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************************************************************
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*** EFF News #1.01 (January 7, 1991) ***
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*** The Electronic Frontier Foundation, Inc. ***
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*** SPECIAL EDITION: AMICUS BRIEF IN LEN ROSE CASE ***
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************************************************************
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************************************************************
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Editors: Mitch Kapor (mkapor@eff.org)
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Mike Godwin (mnemonic@eff.org)
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REPRINT PERMISSION GRANTED: Material in EFF News may be reprinted if you
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cite the source. Where an individual author has asserted copyright in
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an article, please contact her directly for permission to reproduce.
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E-mail subscription requests: effnews-request@eff.org
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Editorial submissions: effnews@eff.org
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We can also be reached at:
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Electronic Frontier Foundation
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155 Second St.
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Cambridge, MA 02141
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(617) 864-0665
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(617) 864-0866 (fax)
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USENET readers are encouraged to read this publication in the moderated
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newsgroup comp.org.eff.news. Unmoderated discussion of topics discussed
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here is found in comp.org.eff.talk.
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This publication is also distributed to members of the mailing list
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eff@well.sf.ca.us.
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************************************************************
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*** EFF News #1.01: AMICUS BRIEF IN ROSE CASE ***
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************************************************************
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ELECTRONIC FRONTIER FOUNDATION SEEKS AMICUS STATUS IN LEN ROSE CASE
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The Electronic Frontier Foundation has been tracking closely the
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cases in which Len Rose, a Baltimore Unix consultant, has been
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charged with crimes relating to the transmission of Unix software.
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The EFF believes that the federal prosecution pending against Rose
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in Baltimore and scheduled to go to trial at the end of this month
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raises important legal issues affecting the public interest in
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electronic communications. Accordingly, EFF has filed a motion seeking
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*amicus curiae* ("friend of the court") stauts to be heard on the
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important Constitutional and statutory issues raised by the
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case.
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EFF has simultaneously filed a memorandum of law in support of
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Len Rose's motion to dismiss the portion of the indictment charging
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him with violating the Computer Fraud and Abuse Act, Title 18
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United States Code, Section 1030(a)(6). EFF believes that this
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statute, which appears to prohibit the communication of a broad
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category of "information through which a computer may be accessed
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without authorization," is unconstitutionally vague and overbroad,
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and in violation of the First Amendment guarantees of freedom of
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speech and association. EFF supports the goal of preventing
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unauthorized computer intrusion, but believes that this statute
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sweeps too broadly, prohibiting constitutionally protected communications
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and chilling discussions about computer technology.
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An additional purpose of the brief is to introduce the trial court
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to the world of electronic communication and to make the court aware
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of the exciting possibilities it holds for speech and association.
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To that end, the brief cites to the Well (attaching its conference
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list as an addendum) and to EFF Co-founder John Perry Barlow's
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concept of the "virtual town meeting," published by the WHOLE EARTH
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REVIEW.
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The texts of the amicus motion, the amicus brief, and the
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attachment follow.
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*******************************************************
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IN THE UNITED STATES DISTRICT COURT
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FOR THE DISTRICT OF MARYLAND
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___________________________________
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)
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UNITED STATES OF AMERICA )
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)
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v. ) Criminal Case No. JSM-90-0202
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)
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)
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LEONARD ROSE )
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)
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___________________________________)
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MOTION OF ELECTRONIC FRONTIER FOUNDATION
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FOR LEAVE TO FILE MEMORANDUM OF LAW AMICUS CURIAE
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The Electronic Frontier Foundation, through its undersigned
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counsel, respectfully moves this Court for leave to appear as
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amicus curiae in the above-captioned case for the limited purpose
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of filing the attached memorandum of law in support of the
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defendant's motion to dismiss the portions of his indictment
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charging him with violations of the Computer Fraud and Abuse Act of
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1986, 18 1030(a)(6).
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This case, which is being watched nationwide, presents a
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constitutional question of first impression involving the CFAA that
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will have a profound impact on the development of computer-based
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communications technologies. For the reasons set forth below, EFF
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believes that the enclosed memorandum of law contains relevant
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authority and arguments that are not likely to be raised by the
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parties to this action and that would be of assistance to Court in
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deciding this important issue.
