EFFector Online Volume 6

 


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EFFector Online Volume 6 No. 1       9/17/1993       editors@eff.org

A Publication of the Electronic Frontier Foundation   ISSN 1062-9424

1098 lines

                  -==--==--==-<>-==--==--==- 

                        In This Issue:

                 Clipper Escrow Agents Chosen

                 Barlow's "A Plain Text on Crypto Policy"

                 Crypto Conference in Austin

                 Virginians Against Censorship

                   -==--==--==-<>-==--==--==- 



****************************

Clipper Escrow Agents Chosen

****************************


         In the next several days, the Administration will announce it has

chosen at least one escrow agency and has developed procedures for

accessing escrow keys pursuant to warrant.  Here is an account of an

Administration hill staff briefing on September 16, 1993, and the draft

procedures for law enforcement, foreign intelligence, and state and local

law enforcement wiretapping. We are looking for comments and analysis.

Please circulate widely. 


Jerry Berman, EFF.


  ==================                                                      


RE:     Clipper Escrow Agent Briefing for Congressional Staff


        Yesterday, September 15, 1993, a briefing was held for

congressional  staff regarding the status of the Clipper project.  The lead

briefers for the Administration were Mark Richard, Deputy Assistant

Attorney General, Criminal Division, DOJ; Jim Kallstrom, FBI; Geoff

Greiveldinger, Special Counsel, Narcotic and Dangerous Drug Section, DOJ;

and John Podesta.  Also present were Mary Lawton, Counsel for Intelligence

Policy and Review, DOJ; Mike Waguespack, NSC; and Dwight Price, National

District Attorneys Association.


        The Administration has tentatively settled on NIST and a yet to be

determined non-law enforcement component of the Department of the 

Treasury as the "escrow agents."  The Administration will finalize the choices 

in the next few days, according to John Podesta.  The Attorney General will

make an announcement, in what form has not been determined, but it will

probably not be a Federal Register notice.  The Attorney General will

announce that she has adopted, and the escrows have agreed to follow, the

attached procedures.


        The system will work as follows:


(1)   A black box (actually a PC) in the possession of a law enforcement

agency will be able to read the Law Enforcement Access Field in a Clipper

encrypted data stream and extract the identification number specific to the

Clipper chip being used by the intercept target.  Cost of the black box yet

undetermined.  How many will be purchased by law enforcement yet

undetermined, although if use of Clipper becomes common, the black boxes

will be in great demand, by federal as well as state and local agencies. 

They will be available only to law enforcement, with yet to be specified

controls on their sale.  Each black box will have a unique identifier.


(2)   The law enforcement agency will fax the device ID  number to

each of the escrow agents, along with a certification that the agency has

authority to conduct the intercept, the ID number of the intercepting

agency's black box, and the time period for which the intercept is

authorized (in the case of Title III's, up to thirty days, with

extensions).


(3)   The escrow agents will transmit the key components by encrypted

link directly into the black box of the requesting law enforcement agency. 

The key components will only work with that particular black box, and will

only work for the stated duration of the intercept.  If the intercept is

extended, the law enforcement agency will have to send a new request to 

the escrow agents to extend the life of the key components.        The escrow

agents will maintain logs of the requests. Greiveldinger stressed that the

system is "replete with recordation of the transactions that will occur." 

The escrow agents also have a responsibility for maintaining the integrity

of the chip manufacturing process.


        In opening remarks describing the need for the Clipper escrow

system, Kallstrom had stressed that the AT&T product posed a unique threat

in terms of voice quality, affordability, portability and strength of the

encryption.  The Administration rejects the argument that voice encryption

is readily available. The AT&T product, which isn't available yet, is

unique, and competing products, the Administration argues, are yet further

in the future.


        The next voice encryption product in the pipeline is Motorola's,

and Motorola has expressed interest in using Clipper in its product.  The

Administration argued that the need for compatibility would drive a

significant share of the market to Clipper or Capstone-based products. 

Escrow coverage will not be complete, but the bad guys are careless and are

expected to use Clipper products.


        The key criterion used in selecting the escrow agents was whether

the agency had experience in and an infrastructure for handling sensitive

information.  The Administration did not want to use a law enforcement or

national security component, for credibility reasons.  It did not want to

use private entities based on concerns about longevity and not wanting

security to be governed by the need to make a profit.         The briefers

admitted that the proposed system is not really an escrow.  The agencies

holding the key components will not have any duties or responsibilities to

the Clipper users.  The escrows' obligation will be to the government, and

they will be liable to Clipper users only under the Bivens doctrine, where

any failure must be shown to be wilful.


        Both John Podesta and Mark Richard stated that there is no plan on

or over the horizon to outlaw non-escrowed encryption.


        John and Mark said that the international aspects of the

escrow/encryption issue are the thorniest to deal with, and there are no

answers yet.  Clipper products would be exportable with a license, although

other countries may try to keep them out. (Nobody asked questions about

changes in the rules governing export of non-Clipper encryption.)  Other

nations would not participate in the escrow system, nor, presumably, would

they be allowed to buy the black boxes. E.G., if the British intercepted an

IRA communication that appeared to be encrypted with Clipper, and came to

the FBI for help, the anticipated escrow system would not allow the FBI to

get the key from the escrow agents.             


==================PROPOSED PROCEDURES


AUTHORIZATION PROCEDURES FOR RELEASE OF ENCRYPTION KEY 

COMPONENTS IN CONJUNCTION WITH INTERCEPTS PURSUANT TO TITLE III


 The following are the procedures for the release of escrowed key

components in conjunction with lawfully authorized interception of

communications encrypted with a key-escrow encryption method. These

procedures cover all electronic surveillance conducted pursuant to Title

III of the omnibus Crime Control and Safe Streets Act of 1968, as amended

(Title III), Title 18, United States Code, Section 2510 et seq.


1)      In each case there shall be a legal authorization for the

interception of wire and/or electronic communications.


