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Computer underground Digest Wed Jun 3, 1998 Volume 10 : Issue 32
ISSN 1004-042X
Editor: Jim Thomas (cudigest@sun.soci.niu.edu)
News Editor: Gordon Meyer (gmeyer@sun.soci.niu.edu)
Archivist: Brendan Kehoe
Shadow Master: Stanton McCandlish
Shadow-Archivists: Dan Carosone / Paul Southworth
Ralph Sims / Jyrki Kuoppala
Ian Dickinson
Field Agent Extraordinaire: David Smith
Cu Digest Homepage: http://www.soci.niu.edu/~cudigest
CONTENTS, #10.32 (Wed, Jun 3, 1998)
File 1--MURKOWSKI: Free Speech Chilled by Junk Email law
File 2--Murkowski "Unsolicited Commercial Email Choice Act"
File 3--REVIEW: "Privacy on the Line", Whitfield Diffie/Susan Landau
File 4--Cu Digest Header Info (unchanged since 25 Apr, 1998)
CuD ADMINISTRATIVE, EDITORIAL, AND SUBSCRIPTION INFORMATION ApPEARS IN
THE CONCLUDING FILE AT THE END OF EACH ISSUE.
---------------------------------------------------------------------
Date: Thu, 14 May 1998 11:36:32 -0400
From: "Robert A. Costner" <pooh@efga.org>
Subject: File 1--MURKOWSKI: Free Speech Chilled by Junk Email law
Source -- Fight-Censorship List <fight-censorship@vorlon.mit.edu>
I would like to write something detailed about the recently passed (in the
Senate) spam law, but I don't have time today. So here are some quick
comments. The proposed will
* Restricts speech of normal email communications
* Is vague in that "Unsolicited" is not defined
* Has a trigger threshold of one email to one person
* Attempts to legislate a particular technology for removals
* Legitimizes spam, and does not effect many categories of spam
What follows are some random notes I have on this.
---------------------------
On May 12, 1998, the U.S. Senate adopted S. 1618 by a vote of 99-0. This
was Senator Murkowski's attempt at stopping email spam. The text of the
bill can be found at http://www.efga.org/netabuse/
An article in wired about this is located at
http://www.wired.com/news/news/politics/story/12289.html
The CAUCE web site, which no doubt has info on this is http://www.cauce.org/
THIS EMAIL MESSAGE YOU ARE READING IS A COMMERCIAL MESSAGE
Yes. Under the proposed bill, this is a commercial message. Why? Because
I have the wired link above, and wired is a site that by definition
(C) promotes the use of or contains a list of one or more
Internet sites that contain an advertisement
Guess what? Wired has advertisements. So do a lot of other sites. Please
correct me if I am wrong, but apparently sending one copy of this one
message to any one email address may place a $15,000 fine on me.
Some other info I found in the bill. For background.
Section 306 makes it illegal when any
intervening interactive computer service provider knowingly
and intentionally retransmits any electronic mail in violation
of Sections 301 or 306
This only seems to apply to commercial advertising, or more specifically
email that contains commercial advertising, whether or not the intent was
to advertise. It is unclear if this about to become federal law (in the
US) would hold a remailer or mail list liable for mail passing thru it.
(1) COMMERCIAL ELECTRONIC MAIL.- The term "commercial electronic
mail means any electronic mail that-
(A) contains an advertisement for the sale of a product or service;
(B) contains a solicitation for the use of a telephone number,
the use of which connects the user to a person or service that
advertises the sale of or sells a product or service; or
(C) promotes the use of or contains a list of one or more
Internet sites that contain an advertisement referred to in
subparagraph (A) or a solicitation referred to in subparagraph (B).
The bill is specific about removing headers. You may not alter headers to
make the message appear to not come from the original sender.
(b) ROUTING INFORMATION-All internet routing information
contained within or accompanying an electronic mail message
described in subsection (a) must be accurate, valid according
to the prevailing standards for Internet protocols, and
accurately reflect message routing.