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1. The Electronic Frontier Foundation is a nonprofit
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organization established in 1990 to promote the public interest in
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the development of computer-based communication technology.
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2. The founders and directors of Electronic Frontier Foundation
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include Mitchell Kapor and Steven Wozniak, two of our nation's
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leading experts in the area of computer technology. Mr. Kapor
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founded the Lotus Development Corporation and designed and
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developed the Lotus 1-2-3 spreadsheet software. Mr. Wozniak was
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one of the co-founders of Apple Computer, Incorporated. These
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individuals have comprehensive knowledge of the developing
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computer-based technologies and the promises and threats they
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present.
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3. The Foundation's goals, as set forth in its mission
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statement, are as follows:
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Engage in and support educational activities which increase
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popular understanding of the opportunities and challenges
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posed by developments in computing and telecommunications.
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Develop among policy-makers a better understanding of the
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issues underlying free and open telecommunications, and
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support the creation of legal and structural approaches which
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will ease the assimilation of these new technologies by
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society.
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Raise public awareness about civil liberties issues arising
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from the rapid advancement in the area of new computer-based
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communications media. Support litigation in the public
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interest to preserve, protect, and extend First Amendment
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rights within the realm of computing and telecommunications
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technology.
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Encourage and support the development of new tools which will
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endow non-technical users with full and easy access to
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computer-based telecommunication.
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4. While the Foundation regards unauthorized entry into
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computer systems as wrong and deserving of punishment, it also
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believes that legitimate law enforcement goals must be served by
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means that do not violate the rights and interest of the users of
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electronic technology and that do not chill use and development of
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this technology.
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5. This case presents a question of first impression that falls
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squarely within the expertise and interest of the Electronic
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Frontier Foundation -- whether the CFAA, which makes it a crime to
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communicate "information through which a computer may be accessed
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without authorization," is unconstitutionally overbroad and vague,
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in violation of the First and Fifth Amendments. The Court's ruling
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on this issue could have important implications for speech and
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publications relating to computer-based technologies, and,
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ultimately, for the use and development of these technologies.
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Accordingly, the Electronic Frontier Foundation respectfully
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requests that this Court grant it leave to appear as amicus curiae
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and to file the attached memorandum of law on this important
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constitutional issue.
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DATED: January 7, 1991
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Respectfully submitted,
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THE ELECTRONIC FRONTIER FOUNDATION
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by its Attorneys,
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______________________________
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Harvey A. Silverglate
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Sharon L. Beckman
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Silverglate & Good
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89 Broad St., 14th Floor
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Boston, Massachusetts 02110
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(617) 542-6663
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Michael Godwin, Staff Attorney
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Electronic Frontier Foundation
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155 Second Street
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Cambridge, Massachusetts 02141
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(617) 864-0665
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--
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IN THE UNITED STATES DISTRICT COURT
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FOR THE DISTRICT OF MARYLAND
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______________________________
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)
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UNITED STATES OF AMERICA )
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)
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v. ) Crim. Case No. JSM-90-0202
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)
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LEONARD ROSE )
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_______________________________)
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MEMORANDUM OF LAW AMICUS CURIAE OF THE
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ELECTRONIC FRONTIER FOUNDATION
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IN SUPPORT OF DEFENDANT'S MOTION TO DISMISS
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COUNTS I AND II OF THE INDICTMENT
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This is a case of first impression involving the Computer Fraud and
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Abuse Act of 1986 (CFAA), 18 U.S.C. 1030(a)(6), which makes it a crime
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to disseminate certain "information" relating to computers and
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computer security.*1* Amicus curiae The Electronic Frontier
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Foundation*2* submits this memorandum of law in support of the
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defendant's motion to dismiss the two counts of the indictment
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charging him with violating section 1030(a)(6) on the ground that the
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law issubstantially overbroad and vague, in violation of the First and
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Fifth Amendments to the United States Constitution.