2)      All electronic surveillance court orders under Title III shall

contain provisions authorizing after-the-fact minimization, pursuant to 18

U.S.C. 2518(5), permitting the interception and retention of coded

communications, including encrypted communications.


3)      In the event that federal law enforcement agents discover during

the course of any lawfully authorized interception that communications

encrypted with a key escrow encryption method are being utilized, they may

obtain a certification from the investigative agency conducting the

investigation, or the Attorney General of the United States or designee

thereof. Such certification shall


(a) identify the law enforcement agency or other authority conducting the

interception and the person providing the certification; (b) certify that

necessary legal authorization has been obtained to conduct electronic

surveillance regarding these communications; (c) specify the termination

date of the period for which interception has been authorized; (d) identify

by docket number or other suitable method of specification the source of

the authorization; (e) certify that communications covered by that

authorization are being encrypted with a key-escrow encryption method; (f)

specify the identifier (ID) number of the key escrow encryption chip

providing such encryption; and(g) specify the serial (ID) number of the

key-escrow decryption device that will be used by the law enforcement

agency or other authority for decryption of the intercepted communications.


4)      The agency conducting the interception shall submit this

certification to each of the designated key component escrow agents. If the

certification has been provided by an investigative agency, as soon

thereafter as practicable, an attorney associated with the United States

Attorney's Office supervising the investigation shall provide each of the

key component escrow agents with written confirmation of the certification.


5)      Upon receiving the certification from the requesting investigative

agency, each key component escrow agent shall release the necessary key

component to the requesting agency. The key components shall be provided 

in a manner that assures they cannot be used other than in conjunction with

the lawfully authorized electronic surveillance for which they were

requested.


6)      Each of the key component escrow agents shall retain a copy of the

certification of the requesting agency, as well as the subsequent

confirmation of the United States Attorney's office. In addition, the

requesting agency shall retain a copy of the certification and provide

copies to the following:


(a) the United States Attorney's office supervising the investigation, and

(b) the Department of Justice, Office of Enforcement operations .


7) Upon, or prior to, completion of the electronic surveillance phase of

the investigation, the ability of the requesting agency to decrypt

intercepted communications shall terminate, and the requesting agency may

not retain the key components.


These procedures do not create, and are not intended to create, any

substantive rights for individuals intercepted through electronic

surveillance, and noncompliance with these procedures shall not provide the

basis for any motion to suppress or other objection to the introduction of

electronic surveillance evidence lawfully acquired.


AUTHORIZATION PROCEDURES FOR RELEASE OF ENCRYPTION KEY 

COMPONENTS IN CONJUNCTION WITH INTERCEPTS PURSUANT TO FISA


The following are the procedures for the release of escrowed key 

components in conjunction with lawfully authorized interception of 

communications encrypted with a key-escrow encryption method. These 

procedures cover all electronic surveillance conducted pursuant to the 

Foreign Intelligence Surveillance Act (FISA), Pub. L. 9S-511, which appears 

at Title 50, U.S. Code, Section 1801 et seq.


1)      In each case there shall be a legal authorization for the

interception of wire and/or electronic communications.


2)      In the event that federal authorities discover during the course of

any lawfully authorized interception that communications encrypted with a

key-escrow encryption method are being utilized, they may obtain a

certification from an agency authorized to participate in the conduct of

the interception, or from the Attorney General of the United States or

designee thereof. Such certification shall


(a) identify the agency participating in the conduct of the interception

and the person providing the certification; (b) certify that necessary

legal authorization has been obtained to conduct electronic surveillance

regarding these communications; (c) specify the termination date of the

period for which interception has been authorized; (d) identify by docket

number or other suitable method of specification the source of the

authorization; (e) certify that communications covered by that

authorization are being encrypted with a key-escrow encryption method; (f)

specify the identifier (ID) number of the key escrow encryption chip

providing such encryption; and(g) specify the serial (ID) number of the

key-escrow decryption device that will be used by the agency participating

in the conduct of the interception for decryption of the intercepted

communications.


4)      This certification shall be submitted to each of the designated key

component escrow agents. If the certification has been provided by an

agency authorized to participate in the conduct of the interception, as

soon thereafter as practicable, an attorney associated with the Department

of Justice, office of Intelligence Policy and Review, shall provide each of

the key component escrow agents with written confirmation of the

certification.


5)      Upon receiving the certification, each key component escrow agent

shall release the necessary key component to the agency participating in

the conduct of the interception. The key components shall be provided in a

manner that assures they cannot be used other than in conjunction with the

lawfully authorized electronic surveillance for which they were requested.


6)      Each of the key component escrow agents shall retain a copy of the

certification, as well as the subsequent written confirmation of the

Department of Justice, Office of Intelligence Policy and Review.


7)      Upon, or prior to, completion of the electronic surveillance phase

of the investigation, the ability of the agency participating in the

conduct of the interception to decrypt intercepted communications shall

terminate, and such agency may not retain the key components.


These procedures do not create, and are not intended to create, any

substantive rights for individuals intercepted through electronic

surveillance, and noncompliance with these procedures shall not provide the

basis for any motion to suppress or other objection to the introduction of

electronic surveillance evidence lawfully acquired.


AUTHORIZATION PROCEDURES FOR RELEASE OF ENCRYPTION KEY 

COMPONENTS IN CONJUCTION WITH INTERCEPTS PURSUANT TO STATE 

STATUTES


Key component escrow agents may only release escrowed key components to 

law enforcement or prosecutorial authorities for use in conjunction with

lawfully authorized interception of communications encrypted with a key

escrow encryption method. These procedures apply to the release of key

components to State and local law enforcement or prosecutorial authorities

for use in conjunction with interceptions conducted pursuant to relevant

State statutes authorizing electronic surveillance, and Title III of the

omnibus Crime Control and Safe Streets Act of 1968, as amended, Title 18,

United States Code, Section 2510 et seq.


1)      The State or local law enforcement or prosecutorial authority must

be conducting an interception of wire and/or electronic communications

pursuant to lawful authorization.