It should be noted that the $15,000 fine does not apply to bulk email, but
to a single message sent to a single person.
Therefore, it would appear that this message is covered under the bill. If
this was sent by an anonymous remailer, it would seem the remailer operator
may be liable as well.
----------------------
Because this law effect all communications, not just bulk communications,
it requires that all email users maintain removal databases that are
triggered by the use of the keyword "remove" in the subject line. As in
Subject --Remove me from your stupid list
Subject --Re: Remove
Subject --Can you suggest how I remove ants from my yard?
Software will interpret all above cases as a remove request, which under
the law, they in fact are.
The law really seems to have a lot of free speech implications. Once I get
a chance, I'll read through it some more.
-- Robert Costner Phone: (770) 512-8746
Electronic Frontiers Georgia mailto:pooh@efga.org
http://www.efga.org/ run PGP 5.0 for my public key
------------------------------
Date: Fri, 15 May 1998 22:54:30 -0500
From: jthomas3@SUN.SOCI.NIU.EDU(Jim Thomas)
Subject: File 2--Murkowski "Unsolicited Commercial Email Choice Act"
((MODERATORS' NOTE: For those who missed it, here is a reprint of
the Murowski Act))
From: http://www.senate.gov/~murkowski/commercialemail
(Senator Frank Murkowski homepage)
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Unsolicited Commercial Electronic Mail
Choice Act of 1997''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The Internet is a worldwide network of information that growing
numbers of Americans use on a regular basis for educational and
personal activities.
(2) Electronic mail messages transmitted on the Internet constitute an
increasing percentage of communications in the United States.
(3) Solicited commercial electronic mail is a useful and
cost-effective means for Americans to receive information about a
business and its products.
(4) The number of transmissions of unsolicited commercial electronic
mail advertisements has grown exponentially over the past several
years as the technology for creating and transmitting such
advertisements in bulk has made the costs of distribution of such
advertisements minimal.
(5) Individuals have available no effective means of differentiating
between unsolicited commercial electronic mail advertisements and
other Internet communications.
(6) The transmitters of unsolicited commercial electronic mail
advertisements can easily move from State to State.
(7) Individuals and businesses that receive unsolicited commercial
electronic mail advertisements often pay for the costs of such receipt
,including the costs of Internet access and long distance telephone
charges.
(8) Unsolicited commercial electronic mail can be used to advertise
legitimate services and goods but is also used for fraudulent and
deceptive purposes in violation of Federal and State law.
(9) Individuals and companies that use unsolicited commercial
electronic mail for fraudulent and deceptive purposes often use
fraudulent identification information in such electronic mail, making
it impossible for a recipient to request to be removed from the
mailing list or for law enforcement authorities to identify the
sender.
(10) The inability of recipients of unsolicited commercial electronic
mail to identify the senders of such electronic mail or to prevent its
receipt impedes the flow of commerce and communication on the Internet
and threatens the integrity of commerce on the Internet.
(11) Internet service providers are burdened by the cost of equipment
necessary to process unsolicited commercial electronic mail.
(12) To facilitate the development of commerce and communication on
the Internet, unsolicited commercial electronic mail should be readily
identifiable and filterable by individuals and Internet service
providers.
SEC. 3. REQUIREMENTS RELATING TO TRANSMISSIONS OF UNSOLICITED
COMMERCIAL ELECTRONIC MAIL.
(a) Information on Advertisement.
(1) Requirement.
Unless otherwise authorized pursuant to a provision of section 7, a
person who transmits an electronic mail message as part of the
transmission of unsolicited commercial electronic mail shall cause to
appear in each electronic mail message transmitted as part of such
transmission the information specified in paragraph (3).
(2) Placement.
(A) Advertisement.
The information specified in subparagraph (A) of paragraph (3) shall
appear as the first word of the subject line of the electronic mail
message without any prior text or symbol.