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INTRODUCTION
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Advances in computer technology have enabled new methods of
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communication, including computer conferencing systems (often
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referred to as electronic bulletin boards), electronic mail, and online
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publications. Note, An Electronic Soapbox: Computer Bulletin Boards
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and the First Amendment, 39 Fed. Comm. L. J. 217 (1988).*3* These
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media, still in their embryonic stages of development, offer great
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promise for a society that values freedom of speech and association, for
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they are inexpensive, easily accessible, and permit instantaneous
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communication and association without regard to geographic
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boundaries. As Professor Tribe has observed, computers are fast
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becoming the printing presses of the future: "As computer terminals
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become ubiquitous and electronic publishing expands, the once
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obvious boundaries between newspapers and television, telephones
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and printing pressed, become blurred." L. Tribe, American
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Constitutional Law 1009 (1988). EFF founder Mitchell Kapor has
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described how computer-based communications also facilitate freedom
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of association:
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In the physical world, our sense of community withers. Urban centers
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as places to live are being abandoned by all who can afford to leave. In
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the global suburbs in which more and more of us live, one's horizon is
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limited to the immediate family. Even close neighbors are often
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anonymous.
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In the realities that can be created within digital media there are
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opportunities for the formation of virtual communities--voluntary
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groups who come together not on the basis of geographical proximity
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but throug a common interest. Computer and telecommunications
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systems represent an enabling technology for the formation of
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community, but only if we make it so.
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. Kapor, Why Defend Hackers?, 1 EFF News (December 10, 1990).*4*
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See I. de Sola Pool, Technologies of Freedom (1983); L. Becker, Jr., The
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Liability of Computer Bulletin Board Operators for Defamation Posted
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by Others, 22 Conn. L. Rev. 203 (1989) ("Many computers owners find
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these boards anew and exciting medium of communication."); Note,
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An Electronic Soapbox, 39 Fed. Comm. L.J. at 218P223.
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The possibilities for communication and association through
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electronic conferencing are limited only by the inclinations and
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imaginations of systems operators and users. While computer
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technology is one popular topic for discussion on bulletin board
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systems, these systems also facilitate wide-ranging discussions of
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literary, artistic, social and political issues. Id. at 222. See, e.g.,
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Attachment A (a print out of the list of conferences available on the
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Whole Earth `Lectronic Link, popularly known as the WELL, a BBS
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operated out of Sausalito, California). The analogies used to describe
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electronic conferencing systems -- ranging from a public bulletin
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board*5* to a virtual town meeting*6* -- indicate the richness of these
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fora for communication and association.
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Increasing reliance by individuals, businesses and government on
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computer technology has also given rise to other interests, including
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new permutations of privacy andproperty interests, in electronically
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stored information. The protection of these new interests is a proper
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concern of government; but in creating new prohibitions and
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protections, the government ought not, indeed constitutionally may
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not, sweep so broadly as to prohibit the dissemination of information
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relating to the new technology.
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The law is now struggling to catch up with changes in computer-
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based technology. Unless lawyers and judges appreciate the promises
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of computer-based technology for speech and association, and unless
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they afford electronic communications the full protections of the First
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Amendment, the resulting law will stifle these developing
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communications media. Tribe has described the problem and its
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consequences this way:
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The rate of technological change has outstripped the ability of the law,
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lurching from one precedent to another, to address new realities.
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Novel communications are pressed into service while still in their
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infancy, and the legal system's initial encounters with these newborns
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have a lasting influence....`[t]echnical laymen, such as judges, perceived
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the new technology in that early, clumsy form, which then becomes
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their image of its nature, possibilities, and use. This perception is an
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incubus on later understanding.'"
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L. Tribe, American Constitutional Law 1007 (1988) (quoting I. de Sola
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Pool, Technologies of Freedom 7 (1983).
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The Supreme Court has made clear that the Constitution is flexible
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enough to protect interests created by new technologies unimaginable
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to the framers. We have seen this evolution, for example in response
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to developments in wiretap technology, which enabled the
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government to intercept communications without physical trespass.
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Recognizing that constitutional doctrine must evolve with interests
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created by new technology, the Supreme Court abandoned its trespass-
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based analysis and ruled that the Fourth Amendment protects not only
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private physical areas but also communications in which an individual
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has an reasonable expectation of privacy. Katz v. United States, 389
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U.S. 347 (1967).
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There is no question that speech and association accommodated by
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computer-based technologies are protected by the First Amendment.
