839 lines
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839 lines
35 KiB
Plaintext
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Computer underground Digest Sun Jul 7, 1996 Volume 8 : Issue 51
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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, #8.51 (Sun, Jul 7, 1996)
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File 1--About this Issue--From the "Fight-Censorship" List
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File 2--Re: Australian atty-general investigating Adelaide Inst.'s web site?
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File 3--Cube approves only restricted Net access
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File 4--Europeans fight a Net dominated by English
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File 5--Dutch clamp down on Internet child porn
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File 6--UK Encryption Bill (fwd)
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File 7--Response from Singapore on country's Net-regulations
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File 8--German computer blackmail attempts
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File 9--F-C Dispatch #16: DoJ files appeal, Supreme Court ho!
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File 10--Cu Digest Header Info (unchanged since 7 Apr, 1996)
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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: Sun, 07 Jul 96 15:26 CDT
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From: Cu Digest <tk0jut2@mvs.cso.niu.edu>
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Subject: File 1--About this Issue--From the "Fight-Censorship" List
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This issue is devoted to snippets from Declan McCullagh's
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fight-censorship discussion group. It's by far the best
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discussion group for First Amendment issues on the Net for news
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and informed commentary about freedom of speech topics.
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To subscribe to future Fight-Censorship Dispatches and related
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announcements, send "subscribe fight-censorship-announce" in the
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body of a message addressed to:
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majordomo@vorlon.mit.edu
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---------------------------------------------------------------------
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Date: Sat, 6 Jul 1996 11:37:25 -0700 (PDT)
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From: Declan McCullagh <declan@well.com>
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Subject: File 2--Re: Australian atty-gen invest'ing Adelaide Inst.'s web site?
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The messages I forwarded earlier earlier about the Simon Wiesenthal
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Center were accurate:
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http://fight-censorship.dementia.org/dl?num=3089
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The Center is up to its same old Internet scare-mongering. Below, Rabbi
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Cooper not only decries holocaust revisionists on the Net, he also reminds
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the Australian public that students can download bomb-making materials!
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(Obviously the state must censor libraries, wherein the same information
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can be found.)
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According to Cooper, this speech that he personally dislikes is why the
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Australian government must crack down on free expression online.
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More info on the SWC's other previous net-censorship attempts, including
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links to ACLU and CDT reports, is at:
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http://www.gsia.cmu.edu/andrew/ml3e/www/Not_By_Me_Not_My_Views/censorship.html
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-Declan
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>The Advertiser,
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Saturday, July 6, 1996 >Internet target of Nazi hunters >By Anthony Keane
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>
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>A controversial Adelaide-based Internet site is being investigated by the
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>Federal Government.
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>
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>Holocaust-denial group the Adelaide Institute is one of two groups that have
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>been targeted by international Nazi hunters, the Simon Wiesenthal Centre.
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>
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>A spokesman for the Attorney-General, Mr Daryl Williams, said yesterday the
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>Government had received a letter from the Simon Wiesenthal Centre in Los
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>Angeles calling for an investigation into whether the Internet site breached
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>any local laws.
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>
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>"We are investigating the claims made by the Simon Wiesenthal Centre," he said.
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>
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>The letter says the centre has "identified over 100 different Web sites
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>which promote racist violence, mayhem and terrorism".
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>
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>"Two Australian Web sites have come to the attention of researchers at the
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>Wiesenthal Centre," it says.
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>
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>The Advertiser yesterday logged into the Adelaide Institute site. Excerpts
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>included:
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>
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>"We reject outright that a questioning of the alleged homicidal gas chamber
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>story constitutes 'hate talk', is 'anti-Semitic', 'racist' or even
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>'neo-Nazi' activity.
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>
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>"We are a group of individuals who are looking at the Jewish-Nazi Holocaust,
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>in particular we are investigating the allegation that Germans
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>systematically killed six million Jews...."
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>
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>"We at the Adelaide Institute believe that those who level the homicidal
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>gassing allegations at the Germans owe it to the world to come up with
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>irrefutable evidence that this happened."
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>
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>The other Internet site under investigation, called Al-Moharer Al-Australi,
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>is based in Melbourne.
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>
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>Adelaide Institute director Dr Fredrick Toben said he would welcome the
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>Federal Government investigation.