(B) Other information._The information specified in subparagraph (B)
of that paragraph shall appear prominently in the body of the message.
(3) Covered information.
The following information shall appear in an electronic mail message
under paragraph (1):
(A) The term ``advertisement''.
(B) The name, physical address, electronic mail address, and telephone
number of the person who initiates transmission of the message.
(b) Routing Information.
All Internet routing information contained within or accompanying an
electronic mail message described in subsection (a) shall be valid
according to the prevailing standards for Internet protocols.
(c) Effective Date.
The requirements in this section shall take effect 30 days after the
date of enactment of this Act.
SEC. 4. FEDERAL REGULATION OF UNSOLICITED COMMERCIAL ELECTRONIC MAIL.
(a) Transmissions.
(1) In general.
Upon notice from a person of the person's receipt of electronic mail
in violation of a provision of section 3 or 7, the Commission
(A) may conduct an investigation to determine whether or not the
electronic mail was transmitted in violation of the provision; and
(B) if the Commission determines that the electronic mail was
transmitted in violation of the provision, may
(i) impose upon the person initiating the transmission a civil fine in
an amount not to exceed $11,000;
(ii) commence in a district court of the United States a civil action
to recover a civil penalty in an amount not to exceed $11,000 against
the person initiating the transmission; or
(iii) both impose a fine under clause (i) and commence an action under
clause (ii).
(2) Deadline.
The Commission may not take action under paragraph (1)(B) with respect
to a transmission of electronic mail more than 2 years after the date
of the transmission.
(b) Administration.
(1) Notice by electronic means.
The Commission shall establish an Internet web site with an electronic
mail address for the receipt of notices under subsection (a).
(2) Information on enforcement.
The Commission shall make available through the Internet web site
established under paragraph (2) information on the actions taken by
the Commission under subsection (a)(1)(B).
(3) Assistance of federal communications commission.
The Federal Communications Commission may assist the Commission in
carrying out its duties this section.
SEC. 5. ACTIONS BY STATES.
(a) In General.
Whenever an attorney general of any State has reason to believe that
the interests of the residents of that State have been or are being
threatened or adversely affected because any person is engaging in a
pattern or practice of the transmission of electronic mail in
violation of a provision of section 3 or 7, the State, as parens
patriae, may bring a civil action on behalf of its residents to enjoin
such transmission, to enforce compliance with the provision, to obtain
damages or other compensation on behalf of its residents, or to obtain
such further and other relief as the court considers appropriate.
(b) Notice to Commission.
(1) Notice.
The State shall serve prior written notice of any civil action under
this section upon the Commission and provide the Commission with a
copy of its complaint, except that if it is not feasible for the State
to provide such prior notice, the State shall serve written notice
immediately upon instituting such action.
(2) Rights of commission.
Upon receiving a notice with respect to a civil action under paragraph
(1), the Commission shall have the right
(A) to intervene in the action;
(B) upon so intervening, to be heard in all matters arising therein;
and
(C) to file petitions for appeal.
(c) Actions by Commission.
Whenever a civil action has been instituted by or on behalf of the
Commission for violation of a provision of section 3 or 7, no State
may, during the pendency of such action, institute a civil action
under this section against any defendant named in the complaint in
such action for violation of any provision as alleged in the
complaint.
(d) Construction.
For purposes of bringing a civil action under subsection(a), nothing
in this section shall prevent an attorney general from exercising the
powers conferred on the attorney general by the laws of the State
concerned to conduct investigations or to administer oaths or
affirmations or to compel the attendance of witnesses or the
production of documentary or other evidence.
(e) Venue; Service of Process.
Any civil action brought under subsection (a)in a district court of
the United States may be brought in the district in which the
defendant is found, is an inhabitant, or transacts business or
wherever venue is proper under section 1391 of title 28, United States
Code. Process in such an action may be served in any district in which
the defendant is an inhabitant or in which the defendant may be found.
(f) Actions by Other State Officials.