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The question before this Court is whether, in its early attempts to
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regulate these new technologies, the government has swept too
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broadly, chilling the freedom of speech and association that the
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Constitution guarantees.
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ARGUMENT
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SECTION 1030(a)(6) OF THE COMPUTER FRAUD AND ABUSE ACT
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IS UNCONSTITUTIONALLY OVERBROAD AND VAGUE
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IN VIOLATION OF THE FIRST AMENDMENT GUARANTEES
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OF FREEDOM OF SPEECH AND OF THE PRESS AND OF
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ASSOCIATION.
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A statute is unconstitutionally overbroad on its face if it "does not
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aim specifically at evils within the allowable area of [government]
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control, but ... sweeps within its ambit other activities that constitute an
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exercise" of protected expressive or associational rights. Thornhill v.
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Alabama, 310 U.S. 88, 97 (1940) (holding statute prohibiting picketing
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facially invalid because it banned even peaceful picketingprotected by
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the First Amendment).*7* Section 1030(a)(6) suffers from this fatal
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flaw because, on its face, it appears to prohibit the possession or
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communication of constitutionally protected speech and writing
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concerning computer systems or computer security.
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Section 1030(a)(6) prohibits trafficking "in any password or similar
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information through which a computer may be accessed without
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authorization." The word "password" is not defined in the statute, but
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the legislative history suggests that Congress intended it to be
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interpreted so as to include a password or its functional equivalent--a
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code or command that functions like the combination to a safe:
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The Committee also wishes to make clear that "password", as used in
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this subsection, does not mean only a single word that enables one to
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access a computer. The Committee recognizes that a "password" may
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actually be comprised of a set of instructions or directions for gaining
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access to a computer and intends that the word "password" be
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construed broadly enough to encompass both single words and longer
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more detailed explanations on how to access others' computers.
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S. Rep. No. 432, 99th Cong., 2d Sess. 13 (1986).*8*
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The Senate Report also indicates that the word password was intended
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to reach "conduct associated with `pirate bulletin boards.'" Id. The
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word "traffic" is also broadly defined to mean "transfer, or otherwise
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dispose of, to another or obtain control of with intent to transfer or
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dispose of." 18 U.S.C. 1029(e)(5).
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The most problematic statutory phrase is the one under which the
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defendant is charged, making it a criminal offense to communicate
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"information through which a computer may be accessed without
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authorization."*9* This phrase is not defined in the statute, and if it is
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construed to prohibit the communication of information other than
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"passwords" or "detailed explanations on how to access others'
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computers,"*10* its scope would be impossible to ascertain.
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On its face, then, section 1030(a)(6) could be used to prohibit the
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communication of a broad category of information relating to
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computers or even the mere possession of such information by one
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who intends to to communicate it. The statute would apparently
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prohibit the giving of a speech or the publication of a scholarly article
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on computer security if the speech or article contained "information"
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that another person could use to access a computer without
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authorization. The statute could be read to prohibit computer
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professionals from discussing the operations of programs designed to
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test computer security, since such knowledge could be used to facilitate
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access to a computer system without authorization. The statute is even
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susceptible to an interpretation that would prohibit a journalist from
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publishing an article describing the security deficiencies of a
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government computer system, even if all of the information contained
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in the article came from publicly available sources.
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The claim that section 1030(a)(6) could be used to prosecute a
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journalist and that it therefore has a chilling effect on freedom of the
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press is not simply imagined. In United States v. Riggs, 739 F. Supp.
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414, 416 n.1 (N.D. Ill. 1990), a federal grand jury returned a multicount
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indictment charging the editor/publisher of an electronic newsletter
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with "traffick[ing] in information through which a computer may be
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accessed without authorization," in violation of section 1030(a)(6).
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Although the government eventuallydropped the section 1030(a)(6)
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charges,*11* the prosecution has had a substantial chilling effect on
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Neidorf, who is no longer publishing his newsletter.