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>
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>"But we would also like them to investigate the Simon Wiesenthal Centre and
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>the tradition it comes from, namely the Babylonian Talmud, which is the
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>moral and legal foundation of modern Judaism," he said.
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>
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>"The Babylonian Talmud is anti-gentile, anti-Christian, against everything
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>non-Jewish and it is full of hate.
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>
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>"The Adelaide Institute has put in a complaint to the Attorney-General's
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>Department that the Babylonian Talmud contains hate literature and is
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>racist, is full of bigotry, is offensive to everyone not Jewish, especially
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>to Christians and to every decent Jew who believes in the equality of
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>humankind, and it needs investigation,"
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>
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>SA Jewish Community Council president, Mr Norman Schueler, said: "Anything
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>that tries to rewrite history is not on, so we therefore welcome an
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>investigation.
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>
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>"As far as we are concerned, the Adelaide Institute has promoted things that
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>are incorrect and are inconsistent with established fact."
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>
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> ==========
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>
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>The Courier-Mail (Brisbane) Friday, July 5, 1996
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>
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>Jews trace cyberspace 'hatred' to Australia
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>
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>By Rodney Chester and Rory Callinan
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>
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>The Federal Government is investigating two controversial Australian-based
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>anti-semitic Internet sites after an alert from international Nazihunters,
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>the Simon Wiesenthal Centre.
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>
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>The centre, renowned for its dogged pursuit of hundreds of Nazi war
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>criminals, detected the controversial sites as it followed the trail of
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>far-right groups into cyberspace.
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>
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>After locating the sites earlier this year, the centre wrote to the
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>Australian Embassy in Washington calling on the Attorney-General to
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>investigate if the sites breached any local laws.
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>
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>The sites, one calling itself Adelaide Institute says: "We are a group of
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>individuals who are looking at the Jewish-Nazi holocaust.
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>
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>"We are worried about the fact that to date it has been impossible to
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>reconstruct a homicidal gas chamber."
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>
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>Al Moharer Al-Australi says it "wants to challenge all forms of New World
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>Order conditioning and thought control".
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>
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>Wiesenthal Centre associate dean Abraham Cooper, speaking from its Los
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>Angeles headquarters, said many "hate" groups around the world had taken to
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>the Net in the past 18 months to reach a potential audience of 40 million.
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>
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>Rabbi Cooper said there were about 100 Web sites around the world promoting
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>"hatred and mayhem".
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>
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>"It is an unprecedented but powerful tool that not only can be used for
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>good but also be used for evil," he said.
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>
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>"Our experience has been that the authorities don't even understand the
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>technology that well."
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>
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>Rabbi Cooper said there had been numerous cases in the United States where
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>"very bright" students had down-loaded bomb-making recipes off the net.
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>
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>One science teacher in Miami "was about one second away from blowing up both
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>himself and his school", he said.
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>
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>The centre, which uses the Web to promote its own cause, has set up a
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>cuberwatch programme "not because we are opposed to computers but because
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>we're committed to human rights."
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>
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>Adelaide Institute director Fredrick Toben said last night: "We would
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>welcome any investigation.
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>"But we would also like them to investigate Rabbi Cooper and the tradition
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>that he comes from, namely from the Babylonian Talmud which is the ethical
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>base that he operates on.
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>"It is used by certain members of the Jewish community as a guide and the
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>Babylonian Talmud is full of filth and hatred so let him (the Rabbi) cast
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>the first stone."
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>
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>A spokesman for federal Attorney-General Darrel Williams confirmed the
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>office had received the letter and claims were being investigated.
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>
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>Queensland Jewish Board of Deputies president Laurie Rosenblum said he
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>regularly received complaints from Queenslanders about material on the
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>Internet.
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>
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>He said there was urgent need to censor the Net.
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>
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>"The problem is that you have got this technology where some extremist
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>organisation can print out stuff and transpose it and then hand it out or
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>publish it in a newsletter," he said
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>
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>The Australian Broadcasting Authority is expected to release its guidelines
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>on control of the Internet today.