2)      Requests for release of escrowed key components must be submitted

to the key component escrow agents by the principal prosecuting attorney of

the State, or of a political subdivision thereof, responsible for the

lawfully authorized electronic surveillance.


3)      The principal prosecuting attorney of such State or political

subdivision of such State shall submit with the request for escrowed key

components a certification that shall


(a) identify the law enforcement agency or other authority conducting the

interception and the prosecuting attorney responsible therefore; (b)

certify that necessary legal authorization for interception has been

obtained to conduct electronic surveillance regarding these communications;

(c) specify the termination date of the period for which interception has

been authorized (d) identify by docket number or other suitable method of

specification the source of the authorization; (e) certify that

communications covered by that authorization are being encrypted with a

key-escrow encryption method; (f) specify the identifier (ID) number of the

key escrow chip providing such encryption; and (g) specify the serial (ID)

number of the key-escrow decryption device that will be used by the law

enforcement agency or other authority for decryption the intercepted

communications.


4)      Such certification must be submitted by the principal prosecuting

attorney of that State or political subdivision to each of the designated

key component escrow agents.


5)      Upon receiving the certification from the principal prosecuting

attorney of the State or political subdivision, each key component escrow

agent shall release the necessary key component to the intercepting State

or local law enforcement agency or other authority. The key components

shall be provided in a manner that assures they cannot be used other than

in conjunction with the lawfully authorized electronic surveillance for

which they were requested.


6)      Each of the key component escrow agents shall retain a copy of the

certification of the principal prosecuting attorney of the State or

political subdivision. In addition, such prosecuting attorney shall provide

a copy of the certification to the Department of Justice.


7)      The U.S. Department of Justice may, to assure conformance with

these procedures, make inquiry of the certifying prosecuting attorney

regarding, inter alia, the genuineness of the certification and

confirmation of the existence of lawful authorization to conduct the

relevant electronic surveillance. The inquiry of the U.S. Department of

Justice will not involve intrusion into matters that must, under relevant

statute, be kept from public disclosure.


8) Upon, or prior to, completion of the electronic surveillance phase of

the investigation, the ability of the intercepting law enforcement agency

or other authority to decrypt intercepted communications shall terminate,

and the intercepting law enforcement agency or other authority may not

retain the key components.


These procedures do not create, and are not intended to create, any

substantive rights for individuals intercepted through electronic

surveillance, and noncompliance with these procedures shall not provide the

basis for any motion to suppress or other objection to the introduction of

electronic surveillance evidence lawfully acquired.


*****************************

A Plain Text on Crypto Policy

*****************************

For the October, 1993  Electronic Frontier column

in Communications of the ACM

by

John Perry Barlow


The field of cryptography, for centuries accustomed to hermetic isolation

within a culture as obscure as its own puzzles, is going public. People who

thought algorithms were maybe something you needed to dig rap music are

suddenly taking an active interest in the black arts of crypto.


We have the FBI and NSA to thank for this. The FBI was first to arouse

public concerns about the future of digital privacy with its  injection of

language year before last into a major Senate anti-crime bill (SB 266)

which would have registered the congressional intent that all providers of

digitized communications should provide law enforcement with analog access

to voice and data transmissions of their subscribers. 


When this was quietly yanked in committee, they returned with a proposed

bill called Digital Telephony. If passed, it would have essentially called

a halt to most American progress in telecommunications until they could be

assured of their continued ability to wiretap. Strange but true.


They were never able to find anyone in Congress technologically backward

enough to introduce this oddity for them, but they did elevate public

awareness of the issues considerably.  


The National Security Agency, for all its (unknown but huge) budget, staff,

and MIPS, has about as much real world political experience as the Order of

Trappists and has demonstrated in its management of cryptology export

policies the maddening counter-productivity that is the usual companion of

inexperience. 


The joint bunglings of these two agencies were starting to infuriate a lot

of people and institutions who are rarely troubled by Large Governmental

Foolishness in the Service of Paranoia. Along with all the usual paranoids,

of course. 


Then from the NSA's caverns in Fort Meade, Maryland there slouched a chip

called Clipper. 


For those of you who just tuned in (or who tuned out early), the Clipper

Chip...now called Skipjack owing to a trademark conflict...is a hardware

encryption device that NSA designed under Reagan-Bush. In April it was

unveiled by the Clinton Administration and proposed for both governmental

and public use. Installed in phones or other telecommunications tools, it

would turn any conversation into gibberish for all but the speaker and his

intended listener, using a secret military algorithm. 


Clipper/Skipjack is unique, and controversial, in that it also allows the

agents of government to listen under certain circumstances. Each chip

contains a key that is split into two parts immediately following

manufacture. Each half is then placed in the custody of some trusted

institution or "escrow agent." 


If, at some subsequent time, some government agency desires to legally

listen in on the owner of the communications device in which the chip has

been placed, it would present evidence of "lawful authority" to the escrow

holders. They will reveal the key pairs, the agency will join them, and

begin listening to the subject's unencrypted conversations.  


(Apparently there are other agencies besides law enforcement who can

legally listen to electronic communications.  The government has evaded

questions about exactly who will have access to these keys, or for that

matter, what, besides an judicial warrant, constitutes the "lawful

authority" to which they continually refer.)  


Clipper/Skipjack was not well received. The blizzard of anguished ASCII it

summoned forth on the Net has been so endlessly voluble and so painstaking

in its "How-many-Cray-Years-can-dance-on-the-head-of-a-Clipper-Chip"

technical detail that I would guess all but the real cypherpunks are by now

data-shocked into listlessness and confusion. 


Indeed, I suspect that even many readers of this publication...a group with

prodigious capacity for assimilating the arid and obscure...are starting to

long for the days when their knowledge of cryptography and the public

policies surrounding it was limited enough to be coherent. 


So I almost hesitate to bring the subject up. Yet somewhere amid this

racket, decisions are being made that will profoundly affect your future

ability to communicate without fear. Those who would sacrifice your liberty

for their illusions of public safety are being afforded some refuge by the

very din of opposition. 


