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Computer underground Digest Sun Oct 8, 1995 Volume 7 : Issue 79
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ISSN 1004-042X
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Editors: Jim Thomas and Gordon Meyer (TK0JUT2@MVS.CSO.NIU.EDU
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Archivist: Brendan Kehoe
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Shadow Master: Stanton McCandlish
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Field Agent Extraordinaire: David Smith
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Shadow-Archivists: Dan Carosone / Paul Southworth
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Ralph Sims / Jyrki Kuoppala
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Ian Dickinson
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Cu Digest Homepage: http://www.soci.niu.edu/~cudigest
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CONTENTS, #7.79 (Sun, Oct 8, 1995)
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File 1--What Me Worry? "The Real Cyberpunk Fakebook" reviewed
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File 2--Re: Minesota laws...
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File 3--Re Randal Schwartz (#7.78)
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File 4-- Datasphere Cliche Alert / Jargon Patrol #1, Oct. 2, 1995
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File 5-- ACLU Cyber-Liberties Update 10/4 (long)
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File 6--EYENET: The Loonie's Egg
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File 7--Cu Digest Header Info (unchanged since 19 Apr, 1995)
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CuD ADMINISTRATIVE, EDITORIAL, AND SUBSCRIPTION INFORMATION APPEARS IN
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THE CONCLUDING FILE AT THE END OF EACH ISSUE.
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---------------------------------------------------------------------
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Date: Thu, 5 Oct 1995 23:17:20 -0500 (CDT)
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From: Crypt Newsletter <crypt@sun.soci.niu.edu>
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Subject: 1--What Me Worry? "The Real Cyberpunk Fakebook" reviewed
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While browsing the local bookstore yesterday, Crypt ran across
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"Cyberpunk Handbook: The Real Cyberpunk Fakebook" by R.U. Sirius,
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St. Jude and Bart Nagel (Random House), writers for MONDO 2000
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and other publications that Crypt Newsletter does not understand.
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It's a humorous - I'm pretty sure - trade paperback for the
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unwashed masses. It's mission: tell the proles if they're cyberpunks,
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how to be one, or <wink-wink> how to fake being one. Bruce Sterling
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wrote the intro and somewhere in there, much to the humor desk's
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surprise, CuD and the Crypt Newsletter's Web sites are mentioned as
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a k3wel places to hang.
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In honor of this grand event and for a short time only, Crypt
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Newsletter will be conducting cyberpunk lessons on how to smoke
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clove cigarettes, drink Japanese beer, write in _elyte_ script, wear
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leather jackets, be sarcastic even while asleep, send the AT command
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to your modem, use hacked Celerity BBS software, get arrested for
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red-boxing, visit a "sting" board, read alt.2600, ask the password
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for Nowhere Man's Virus Creation Lab, get banned from Internet Relay
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Chat, watch "Johnny Mnemonic" and pretend to know what's going on,
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surf the Web and pretend to know what's going on, choose the correct
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hair pomade or coloring, recognize the best places to shop for rubber
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bondage wear or ritual scarification paraphernalia and - last - but
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most important, leave your credulity in the toilet.
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Unusual for this type of book, the authors have written it so that
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it's occasionally mean and cutting right around the time you begin
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to consider brandishing a virtual bludgeon in their direction. Did
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I mention it was a very amusing read for 10 bucks (cheap)??
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"The Real Cyberpunk Fakebook" features a photo of Eric Hughes in
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cyberpunk raiment on its cover, too. Right down to the duds, he's a
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dead ringer for Greg Strzempka, the singer for an obscure metal band
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named Raging Slab. It's true, by golly!
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The book is also loaded with photos of menacing-looking GenX'ers,
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cans of Jolt cola, one stuffed cat, an odd-looking leather
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device - perhaps used during sado-masochistic floggings, and someone
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with a chrome bolt through their tongue. If you are still bored, there's
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also a crossword puzzle or two.
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------------------------------
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Date: Thu, 28 Sep 95 10:15 PDT
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From: Michael Gersten <michael@STB.INFO.COM>
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Subject: 2--Re: Minesota laws...
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This is really interesting.
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Quote:
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Minnesota's general criminal jurisdiction statute provides as
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follows:
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A person may be convicted and sentenced under the
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law of this State if the person:
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(1) Commits an offense in whole or in part within
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this state; or
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(2) Being without the state, causes, aids or abets
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another to commit a crime within the state; or
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(3) Being without the state, intentionally causes a
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result within the state prohibited by the criminal laws
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of this state.
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It is not a defense that the defendant's conduct is
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also a criminal offense under the laws of another state
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or of the United States or of another country.
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Minnesota Statute Section 609.025 (1994).
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---
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Note that number 2 makes no distinction for common carrier status
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-- if a common carrier aids or abets another to commit a crime within
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the state, then that's a violation of state law.