Nothing in this section may be construed to prohibit an authorized
State official from proceeding in State court on the basis of an
alleged violation of any civil or criminal statute of the State
concerned.
(g) Definition.
In this section, the term ``attorney general'' means the chief legal
officer of a State.
SEC. 6. INTERNET SERVICE PROVIDERS.
(a) Exemption for Certain Transmissions.
The provisions of this Act shall not apply to a transmission of
electronic mail by an interactive computer service provider unless the
provider initiates the transmission.
(b) Notice of Transmissions from Commission.
Not later than 72 hours after receipt from the Commission of notice
that its computer equipment may have been used by another person to
initiate a transmission of electronic mail in violation of a provision
of section 3 or 7, an interactive computer service provider shall
(1) provide the Commission such information as the Commission requires
in order to determine whether or not the computer equipment of the
provider was used to initiate the transmission; and
(2) if the Commission determines that the computer equipment of the
provider was used to initiate the transmission, take appropriate
actions to terminate the use of its computer equipment by that person.
(c) Notice of Transmissions from Private Individuals.
(1) In general.
Subject to paragraph (2), not later than 14 days after receipt from a
private person of notice that its computer equipment may have been
used by another person to initiate a transmission of electronic mail
in violation of a provision of section 3 or 7, an interactive computer
service provider shall
(A) transmit the notice to the Commission together with such
information as the Commission requires in order to determine whether
or not the computer equipment of the provider was used to initiate the
transmission; and
(B) if the Commission determines that the computer equipment of the
provider was used to initiate the transmission, take appropriate
actions to terminate the use of its computer equipment by that person.
(2) Minimum notice requirement.
An interactive computer service provider shall transmit a notice under
paragraph (1) with respect to a particular transmission of electronic
mail only if the provider receives notice with respect to the
transmission from more than 100 private persons.
(d) Blocking Systems.
(1) Requirement.
Each interactive computer service provider shall make available to
subscribers to such service a system permitting such subscribers, upon
the affirmative electronic request of such subscribers, to block the
receipt through such service of any electronic mail that contains the
term``advertisement'' in its subject line.
(2) Notice of availability.
Upon the applicability of this subsection to an interactive computer
service provider, the provider shall
(A) notify each current subscriber, if any, to the service of the
blocking system provided for under paragraph (1); and
(B) notify any new subscribers to the service of the blocking system.
(3) Blocking by provider.
An interactive computer service provider may, upon its own initiative,
block the receipt through its service of any electronic mail that
contains the term ``advertisement'' in its subject line.
(4) Applicability.
The requirements in paragraphs (1) and (2) shall apply
(A) beginning 1 year after the date of enactment of this Act, in the
case of an interactive computer service provider having more than
25,000 or more subscribers; and
(B) beginning 2 years after that date, in the case of an interactive
computer service provider having less than 25,000 subscribers.
(e) Records.
An interactive computer service provider shall retain records of any
action taken on a notice received under this section for not less than
2 years after the date of receipt of the notice.
(f) Construction.
Nothing in this section may be construed to require an interactive
computer service provider to transmit or otherwise deliver any
electronic mail message containing the term ``advertisement'' in its
subject line.
(g) Definition.
In this section, the term ``interactive computer service provider''
has the meaning given that term in section 230(e)(2) of the
Communications Act of 1934 (47 U.S.C. 230(e)(2)).
SEC. 7. RECEIPT OF TRANSMISSIONS BY PRIVATE PERSONS.
(a) Termination of Transmissions.
(1) Request.
A person who receives a transmission of unsolicited commercial
electronic mail not otherwise authorized under this section may
request, by electronic mail to the same electronic mail address from
which the transmission originated, the termination of transmissions of
such mail by the person initiating the transmission.
(2) Deadline.
A person receiving a request for the termination of transmissions of
electronic mail under this subsection shall cease initiating
transmissions of electronic mail to the person submitting the request
not later than 48 hours after receipt of the request.
(b) Affirmative Authorization of Transmissions Without Information.