In the hope of restoring both light and heat to the debate, I'm going to

summarize previous episodes, state a few conclusions I've drawn about the

current techno-political terrain, and recommend positions you might

When I first heard about Clipper/Skipjack, I thought it might not be such a

bad idea. This false conclusion was partly due to the reality distorting

character of the location...I was about fifty feet away from the Oval

Office at the time...but it also seemed like one plausible approach to what

may be the bright future of crime in the Virtual Age. 


I mean, I can see what the Guardian Class is worried about. The greater

part of business is already being transacted in Cyberspace. Most of the

money is there. At the moment, however, most of the monetary bits in there

are being accounted for. Accounting is digital, but cash is not. 


It is imaginable that, with the widespread use of digital cash and

encrypted monetary exchange on the Global Net, economies the size of

America's could appear as nothing but oceans of alphabet soup. Money

laundering would no longer be necessary. The payment of taxes might 

become more or less voluntary. A lot of weird things would happen after 

that...


I'm pretty comfortable with chaos, but this is not a future I greet without

reservation. 


So, while I'm not entirely persuaded that we need to give up our future

privacy to protect ourselves from drug dealers, terrorists, child

molesters, and un-named military opponents (the Four Horsemen of Fear

customarily invoked by our protectors), I can imagine bogeymen whose

traffic I'd want visible to authority. 


Trouble is, the more one learns about Clipper/Skipjack, the less persuaded

he is that it would do much to bring many actual Bad Guys under scrutiny. 


As proposed, it would be a voluntary standard, spread mainly by the market

forces that would arise after the government bought a few tons of these

chips for their own "sensitive but unclassified" communications systems. No

one would be driven to use it by anything but convenience. In fact, no one

with any brains would use it if he were trying to get away with anything. 


In fact, the man who claims to have designed Clipper's basic specs, Acting

NIST Director Ray Kammer, recently said,  "It's obvious that anyone who

uses Clipper for the conduct of organized crime is dumb." No kidding. At

least so long as it's voluntary. 


Under sober review, there mounted an incredibly long list of reasons to

think Clipper/Skipjack might not be a fully-baked idea. In May, after a

month of study, the Digital Privacy and Security Working Group, a coalition

of some 40 companies and organizations chaired by the Electronic Frontier

Foundation (EFF), sent the White House 118 extremely tough questions

regarding Clipper, any five of which should have been sufficient to put the

kibosh on it.  


The members of this group were not a bunch of hysterics. It includes DEC,

Hewlett-Packard, IBM, Sun, MCI, Microsoft, Apple, and AT&T (which was 

also, interestingly enough, the first company to commit to putting

Clipper/Skipjack in its own products). 


Among the more troubling of their questions: 


o       Who would the escrow agents be?


o       What are Clipper's likely economic impacts, especially in regard to

export of American digital products? 


o       Why is its encryption algorithm secret and why should the public

have confidence in a government-derived algorithm that can't be privately

tested? 


o       Why is Clipper/Skipjack being ram-rodded into adoption as a

government standard before completion of an over-all review of U.S.

policies on cryptography? 


o       Why are the NSA, FBI, and NIST stone-walling Freedom of Information

inquiries about Clipper/Skipjack? (In fact, NSA's response has been,

essentially, "So? Sue us.")


o       Assuming Clipper/Skipjack becomes a standard, what happens if the

escrow depositories are compromised? 


o       Wouldn't these depositories also become targets of opportunity for

any criminal or terrorist organization that wanted to disrupt US. law

enforcement? 


o       Since the chip transmits its serial number at the beginning of each

connection, why wouldn't it render its owner's activities highly visible

through traffic analysis (for which government needs no warrant)?


o       Why would a foreign customer buy a device that exposed his

conversations to examination by the government of the United States? 


o       Does the deployment and use of the chip possibly violate the 1st,

4th, and 5th Amendments to the U.S. Constitution? 


o       In its discussions of Clipper/Skipjack, the government often uses

the phrase "lawfully authorized electronic surveillance." What, exactly, do

they mean by this?


o       Is it appropriate to insert classified technology into either the

public communications network or into the general suite of public

technology standards?


And so on and so forth. As I say, it was a very long list.  On July 29,

John D. Podesta, Assistant to the President and White House Staff Secretary

(and, interestingly enough, a former legal consultant to EFF and Co-Chair

of the Digital Privacy Working Group), responded to these questions. He

actually answered few of them. 


Still un-named, undescribed, and increasingly unimaginable were the escrow

agents. Questions about the inviolability of the depositories were met with

something like, "Don't worry, they'll be secure. Trust us."


There seemed a lot of that in Podesta's responses. While the government had

convened a panel of learned cryptologists to examine the classified

Skipjack algorithm, it had failed to inspire much confidence among the

crypto establishment, most of whom were still disinclined to trust anything

they couldn't whack at themselves. At the least, most people felt a proper

examination would take longer than the month or so the panel got. After

all, it took fifteen years to find a hairline fissure in DES .   


But neither Podesta nor any other official explained why it had seemed

necessary to use a classified military algorithm for civilian purposes. Nor

were the potential economic impacts addressed. Nor were the concerns about

traffic analysis laid to rest. 


But as Thomas Pynchon once wrote, "If they can get you asking the wrong

questions, they don't have to worry about the answers." Neither asked nor

answered in all of this was the one question that kept coming back to me:

Was this trip really necessary? 


For all the debate over the details, few on either side seemed to be

approaching the matter from first principles. Were the enshrined

threats...drug dealers, terrorists, child molesters, and foreign

enemies...sufficiently and presently imperiling to justify fundamentally

compromising all future transmitted privacy? 


I mean...speaking personally now...it seems to me that America's greatest

health risks derive from the drugs that are legal, a position the

statistics overwhelmingly support. And then there's terrorism, to which we

lost a total of two Americans in 1992, even with the World Trade Center

bombing, only 6 in 1993. I honestly can't imagine an organized ring of

child molesters, but I suppose one or two might be out there. And the last

time we got into a shooting match with another nation, we beat them by a

kill ratio of about 2300 to 1. 