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------------------------------
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Date: Fri, 21 Jun 1996 01:49:09 -0400 (EDT)
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From: "Declan B. McCullagh" <declan+@CMU.EDU>
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Subject: File 3--Cube approves only restricted Net access
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June 20, 1996
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HAVANA (Reuter) - Cuban authorities have approved access to
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the Internet and other global information networks but will
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limit such access according to national interests, official
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media said Thursday.
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The ruling Comunist Party newspaper Granma said regulations
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adopted earlier this month outlined the need for access to
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Internet and other world information networks, while observing
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interests such as ``defense and national security.''
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The policy of establishing who had access would be defined
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by Cuba's interests, giving priority to individuals and bodies
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with most relevance to the country's life and development, the
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newspaper said.
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It did not specify who such people might be, but they are
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likely to come from approved state organizations and academic
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and research centres.
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Information divulged from such global networks should be
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trustworthy and in line with Cuba's ``ethical principles'',
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Granma said.
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A committee regulating the policy on global information
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networks would be drawn from ministries that will include the
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Interior Ministry, the Justice Ministry and the Armed Forces
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Ministry, Granma said.
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------------------------------
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Date: Fri, 21 Jun 1996 22:19:47 -0400 (EDT)
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From: "Declan B. McCullagh" <declan+@CMU.EDU>
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Subject: File 4--Europeans fight a Net dominated by English
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[While note exactly net-censorship, I'll still link this in to:
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http://www.cs.cmu.edu/~declan/international/ --Declan]
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BRUSSELS, BELGIUM, 1996 JUN 21 (NB) -- The European Commission (EC) is
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urging its members to make sure that English, which already has a
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strong position on the World Wide Web, does not become the de facto
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language of European online services and Internet systems.
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According to Nana Mouskouri, Euro Member of Parliament (MP) and
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perhaps best known as the Greek singer of the smash hit of the 1960s,
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"Never on a Sunday," the danger is much more than simply seeing
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languages other than English falling into disuse on the Internet.
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[...]
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"I think it's essential that we protect that cultural heritage and
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make sure that it's not destroyed by the information society which
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would then be an information society with no content," she said.
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So far, Mouskouri's campaign has received only the support from the
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EC, but there is a possibility that the EC could well turn the support
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into a full fledged campaign, backed by European legislation,
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something that could have some serious effects on the future of the
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Web in Europe.
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(Sylvia Dennis/19960621/Press & Reader Contact: European Commission
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+32-2-299-1111)
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------------------------------
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Date: Fri, 21 Jun 1996 01:46:50 -0400 (EDT)
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From: "Declan B. McCullagh" <declan+@CMU.EDU>
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Subject: File 5--Dutch clamp down on Internet child porn
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Interesting concept... -Declan
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---
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June 20, 1996
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THE HAGUE, Netherlands (Reuter) - Dutch Justice Minister
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Winnie Sorgdrager Thursday opened an Internet site where surfers
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on the world-wide web could report child pornography.
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``The web-site provider will ask the issuer to remove the
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child pornography from the Internet and will report them to the
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police if they fail to do so,'' she said at the opening of the
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site, a self-regulatory service from Internet access providers.
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Child pornography is prohibited under Dutch law and
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offenders face jail terms of up to four years.
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Sorgdrager said Dutch input on the Internet formed only a
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tiny part of the total. The fight against child pornography
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would only succeed if other European Union member states adopted
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the idea.
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The Dutch foundation of Internet providers, which maintains
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the web-site, said it expected a speedy removal of pornography.
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``In the start-up phase we tested the method on a Dutch
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distributor of child pornography who immediately stopped
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publishing images,'' said chairman Felipe Rodriguez.
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``The web-site will eliminate all on-line child pornography
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sent from the Netherlands,'' he said.
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Germany has recently acted against child pornography and
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racism on the Internet by banning entire discussion groups. This
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method is criticised by web-devotees who say that this violates
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their right to free speech.
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------------------------------
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Date: Fri, 14 Jun 1996 14:10:02 -0500 (CDT)
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From: Computer underground Digest <cudigest@SUN.SOCI.NIU.EDU>
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Subject: File 6--UK Encryption Bill (fwd)
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((MODERATORS' NOTE: The original headers of this fowarded post were
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deleted in the compilation process. Apologies to the sender -- jt))
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========
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The following was published yesterday in the Engineer magazine in the
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UK under the headline 'DTI plans for secure telecoms' -
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----------------------------
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"The government has recommended licensing 'trusted third parties' as
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conduits of encrypted information sent over public networks.