(1) In general.
Subject to paragraph (2), a person may authorize another person to
initiate transmissions to the person of unsolicited commercial
electronic mail without inclusion in such transmissions of the
information required by section 3.
(2) Termination.
(A) Notice.
A person initiating transmissions of electronic mail under paragraph
(1) shall include, with each transmission of such mail to a person
authorizing the transmission under that paragraph, notice that the
person authorizing the transmission may request at any time the
recommencement of the inclusion in such transmissions of the
information required by section 3.
(B) Deadline.
A person receiving a request under this paragraph shall include the
information required by section 3 in all transmissions of unsolicited
commercial electronic mail to the person making the request beginning
not later than 48 hours after receipt of the request.
(c) Constructive Authorization of Transmissions Without Information.
(1) In general.
Subject to paragraph (2), a person who secures a good or service from,
or otherwise responds electronically to, an offer in a transmission of
unsolicited commercial electronic mail shall be deemed to have
authorized transmissions of such mail without inclusion of the
information required under section 3 from the person who initiates the
transmission providing the basis for such authorization.
(2) Termination.
(A) Request.
A person deemed to have authorized the transmissions of electronic
mail under paragraph (1) may request at any time the recommencement of
the inclusion in such transmissions of the information required by
section 3.
(B) Deadline.
A person receiving a request under this paragraph shall include the
information required by section 3 in all transmissions of unsolicited
commercial electronic mail to the person making the request beginning
not later than 48 hours after receipt of the request.
(d) Effective Date of Termination Requirements.
Subsections (a), (b)(2), and(c)(2) shall take effect 30 days after the
date of enactment of this Act.
SEC. 8. ACTIONS BY PRIVATE PERSONS.
(a) In General.
Any person adversely affected by a violation of a provision of section
3 or 7, or an authorized person acting on such person's behalf, may,
within 1 year after discovery of the violation, bring a civil action
in a district court of the United States against a person who has
violated the provision. Such an action may be brought to enjoin the
violation, to enforce compliance with the provision, to obtain
damages, or to obtain such further and other relief as the court
considers appropriate.
(b) Damages.
(1) In general.
The amount of damages in an action under this section for a violation
specified in subsection (a) may not exceed $5,000 per violation.
(2) Relationship to other damages.
Damages awarded for a violation under this subsection are in addition
to any other damages awardable for the violation under any other
provision of law.
(c) Cost and Fees.
The court, in issuing any final order in any action brought under
subsection (a), may award costs of suit and reasonable attorney fees
and expert witness fees for the prevailing party.
(d) Venue; Service of Process.
Any civil action brought under subsection (a)in a district court of
the United States may be brought in the district in which the
defendant is found, is an inhabitant, or transacts business or
wherever venue is proper under section 1391 of title 28, United States
Code. Process in such an action may be served in any district in which
the defendant is an inhabitant or in which the defendant may be found.
SEC. 9. RELATION TO STATE LAWS.
(a) State Law Applicable Unless Inconsistent.
The provisions of this Act do not annul, alter, or affect the
applicability to any person, or otherwise exempt from the
applicability to any person, of the laws of any State with respect to
the transmission of unsolicited commercial electronic, except to the
extent that those laws are inconsistent with any provision of this
Act,and then only to the extent of the inconsistency.
(b) Requirement Relating to Determination of Inconsistency.
The Commission may not determine that a State law is inconsistent with
a provision of this Act if the Commission determines that such law
places greater restrictions on the transmission of unsolicited
commercial electronic mail than are provided for under such provision.
SEC. 10. DEFINITIONS.
In this Act:
(1) Commercial electronic mail. The term ``commercial electronic
mail''means any electronic mail that
(A) contains an advertisement for the sale of a product or service;
(B) contains a solicitation for the use of a toll-free telephone
number or a telephone number with a 900 prefix the use of which
connects the user to a person or service that advertises the sale of
or sells a product or service; or
(C) contains a list of one or more Internet sites that contain an
advertisement referred to in subparagraph (A) or a solicitation
referred to in subparagraph (B).