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If we go after AT&T and the US P.S., then maybe the Minnesota
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judges will recognize limits to this law.
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As to the web, if I'm outside of minnesota, and someone inside of
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minnesota gets my page and reads it, then isn't the crime caused
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when they pull my page to them?
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This would just about kill usenet though -- that is distributed and
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stored within minnesota. Hmm.
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Maybe we should just put a header on our web pages that say "Only
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approved in <home_state>; if you get this in another state, you are
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responsible for following your local laws". But then that might make
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us responsible for odd local laws in our state somewhere else.
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<SIGH>. Whatever happened to the concept of individual
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responsibility in the law? Why am I responsible for every one else?
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(no, that's not a serious question :-)
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Michael
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p.s. Just realized that there is no distinction of country either. So
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someone in another country who posts something on gambling can
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be sued in minnesota court even if minnesota has no jurisdiction
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over them. Minnesota is claiming jurisdiction over the whole world
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with this -- can we challenge the law on those grounds?
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------------------------------
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Date: 05 Oct 1995 21:10:48 -0700
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From: merlyn@STONEHENGE.COM(Randal L. Schwartz)
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Subject: 3--Re Randal Schwartz (#7.78)
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>>>>> "John" == jsq@mids.org writes:
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John> System Administration as a Criminal Activity
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John> or, the Strange Case of Randal Schwartz
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[...]
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[Quoting my fund@stonehenge.com response...]
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John> I regret that I cannot accept credit-card payments. If you cannot
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John> send a check, please buy a copy of the Llama book for a friend or the
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John> library (or for yourself)!
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There's now another way to help me with my continuing-to-mount legal
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bills. Here's the paragraph from the latest message:
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I also accept payments using the First Virtual Internet Payment
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System. Send email to info@fv.com for details. (You can get an
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account with a credit card and a $2 one-time fee.) If you'd like to
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donate that way, send me your FV buyer identifier and amount in US
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dollars, or visit http://www.teleport.com/cgi-bin/merlyn/donate for an
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on-line form.
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Details about the case, including a fairly comprehensive FAQ are
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available at http://www.usa1.com/fors.
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--
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Name: Randal L. Schwartz / Stonehenge Consulting Services (503)777-0095
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Keywords: Perl training, UNIX[tm] consulting, video production, skiing, flying
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Email: <merlyn@stonehenge.com> Snail: (Call) PGP-Key: (finger merlyn@ora.com)
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Web: <A HREF="http://www.teleport.com/~merlyn/">My Home Page!</A>
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Quote: "I'm telling you, if I could have five lines in my .sig, I would!" -- me
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------------------------------
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From: Eugene Volokh <VOLOKH@LAW.UCLA.EDU>
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Date: Mon, 2 Oct 1995 21:23:34 PST
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Subject: 4-- Datasphere Cliche Alert / Jargon Patrol #1, Oct. 2, 1995
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To: list AMEND1-L <AMEND1-L@UAFSYSB.UARK.EDU>
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All reference counts from NEXIS database, CURNWS file, which
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reflects most of the major U.S. newspapers, a number of major
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foreign English-language ones, and many minor U.S. ones.
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CURNWS articles start in late 1993. Numbers may include a
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few false positives, plus duplications from articles published in
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more than one newspaper. [E. Volokh, UCLA.]
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CLICHE: DO NOT USE!
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"On the Internet, no-one knows you're a dog." 62 references.
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CLICHE, but still cute.
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"Road-kill on the information superhighway." 232 references, plus a
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really silly ad for Joop Jeans. CLICHE. Enough already.
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CLICHE IF YOU THINK YOU'RE BEING COOL,
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OK IF YOU'RE USING DESCRIPTIVELY
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"Cybersmut." 56 references.
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"Cyberporn." 339 references.
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SURPRISINGLY UNDERUSED
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"They don't call it the Net of a Million Lies for Nothing."
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No references in NEXIS media, though one reference in a
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law review article. From Vernor Vinge's SF book "Fire
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Upon the Deep," used by the characters as something of a
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proverb in referring to an Internet-like network of the
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future.
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"Datasphere."
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35 references. Means the data flow that surrounds us, by
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analogy to "atmosphere". From Dan Simmons's SF book
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"Hyperion." LESS CLICHE than "cyberspace", but therefore
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LESS ACCESSIBLE.
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THE INFOBAHN / INFORMATION SUPERHIGHWAY WARS
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"Infobahn" still LESS CLICHE (though it's getting there):
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53 references in September 1995 alone.
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"Information Superhighway": 839 references in September 1995.
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------------------------------
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Date: Wed, 4 Oct 1995 10:37:44 -0500
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From: Stephen Smith <libertas@COMP.UARK.EDU>
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Subject: 5-- ACLU Cyber-Liberties Update 10/4 (long)
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October 4, 1995
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ACLU CYBER-LIBERTIES UPDATE **Premiere Issue**
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A bi-weekly online e91zine on cyber-liberties cases and controversies at the
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state and federal level.