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In a white paper published this week, the Department of Trade and Industry
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has floated the plan of offering licenses to software firms 'known to be
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trustworthy'.
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'It is not the intention of the government to regulate the private use of
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encryption' says the white paper. 'It will, however, ensure that
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organisations and bodies wishing to provide encryption services to the
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public will be appropriately licensed.'
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Licensed organisations would allow compamies to send sensitive information
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to customers or other offices. It would, for instance, allow users of the
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Internet to send credit card details without the fear of them being picked
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up by a hacker. 'Secure electronic commerce between parties will become
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possible because they will have confidence in the security andintegrity of
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their dealings,' says the paper.
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Issues to be resolved include a 'common architectural framework' across
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countries, so information can be safely transmitted across boundaries."
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------------------------------
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Date: Sun, 23 Jun 1996 10:42:50 -0700 (PDT)
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From: Declan McCullagh <declan@well.com
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Subject: File 7--Response from Singapore on country's Net-regulations
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[Forwarded with permission. --Declan]
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---------- Forwarded message ----------
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Date--Mon, 24 Jun 1996 00:54:24 +-800
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From--tankh@singnet.com.sg
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Subject--Singapore Internet Regulations
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Dave Farber recently returned from a trip to Asia and has been sending
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recollections to IP. Read the second half of his note for this graf:
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"the Singapore Government is about to publish network content
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regulations which ban provider in Singapore from offering material which
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is considered offensive to the culture. ISPs (which are only 3 in number
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at this time) will be also required to block international URLs which
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lead to
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sites which contain such offensive information."
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I fear Singapore has taken the lead internationally in restricting online
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speech. Some of the reports I have at
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<http://www.cs.cmu.edu/~declan/international/:
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...
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- -Declan
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Dear Declan,
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I appreciate your material on the Internet but I must say that there are
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several aspects of your latest post (repeating some of David Farber's
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material) on Singapore's Internet Regulations that I feel need to be
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clarified in the interest of a informed discussion. This is a long note
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so those who are not interested have my sincere apologies in advance.
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(1) There are 3 IASPs (Internet Access Service Providers) in Singapore
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and these are licenced to operate. I think the number of IASPs will not
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be allowed to proliferate. Before anyone gets on to a soapbox about how
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wonderful healthy competition is and that IASPs should be allowed to
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propagate like wildflowers, consider the following:
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* Singapore is a very small market. There is a population of 3 million
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and geographically, its only about the size of Manhattan island.
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* The startup costs of IASPs is not insubstantial. Apart from the
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hardware there is the need for an International Leased Circuit for
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Internet access. T1 lines and up cost a fair bit. A lot of the
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equipment have short lifespan. For example, I think hundreds of 14.4
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modems had to be dumped to put in 28.8 ones last year.
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* Having invested such amounts into their infrastructure, it is only
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sensible that existing IASPs have some measure of protection from a
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free-for-all market.
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* Existing IASPs are able to offer fairly competitive prices (bearing in
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mind the high costs of the ILC to the US). Internet accounts are about
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$9.95 per month (US$6) for the first 12 hours and then $2.50 per hour
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(abt US$1.8). Service quality is also decent. One of my IASPs, for
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example, has more than a thousand phone lines for dial-up access, with a
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ration of dial-up lines to subscribers something in the region of 1:20.
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I believe this is considered to be very decent. Of course, IASPs in US
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can be much cheaper if ads in US Magazines are to be believed.
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Nonetheless, I think they are affordable in Singapore, and not unreasonable.
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In the premises, I think that the control of IASPs from proliferating is
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not necessarily a Bad Thing. Bear in mind also that there are no
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prequalifications or pre-registration requirements for holding Internet
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accounts. Anyone and everyone can apply to get a dial-up account.
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Better to have controls over the number of players in the market, and
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therefore assure certain service quality standards, than to allow a
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free-for-all with shoddy standards.