Even if these are real threats, was enhanced wire-tap the best way to

combat them? Apparently, it hasn't been in the past. Over the last ten

years the average total  nation-wide number of admissible state and federal

wire-taps has numbered less than 800. Wire-tap is not at present a major

enforcement tool, and is far less efficient than the informants, witnesses,

physical evidence, and good old fashioned detective work they usually rely

on. 


(It's worth noting that the World Trade Center bombing case unraveled, not

through wire-taps, but with the discovery of the axle serial number on the

van which held the explosives.)


Despite all these questions, both unasked and unanswered, Clipper continues

(at the time of this writing) to sail briskly toward standardhood, the full

wind of government bearing her along. 


On July 30, NIST issued a request for public comments on its proposal to

establish Clipper/Skipjack as a Federal Information Processing Standard

(FIPS).  All comments are due by September 28, and the government seems

unwilling to delay the process despite the lack of an overall guiding

policy on crypto. Worse, they are putting a hard sell on Clipper/Skipjack

without a clue as to who might be escrow holders upon whose political

acceptability the entire scheme hinges.


Nor have they addressed the central question: why would a criminal use a

key escrow device unless he were either very stupid...in which case he'd be

easily caught anyway...or simply had no choice. 


All this leads me to an uncharacteristically paranoid conclusion:  


The Government May Mandate Key Escrow Encryption and Outlaw Other 

Forms. 


It is increasingly hard for me to imagine any other purpose for the

Clipper/Skipjack operetta if not to prepare the way for the restriction of

all private cryptographic uses to a key escrow system. If I were going to

move the American people into a condition where they might accept

restrictions on their encryption, I would first engineer the wide-spread

deployment of a key escrow system on a voluntary basis, wait for some 

blind sheik to slip a bomb plot around it and then say, "Sorry, folks this ain't

enough, it's got to be universal."


Otherwise, why bother? Even its most ardent proponents admit that no

intelligent criminal would trust his communications to a key escrow device.

On the other hand, if nearly all encrypted traffic were Skipjack-flavored,

any transmission encoded by some other algorithm would stick out like a

licorice Dot. 


In fact, the assumption that Cyberspace will roar one day with Skipjack

babble lies behind the stated reason for the secrecy for the algorithm. In

their Interim Report, the Skipjack review panel puts it this way:


Disclosure of the algorithm would permit the construction of devices that

fail to properly implement the LEAF [or Law Enforcement Access Field],

while still interoperating with legitimate SKIPJACK devices.  Such devices

would provide high quality cryptographic security without preserving the

law enforcement access capability that distinguishes this cryptographic

initiative. 


In other words, they don't want devices or software out there that might

use the Skipjack algorithm without depositing a key with the escrow

holders. (By the way, this claim is open to question. Publishing Skipjack

would not necessarily endow anyone with the ability to build an

interoperable chip.)


Then there was the conversation I had with a highly-placed official of the

National Security Council in which he mused that the French had, after all,

outlawed the private use of cryptography, so it weren't as though it

couldn't be done. (He didn't suggest that we should also emulate France's

policy of conducting espionage on other countries' industries, though

wide-spread international use of Clipper/Skipjack would certainly enhance

our ability to do so.)


Be that as it may, France doesn't have a Bill of Rights to violate, which

it seems to me that restriction of cryptography in America would do on

several counts. 


Mandated encryption standards would fly against the First Amendment, 

which surely protects the manner of our speech as clearly as it protects the

content. Whole languages (most of them patois) have arisen on this planet

for the purpose of making the speaker unintelligible to authority. I know

of no instance where, even in the oppressive colonies where such languages

were formed, that the slave-owners banned their use.


Furthermore, the encryption software itself is written expression, upon

which no ban may be constitutionally imposed. (What, you might ask then,

about the constitutionality of restrictions on algorithm export. I'd say

they're being allowed only because no one ever got around to testing from

that angle.) 


The First Amendment also protects freedom of association. On several

different occasions, most notably NAACP v. Alabama ex rel. Patterson and

Talley vs. California, the courts have ruled that requiring the disclosure

of either an organization's membership or the identity of an individual

could lead to reprisals, thereby suppressing both association and speech. 

Certainly in a place like Cyberspace where everyone is so generally

"visible," no truly private "assembly" can take place without some

technical means of hiding the participants.


It also looks to me as if the forced imposition of a key escrow system

might violate the Fourth and Fifth Amendments. 


The Fourth Amendment prohibits secret searches. Even with a warrant, 

agents of the government must announce themselves before entering and 

may not seize property without informing the owner. Wire-taps inhabit a 

gray-ish area of the law in that they permit the secret "seizure" of an actual

conversation by those actively eavesdropping on it. The law does not permit

the subsequent secret seizure of a record of that conversation. Given the

nature of electronic communications, an encryption key opens not only the

phone line but the filing cabinet.


Finally, the Fifth Amendment protects individuals from being forced to

reveal self-incriminating evidence. While no court has ever ruled on the

matter vis a vis encryption keys, there seems something involuntarily

self-incriminating about being forced to give up your secrets in advance.

Which is, essentially, what mandatory key escrow would require you to do.


For all these protections, I keep thinking it would be nice to have a

constitution like the one just adopted by our largest possible enemy,

Russia. As I understand it, this document explicitly forbids governmental

restrictions on the use of cryptography.


For the moment, we have to take our comfort in the fact that our

government...or at least the parts of it that state their

intentions...avows both publicly and privately that it has no intention to

impose key escrow cryptography as a mandatory standard. It would be, to 

use Podesta's mild word, "imprudent." 


But it's not Podesta or anyone else in the current White House who worries

me. Despite their claims to the contrary, I'm not convinced they like

Clipper any better than I do. In fact, one of them...not Podesta...called

Clipper "our Bay of Pigs," referring to the ill-fated Cuban invasion cooked

up by the CIA under Eisenhower and executed (badly) by a reluctant 

Kennedy Administration. The comparison may not be invidious.


