, and his genitals were clearly visible.
|
|
If that picture had been published in the United States,
|
|
Depardieu would have been arrested as a child molester, and the
|
|
photographer, reporter, editor would have been out of a job. If
|
|
you don't think it could happen, consider the case of Toni Marie
|
|
Angeli, who was choked, beaten, and arrested on 2 November 1995
|
|
at a photographic laboratory in Cambridge, Mass. for taking
|
|
``pornographic'' pictures of her son. The pictures actually
|
|
contained nothing of a sexual nature and she had taken them for a
|
|
class in photography at Harvard.
|
|
|
|
Meanwhile, in the France that once sheltered Khomeini, Moslem
|
|
girls are prohibited from wearing head scarfs to school. And in
|
|
the Iran that Khomeini fathered, girls and women can still be
|
|
harassed on the streets for letting one hair of their head show.
|
|
The same Iran that condemned Salman Rushdie to death for writing
|
|
a fantasy that by some Moslem interpretations defames the
|
|
Prophet, yet by the western literary tradition represents freedom
|
|
of the press.
|
|
|
|
The United States, being a nation of immigrants, as one of its
|
|
most loved and hated presidents (Franklin Roosevelt) remarked,
|
|
contains people who would defend Toni Angeli, and others who
|
|
would defend the police who choked her, and Khomeini, and Salman
|
|
Rushdie.
|
|
|
|
Decency, sex, politics, and religion are very hard to define or
|
|
to separate. If there was a national consensus on what these
|
|
things were, the Exon Law might not be a problem. But the United
|
|
States has always been a collection of disparate communities,
|
|
cultures, and traditions. That is why the Founders tried to keep
|
|
the federal government out of these issues entirely.
|
|
|
|
The present Congress chose to forget that, and apparently never
|
|
knew or cared that the Internet is not a U.S. phenomenon,
|
|
extending as it does to more than 100 countries throughout the
|
|
world.
|
|
|
|
Who Are They Protecting?
|
|
|
|
Only about 3 percent of the current Internet population is
|
|
children at all <URL:http://www.mids.org/ids3/>. The backers of
|
|
this law claim they are trying to make the Internet safe for
|
|
children to get on it. But filtering software is already
|
|
available, as are access providers that provide carefully
|
|
prepared subsets of online materials for children. As for child
|
|
pornography, there is very little of it in the first place, what
|
|
there is of it is mostly not on the Internet, and there are
|
|
plenty of laws already in place to handle it.
|
|
|
|
Example filtering packages include:
|
|
Cyber Patrol <URL:http://www.microsys.com/cybers>,
|
|
Surf Watch <URL:http://www.surfwatch.com>, and
|
|
Net Nanny <URL:http://www.netnanny.com/netnanny/>.
|
|
I haven't tried any of these, so you'll have to form your own opinions
|
|
as to their methods and effectiveness. It's a safe bet that none of
|
|
them can keep a clever child from rolling a local copy of TELNET or,
|
|
for that matter, from getting somebody to buy a copy of *Hustler* at
|
|
the corner store, but they have all been mentioned as providing
|
|
at least some degree of filtering.
|
|
|
|
Internet filtering mechanisms are not perfect. But you don't
|
|
board up all the windows in your house because your child might
|
|
see a dog exon on the sidewalk. Congress shouldn't attempt to
|
|
shut down the Internet as we know it because a child might
|
|
encounter something ``indecent'' on it.
|
|
|
|
What they have really accomplished with this law is to hinder the
|
|
development of the Internet as the astonishingly useful resource
|
|
it is for children and adults alike, to stunt the commercial
|
|
advantage of the U.S. in a field where it currently leads the
|
|
world, and to inflict costly damage on one of the cornerstones of
|
|
the U.S. political system.
|
|
|
|
The Internet and the Traditional Press
|
|
|
|
In these times when radio, television, and print media are
|
|
increasingly publishing part or all of their materials online, if
|
|
any of them think this law will not affect them, they are in for
|
|
a surprise. What would be perfectly acceptable in a medical
|
|
textbook can land you in jail if the same words are distributed
|
|
on the Internet.
|
|
|
|
The press is often irresponsible, hasty, short-sighted,
|
|
selective, opinionated, outright bigoted or just plain wrong.