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(2) I think the position discussed by our policy makers is that sites
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with offensive materials should be blocked by IASPs. If policy makers
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determine what these sites are and inform IASPs accordingly, and the list
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is not too unmanageable from a technical point of view, this policy is
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also justifiable.
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HOWEVER, when you superimpose such a policy against a normative
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"standard" of freedom-for-all and unrestricted-access, then this policy
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would fall afoul of such a set of "norms." The thing is, that such a
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"norm" has never been accepted in Singapore, for better or for worse.
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The position is that controls on media are believed to be necessary.
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Whether or not you agree is not as important as the fact that such
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controls are in place and therefore, why not for the Internet?
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(3) I am not at all sure that its fair to say that "Singapore has taken
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the lead internationally in restricting online speech" -- If you look at
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all the materials on-line about restrictions imposed by various countries
|
|
on the Internet, from Germany to France to the (mebbe, hopefully
|
|
unsuccessful) CDA and all the other details in the recent Human Rights
|
|
Watch report, it seems that the "norm" of free unhindered access to
|
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information on the Internet is honoured more in its breach than its
|
|
observance. I have not read the "Singapore leader condemns Net" report
|
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that you have at your website recently and do not recall it much.
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|
However, I am able to say that on the whole, there is more or less
|
|
acceptance of the Internet as a fact of today's society and
|
|
communications network. Our policy makers have emphasised that they see
|
|
the benefits of the Internet, but are ever watchful of some of the darker
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parts of the Internet.
|
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|
(4) Contrary to Charlie Mullins response, search engines do not have to
|
|
go. If ultimately the search engine points to a place that is listed as
|
|
prohibited e.g. www.websex.com (fictitious, at least I don't know of such
|
|
a site), then the fact that the search engine points me to it does not
|
|
ultimately allow me to access the site if the site is properly blocked
|
|
(either IP level or whatever). However, as Declan pointed out in an
|
|
earlier comment, it would be simple to have an overseas proxy serve out
|
|
these web pages without it appearing as if the data came from the
|
|
originating site.
|
|
|
|
(5) Again Charlie Mullins is wrong if he thinks that it is intended that
|
|
someone sift through millions of web pages. However, if a patently
|
|
offensive web page is brought to the notice of the powers-that-be (by
|
|
users or sheer notoriety), then the appropriate listing of the site as
|
|
"banned" could be done.
|
|
|
|
(6) The powers-that-be have also opined that they recognise that
|
|
censorship will not be 100% effective, but that something *has* to be
|
|
done if only to make a statement.
|
|
|
|
Rgds,
|
|
|
|
TAN Ken Hwee
|
|
tankh@singnet.com.sg
|
|
|
|
Disclaimer -- I write in my personal capacity only.
|
|
|
|
------------------------------
|
|
|
|
Date: Wed, 3 Jul 1996 19:59:10 -0500
|
|
From: Declan McCullagh <declan@well.com>
|
|
Subject: File 8--German computer blackmail attempts
|
|
|
|
--------------------------
|
|
|
|
Date--Wed, 26 Jun 1996 13:35:25 +0100
|
|
From--frank@artcom.de (Frank Rieger)
|
|
|
|
The HERF-against-banks-story from the Sunday Times 3 weeks ago was somewhat
|
|
overhyped and has a lack of facts.. I have collected some facts on real
|
|
blackmail attempts performed in Germany on a much lower, but maybe
|
|
comparable level.
|
|
|
|
Since February 1996 until last week a person named Markus S=F6hnke
|
|
Ungerb=FChler was calling German banks and corporations, claiming he was a
|
|
member of the Chaos Computer Club and has hacked the corporate computer
|
|
system. He claimed, that he has his hands on data that proves tax
|
|
manipulations and other illegal activities of this company. He also claimed
|
|
the hacking of several systems in main German press magazines like stern and
|
|
Spiegel. Ungerb=FChler asked the banks and companies for paying him some
|
|
1000 Deutschmarks for giving them the data "back". Another scheme was to ask
|
|
for payment for removing allegedly planted negative-stories from the press
|
|
computers. As known by now all of some dozen companies and banks paid in
|
|
panic reaction for avoiding any press coverage. Only a very, very small
|
|
minority of victims asked the police for help - after paying. In several
|
|
cases Ungerb=FChler handed out some disks with the "data" in exchange for
|
|
the money. These disks were empty.