(2) Commission.
The term ``Commission'' means the Federal Trade Commission.
(3) State.
The term ``State'' means any State of the United States, the District
of Columbia, Puerto Rico, Guam, American Samoa, the United States
Virgin Islands, the Commonwealth of the Northern Mariana Islands, the
Republic of the Marshall Islands, the Federated States of Micronesia,
the Republic of Palau, and any possession of the United States.
------------------------------
Date: Tue, 5 May 1998 08:35:39 -0800
From: "Rob Slade, doting grandpa of Ryan and Trevor" <rslade@sprint.ca>
Subject: File 3--REVIEW: "Privacy on the Line", Whitfield Diffie/Susan Landau
BKPRIVLN.RVW 980301
"Privacy on the Line", Whitfield Diffie/Susan Landau, 1998,
0-262-04167-7, U$25.00
%A Whitfield Diffie
%A Susan Landau
%C 55 Hayward Street, Cambridge, MA 02142-1399
%D 1998
%G 0-262-04167-7
%I MIT Press
%O U$25.00 +1-800-356-0343 fax: +1-617-625-6660 manak@mit.edu
%P 342 p.
%T "Privacy on the Line: The Politics of Wiretapping and Encryption"
This seems to be the year for privacy. Hard on the heels of
"Technology and Privacy" (cf. BKTCHPRV.RVW), "The Electronic Privacy
Papers" (cf. BKELPRPA.RVW), and the related "Borders in Cyberspace"
(cf. BKBRDCYB.RVW) comes this volume.
Given the emotional content with which the encryption debate has been
loaded in recent years, it is important that the introduction, in
chapter one, is a neutral and even-handed look at the background of
the discussion, presenting the issues on both sides, although little
of the case for either. Specific references may be from the United
States, but the arguments made are generic enough to be considered by
all audiences. Chapter two gives an overview of cryptography, which
is, of course, excellent. Not only does it explain the importance of
keys and cryptographic strength, but it also gives insightful analysis
into business and social factors in the development of the field.
Cryptography and public policy, in chapter three, is restricted to
developments within (and related to) the US, but looks at all types of
issues, both technical and not. Chapter four discusses national
security with a quick but clear and thorough overview of the various
aspects of intelligence gathering, particularly communications
intelligence. There is also brief mention of information warfare.
Much of the heat in the current debate about encryption restrictions
involves law enforcement. (References are frequently made to drug and
child pornography rings.) Therefore, the brevity of chapter five is
disappointing. The content, however, is not. It builds a solid
framework for the topic, and notes an instructive difference in
effectiveness between wiretaps and other electronic bugs. Chapter six
is again specific to US history, reviewing activities both in support,
and destructive, of privacy.
Chapter seven deals specifically with wiretapping technology,
activities, and legality in the US. Much of the material in the
chapter has been at least touched on previously, and there is
noticeable duplication. There is less duplication in chapter eight's
discussion of the current communications scene, although little new
material. The same is not the case with current cryptography in
chapter nine, providing brief backgrounds of the myriad efforts being
made to disseminate and suppress encryption capabilities. The
conclusion, in chapter ten, seems to come down on the side of opening
encryption development and distribution.
An extensive, possibly exhaustive, bibliography is a major resource in
the book.
The thorough research, even tone, and informed analysis make this work
an excellent foundation for discussion. It does not, however, provide
much in the way of direction. That the authors should tend to support
the dropping of restrictions on cryptography is not surprising, but
such support is neither strong nor impassioned.
copyright Robert M. Slade, 1998 BKPRIVLN.RVW 980301
------------------------------
Date: Thu, 25 Apr 1998 22:51:01 CST
From: CuD Moderators <cudigest@sun.soci.niu.edu>
Subject: File 4--Cu Digest Header Info (unchanged since 25 Apr, 1998)
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