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-------------------------------------------
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FEDERAL PAGE (Congress/Agency/Court Cases)
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----------------------------------------------------------=
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"Virtual" Child Pornography Bill is Overbroad and Fails to Protect Real
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Children
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Despite the FBI's apparent success in raiding alleged child pornographers
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on America Online, Senator Orrin ctions of what "appears to be . . . a
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minor engaging in sexually explicit conduct;" and
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-visual depictions "advertised, promoted, presented, described, or
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distributed in such a manner that conveys the impression that the material
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is or contains a visual depiction of a minor engaging in sexually explicit
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conduct."
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In its effort to outlaw "virtual" child pornography, the bill would
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criminalize a wide range of constitutionally protected expression.
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Hatch attempts to justify the new bill by reference to a widely-publicized
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Canadian case in which a pornographer copied pictures of clothed children
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from catalogs and morphed them into child pornography. Senator Hatch
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claims that the case would not be covered under the existing federal child
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porn statute, but that issue has never been decided by a United States
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court. While the application of the existing statute to these facts is far
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from clear, the Hatch bill covers *much more* than just this case scenario.
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The statute would cover *any* image of a child engaged in sexual behavior,
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including non-computer-generated drawings, cartoons, and visual images
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created without the use of photos of real children or even real adults.
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In upholding child pornography laws, the Supreme Court has stated that "the
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nature of the harm to be combated requires that the state offense be
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limited to works that visually depict sexual conduct by children below a
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specified age. . . . [T]he distribution of descriptions or depictions of
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sexual conduct, not otherwise obscene, which do not involve live
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performance or photographic or other visual reproduction of live
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performances, retains First Amendment protection." _New York v. Ferber_,
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458 U.S. 747, 764-65 (1982).
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Hatch's "virtual child porn" law is clearly unconstitutional because it
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would outlaw images produced without any involvement by an actual child.
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Bruce Taylor of the National Law Center for Families and Children argued at
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a recent conference at Brooklyn Law School that a "virtual child porn" law
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was needed because pedophiles use virtual porn to lure children. Under
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that rationale, if a pedophile used a piece of candy to lure a child into
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sex we would have to outlaw candy. In a free society, we cannot use
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censorship laws to try to control "bad thoughts." Outlawing all images
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that might be stimulating to pedophiles would require a massive amount of
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censorship and would *not* cure pedophilia.
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The ACLU reiterates its position on child pornography laws:
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"The ACLU believes that the First Amendment protects the dissemination of
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all forms of communication. The ACLU opposes on First Amendment grounds
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laws that restrict the production and distribution of any printed and
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visual materials even when some of the producers of those materials are
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punishable under criminal law."
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"The ACLU views the use of children in the production of visual depictions
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of sexually explicit conduct as a violation of childrens' rights when such
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use is highly likely to cause: a) substantial physical harm or, b)
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substantial and continuing emotional or psychological harm. Government
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quite properly has the means to protect the interest of children in these
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situations by the use of criminal prosecution of those persons who are
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likely to cause such harm to children."
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The Hatch proposal only demonstrates the dangers of trying to protect
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children indirectly through censorship laws.
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---------------------------
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Clipper II? Your electronic privacy rights are at stake . . . again.=
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In 1993, the ACLU and an overwhelming majority of industry condemned the
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Clipper Chip -- the Administration's key escrow encryption scheme to equip
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every telecommunications device with a "chip" that would allow anyone to
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secure his private communications as long as the U.S. government held the
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descrambling key. The government insisted that Clipper would be merely a
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voluntary standard, but government documents requested under the Freedom of
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Information Act now confirm the suspicions of civil liberties advocates
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that the government really believes key escrowed encryption will only meet
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law enforcement standards if it is mandatory. (See
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URL:http://www.epic.org/crypto/)
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Now the Administration has returned with another scheme -- commercial key
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escrow ("Clipper II"). At close range, Clipper II is a lot like Clipper I:
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Although supposedly "independent" of the government, key escrow agen=
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ts
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will have to meet standards set by the U.S. government, and will have to
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reside in the U.S. or in a country with which the U.S. has entered a
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bilateral agreement.
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The proposal provides no privacy safeguards to prevent the compromis=
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e of
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the key escrow agent or the key.
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Offered as a "voluntary" standard, the proposal nevertheless forbids
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interoperability with non-escrowed encryption in exported products.
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While the government says it recognizes industry's need for strong
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encryption, the proposal limits exportable encryption to 64 bits -- a
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length widely recognized to provide inadequate security.
