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| This information brought to you by |
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| _ | |_ o _ ,_ |
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| (_|_|_|_)_|_(_)_| ) |
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| as a service to the cybercommunity. |
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Dear Friends:
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Once again the U.S. government is embarked upon a campaign to restrict
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our personal freedom on the electronic frontier. This time, the FBI &
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NSA are asking the Congress to severly restrict the use of cryptography
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in digital communications so that their electronic eavesdropping may
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continue to be effective. (Recall the recent arrest of Acid Phreak,
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Fiber Optik, & the rest, where the authorities used to wiretaps to
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intercept their digital transmissions?) _Boardwatch_ magazine described
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it this way:
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The proposed law would ban the use of secure cryptography on any
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message handled by a computerized communications network. It
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would further force service providers to build access points
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into their equipment through which the FBI--& conceivably any
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polic officer at any level--could eavesdrop on any conversation
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without ever leaving the comfort of headquarters.
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I recommend that all U.S. citizens educate themselves on this issue &
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contact their elected representatives NOW, before the proposal becomes
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law. Remember, as a regular user of digital communications media, you
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are far better equipped to understand the threat this poses to our
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privacy than the average member of Congress; it is up to you to educate
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them.
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Here are some places to go for further information: _Boardwatch_
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magazine, September 1992 ("FBI Seeks to Outlaw Cryptography" & "Pretty
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Good Privacy Version 2.0--Free Cryptography Software") for information
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about the proposed legislation; _2600_, Winter 1992 ("crypt() source")
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& Spring 1992 ("UNIX Password Hacker"), for a discussion of defeating
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UNIX encryption; & a recent issue of _Scientific American_ (sorry, no
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reference handy), which contains a detailed description of one possible
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method for using encryption to validate electronic signitures for bank
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transactions & the like.
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What follows is a recent mailing from CPSR concerning the current debate
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over encryption.
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Urizen
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------------------------------------------------------------------------
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Sender: Computer Professionals for Social Responsibility
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<CPSR%GWUVM.BITNET@pucc.Princeton.EDU>
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From: David Sobel <dsobel@washofc.cpsr.org>
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Subject: CPSR Letter on Crypto Polic
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X-To: CPSR List <cpsr@gwuvm.gwu.edu>
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To: Multiple recipients of list CPSR <CPSR%GWUVM.BITNET@pucc.Princeton.EDU>
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CPSR Letter on Crypto Policy
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The following is the text of a letter Computer Professionals for Social
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Responsibility (CPSR) recently sent to Rep. Jack Brooks, chairman of
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the House Judiciary Committee. The letter raises several issues concerning
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computer security and cryptography policy. For additional information on
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CPSR's activities in this area, contact banisar@washofc.cpsr.org. For
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information concerning CPSR generally (including membership information),
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contact cpsr@csli.stanford.edu.
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====================================================
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August 11, 1992
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Representative Jack Brooks
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Chairman
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House Judiciary Committee
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2138 Rayburn House Office Bldg.
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Washington, DC 20515-6216
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Dear Mr. Chairman:
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Earlier this year, you held hearings before the Subcommittee on
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Economic and Commercial Law on the threat of foreign economic espionage
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to U.S. corporations. Among the issues raised during the hearings were the
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future of computer security authority and the efforts of government
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agencies to restrict the use of new technologies, such as cryptography.
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As a national organization of computer professionals interested in the
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policies surrounding civil liberties and privacy, including computer
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security and cryptography, CPSR supports your efforts to encourage public
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dialogue of these matters. Particularly as the United States becomes
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more dependent on advanced network technologies, such as cellular
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communications, the long-term impact of proposed restrictions on
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privacy-enhancing techniques should be carefully explored in a public
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forum.
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When we had the opportunity to testify before the Subcommittee on
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Legislation and National Security in May 1989 on the enforcement of the
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Computer Security Act of 1987, we raised a number of these issues. We
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write to you now to provide new information about the role of the National
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Security Agency in the development of the Digital Signature Standard and
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the recent National Security Directive on computer security authority.
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The information that we have gathered suggests that further hearings are
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necessary to assess the activities of the National Security Agency since
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passage of the Computer Security Act of 1987.
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The National Security Agency
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and the Digital Signature Standard
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Through the Freedom of Information Act, CPSR has recently learned
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that the NSA was the driving force behind the selection and development
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of the Digital Signature Standard (DSS). We believe that the NSA's actions
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contravene the Computer Security Act of 1987. We have also determined
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that the National Institute of Standards and Technology (NIST) attempted
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to shield the NSA's role in the development of the DSS from public
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scrutiny.