|
|
Part of it even apparently has a death wish, since the Cyberporn
|
|
scare of 1995, led by *Time Magazine* and its 3 July 1995 story
|
|
based on incorrect arithmetic and apparently fraudulent research,
|
|
helped drum up the current legislation
|
|
<URL:http://www.zilker.net/swg/time.html>. But Congress has
|
|
demonstrated with the Exon Law that even a bad press is still
|
|
better than a legislature that attempts to censor it.
|
|
|
|
Some traditional media barons may well be thinking that it is a
|
|
good thing to handicap the Internet and bring it down to
|
|
traditional media levels, thus making it easier for them to
|
|
compete in this new frontier. If so, they got more than they
|
|
wanted, and they will be bitten by their own creature.
|
|
|
|
The Historical Precedent
|
|
|
|
Somebody said that Sen. Exon is a barbarian, and he took offense
|
|
at that. Well, I think that was a poor choice of words.
|
|
Barbarians historically were unsettled tribes who were motivated
|
|
in their attacks on civilized nations by straightforward personal
|
|
motives: plunder, land, power. They had little to lose because
|
|
they had little history behind them.
|
|
|
|
Sen. Exon and the other Congress members who voted for the Exon
|
|
Law, and the president who signed it, are actually following up a
|
|
fine old American tradition. Here's a sample:
|
|
|
|
1692
|
|
Salem Witch Trials.
|
|
|
|
1798
|
|
Alien and Sedition Acts; Pres. Jefferson refuses to enforce
|
|
them.
|
|
|
|
1864
|
|
Early photography used in mailing pornography to troops.
|
|
|
|
1865
|
|
Congress outlaws sending any ``obscene book, pamphlet,
|
|
picture, print, or other publication of vulgar and indecent
|
|
character'' through the U.S. mail.
|
|
|
|
1873-1932?
|
|
Comstock Law outlaws using the U.S. mail to send any
|
|
``obscene, lewd, or lascivious book, pamphlet, picture,
|
|
paper, print, or other publication of an indecent
|
|
character....''
|
|
|
|
1919-1933
|
|
Prohibition.
|
|
|
|
1950-1954
|
|
Sen. Joseph McCarthy's anti-communist ``crusade.''
|
|
|
|
1986?
|
|
``Indecent'' pictures on USENET and the Internet.
|
|
|
|
1996-2045?
|
|
Exon Law of Internet Censorship, reviving the Comstock Law.
|
|
|
|
Large segments of the U.S. population have often wanted to
|
|
suppress entire categories of behavior or knowledge for the
|
|
populace as a whole, and governmental authorities have
|
|
periodically gone along with them.
|
|
|
|
The Comstock Law had teeth in its day, and with a different
|
|
Supreme Court could again. See the Cato Institute writeup on it
|
|
<URL:http://www.cato.org/main/pa232.html>, which says in part:
|
|
|
|
Near the end of his life, Comstock wrote that he had
|
|
convicted ``enough people to fill a passenger train of
|
|
sixty-one coaches, with sixty of the coaches containing
|
|
sixty people each and the last one almost full.'' He said
|
|
that he had destroyed almost 160 tons of obscene literature
|
|
and 3,984,063 obscene pictures.(11) Comstock also zealously
|
|
pursued early feminists, such as Margaret Sanger, since his
|
|
law banned the mailing of information on contraception and
|
|
abortion.
|
|
|
|
This is also the law that was used to ban works such as James
|
|
Joyce's *Ulysses*, which book ended up being the test case that
|
|
partially defanged the law.
|
|
|
|
Those who view the Internet as an electronic frontier and have
|
|
called for it to be ``civilized'' have gotten exactly what they
|
|
asked for: the very same law that was used to ``clean up'' the
|
|
Old West, worded in such a vague manner that its application will
|
|
be at the discretion of every federal marshall in the land.
|
|
|
|
This tradition goes back before the United States existed. Every
|
|
new technology and every new frontier has its ``indecent''
|
|
materials and its legal reactions. Two of the most popular uses
|
|
of the early printing press were pornography, such as Boccaccio's
|
|
*Decameron* and numerous less literary works, and vernacular
|
|
editions of the Bible. The pornographic works were considered
|
|
indecent for reasons that are still in vogue today on this side
|
|
of the Atlantic. The Bible editions were considered indecent
|
|
because they intervened in the practices and teachings of Mother
|
|
Church.