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On September 6, 7, and 15, 1995, the ACLU attended meetings held by the
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National Institute for Standards and Technology (NIST) in Gaithersberg,
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Maryland. The meetings were called to solicit input from industry on the
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Clipper II proposal. Draft export criteria were considered on September
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6-7, and the general industry response was very lukewarm -- except for a
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few industries that have been meeting with the Administration and are
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preparing to announce products that would fit the suggested criteria. The
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ACLU led one working group to vote 7-7 in favor of condemning the entire
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proposal.
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On September 15th, NIST discussed the implementation of a federal key
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escrow encryption standard. By requiring federal agencies to use
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commercial key escrow as a FIPS (Federal Information Processing Standard),
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the Administration clearly hopes to drive industry to accept commercial key
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escrow as the export standard as well.
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The ACLU issued the following statement on the current key escrow proposal:
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The American Civil Liberties Union's Position
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on the Administration's Current Key Escrow Proposal:
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Encryption is speech protected by the First Amendment. The
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Administration's current key escrow proposal, like the Clipper proposal,
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continues to tread on the First Amendment rights of American individuals
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and businesses to use encryption technologies to secure their private
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communications. The current proposal, like Clipper, should be rejected on
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First Amendment grounds alone.
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The current proposal will not accomplish its stated objectives becau=
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se a
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wide array of encryption is available around the globe and will continue to
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be employed in place of American government-approved key escrow software.=
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The only key escrow proposal that could begin to satisfy the
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government's objectives would be an outright ban on the sale of encryption
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technologies other than those approved by the government and key escrowed.=
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The ACLU fears that the current proposal, and similar proposals, are merely
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the first step towards mandatory key escrow of encryption. Mandatory key
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escrow is completely unacceptable to both industry and privacy advocates.=
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The Administration should abandon its fruitless and unconstitutional
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efforts to control the export of encryption technology. No legislation is
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needed -- the Administration has the power to lift the regulatory
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restrictions that it created.
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---------------------------
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Call for Plaintiffs in Suit to Challenge Online Indecency Legislation=
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Most of you know that the House and Senate have now passed two different
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versions of the telecommunications bill that would outlaw "indecent" speech
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over the Internet and other online services. This fall, a conference
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committee of House and Senate members will work out the differences between
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the two telco bills and will probably approve some form of online
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censorship legislation. [For a copy of the legislation, send a message to
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infoaclu@aclu.org, with "Online Indecency Amendments" in the subject line.]
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While the ACLU and other advocacy groups continue to lobby Congress to
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remove the censorship provisions from the telco bill, it is highly likely
|
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that some restriction on online indecency will appear in the final bill
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that emerges from the conference committee. A coalition of civil liberties
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organizations are preparing a constitutional challenge to this legislation
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now. The coalition includes the ACLU, Electronic Frontier Foundation,
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Electronic Privacy Information Center, Media Access Project, and People for
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the American Way. We plan to be ready to file a lawsuit as soon as the
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statute is signed into law -- which could be as early as October.
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An important first step in planning the lawsuit is the selection of
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plaintiffs. We need to put together a set of plaintiffs that disprove the
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stereotype created by proponents of the legislation that people opposed to
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the bill are "pedophiles and pornographers." We believe that the best
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plaintiffs for this challenge will be persons or entities that provide
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material that some may deem "indecent" but that has serious artistic,
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literary, and educational value to our society. We need plaintiffs who use
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online networks to discuss or distribute works or art, literary classics,
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sex education, gay and lesbian literature, human rights reporting,
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abortion information, rape counseling, and controversial political speech.=
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Please contact Ann Beeson at the ACLU if your organization is interested in
|
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being a plaintiff in this ground-breaking litigation that will define First
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Amendment rights in cyberspace. 212-944-9800 x788, beeson@aclu.org.
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--------------------------------
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STATE PAGE (Legislation/Agency/Court Cases)
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----------------------------------------------------------=
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Overbroad Searches and Seizures Threaten Electronic Privacy
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|
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The latest threat to your civil liberties results from law enforcement's
|
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overzealous attempts to find evidence of crime or wrongdoing in cyberspace.
|
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As we move into the information age, traditional search and seizure rules
|
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will need to be refined to ensure fairness and respect for electronic
|
|
privacy rights. Several recent cases illustrate how privacy rights can be
|
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violated when law enforcement conducts investigations in cyberspace.
|
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The ACLU recently wrote to America Online to inquire about their
|
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cooperation in the FBI's recent raid of alleged child pornographers who
|
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used the online service. The ACLU asked, among other things, whether AOL
|
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revealed any information about individual users that was not sought by
|
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subpoena or court order; whether AOL turned over all private e-mail
|
|
messages of suspects or whether they turned over only messages related to
|
|
the alleged crime; whether AOL also turned over the names, addresses, and
|
|
e-mail messages of persons who had communicated with the suspects; whether
|
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AOL set up accounts for the purpose of allowing government investigators to
|
|
have access to public chat rooms; and what information AOL regularly keeps
|
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about its users' online activity and how long the information is kept.