It's the people I can't see who worry me. These are the people who actually

developed Clipper/Skipjack and its classified algorithm, the people who,

through export controls, have kept American cryptography largely to

themselves, the people who are establishing in secret what the public can

or cannot employ to protect its own secrets. They are invisible and silent

to all the citizens they purportedly serve save those who sit the

Congressional intelligence committees. 


In secret, they are making for us what may be the most important choice

that has ever faced American democracy, that is, whether our descendants

will lead their private lives with unprecedented mobility and safety from

coercion, or whether every move they make, geographic, economic, or

amorous, will be visible to anyone who possesses whatever may then

constitute "lawful authority." 



Who Are the Lawful Authorities?


Over a year ago, when I first fell down the rabbit hole into Cryptoland, I

wrote a Communications column called Decrypting the Puzzle Palace. In it, I

advanced what I then thought a slightly paranoid thesis, suggesting that

the NSA-guided embargoes on robust encryption software had been driven 

not by their stated justification (keeping good cryptography out of the

possession of foreign military adversaries) but rather restricting its use

by domestic civilians.


In the course of writing that piece, I spoke to a number of officials,

including former CIA Director Stansfield Turner and former NSA Director

Bobby Ray Inman, who assured me that using a military organization to 

shape domestic policy would be "injudicious" (as Turner put it), but no one 

could think of any law or regulation that might specifically prohibit the NSA

from serving the goals of the Department of Justice.


But since then I've learned a lot about the hazy Post-Reagan/Bush lines

between law enforcement and intelligence. They started redrawing the map 

of authority early in their administration with Executive Order 12333, issued

on December 4, 1981. (Federal Register #: 46 FR 59941)


This sweeping decree defines the duties and limitations of the various

intelligence organizations of the United States and contains the following

language:


1.4  The Intelligence Community.  The agencies within the Intelligence

Community shall...conduct intelligence activities necessary for the...

protection of the national security of the United States, including:  

...   

(c) Collection of information concerning, and the conduct of activities to

protect against, intelligence activities directed against the United

States, international terrorist and international narcotics activities, and

other hostile activities directed against the United States by foreign

powers, organizations, persons, and their agents;  (Italics Added)



Further, in Section 2.6, Assistance to Law Enforcement Authorities,

agencies within the Intelligence Community are 


authorized to...participate in law enforcement activities to investigate or

prevent clandestine intelligence activities by foreign powers, or

international terrorist or narcotics activities.


In other words, the intelligence community was specifically charged with

investigative responsibility for international criminal activities in the

areas of drugs and terrorism. 


Furthermore, within certain fairly loose guidelines, intelligence

organizations are "authorized to collect, retain or disseminate information

concerning United States persons" that may include "incidentally obtained

information that may indicate involvement in activities that may violate

federal, state, local or foreign laws."


Given that the NSA monitors a significant portion of all the electronic

communications between the United States and other countries, the

opportunities for "incidentally obtaining" information that might

incriminate Americans inside America are great. 


Furthermore, over the course of the Reagan/Bush administration, the job of

fighting the War on Some Drugs gradually spread to every element of the

Executive Branch.  


Even the Department of Energy is now involved. At an Intelligence 

Community conference last winter I heard a proud speech from a DOE official 

in which he talked about how some of the bomb-designing supercomputers 

at Los Alamos had been turned to the peaceful purpose of sifting through 

huge piles of openly available data...newspapers, courthouse records, etc....in 

search of patterns that would expose drug users and traffickers. They are 

selling their results to a variety of "lawful authorities," ranging from the

Southern Command of the U.S. Army to the Panamanian Defense Forces to

various County Sheriff's Departments. 


"Fine," you might say, "Drug use is a epidemic that merits any cure." But I

would be surprised if there's anyone who will read this sentence who has

broken no laws whatever. And it's anybody's guess what evidence of other

unlawful activities might be "incidentally obtained" by such a wide net as

DOE is flinging. 


The central focus that drugs and terrorism have assumed within the

intelligence agencies was underscored for me by a recent tour of the

central operations room at the CIA. There, in the nerve center of American

intelligence, were desks for Asia, Europe, North America, Africa and

"Middle East/Terrorism," and "South America/Narcotics." These bogeymen 

are now the size of continents on the governmental map of peril. 


Given this perception of its duties, the NSA's strict opposition to the

export of strong cryptographic engines, hard or soft,  starts to make more

sense. They are not, as I'd feared, so clue-impaired as to think their

embargoes are denying any other nation access to good cryptography.

(According to an internal Department of Defense analysis of crypto policy,

it recently took 3 minutes and 14 seconds to locate a source code version

of DES on the Internet.) 


Nor do they really believe these policies are enhancing national security

in the traditional, military sense of the word, where the U.S. is, in any

case, already absurdly over-matched to any national adversary, as was

proven during the Gulf War.  


It's the enemies they can't bomb who have them worried, and they are

certainly correct in thinking that the communications of drug traffickers

and whatever few terrorists as may actually exist are more open to their

perusal than would be the case in a world where even your grandmother's

phone conversations were encrypted. 


And Clipper or no Clipper, such a world would be closer at hand if

manufacturers hadn't known than any device that embodies good encryption

would not be fit for export. 


But with Clipper/Skipjack, there is a lot that the combined forces of

government will be able to do to monitor all aspects of your behavior

without getting a warrant. Between the monitoring capacities of the NSA,

the great data-sieves of the Department of Energy, and the fact that, in

use, each chip would continually broadcast the whereabouts of its owner,

the government would soon be able to isolate just about every perpetrator

among us. 


I assume you're neither a drug-user nor a terrorist, but are you ready for

this? Is your nose that clean? Can it be prudent to give the government

this kind of corrupting power? 


I don't think so, but this is what will happen if we continue to allow the

secret elements of government to shape domestic policy as though the only

American goals that mattered were stopping terrorism (which seems pretty

well stopped already) and winning the War on Some Drugs (which no 

amount of force will ever completely win). 