|
|
|
|
Mr. Ungerb=FChler has escaped in February from an psychiatric hospital,
|
|
where he was arrested cause of being an proven schizophrenic and
|
|
blackmailer. He started his activities two days after his getaway. He based
|
|
in London and operated via some Fax- and Voicemail boxes. The investigation
|
|
of the case was difficult, cause none of the victims was willing to prove
|
|
the identity of the blackmailer for the police etc. (Ungerb=FChler used to
|
|
show money couriers from the banks his authentic passport to prove he is the
|
|
right person to receive the money)
|
|
|
|
He is definitely not a member of the Chaos Computer Club and is, as far as
|
|
known by now, unable to hack into computer systems. He is simply a
|
|
confidence trickster.
|
|
|
|
The case shows, how fast and easy big companies pay, if they fear press
|
|
coverage of real or alleged problems. They pay to everyone who believable
|
|
claims to be _able_ to perform hacking or electronic attacks.
|
|
|
|
In the light of this case, I could imagine, that around 40 banks in London
|
|
City have paid for being not attacked by HERF - without the real prove, that
|
|
the blackmailers own such weapons. There is a real huge amount of
|
|
irrationality in computer security issues, especially in the financial
|
|
sector. It seems like no one trusts his security measures. As I have learned
|
|
in this case, these security-guys are thinking all the time in a worst-case
|
|
manner and if the worst case occurs they are unable to react rational. You
|
|
did not need Schwartau-style doomsday-weapons for getting lots of money - ou
|
|
only have to be eloquent and know the right buzzwords. Finally the
|
|
Ungerb=FChler-case was mainly fixed cause of massive activities of an
|
|
well-known international security company paid by one of the victims, not
|
|
cause of so good cooperation between police and the victims.
|
|
|
|
Frank
|
|
|
|
(source: partly from Der Spiegel 24.6.1996,
|
|
http://eunet.bda.de/bda/int/spon/magazin/gesel02.html)
|
|
|
|
------------------------------
|
|
|
|
Date: Tue, 2 Jul 1996 22:04:49 -0500
|
|
From: Declan McCullagh <declan@well.com>
|
|
Subject: File 9--F-C Dispatch #16: DoJ files appeal, Supreme Court ho!
|
|
|
|
Fight-Censorship Dispatch #16
|
|
---------------
|
|
Justice Department files appeal, Supreme Court ho!
|
|
---------------
|
|
By Declan McCullagh / declan@well.com / Redistribute freely
|
|
---------------
|
|
|
|
In this dispatch: Justice Department's appeal means long, tortuous process
|
|
A mysterious "Order on Motion for Clarification"
|
|
Text of Justice Department's Notice of Appeal
|
|
|
|
|
|
July 2, 1996
|
|
|
|
WASHINGTON, DC -- The Department of Justice yesterday appealed the
|
|
Philadelphia court's decision striking down the Communications Decency
|
|
Act, a move that sets the stage for a long, tortuous climb to the
|
|
Supreme Court.
|
|
|
|
The government's "Notice of Appeal" is a terse, two-page statement
|
|
saying they "hereby appeal" the "Adjudication and Order entered June
|
|
12," the day the special three-judge panel unanimously declared the CDA
|
|
to be unconstitutional and blocked the Justice Department from
|
|
enforcing it.
|
|
|
|
Next move is the DoJ's. They have until September 1 to file a
|
|
"jurisdictional statement" arguing that the Supreme Court should hear
|
|
their appeal.
|
|
|
|
The Supreme Court doesn't automatically have to accept jurisdiction,
|
|
notes Ann Beeson, an attorney with the ACLU. "The Supreme Court can
|
|
still decline to exercise jurisdiction over the case," she says,
|
|
adding: "They do not have the same kind of discretion they have in
|
|
a cert petition."
|
|
|
|
All the DoJ has to do is convince the Supremes that there's "still a
|
|
substantial federal question," says Beeson. "If they're not convinced
|
|
there is a question, they can decline the appeal."
|
|
|
|
But by all accounts, there's precious little chance of that happening.