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The statute is also overbroad in that it appears to sweep within its
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prohibition discussions regarding computer systems and computer
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security taking place on electronic bulletin boards. The legislative
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history of section 1030(a)(6) reveals that while Congress intended the
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provision to penalize conduct associated with electronic bulletin
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boards, Congress may not have been aware of the richness, depth, and
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variety of discussions its language would prohibit. The Senate Report
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states that section 1030(a)(6) was "aimed at penalizing conduct
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associated with `pirate bulletin boards,' where passwords are displayed
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that permit unauthorized access to others' computers." Senate Report
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at 13. Yet the statutory language sweeps much more broadly,
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prohibiting not only the posting of passwords, but also discussion of
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other "information" that could theoretically be used by another to
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access a computer without authorization. This is not surprising, for
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while the legislative history is replete with references to so-called
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"pirate bulletin boards," there is no indication in the history that
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Congress was made aware of the sophisticated and constitutionally
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protected discussions about computers and computer security occurring
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on bulletin board systems across the country on a daily basis.
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Section 1030(a)(6) violates the First Amendment because it prohibits
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constitutionally protected communications about computers and
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computer security because of their communicative impact. The
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statutory requirement that the defendant possess an intent to defraud
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does not cure this defect. Communications concerning computers and
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computer security are constitutionally protected, unless they fall within
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the narrow subset of communications amounting to "advocacy ...
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directed to inciting or producing imminent lawless action" and "likely
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to incite or produce such action." Brandenburg v. Ohio, 395 U.S. 444
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(1967). Outside this narrowly defined category of unprotected speech,
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Congress may not pass a law prohibiting the dissemination of
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information about computers or computer security unless the
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prohibition is "necessary to serve a compelling [government] interest
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and ... narrowly drawn to achieve that end." See Widmar v. Vincent,
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454 U.S. 263 (1981). Even if the purpose underlying section 1030(a)(6) P
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P presumably, preventing unauthorized intrusion into computers in
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which the government has an interest -- were considered to be
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"compelling," it is apparent that the broad prohibition of the
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communication of "information through which a computer may be
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accessed without authorization" is not "narrowly drawn" to achieve
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that end.
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The potential unconstitutional applications of this statute to
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protected and socially productive speech and activity far exceed its
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legitimate reach. As the Riggs case demonstrates, this is plainly not a
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statute whose overbreadth could be deemed insubstantial or imagined.
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Broadrick v. Oklahoma, 413 U.S. at 616 (where conduct and not merely
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speech is involved, the overbreadth of a statute must be "substantial ...
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judged in relation to the statute's plainly legitimate sweep").
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The overbreadth of this statute cannot be cured through case-by-
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case adjudication. Given the broad definition of "password" suggested
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by the legislative history of the CFAA, it impossible to imagine what
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additional "information" sharing Congress could constitutionally
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prohibit. The statutory language under which the defendant is charged
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-- prohibiting dissemination of "information that could be used to
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access a computer without authorization," has no constitutionally
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legitimate core. See Houston v. Hill, 107 S. Ct. 2502 (1987) (invalidating
|
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ordinance forbidding the interruption of an onPduty police officer
|
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because there was no definable core of constitutionally unprotected
|
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expression to which it could be limited).
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Moreover, judicial efforts to narrow the scope of this language
|
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through case-by-case adjudication could not eliminate its direct and
|
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substantial chilling effect on research, education, and discussions
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concerning computer technology. Application of the overbreadth
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doctrine is appropriate where, as here, the "statute's very existence may
|
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cause others not before the court to refrain from constitutionally
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protected speech or expression." Broadrick v. Oklahoma, 413 U.S. at
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613. The Supreme Court has repeatedly emphasized that
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"[p]recision of regulation must be the touchstone in an area so closely
|
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touching our most precious freedoms," N.A.A.C.P. v. Button, 371 U.S.
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415, 438 ..."[f]or standards of permissible statutory vagueness are strict
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in the area of free expression.... Because First Amendment Freedoms
|
|
need breathing space to survive, government may regulate in the area
|
|
only with narrow specificity." Id. at 432P433 .... When one must guess
|
|
what conduct or utterance may lose him his position one necessarily
|
|
will "steer far wider of the unlawful zone .... Speiser v. Randall, 357
|
|
U.S. 513 .... For "[t]he threat of sanctions may deter ... almost as potently
|
|
as the actual application of sanctions. N.A.A.C.P. v. Button, supra....
|
|
The danger of that chilling effect upon the exercise of vital First
|
|
Amendment rights must be guarded against by sensitive tools which
|
|
clearly inform [individuals] what is being proscribed."
|
|
|
|
Keyishian v. Board of Regents, 385 U.S. 607, 603P604 (1967).