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The Digital Signature Standard will be used for the authentication of
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computer messages that travel across the public computer network. Its
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development was closely watched in the computer science community.
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Questions about the factors leading to the selection of the standard were
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raised by a Federal Register notice, 56 Fed. Reg. 42, (Aug 30, 1991), in
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which NIST indicated that it had considered the impact of the proposed
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standard on "national security and law enforcement," though there was no
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apparent reason why these factors might be considered in the development
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of a technical standard for communications security.
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In August 1991, CPSR filed a FOIA request with the National Institute
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of Standards and Technology seeking all documentation relating to the
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development of the DSS. NIST denied our request in its entirety. The
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agency did not indicate that they had responsive documents from the
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National Security Agency in their files, as they were required to do under
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their own regulations. 15 C.F.R. Sec. 4.6(a)(4) (1992). In October 1991,
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we
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filed a similar request for documents concerning the development of the
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DSS with the Department of Defense. The Department replied that they
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were forwarding the request to the NSA, from whom we never received
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even an acknowledgement of our request.
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In April 1992, CPSR filed suit against NIST to force disclosure of the
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documents. CPSR v. NIST, et al., Civil Action No. 92-0972-RCL (D.D.C.). As
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a result of that lawsuit, NIST released 140 out of a total of 142 pages.
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Among those documents is a memo from Roy Saltman to Lynn McNulty
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which suggests that there were better algorithms available than the one
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NIST eventually recommended for adoption. If that is so, why did NIST
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recommend a standard that its own expert believed was inferior?
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Further, NIST was required under Section 2 of the Computer Security
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Act to develop standards and guidelines to "assure the cost-effective
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security and privacy of sensitive information in federal systems."
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However, the algorithm selected by NIST as the DSS was purposely
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designed to minimize privacy protection: its use is limited to message
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authentication. Other algorithms that were considered by NIST included
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both the ability to authenticate messages and the capability to
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incorporate privacy-enhancing features. Was NSA's interest in
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communication surveillance one of the factors that lead to the NIST
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decision to select an algorithm that was useful for authentication, but not
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for communications privacy?
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Most significantly, NIST also disclosed that 1,138 pages on the DSS
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that were created by the NSA were in their files and were being sent back
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to the NSA for processing. Note that only 142 pages of material were
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identified as originating with NIST. In addition, it appears that the
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patent
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for the DSS is filed in the name of an NSA contractor.
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The events surrounding the development of the Digital Signature
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Standard warrant further Congressional investigation. When Congress
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passed the Computer Security Act, it sought to return authority for
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technical standard-setting to the civilian sector. It explicitly rejected
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the proposition that NSA should have authority for developing technical
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guidelines:
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Since work on technical standards represents virtually
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all of the research effort being done today, NSA would
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take over virtually the entire computer standards job
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from the [National Institute of Standards and
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Technology]. By putting the NSA in charge of developing
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technical security guidelines (software, hardware,
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communications), [NIST] would be left with the
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responsibility for only administrative and physical
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security measures -- which have generally been done
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years ago. [NIST], in effect, would on the surface be
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given the responsibility for the computer standards
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program with little to say about the most important part
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of the program -- the technical guidelines developed by
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NSA.
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Government Operation Committee Report at 25-26, reprinted in 1988 U.S.
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Code Cong. and Admin. News at 3177-78. See also Science Committee
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Report at 27, reprinted in 1988 U.S.C.A.N. 3142.
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Despite the clear mandate of the Computer Security Act, NSA does,
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indeed, appear to have assumed the lead role in the development of the
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DSS. In a letter to MacWeek magazine last fall, NSA's Chief of Information
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Policy acknowledged that the Agency "evaluated and provided candidate
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algorithms including the one ultimately selected by NIST." Letter from
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Michael S. Conn to Mitch Ratcliffe, Oct. 31, 1991. By its own admission,
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NSA not only urged the adoption of the DSS -- it actually "provided" the
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standard to NIST.
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The development of the DSS is the first real test of the effectiveness
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of the Computer Security Act. If, as appears to be the case, NSA was able
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to develop the standard without regard to recommendations of NIST, then
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the intent of the Act has clearly been undermined.
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Congress' intent that the standard-setting process be open to public
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scrutiny has also been frustrated. Given the role of NSA in developing the
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DSS, and NIST's refusal to open the process to meaningful public scrutiny,
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the public's ability to monitor the effectiveness of the Computer Security
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Act has been called into question.