|
|
|
|
After Justice files the jurisdictional statement, our attorneys have 30
|
|
days to file a response -- and then when the next term begins on October
|
|
7, the Supremes will meet to discuss the case. (If the procedure is
|
|
anything like granting cert, the votes will be cast in a secret
|
|
conference attended only by the justices and the actual vote won't be
|
|
disclosed.)
|
|
|
|
The climb to the nation's highest court will be only partly over by
|
|
then, since the court's decision to consider our case marks the start of
|
|
the briefing schedule. The government will have 45 more days to file
|
|
their arguments saying why the Philadelphia decision was wrong; we have
|
|
30 more days to rebut.
|
|
|
|
If the Department of Justice -- hardly the speediest bureaucracy in DC
|
|
-- uses all of their alloted time, the paperwork won't be complete
|
|
until Christmas.
|
|
|
|
And then the Supremes need plenty of time to digest it.
|
|
|
|
So everyone's best guess is that the Supreme Court will hear the
|
|
combined ACLU and ALA coalition lawsuits early next year -- just in
|
|
time for the rescheduled Electronic Freedom March on the nation's
|
|
Capitol.
|
|
|
|
As I wrote in a recent HotWired column:
|
|
|
|
"The ACLU predicts the Supreme Court will issue a decision near the
|
|
close of the next term, which ends in July 1997 -- just in time for
|
|
Congress to try again."
|
|
|
|
|
|
+-=-+-=-+-=-+-=-+-=-+-=-+-=-+-=-+-=-+-=-+-=-+-=-+-=-+-=-+-=-+-=-+-=-+-=-+-=-+
|
|
THE MYSTERIOUS "ORDER ON MOTION FOR CLARIFICATION"
|
|
+-=-+-=-+-=-+-=-+-=-+-=-+-=-+-=-+-=-+-=-+-=-+-=-+-=-+-=-+-=-+-=-+-=-+-=-+-=-+
|
|
|
|
You might be surprised by a mysterious sentence in the text of the
|
|
Justice Department's notice of appeal talking about a "Order on Motion
|
|
for Clarification" the court issued on June 28.
|
|
|
|
Not to worry. The judges ruled so vigorously in our favor that the DoJ
|
|
wanted to be sure the government could prosecute anyone they think
|
|
may violate other parts of the CDA.
|
|
|
|
"Because of the wording of the court's actual order, they unwittingly
|
|
called into question whether the DoJ could enforce the provisions of
|
|
the CDA that we didn't challenge," says Ann Beeson from the ACLU.
|
|
|
|
The Philadelphia court quickly issued the clarification.
|
|
|
|
|
|
+-=-+-=-+-=-+-=-+-=-+-=-+-=-+-=-+-=-+-=-+-=-+-=-+-=-+-=-+-=-+-=-+-=-+-=-+-=-+
|
|
TEXT OF JUSTICE DEPARTMENT'S "NOTICE OF APPEAL"
|
|
+-=-+-=-+-=-+-=-+-=-+-=-+-=-+-=-+-=-+-=-+-=-+-=-+-=-+-=-+-=-+-=-+-=-+-=-+-=-+
|
|
|
|
|
|
IN THE UNITED STATES DISTRICT COURT
|
|
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
|
|
|
|
_____________________________________________________________
|
|
|
|
AMERICAN CIVIL LIBERTIES UNION, : CIVIL ACTION
|
|
et al., Plaintiffs; : No. 96-963
|
|
:
|
|
v. :
|
|
:
|
|
JANET RENO, in her official :
|
|
capacity as Attorney General of :
|
|
the United States, Defendant. :
|
|
|
|
_____________________________________________________________
|
|
|
|
AMERICAN LIBRARY ASSOCIATION, : CIVIL ACTION
|
|
INC., et al., Plaintiffs; : No. 96-1458
|
|
:
|
|
v. :
|
|
:
|
|
UNITED STATES DEP'T OF JUSTICE, :
|
|
et al., Defendants. :
|
|
|
|
_____________________________________________________________
|
|
|
|
|
|
DEFENDANTS' NOTICE OF APPEAL
|
|
|
|
Notice is hereby given that defendant Janet Reno, in her official
|
|
capacity as Attorney General of the United States, hereby appeals,
|
|
pursuant to section 561(b) of the Telecommunications Act of 1996, Pub.