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|
|
|
This statute hangs over citizens "like a sword of Damocles,"
|
|
threatening them with prosecution for any speech or writing relating
|
|
to computer security. That a court may ultimately vindicate such
|
|
citizens "is of little consequence--for the value of a sword of Damocles
|
|
is that it hangs--not that it falls." Arnett v. Kennedy, 416 U.S. 230, 232
|
|
(1974)(Marshall, J., dissenting). For every speaker or writer who risks
|
|
criminal prosecution "by testing the limits of the statute, many more
|
|
will chose the cautious path and not speak at all." Id.
|
|
For the reasons given above, the Electronic Frontier Foundation
|
|
urges this Court to invalidate section 1030(a)(6) on the ground that it is
|
|
unconstitutionally vague and overbroad.
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DATED: January 7, 1991.
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|
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Respectfully submitted,
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THE ELECTRONIC FRONTIER FOUNDATION,
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Amicus Curiae,
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by its Attorneys,
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|
|
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____________________________
|
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Harvey A. Silverglate
|
|
Sharon L. Beckman
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|
Silverglate & Good
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|
89 Broad St., 14th Floor
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|
Boston, Massachusetts 02110
|
|
(617) 542-6663
|
|
|
|
Michael Godwin, Staff Attorney
|
|
Electronic Frontier Foundation
|
|
155 Second Street
|
|
Cambridge, Massachusetts 02141
|
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(617) 864-0665
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|
|
|
FOOTNOTES:
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|
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*1* 18 U.S.C. (a)(6)(b) makes it a criminal offense to knowingly and
|
|
with intent to defraud traffic[] (as defined in section 1029) in any
|
|
password or similar information through which a computer may be
|
|
accessed without authorization, if .. such trafficking affects interstate or
|
|
foreign commerce.
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|
|
|
*2* The Electronic Frontier Foundation is a nonprofit organization
|
|
established to promote the public interest in the development of
|
|
computer-based communications technology. See Motion of Electronic
|
|
Frontier Foundation for Leave to File Memorandum of Law Amicus
|
|
Curiae (setting forth the Foundation's goals).
|
|
|
|
*3* An electronic bulletin board system (BBS) is a conferencing
|
|
system made of computers communicating over telephone lines.
|
|
Anyone with a computer, a modem, and a telephone line has the
|
|
necessary tools to access a BBS. A BBS is accessed the same way one
|
|
accesses a database like WESTLAW or LEXIS. Unlike these databases,
|
|
however, a BBS typically permits users to give as well as receive
|
|
information. See Note, An Electronic Soapbox, 39 Fed. Comm. L.J. at
|
|
218.
|
|
A BBS is facilitated and maintained by a "systems operator,"
|
|
whose computer has the hardware and software necessary to run the
|
|
BBS. A BBS, and the conferences within it, can be designed to be
|
|
private (permitting access only to authorized users) or public
|
|
(permitting access to all callers). BBSs range in size from systems
|
|
accommodating only a few users to large commercial enterprises
|
|
servicing hundreds of thousands of users. Some BBSs permit
|
|
simultaneous electronic conversations among users. Most BBS
|
|
systems also offer an electronic mail service, whereby a user can send
|
|
private mail another user or users. Id., at 218-221.
|
|
|
|
*4* EFF News is an electronic publication containing "news,
|
|
information, and discussion about the world of computer-based
|
|
communications media." 1 EFF News (December 19, 1990). It covers
|
|
issues such as "freedom of speech in digital media, privacy rights,
|
|
censorship, standards of responsibility for users and operators of
|
|
computer systems, policy issues such as the development of national
|
|
information infrastructure, and intellectual property." Id.
|
|
|
|
*5* One writer has argued that a electronic conferencing system "can
|
|
be thought of as the electronic analogy to a public, ordinary bulletin
|
|
board -- a kind of computerized Democracy Wall -- on which users
|
|
can post whatever information they desire, and from which users can
|
|
retrieve information provided by others." L. Becker, supra, 22 Conn. L.