|
|
In Cincinnati, Ohio, a computer bulletin board operator filed a civi=
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l
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rights suit against the Hamilton County Sheriff's Department after the
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department raided the BBS and seized computer equipment, files, and
|
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personal communications. The case argues that the indiscriminate search
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and seizures violated the BBS operator's free speech and privacy rights.
|
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See _Emerson v. Leis_, S.D. Ohio, No. C-1-95-608. The subscribers to the
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BBS have filed a separate class action suit against the sheriff's
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department. See _Guest v. Leis_, S.D. Ohio. Law enforcement seized the
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entire BBS -- all the hardware, software, files, and private communications
|
|
-- in an effort to obtain 45 files on the BBS that were allegedly obscene.=
|
|
|
|
The case asserts that the 45 files represented only 3% of the total
|
|
resources on the board.
|
|
In California, Colorado, and Virginia, the Church of Scientology has
|
|
brought three copyright infringement actions against anti-scientologists
|
|
who use online communications to criticize the church. The cases raise
|
|
important questions about the breadth of computer communications seizures
|
|
in civil cases. The ACLU of Southern California and the ACLU of Colorado
|
|
continue to monitor the cases in their states.
|
|
---------------------------------
|
|
Nine States This Year Passed Online Censorship Legislation
|
|
|
|
While online activists have been busy fighting the pending federal attempts
|
|
to censor online communications, state legislatures have been carelessly
|
|
crafting online censorship bills at home. And if you think Congress is
|
|
full of Luddites, just wait until to hear what your state legislators have
|
|
come up with.
|
|
|
|
At least nine states (CT, GA, IL, KS, MD, MT, NJ, OK, VA) have passed
|
|
legislation this year to regulate online content, and several others
|
|
considered such bills, with some still pending. These bills seek to
|
|
criminalize a wide range of online speech and content, including:
|
|
|
|
speech that "harasses, annoys, or alarms"
|
|
materials deemed "indecent," "obscene" or "harmful to minors"
|
|
information related to "terrorist acts" or "explosive materials"
|
|
|
|
The state bills, like the federal bills, raise serious free speech and
|
|
privacy concerns. None of the bills indicates an understanding of the
|
|
unique nature of the online medium. Some bills purposefully, and other
|
|
bills inadvertently, fail to clarify that only the initiators of the
|
|
illegal images may be held liable -- so service providers can be held
|
|
liable for the pedophiles and pornographers that use their networks.
|
|
|
|
The laws would, at best, require service providers to snoop in private
|
|
e-mail in order to avoid criminal liability. At worst, these laws would
|
|
force providers to shut down their networks altogether.
|
|
|
|
The draconian effect of these state bills doesn't stop at state borders. A
|
|
message you post to the Internet today in New York City could travel the
|
|
fifty states and the globe by tomorrow. You'd better be careful that the
|
|
message isn't "obscene" according to an Oklahoman, "annoying" to a
|
|
Connecticutter, "solicitous" of a minor in Illinois, or related to
|
|
"terrorism" as defined by a Georgian.
|
|
|
|
The wave of online censorship at the state level is far from over. The
|
|
ACLU is considering constitutional challenges to the online censorship laws
|
|
that passed this year. But given the continuing media hype over
|
|
"cyber-porn," we are certain to see more censorship bills from the states
|
|
next year.
|
|
|
|
With the help of affiliate offices in fifty states, the ACLU continues to
|
|
monitor these state attempts to infringe on your online free speech rights.
|
|
[For a synopsis of all the online censorship bills passed or considered by
|
|
the states this year, send a message to infoaclu@aclu.org with "Update of
|
|
State Bills" in the subject line of the message.]
|
|
|
|
--------------------------------------
|
|
Saving the Best for Last: Good News on Cyber-Liberties
|
|
|
|
ARIZONA: Another troubling application of existing obscenity laws to
|
|
cyberspace was averted when charges were dropped against Arizona Department
|
|
of Public Safety Officer Lorne Shantz. Shantz, who ran a community
|
|
bulletin board, lost his job and endured several months of hassle and
|
|
humiliation when he was arrested for allegedly "obscene" files on the
|
|
board. Shantz maintains that he was unaware of the existence of the files,
|
|
which represented only a minuscule fraction of all the information on the
|
|
board.
|
|
COLORADO: Federal Judge John Kane ordered the Church of Scientology to
|
|
return computers and hundreds of files seized by Federal marshals and
|
|
Scientology officials in a copyright infringement action. The judge ruled
|
|
that the seizures were overbroad, and said that "The public interest is
|
|
best served by the free exchange of ideas."