|
|
|
|
I haven't run across many examples where legislatures overturned
|
|
such legal reactions; seems it's almost always the executive or
|
|
the judiciary that has to do it, and the latter only happens
|
|
after people challenge the law.
|
|
|
|
Do note that Sen. Patrick Leahy (D-VT) has introduced a bill in
|
|
the Senate to do just that, and do please support him
|
|
<senator_leahy@leahy.senate.gov>, but don't hold your breath
|
|
until the Senate passes it. Those who think the Exon Law is
|
|
really about suppressing pornography would do well to read Sen.
|
|
Leahy's speech proposing his new bill, which makes it clear that
|
|
the victims of the Exon Law will mostly be you and me.
|
|
|
|
What Is To Be Done?
|
|
|
|
One can only hope that the authors of the Constitution wrought
|
|
well when they deliberately produced three branches of
|
|
government, and that the third branch will stop this law. Many
|
|
people, me among them, have already joined in lawsuits against
|
|
this law.
|
|
|
|
The press helped cause this problem, and the press can help solve
|
|
it. On the day of the signing of the Telecommunications Act,
|
|
almost no national news media mentioned the Internet censorship
|
|
provisions, except in passing. Such an all-out assault on the
|
|
First Amendment is not a minor issue, and it should be reported.
|
|
|
|
The press did start mentioning the issue after thousands of web
|
|
pages on the Internet turned black for 48 hours starting with the
|
|
signing. Users of the Internet have started speaking out, and
|
|
they need to continue to do so.
|
|
|
|
Members of Congress got there because we elected them. It would
|
|
be well to remember that in November. Maybe next time we can get
|
|
a Congress that knows what the Internet is. For who voted which
|
|
way, see <URL:http://www.vtw.org>
|
|
|
|
Meanwhile, there are three more basic reasons to hope that
|
|
Congress has just shot itself in some exonerated part of its
|
|
collective body.
|
|
|
|
1)
|
|
The Internet is not a U.S. national service. It connects
|
|
more than 100 countries worldwide. It's true that more than
|
|
half of just about everything on the Internet (hosts, users,
|
|
web servers, etc.) is in the U.S. But the rest is in
|
|
places with a wide array of different governments,
|
|
societies, and traditions. Not even the U.S. Congress can
|
|
exonerate the whole world. Expect data havens to open up
|
|
|
|
outside the territorial jurisdiction of the United States,
|
|
just as Finland (privacy) and the Netherlands (encryption)
|
|
have already served that function for years.
|
|
|
|
2)
|
|
The Internet is not a single entity. It is a collection of
|
|
tens of thousands of networks, millions of computers, and
|
|
tens of millions of people, and is run by some 50,000
|
|
different organizations. Not even the United States, with
|
|
more prisoners and prisons than any other country in the
|
|
world, has the facilities to lock up all of them. If it
|
|
makes a serious attempt to try, the true diversity and depth
|
|
of the Internet will become sufficiently evident that it
|
|
will become clear that the government is attacking a broad
|
|
spectrum of its own people. Not even NSA can monitor all
|
|
the traffic on the Internet, and if the U.S. government
|
|
tries to embargo incoming traffic, it will find it has a
|
|
hard row to hoe, especially when normally mild-mannered
|
|
trading partners in places like Japan and Europe start
|
|
complaining.
|
|
|
|
3)
|
|
If this year perhaps 7 percent of the U.S. population is on
|
|
the Internet, next year there will be 14 percent, and the
|
|
next year 28 percent, and so forth. The more people who
|
|
join the Internet, the more who will see what it really is,
|
|
and the less they will tolerate this sort of destructive
|
|
behavior by their elected officials. Many of those who are
|
|
concerned about their children will want them to have such a
|
|
powerful instrument of information as the Internet, and will
|
|
teach their children to make choices for themselves.
|
|
|
|
The state is not our brother's keeper. We are.