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On a related point, we should note that the National Security Agency
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also exercised its influence in the development of an important standard
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for the digital cellular standards committee. NSA's influence was clear in
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two areas. First, the NSA ensured that the privacy features of the
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proposed standard would be kept secret. This effectively prevents public
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review of the standard and is contrary to principles of scientific research.
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The NSA was also responsible for promoting the development of a standard
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that is less robust than other standards that might have been selected.
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This is particularly problematic as our country becomes increasingly
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dependent on cellular telephone services for routine business and personal
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communication.
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Considering the recent experience with the DSS and the digital cellular
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standard, we can anticipate that future NSA involvement in the technical
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standards field will produce two results: (1) diminished privacy
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protection for users of new communications technologies, and (2)
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restrictions on public access to information about the selection of
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technical standards. The first result will have severe consequences for
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the security of our advanced communications infrastructure. The second
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result will restrict our ability to recognize this problem.
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However, these problems were anticipated when Congress first
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considered the possible impact of President Reagan's National Security
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Decision Directive on computer security authority, and chose to develop
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legislation to promote privacy and security and to reverse efforts to limit
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public accountability.
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National Security Directive 42
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Congressional enactment of the Computer Security Act was a response
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to President Reagan's issuance of National Security Decision Directive
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("NSDD") 145 in September 1984. It was intended to reverse an executive
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policy that enlarged classification authority and permitted the
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intelligence community broad say over the development of technical
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security standards for unclassified government and non-government
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computer systems and networks. As noted in the committee report, the
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original NSDD 145 gave the intelligence community new authority to set
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technical standards in the private sector:
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[u]nder this directive, the Department of Defense (DOD)
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was given broad new powers to issue policies and
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standards for the safeguarding of not only classified
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information, but also other information in the civilian
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agencies and private sector which DOD believed should be
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protected. The National Security Agency (NSA), whose
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primary mission is one of monitoring foreign
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communications, was given the responsibility of
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managing this program on a day-to-day basis.
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H. Rep. No. 153 (Part 2), 100th Cong., 1st Sess. 6 (1987). The legislation
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was specifically intended to override the Presidential directive and to
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"greatly restrict these types of activities by the military intelligence
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agencies ... while at the same time providing a statutory mandate for a
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strong security program headed up by [NIST], a civilian agency." Id. at 7.
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President Bush issued National Security Directive ("NSD") 42 on July 5,
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1990. On July 10, 1990, Assistant Secretary of Defense Duane P. Andrews
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testified before the House Subcommittee on Transportation, Aviation, and
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Materials on the contents of the revised NSD. The Assistant Secretary
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stated that the "the new policy is fully compliant with the Computer
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Security Act of 1987 (and the Warner Amendment) and clearly delineates
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the responsibilities within the Federal Government for national security
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systems."
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On August 27, 1990, CPSR wrote to the Directorate for Freedom of
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Information of the Department of Defense and requested a copy of the
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revised NSD, which had been described by an administration official at the
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July hearing but had not actually been disclosed to the public. CPSR
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subsequently sent a request to the National Security Council seeking the
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same document. When both agencies failed to reply in a timely fashion,
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CPSR filed suit seeking disclosure of the Directive. CPSR v. NSC, et al.,
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Civil Action No. 91-0013-TPJ (D.D.C.).
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The Directive, which purports to rescind NSDD 145, was recently
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disclosed as a result of this litigation CPSR initiated against the National
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Security Council.
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The text of the Directive raises several questions concerning the
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Administration's compliance with the Computer Security Act:
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1. The new NSD 42 grants NSA broad authority over "national security
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systems." This phrase is not defined in the Computer Security Act and
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raises questions given the expansive interpretation of "national security"
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historically employed by the military and intelligence agencies and the
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broad scope that such a term might have when applied to computer
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systems within the federal government.
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If national security now includes international economic activity, as
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several witnesses at your hearings suggested, does NSD 42 now grant NSA
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computer security authority in the economic realm? Such a result would
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clearly contravene congressional intent and eviscerate the distinction
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between civilian and "national security" computer systems.
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More critically, the term "national security systems" is used
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throughout the document to provide the Director of the National Security
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Agency with broad new authority to set technical standards. Section 7 of
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NSD 42 states that the Director of the NSA, as "National Manager for
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National Security Telecommunications and Information Systems Security,"
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shall
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* * *
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c. Conduct, *approve*, or endorse research and
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development of techniques and equipment to secure
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national security systems.