Unfortunately, we are not able to discuss priorities with the people who

are setting them, nor do they seem particularly amenable to any form of

authority. In a recent discussion with a White House official, I asked for

his help in getting the NSA to come out of its bunker and engage in direct

and open discussions about crypto embargoes, key escrow, the Skipjack

algorithm, and the other matters of public interest.


"I'll see what we can do," he said. 


"But you guys are the government," I protested. "Surely they'll do as you

tell them."


"I'll see what we can do," he repeated, offering little optimism.  


That was months ago. In the meantime, the NSA has not only remained 

utterly unforthcoming in public discussions of crypto policy, they have 

unlawfully refused to comply with any Freedom of Information Act requests 

for documents in this area. 


It is time for the public to reassert control over their own government. It

is time to demand that public policy be made in public by officials with

names, faces, and personal accountability.


When and if we are able to actually discuss crypto policy with the people

who are setting it, I have a list of objectives that I hope many of you

will share. There are as follows:


1.      There should no law restricting any use of cryptography by private

citizens.


2.      There should be no restriction on the export of cryptographic

algorithms or any other instruments of cryptography.


3.      Secret agencies should not be allowed to drive public policies.


4.      The taxpayer's investment in encryption technology and related

mathematical research should be made available for public and scientific

use.            

5.      The government should encourage the deployment of wide-spread

encryption.


6.      While key escrow systems may have purposes, none should be

implemented that places the keys in the hands of government. 

 

7.      Any encryption standard to be implemented by the government should

developed in an open and public fashion and should not employ a secret

algorithm. 


And last, or perhaps, first...


8.      There should be no broadening of governmental access to private

communications and records unless there is a public consensus that the

risks to safety outweigh the risks to liberty and will be effectively

addressed by these means.    


If you support these principles, or even if you don't, I hope you will

participate in making this a public process. And there are a number of

actions you can take in that regard.


The National Institute of Standards and Technology (NIST) has issued a

request for public comments on its proposal to establish the "Skipjack"

key-escrow system as a Federal Information Processing Standard.  You've 

got until September 28 to tell them what you think of that. Comments on the

NIST proposal should be sent to:


Director, Computer Systems Laboratory

ATTN: Proposed FIPS for Escrowed Encryption Standard

Technology Building, Room B-154

National Institute of Standards and Technology

Gaithersburg, MD 20899


If you belong to or work for an organization, you can encourage that

organization to join the Digital Privacy Working Group. To do so they

should contact EFF's Washington office at:


Electronic Frontier Foundation

1001 G Street, NW

Suite 950 East

Washington, DC    20001

202/347-5400

Fax 202/393-5509

eff@eff.org


I also encourage individuals interested in these issues to either join EFF,

Computer Professionals for Social Responsibility, or one of the related

local organizations which have sprung up around the country. For the

addresses of a group in your area, contact EFF. 



New York City, New York

Monday, September 6, 1993



***************************

Crypto Conference in Austin

***************************


          EFF / EFF-Austin Cryptography Conference

       September 22, 1993 - Ramada Inn North, Austin

                 9220 N. IH-35 at Rundberg


Introductory Remarks: 1 to 1:30 p.m.

     Steve Jackson - Welcome.

     Bruce Sterling - Keynote Address.

 

Panel #1: 1:45 to 3:00. POLICY.

     Mitch Kapor

     Jerry Berman

     Dave Farber


Panel #2: 3:15 to 4:30. LAW ENFORCEMENT.

     Esther Dyson

     Mike Godwin

     FBI Representative (invited but not confirmed)

     (Possibly others tba)


Panel #3: 4:45 to 6:00. CYPHERPUNKS.

     John Perry Barlow

     Eric Hughes

     John Gilmore

     (Possibly others tba)

     

Dinner Break: 6 to 8 p.m. Everyone is on their own. The hotel

     restaurant will offer a buffet, or you can order from the

     menu, or there is other good dining nearby.


Reception: 8-10 p.m. - cash bar, everyone is invited.



*****************************

Virginians Against Censorship

*****************************


P.O. BOX 64608 - VIRGINIA BEACH, VA  23467           (804) 499-3303


In a revolution as significant as that of the printing press, computers are

changing the way we communicate and store knowledge.  Gutenberg's 

invention led to our Constitutional protection of Freedom of the Press.  Will 

this protection be extended to speech in the form of electrons?


In order to give citizens an opportunity to examine the issues, Virginians

Against Censorship will hold a free informational program, The First

Amendment in Cyberspace, on Thursday, September 30, 1993, at 7:00pm in

meeting room B of the Virginia Beach Central Library, 4100 Virginia Beach

Blvd.


Everyone is invited to hear Shari Steele, Director of Legal Services for

the Electronic Frontier Foundation describe threats to civil liberties in

cyberspace:  seizure of a publishing company's computers because an

employee was suspected of hacking; seizure and erasure of email messages

from and to people who were suspected of nothing at all; arrest and trial

of a teenage electronic magazine publisher because information in an

article had originally been hacked; refusal of the government to permit

development of encryption software that would allow individual citizens to

protect their privacy.  Law enforcement excesses don't mean there's no need

for law on the electronic frontier, but that law must be created and

monitored by informed citizens.


To register for this program, call 804/431-3071 between 9:00am and 

5:00pm.

     For more information, call Carolyn Caywood at 804/460-7518.

                      Internet: ccaywood@wyvern.wyvern.com



=============================================================


     EFFector Online is published biweekly by:


     Electronic Frontier Foundation

     1001 G Street, N.W., Suite 950 East

     Washington, DC  20001  USA

     Phone:  +1 202 347 5400  FAX:  +1 202 393 5509

     Internet Address:  eff@eff.org


     Coordination, production and shipping by Shari Steele,

     Director of Legal Services & Community Outreach (ssteele@eff.org)


Reproduction of this publication in electronic media is encouraged.  Signed

articles do not necessarily represent the view of the EFF.  To reproduce

signed articles individually, please contact the authors for their express

permission.