|
|
|
|
....John S. Quarterman
|
|
|
|
------------------------------
|
|
|
|
From: Emmanuel Goldstein <emmanuel@2600.COM>
|
|
Subject: File 4--2600 Releases "Secret" Information
|
|
Date: Thu, 7 Mar 1996 07:53:46 -0500 (EST)
|
|
|
|
March 7, 1996
|
|
|
|
FOR IMMEDIATE RELEASE
|
|
|
|
Contact: Bob Hardy
|
|
(516) 751-2600
|
|
|
|
HACKER PROSECUTION RESULTS IN EXPOSED "SECRETS"
|
|
|
|
2600 Magazine, a publication put out by computer hackers since 1984,
|
|
has released information on the United States Secret Service in response
|
|
to that organization's continued prosecution of one of its writers.
|
|
The information is accessible over the Internet through the World Wide Web.
|
|
|
|
"For the past year, the Secret Service has been engaged in a ruthless
|
|
attack on Ed Cummings (known in the hacker world as Bernie S.), one of
|
|
our most technically adept and knowledgeable writers," says 2600
|
|
Publisher Emmanuel Goldstein. "They have succeeded in imprisoning
|
|
him with some of the nation's most ruthless criminals for the mere
|
|
possession of hardware, software, and reading material."
|
|
|
|
Cummings has never been accused of committing illegal acts with these
|
|
items. Rather, the Secret Service has prosecuted him for having items
|
|
which "could be used" for illegal activity. It has been proven on
|
|
numerous occasions that there are many legitimate purposes for such
|
|
items and that possession of controversial reading material is by no
|
|
means an indication of criminal activity. Nevertheless, the Secret
|
|
Service has managed to keep Cummings locked away with no bail for
|
|
nearly a year as if he were a mastermind of terrorism.
|
|
|
|
2600 Magazine is making available to the public the same documents that
|
|
the Secret Service claims as proof that Ed Cummings is a danger to
|
|
society. This information includes the whereabouts of Secret Service
|
|
offices, their phone numbers, the radio frequencies used by the agency,
|
|
as well as photographs and codenames used for everything from the
|
|
President of the United States to buildings, agencies, and objects.
|
|
|
|
"We find it ironic that all of this information will now be accessible
|
|
to millions of people around the world," Goldstein says, "all because
|
|
the Secret Service thought one person having it was a threat."
|
|
|
|
The information, though never before as widely accessible as this, has
|
|
always been easy for anyone to obtain. There are no laws against its
|
|
possession. However, the adamance of the Secret Service's contentions
|
|
were enough to taint the credibility of Ed Cummings in the eyes of the
|
|
court.
|
|
|
|
In addition to information about the Secret Service themselves, the
|
|
site contains full documentation on other cases that have involved
|
|
mistreatment by the Secret Service, including one in which the victim
|
|
won a lawsuit. Information on other cases can be submitted to the
|
|
site by emailing secrets@2600.com.
|
|
|
|
Says Goldstein, "We don't consider the launching of this site to be
|
|
an act of retribution. Rather, it is an affirmation of our freedom
|
|
and a demonstration of our willingness to protect it."
|
|
|
|
The World Wide Web site can be reached at: http://www.2600.com
|
|
|
|
------------------------------
|
|
|
|
Date: Sun, 16 Dec 1995 22:51:01 CDT
|
|
From: CuD Moderators <cudigest@sun.soci.niu.edu>
|
|
Subject: File 5--Cu Digest Header Info (unchanged since 16 Dec, 1995)
|
|
|
|
Cu-Digest is a weekly electronic journal/newsletter. Subscriptions are
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available at no cost electronically.
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CuD is available as a Usenet newsgroup: comp.society.cu-digest
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Or, to subscribe, send post with this in the "Subject:: line:
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SUBSCRIBE CU-DIGEST
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Send the message to: cu-digest-request@weber.ucsd.edu
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DO NOT SEND SUBSCRIPTIONS TO THE MODERATORS.
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The 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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To UNSUB, send a one-line message: UNSUB CU-DIGEST
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Issues of CuD can also be found in the Usenet comp.society.cu-digest
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The most recent issues of CuD can be obtained from the
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COMPUTER UNDERGROUND DIGEST is an open forum dedicated to sharing
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------------------------------
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|
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|
End of Computer Underground Digest #8.21
|
|
************************************
|
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|