|
|
------------------------------
|
|
ONLINE RESOURCES FROM THE ACLU
|
|
------------------------------------
|
|
Stay tuned for news on the ACLU's world wide web site, under construction
|
|
at http://www.aclu.org. In the meantime, you can retrieve ACLU documents
|
|
via gopher at gopher://aclu.org:6601 (forgive the less-than-updated state
|
|
of our gopher -- we've devoted all our resources to WWW construction!). If
|
|
you're on America Online, check out the live chats, auditorium events,
|
|
*very* active message boards, and complete news on civil liberties, at
|
|
keyword ACLU.
|
|
--------------------------------
|
|
ACLU Cyber-Liberties Update
|
|
Editor: Ann Beeson (beeson@aclu.org)
|
|
American Civil Liberties Union National Office
|
|
132 West 43rd Street
|
|
New York, New York 10036
|
|
|
|
To subscribe to the ACLU Cyber-Liberties Update, send a message to
|
|
infoaclu@aclu.org with "subscribe ACLU" in the subject line of your
|
|
message. To terminate your subscription, send a message to
|
|
infoaclu@aclu.org with "unsubscribe ACLU" in the subject line.
|
|
|
|
For general information about the ACLU, write to infoaclu@aclu.org.
|
|
|
|
------------------------------
|
|
|
|
Date: Thu, 5 Oct 95 20:12 WET DST
|
|
From: eye WEEKLY <eye5@interlog.com>
|
|
Subject: 6--EYENET: The Loonie's Egg
|
|
|
|
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
|
|
eye WEEKLY October 5 1995
|
|
Toronto's arts newspaper .....free every Thursday
|
|
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
|
|
EYENET EYENET
|
|
|
|
THE LOONIE'S EGG
|
|
How a University of Toronto sysadmin has the power
|
|
to have one student strip searched in a downtown jail
|
|
and another investigated by the FBI
|
|
|
|
by
|
|
K.K . CAMPBELL
|
|
|
|
|
|
At 7:30, Jesse Hirsh (jesse@lglobal.com) flopped on the couch in his
|
|
parents' Bloor and Bathurst house to watch a Simpsons rerun. The 20-
|
|
year-old was just home from U of T. He studied political science and
|
|
literature.
|
|
|
|
His parents were out for the evening so he didn't know that someone
|
|
had called for him around 7. Mom had told the caller her son was still
|
|
at school. The caller didn't want to leave a name or message. He'd
|
|
call back.
|
|
|
|
As Homer Simpson flew into action, the phone rang.
|
|
|
|
Hirsh picked up. "Hello?"
|
|
|
|
"Hello, is Jesse there?" a voice intoned.
|
|
|
|
"This is he."
|
|
|
|
And the caller hung up.
|
|
|
|
Two seconds later, the doorbell rang. Hirsh went downstairs and opened
|
|
the door to find "three tall, slightly overweight white men." They
|
|
flashed badges. Plainclothes detectives. Can we come in, sir? Hirsh
|
|
nodded.
|
|
|
|
"We know that you are publishing an anarchist newsletter on the
|
|
Internet," they began.
|
|
|
|
Hirsh admitted he did.
|
|
|
|
"Do you know what a hacker is?"
|
|
|
|
"Sure," Hirsh replied.
|
|
|
|
They nodded knowingly. A-ha!
|
|
|
|
"Do you have a computer?"
|
|
|
|
He said he did. It was upstairs.
|
|
|
|
A-HA! The cops informed Hirsh he was under arrest for "unauthorized
|
|
use of a computer system" -- contrary to section 342.1 of the Criminal
|
|
Code of Canada. A possible 10 years in prison.
|
|
|
|
Hirsh was told to get a jacket. As his hand touched the cloth, the
|
|
cops grabbed it and searched the pockets, extracting a few nondescript
|
|
items. But then they found a patch for Hirsh's online anarchist ezine
|
|
The Anarchives. (Hirsh runs The Anarchist Organization
|
|
(tao@lglobal.com) at http://www.lglobal.com/TAO .)
|
|
|
|
It has a little pot leaf on it. The ace cybercops exchanged raised
|
|
eyebrows. First a hacker... then an anarchist newsletter... now this
|
|
emblem of decadent drug culture.
|
|
|
|
The cops frisked Hirsh -- all the while commenting on how nice the
|
|
house was. He was handcuffed and marched out to the unmarked car
|
|
across the street. Paraded in plain view of his neighbors, stuffed
|
|
into the back seat, they Went Downtown -- where Hirsh was
|
|
fingerprinted, had his mug photographed... and was strip-searched.
|
|
|
|
SECRET HACKER CODES
|
|
|
|
Hirsh was arrested for using a U of T net account not issued to him.
|
|
He was given the passwords to two such accounts by the account holders
|
|
-- one of whom was his stepbrother. The accounts were not hacked. He
|
|
told the cops this repeatedly. They dumped him in a cell anyway.
|
|
|
|
When Hirsh was ordered from his home, he asked to bring a book along.