|
|
L. No. 104-104, Sec.561(b), 110 Stat. 143, to the Supreme Court of the
|
|
United States from the Adjudication and Order entered June 12, 1996, as
|
|
clarified by the Order on Motion for Clarification entered on June 28,
|
|
1996, in American Civil Liberties Union et al. v. Reno, Civ. A. No.
|
|
96-0963 (E.D. Pa.).
|
|
|
|
Notice is also hereby given that defendants United States Department of
|
|
Justice and Janet Reno, in her official capacity as Attorney General of
|
|
the United States, hereby appeal, pursuant to section 561(b) of the
|
|
Telecommunications Act of 1996, Pub. L. No. 104-104, Sec.561(b), 110
|
|
Stat. 143, to the Supreme Court of the United States from the
|
|
Adjudication and Order entered June 12, 1996, as clarified by the Order
|
|
on Motion for Clarification entered on June 28, 1996, in American
|
|
Library Ass'n, et al. v. Department of Justice, et al., Civ. A. No.
|
|
96-1458 (E.D. Pa.).
|
|
|
|
|
|
Respectfully Submitted,
|
|
|
|
MICHAEL R. STILES
|
|
United States Attorney
|
|
|
|
MARK R. KMETZ
|
|
Assistant United States Attorney
|
|
|
|
FRANK W. HUNGER
|
|
Assistant Attorney General
|
|
Civil Division
|
|
|
|
DENNIS G. LINDER
|
|
Director, Federal Programs Branch
|
|
|
|
[signed]
|
|
ANTHONY J. COPPOLINO
|
|
Trial Attorney
|
|
|
|
[signed]
|
|
JASON R. BARON
|
|
PATRICIA M. RUSSOTTO
|
|
Trial Attorneys
|
|
United States Department of Justice
|
|
Civil Division
|
|
Federal Programs Branch
|
|
901 E. Street N.W.
|
|
Washington, Dc 20530
|
|
Tel: (202) 514-4782
|
|
|
|
Date: July 1, 1996
|
|
|
|
|
|
---------------
|
|
|
|
MEA CULPA. In F-C Dispatch #13, I wrote that the Washington Post ran an
|
|
article "on the first page of the Outlook section bashing
|
|
"self-indulgent dross" and "crap" on the Net. I neglected to mention
|
|
that John Schwartz and Kara Swisher had an excellent rebuttal inside.
|
|
|
|
---------------
|
|
|
|
Mentioned in this CDA update:
|
|
|
|
HotWired column on what kind of net-censorship Congress will try next:
|
|
http://www.hotwired.com/netizen/96/24/declan4a.html
|
|
Fight-Censorship Dispatch #13:
|
|
http://fight-censorship.dementia.org/dl?num=2741
|
|
|
|
Fight-Censorship list <http://fight-censorship.dementia.org/top/>
|
|
Int'l Net-Censorship <http://www.cs.cmu.edu/~declan/international/>
|
|
Justice on Campus <http://joc.mit.edu/>
|
|
|
|
This document and previous Fight-Censorship Dispatches are archived at:
|
|
<http://fight-censorship.dementia.org/top/>
|
|
|
|
To subscribe to future Fight-Censorship Dispatches and related
|
|
announcements, send "subscribe fight-censorship-announce" in the body
|
|
of a message addressed to:
|
|
majordomo@vorlon.mit.edu
|
|
|
|
------------------------------
|
|
|
|
Date: Thu, 21 Mar 1996 22:51:01 CST
|
|
From: CuD Moderators <cudigest@sun.soci.niu.edu>
|
|
Subject: File 10--Cu Digest Header Info (unchanged since 7 Apr, 1996)
|
|
|
|
Cu-Digest is a weekly electronic journal/newsletter. Subscriptions are
|
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available at no cost electronically.
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|
|
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CuD is available as a Usenet newsgroup: comp.society.cu-digest
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|
|
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Or, to subscribe, send post with this in the "Subject:: line:
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|
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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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|
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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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LAWSIG, and DL1 of TELECOM; on GEnie in the PF*NPC RT
|
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------------------------------
|
|
|
|
End of Computer Underground Digest #8.51
|
|
************************************
|
|
|