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d. Review and *approve* all standards, techniques,
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systems, and equipment, related to the security of
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national security systems.
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* * *
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h. Operate a central technical center to evaluate and
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*certify* the security of national security
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telecommunications and information systems.
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(Emphasis added)
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Given the recent concern about the role of the National Security Agency
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in the development of the Digital Signature Standard, it is our belief that
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any standard-setting authority created by NSD 42 should require the most
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careful public review.
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2. NSD 42 appears to grant the NSA new authority for information
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security. This is a new area for the agency; NSA's role has historically
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been limited to communications security. Section 4 of the directive
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provides as follows:
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The National Security Council/Policy Coordinating
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Committee (PCC) for National Security Telecommuni-
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cations, chaired by the Department of Defense, under the
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authority of National Security Directives 1 and 10,
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assumed the responsibility for the National Security
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Telecommunications NSDD 97 Steering Group. By
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authority of this directive, the PCC for National Security
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Telecommunications is renamed the PCC for National
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Security Telecommunications and Information Systems,
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and shall expand its authority to include the
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responsibilities to protect the government's national
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security telecommunications and information systems.
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(Emphasis added).
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Thus, by its own terms, NSD 42 "expands" DOD's authority to include
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"information systems." What is the significance of this new authority?
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Will it result in military control of systems previously deemed to be
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civilian?
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3. NSD 42 appears to consolidate NSTISSC (The National Security
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Telecommunications and Information Systems Security Committee)
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authority for both computer security policy and computer security budget
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determinations.
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According to section 7 of the revised directive, the National Manager
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for NSTISSC shall:
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j. Review and assess annually the national security
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telecommunications systems security programs and
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budgets of Executive department and agencies of the U.S.
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Government, and recommend alternatives, where
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appropriate, for the Executive Agent.
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NTISSC has never been given budget review authority for federal
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agencies. This is a power, in the executive branch, that properly resides
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in the Office of Management and Budget. There is an additional concern
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that Congress's ability to monitor the activities of federal agencies may
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be significantly curtailed if this NTISSC, an entity created by presidential
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directive, is permitted to review agency budgets in the name of national
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security.
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4. NSD 42 appears to weaken the oversight mechanism established by
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the Computer Security Act. Under the Act, a Computer Systems Security
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and Privacy Advisory Board was established to identify emerging issues,
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to inform the Secretary of Commerce, and to report findings to the
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Congressional Oversight Committees. Sec. 3, 15 U.S.C. Sec. 278g-4(b).
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However, according to NSD 42, NSTISSC is established "to consider
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technical matters and develop operating policies, procedures, guidelines,
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instructions, and standards as necessary to implement provisions of this
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Directive." What is the impact of NSTISSC authority under NSD 42 on the
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review authority of the Computer Systems Security and Privacy Advisory
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Board created by the Computer Security Act?
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Conclusion
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Five years after passage of the Computer Security Act, questions
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remain about the extent of military involvement in civilian and private
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sector computer security. The acknowledged role of the National Security
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Agency in the development of the proposed Digital Signature Standard
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appears to violate the congressional intent that NIST, and not NSA, be
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responsible for developing security standards for civilian agencies. The
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DSS experience suggests that one of the costs of permitting technical
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standard setting by the Department of Defense is a reduction in
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communications privacy for the public. The recently released NSD 42
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appears to expands DOD's security authority in direct contravention of the
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intent of the Computer Security Act, again raising questions as to the role
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of the military in the nation's communications network.
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There are also questions that should be pursued regarding the National
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Security Agency's compliance with the Freedom of Information Act. Given
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the NSA's increasing presence in the civilian computing world, it is simply
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unacceptable that it should continue to hide its activities behind a veil of
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secrecy. As an agency of the federal government, the NSA remains
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accountable to the public for its activities.
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We commend you for opening a public discussion of these important
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issues and look forward to additional hearings that might address the
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questions we have raised.
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Sincerely,
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Marc Rotenberg,
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Director
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CPSR Washington Office
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=======================================================
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X-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-X
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Another file downloaded from: NIRVANAnet(tm)
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Salted Slug Systems Strange 408-454-9368
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Burn This Flag Zardoz 408-363-9766
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realitycheck Poindexter Fortran 415-567-7043
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Lies Unlimited Mick Freen 415-583-4102
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Tomorrow's 0rder of Magnitude Finger_Man 415-961-9315
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My Dog Bit Jesus Suzanne D'Fault 510-658-8078
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