|
|
Rev. at 204. See also Note, An Electronic Soapbox, 39 Fed. Comm. L.J.
|
|
at 217 (analogizing to a grocery store message board).
|
|
|
|
*6* J. Barlow, Crime and Puzzlement, 68 Whole Earth Review 44, 45
|
|
(1990).
|
|
|
|
*7* Recognizing that an overbroad criminal statute has a chilling
|
|
effect on constitutionally protected speech and association well beyond
|
|
the prosecutions in which it is employed, the Supreme Court has ruled
|
|
that an overbreadth challenge may be raised even by one whose own
|
|
conduct does not fall within the protected category. Broadrick v.
|
|
Oklahoma, 413 U.S. 615, 612P613 (1973) (citing Dombrowski v. Pfister,
|
|
380 U.S. 479, 486 (1965) (permitting First Amendment challenge by
|
|
litigants whose conduct fell squarely within the "hard core" of the
|
|
statutory prohibition)).
|
|
|
|
*8* The version of section 1030(a)(6) considered by the Senate (S.
|
|
2281) is identical to the language of the House bill that was ultimately
|
|
enacted into law. Compare 18 U.S.C. 1030(a)(6), with Hearing on S.
|
|
2281 Before the Committee on the Judiciary, 99th Cong., 2d Sess. 7P14
|
|
(1986) (full text of S. 2281).
|
|
|
|
*9* See Counts I and II of the indictment against Leonard Rose.
|
|
|
|
*10* See Sutherland Statutory Construction 46.06 ("A statute should
|
|
be construed so that effect is given to all its provisions, so that no part
|
|
will be inoperative or superfluous, void or insignificant.")
|
|
|
|
*11* Compare United States v. Riggs, 739 F. Supp at 416 n.1, with
|
|
United States v. Riggs, 743 F. Supp. 556, 558-559 (N.D. Ill. 1990)
|
|
(discussing remaining non-CFAA charges). The Government entered
|
|
into a Pretrial Diversion Agreement with Craig Neidorf with respect to
|
|
the remaining charges after trial testimony established that the
|
|
information Neidorf had published in his newsletter was publicly
|
|
available. "U.S. Drops Computer Case Against Student," New York
|
|
Times p. 7 col.3 (July 28, 1990); "`Hacking' Crackdown is Dealt a Setback
|
|
in Trial in Chicago," Wall St. Journal p. B3 (July 30, 1990).
|
|
|
|
|
|
|
|
ATTACHMENT A
|
|
|
|
CONFERENCES ON THE WELL
|
|
|
|
Best of the WELL - vintage material - (g best)
|
|
|
|
Business - Education
|
|
----------------------
|
|
|
|
Apple Library Users Group(g alug) Agriculture (g agri)
|
|
Brainstorming (g brain) Classifieds (g cla)
|
|
Consultants (g consult) Consumers (g cons)
|
|
Design (g design) Desktop Publishing(g desk)
|
|
Disability (g disability) Education (g ed)
|
|
Entrepreneurs (g entre) Homeowners (g home)
|
|
Investments (g invest) Legal (g legal)
|
|
One Person Business (g one) Periodical/newsletter(g per)
|
|
Telecomm Law (g tcl) The Future (g fut)
|
|
Translators (g trans) Travel (g tra)
|
|
Work (g work)
|
|
|
|
Social - Political - Humanities
|
|
---------------------------------
|
|
Aging (g gray) AIDS (g aids)
|
|
Amnesty International (g amnesty) Archives (g arc)
|
|
Berkeley (g berk) Buddhist (g wonderland)
|
|
East Coast (g east) Emotional Health****(g private)
|
|
Environment (g env) Christian (g cross)
|
|
Couples (g couples) Current Events (g curr)
|
|
Dreams (g dream) Drugs (g dru)
|
|
|
|
Firearms (g firearms) First Amendment (g first)