|
|
The detectives said sure. He grabbed the nearest tome -- Plato's
|
|
Republic. The Officer Friendlies wandered in and out, asking
|
|
nonchalant questions of an evil dope-emblazoned, anarchist-peddling,
|
|
Plato-reading, civilization-threatening hacker.
|
|
|
|
"So... who's in this An-ARK-y Organization?" "What's an-ARK-y all
|
|
about?" "Why are you into this an-ARK-y stuff, anyway?"
|
|
|
|
Soon Officer Unfriendly appeared. He held before him a Soul Damning
|
|
Talisman: "What are these?!"
|
|
|
|
Hirsh looked. It was a piece of paper.
|
|
|
|
"These codes?! What are these codes for?!" Officer Unfriendly barked.
|
|
|
|
Codes? Then Hirsh realized: it was a piece of paper they had taken
|
|
from his jacket. It held reference numbers for books at the U of T
|
|
Robarts library.
|
|
|
|
"Those are library codes," Hirsh replied. "Books for my English
|
|
class."
|
|
|
|
"Don't give me that! What are they?! I know they're for something!"
|
|
|
|
Hirsh tried to project doe-eyed sincerity. "They're for library books!
|
|
They're codes of library books! From the Robarts library!"
|
|
|
|
"Don't lie to me!"
|
|
|
|
"I swear! They're library codes! Call the library and check!"
|
|
|
|
The officer glowered ominously. "I will." He turned and left.
|
|
|
|
It was the last Hirsh heard about the Secret Hacker Codes.
|
|
|
|
At 11:30 p.m., Hirsh's dad and a friend got him out.
|
|
|
|
A GORRIE STORY
|
|
|
|
Here's the background: in October of 1994, Hirsh's stepbrother, a U of
|
|
T grad student, said Hirsh could use his school-provided net account.
|
|
Hirsh used it to read news. He thought the net fascinating so began
|
|
uploading copies of The Anarchives. Hirsh never tried to hide who he
|
|
was -- he even included his home phone number, which is how the Super-
|
|
Sleuth Sysadmins "found" him. Hirsh made similar use of an account
|
|
belonging to "Ms X" -- a female Ph.D. student and friend of Stepbro's.
|
|
|
|
This would have been a happy and otherwise normal arrangement except
|
|
that in January, 1995, U of T engineering prof Jack Gorrie
|
|
(gorrie@ecf.utoronto.ca), bossman of U of T's engineering computing
|
|
facility computer, received a complaint from someone at the University
|
|
of British Columbia about The Anarchives being posted to net news. The
|
|
person wanted it stopped.
|
|
|
|
Gorrie came to notice Ms X wasn't signing these documents, a Jesse
|
|
Hirsch was. He also noticed Hirsh and another U of T student (the
|
|
stepbro) exchanged email about the accounts. As Hirsh and his stepbro
|
|
have different last names, Gorrie concluded a larger hacker conspiracy
|
|
was afoot.
|
|
|
|
Gorrie launched into his Canadian rendition of Cliff Stoll, author of
|
|
compu-crime-thriller _The Cuckoo's Egg_ -- in Gorrie's case, _The
|
|
Loonie's Egg_. He "tracked" Hirsh for two months, recording every
|
|
keystroke -- even though he had all three students' phone numbers.
|
|
|
|
On March 8, 1995, he asked the cops to intervene. "I checked and found
|
|
that the account was indeed being used to broadcast information on
|
|
behalf of The Anarchist Organization," he wrote Detective Hugh
|
|
Ferguson.
|
|
|
|
Thus it came to be that Jesse Hirsh was forced to model nude for
|
|
Toronto's finest, with the blessing of U of T.
|
|
|
|
Stepbro got his own taste of U of T six-gun justice. Off in a
|
|
Washington, D.C., engineering lab, he came under FBI investigation.
|
|
Naturally, the FBI found nothing wrong because there was nothing wrong
|
|
-- except for an over-zealous sysadmin using a meat cleaver to scratch
|
|
an itch.
|
|
|
|
CHARGES DROPPED
|
|
|
|
On Sept. 7, minutes before the case was to go to court, the
|
|
prosecution dropped all charges. Hirsh agreed to pay a token
|
|
settlement of $400 for four months of university computer use. U of T
|
|
first claimed it was owed $1,560. Hirsh places the real cost at $60.
|
|
|
|
Hirsh devoted an issue of The Anarchives to the case. It spread around
|
|
cyberspace. In it, Hirsh includes Gorrie's email address and asks
|
|
people to send him their opinions. Quite a few did. They were rather
|
|
unpleasant. Gorrie, miffed, used the U of T pipeline to have the
|
|
stepbro make Hirsh shut up.
|
|
|
|
After subjecting Hirsh to complete and devastating public humiliation,
|
|
U of T was now pleading for discretion.
|
|
|
|
Gorrie blames Ms X, who panicked and denied knowing Hirsh when first
|
|
confronted. She figured they'd just cut the "hacker" off and Hirsh
|
|
would find his own account. After all, thousands of U of T students
|
|
share accounts every year. But her case was different: she was sharing
|
|
with a left-wing anarchist with an attitude. He could not be ignored.
|
|
(Ms X is now under "investigation." Stepbro, on the other hand, has
|
|
graduated.)
|
|
|
|
Hirsh wrote Gorrie privately, saying he was sorry Gorrie was getting nasty
|
|
mail. Gorrie replied the whole affair was a "big misunderstanding." As
|
|
they were _both_ misled, they were _both_ victims: Victim Hirsh was
|
|
dragged down the street in handcuffs, fingerprinted, mugshotted,
|
|
strip-searched and jailed for hours; Victim Gorrie received email that was
|
|
mean to him.
|
|
|
|
|
|
|
|
|
|
NOTE: Hirsh has since formed his own Internet Service Provider: Local
|
|
Global Access at 320 1/2 Bloor St. W. (515-7400).
|
|
|
|
|
|
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
|
|
Retransmit freely in cyberspace Author holds standard copyright
|
|
http://www.interlog.com/eye Mailing list available
|
|
eyeNET archive --> http://www.interlog.com/eye/News/Eyenet/Eyenet.html
|
|
eye@interlog.com "...Break the Gutenberg Lock..." 416-971-8421
|
|
|
|
------------------------------
|
|
|
|
Date: Sun, 19 Apr 1995 22:51:01 CDT
|
|
From: CuD Moderators <cudigest@sun.soci.niu.edu>
|
|
Subject: 7--Cu Digest Header Info (unchanged since 19 Apr, 1995)
|
|
|
|
Cu-Digest is a weekly electronic journal/newsletter. Subscriptions are
|
|
available at no cost electronically.
|
|
|
|
CuD is available as a Usenet newsgroup: comp.society.cu-digest
|
|
|
|
Or, to subscribe, send a one-line message: SUB CUDIGEST your name
|
|
Send it to LISTSERV@VMD.CSO.UIUC.EDU
|
|
The editors may be contacted by voice (815-753-0303), fax (815-753-6302)
|
|
or U.S. mail at: Jim Thomas, Department of Sociology, NIU, DeKalb, IL
|
|
60115, USA.
|
|
|
|
To UNSUB, send a one-line message: UNSUB CUDIGEST
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|
Send it to LISTSERV@VMD.CSO.UIUC.EDU
|
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(NOTE: The address you unsub must correspond to your From: line)
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|
|
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Issues of CuD can also be found in the Usenet comp.society.cu-digest
|
|
news group; on CompuServe in DL0 and DL4 of the IBMBBS SIG, DL1 of
|
|
LAWSIG, and DL1 of TELECOM; on GEnie in the PF*NPC RT
|
|
libraries and in the VIRUS/SECURITY library; from America Online in
|
|
the PC Telecom forum under "computing newsletters;"
|
|
On Delphi in the General Discussion database of the Internet SIG;
|
|
on RIPCO BBS (312) 528-5020 (and via Ripco on internet);
|
|
and on Rune Stone BBS (IIRGWHQ) (203) 832-8441.
|
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CuD is also available via Fidonet File Request from
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1:11/70; unlisted nodes and points welcome.
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EUROPE: In BELGIUM: Virtual Access BBS: +32-69-844-019 (ringdown)
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Brussels: STRATOMIC BBS +32-2-5383119 2:291/759@fidonet.org
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UNITED STATES: etext.archive.umich.edu (192.131.22.8) in /pub/CuD/
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ftp.eff.org (192.88.144.4) in /pub/Publications/CuD/
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aql.gatech.edu (128.61.10.53) in /pub/eff/cud/
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world.std.com in /src/wuarchive/doc/EFF/Publications/CuD/
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wuarchive.wustl.edu in /doc/EFF/Publications/CuD/
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EUROPE: nic.funet.fi in pub/doc/cud/ (Finland)
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ftp.warwick.ac.uk in pub/cud/ (United Kingdom)
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JAPAN: ftp://www.rcac.tdi.co.jp/pub/mirror/CuD
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|
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The most recent issues of CuD can be obtained from the
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Cu Digest WWW site at:
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URL: http://www.soci.niu.edu:80/~cudigest/
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|
|
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COMPUTER UNDERGROUND DIGEST is an open forum dedicated to sharing
|
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information among computerists and to the presentation and debate of
|
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diverse views. CuD material may be reprinted for non-profit as long
|
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as the source is cited. Authors hold a presumptive copyright, and
|
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they should be contacted for reprint permission. It is assumed that
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violate copyright protections.
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|
|
------------------------------
|
|
|
|
End of Computer Underground Digest #7.79
|
|
************************************
|
|
|