|
|
Fringes of Reason (g fringes) Gay (g gay)
|
|
Gay (Private)# (g gaypriv) Geography (g geo)
|
|
German (g german) Hawaii (g aloha)
|
|
Health (g heal) Histor (g hist)
|
|
Interview (g inter) Italian (g ital)
|
|
Jewish (g jew) Liberty (g liberty)
|
|
Mind (g mind) Miscellaneous (g unclear)
|
|
Men on the WELL** (g mow) Nonprofits (g non)
|
|
|
|
North Bay (g north) Northwest (g nw)
|
|
Parenting (g par) Peace (g pea)
|
|
Peninsula (g pen) Poetry (g poetry)
|
|
Philosophy (g phi) Politics (g pol)
|
|
Psychology (g psy) San Francisco (g sanfran)
|
|
Scam (g scam) Sexuality (g sex)
|
|
|
|
Singles (g singles) Southern (g south)
|
|
Spirituality (g spirit) Transportation (g transport)
|
|
True Confessions (g tru) WELL Writer's Workshop***(g www)
|
|
Whole Earth (g we) Women on the WELL*(g wow)
|
|
Words (g words) Writers (g wri)
|
|
|
|
**** Private Conference - mail wooly for entry
|
|
***Private conference - mail sonia for entry
|
|
** Private conference - mail flash for entry
|
|
* Private conference - mail carolg for entry
|
|
# Private Conference - mail hudu for entry
|
|
|
|
Arts - Recreation - Entertainment
|
|
-----------------------------------
|
|
ArtCom Electronic Net (g acen) Audio-Videophilia (g aud)
|
|
Boating (g wet) Books (g books)
|
|
CD's (g cd) Comics (g comics)
|
|
Cooking (g cook) Flying (g flying)
|
|
Fun (g fun) Games (g games)
|
|
Gardening (g gard) Nightowls* (g owl)
|
|
Jokes (g jokes) MIDI (g midi)
|
|
|
|
Movies (g movies) Motorcycling (g ride)
|
|
Music (g mus) On Stage (g onstage)
|
|
Pets (g pets) Radio (g rad)
|
|
|
|
Restaurant (g rest) Science Fiction (g sf)
|
|
Sports (g spo) Star Trek (g trek)
|
|
Television (g tv) Theater (g theater)
|
|
Weird (g weird) Zines/Factsheet Five (g f5)
|
|
|
|
* Open from midnight to 6am
|
|
|
|
Grateful Dead
|
|
-------------
|
|
Grateful Dead (g gd) Deadplan* (g dp)
|
|
Deadlit (g deadlit) Feedback (g feedback)
|
|
GD Hour (g gdh) Tapes (g tapes)
|
|
Tickets (g tix) Tours (g tours)
|
|
|
|
* Private conference - mail tnf or marye for entry
|
|
|
|
Computers
|
|
-----------
|
|
AI/Forth (g ai) Amiga (g amiga)
|
|
Apple (g app) Atari (g ata)
|
|
Computer Books (g cbook) Art & Graphics (g gra)
|
|
Hacking (g hack) HyperCard (g hype)
|
|
IBM PC (g ibm) LANs (g lan)
|
|
Laptop (g lap) Macintosh (g mac)
|
|
|
|
Mactech (g mactech) Microtimes (g microx)
|
|
OS/2 (g os2) Printers (g print)
|
|
Programmer's Net (g net) Software Design (g sdc)*
|
|
Software/Programming (software) Unix (g unix)
|
|
|
|
Word Processing (g word)
|
|
|
|
* Private Conference - Send email to tao for entry.
|
|
|
|
Technical - Communications
|
|
----------------------------
|
|
Bioinfo (g bioinfo) Info (g boing)
|
|
Media (g media) Netweaver (g netweaver)
|
|
Packet Radio (g packet) Photography (g pho)
|
|
Radio (g rad) Science (g science)
|
|
Technical Writers (g tec) Telecommunications(g tele)
|
|
Usenet (g usenet) Video (g vid)
|
|
Virtual Reality (g vr)
|
|
|
|
The WELL Itself
|
|
---------------
|
|
Deeper (g deeper) Entry (g ent)
|
|
General (g gentech) Help (g help)
|
|
Hosts (g hosts) Policy (g policy)
|
|
System News (g news) Test (g test)
|
|
|
|
|
|
|
|
Downloaded From P-80 International Information Systems 304-744-2253
|