     *This newsletter is printed on 100% recycled electrons.*

=============================================================


MEMBERSHIP IN THE ELECTRONIC FRONTIER FOUNDATION


In order to continue the work already begun and to expand our efforts and

activities into other realms of the electronic frontier, we need the

financial support of individuals and organizations.


If you support our goals and our work, you can show that support by

becoming a member now. Members receive our bi-weekly electronic 

newsletter, EFFector Online (if you have an electronic address that can be reached through the Net), and special releases and other notices on our activities. But because we believe that support should be freely given, you can receive these things even if you do not elect to become a member.


Your membership/donation is fully tax deductible.


Our memberships are $20.00 per year for students and $40.00 per year for

regular members.  You may, of course, donate more if you wish.


=============================================================

Mail to: 

         Membership Coordinator

         Electronic Frontier Foundation

         1001 G Street, N.W.

         Suite 950 East

         Washington, DC  20001  USA


Membership rates:

            $20.00 (student or low income membership)

            $40.00 (regular membership)



[   ]  I wish to become a member of the EFF.  I enclose: $_______

[   ]  I wish to renew my membership in the EFF.  I enclose: $_______

[   ]  I enclose an additional donation of $_______


Name:


Organization:


Address:


City or Town:


State:            Zip:           Phone: (      )                  (optional)


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to my Mastercard [  ]  Visa [  ]  American Express [  ]


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Signature: ______________________________________________


Date:


I hereby grant permission to the EFF to share my name with

other nonprofit groups from time to time as it deems

appropriate.                       Initials:______________________



******************************************************************

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       ///////            ///////            ///////

     ///                ///                ///

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******************************************************************

EFFector Online Volume 6 No. 2       10/1/1993       editors@eff.org

A Publication of the Electronic Frontier Foundation   ISSN 1062-9424


                  -==--==--==-<>-==--==--==- 

                        In This Issue:

***VERY IMPORTANT***  Critical Files to Remove from Your BBS

EFF to Defend Crypto Rights Legally

WIRE:  Women's Information Resource & Exchange Opens Online Doors

Senator Kennedy Offers Info Online

EFF Welcomes Dan Brown, Stanton McCandlish, & Kathleen Zaffina

                   -==--==--==-<>-==--==--==- 



************************************************************

***VERY IMPORTANT***  Critical Files to Remove from Your BBS

************************************************************


EFF has learned that the following graphic image files have been the

subject of a recent federal indictment alleging receipt and possession of

child pornography and transportation of obscene materials through

interstate commerce.  ***EFF STRONGLY ADVISES ALL SYSOPS TO REMOVE THESE

FILES FROM THEIR ELECTRONIC BULLETIN BOARD SYSTEMS IMMEDIATELY IN ORDER TO

AVOID LEGAL REPERCUSSIONS.***  Please distribute this message widely and

quickly.


Alleged child pornography files:


PPO4@.GIF

FAMO3.GIF

CHERRYA.GIF

CHERRYB.GIF

CHERRYC.GIF

WC221501.GIF

LITSIS.GIF

MBON006.JPG

MBON007.JPG

DS-X-219.GIF

INOCNT.JPG

KID013.GIF


Alleged adult obscenity files:


ORGY6.ZIP (A DL FILE)

WC1C2332.GIF

BAMS-039.JPG

________________________________________

Shari Steele

Director of Legal Services

Electronic Frontier Foundation

1001 G Street, NW

Suite 950 East

Washington, DC  20001

202/347-5400 (voice), 202/393-5509 (fax)

ssteele@eff.org



***********************************

EFF to Defend Crypto Rights Legally

***********************************


Washington, D.C. -- The Electronic Frontier Foundation has committed

itself this week to legal defense efforts in response to what is

apparently a U.S. government campaign against the use and export of

cryptographic technology.


EFF's response to the anti-cryptography campaign, which has been directed

initially against the "Pretty Good Privacy" (PGP) encryption program

written by Phil Zimmermann, is three-fold:


o EFF and EFF board members will immediately contribute

funds to Phil Zimmermann's current legal expenses as they relate

to constitutional issues and will encourage others to make donations

for this legal effort.


o EFF will continue to vigorously investigate the facts of the PGP case,

and other cryptography-related cases that may arise, in order

to spotlight the constitutional issues raised by such cases.


o EFF is planning to launch in the near future a First Amendment

campaign aimed both at raising funds to support legal work on the

constitutional issues raised by these cases and at educating policymakers

and the general public about need to reform our outmoded export control laws.


The basic facts of the PGP case is as follows:


The Customs Bureau has interviewed Phil Zimmermann and others involved with

PGP. A San Jose grand jury subpoenaed documents relating to PGP from

ViaCrypt and Austin Code Works, two companies that intend to offer

commercial products related to PGP. The State Department has sent a letter

to Austin Code Works requiring them to register as an arms dealer, even if

they don't plan to export cryptography.


In light of these developments, the Electronic Frontier Foundation Board of

Directors met in Austin on Sept 22-23 to plan EFF's response. 


EFF's Board of Directors believes that this case may involve fundamental

issues in the application of the U.S. Constitution to digital media. At

stake is the right to privacy, the right to public access to secure

cryptography, the right to publish digital writings, and the right to equal

protection under the law. We are resolved to take this matter very

seriously.


For this reason, EFF will undertake a vigorous investigation of the facts

in this and any other PGP related cases which might arise.


If the Grand Jury issues indictments that would, in the view of EFF,

threaten the future of digital liberty, we are prepared to assist in the case,

and any other cases that might have similar adverse effects. We are also

prepared to seek to amend the export laws to protect constitutional speech

and the right to disseminate and use encryption to protect the citizens'

right to privacy and to the security of their communications.


In the short run, EFF will assist Phil and others involved with PGP to find

criminal defense attorneys, explore ways to get any cases handled pro

bono publico, or for expenses only, and contribute funds to Phil and other 

possible defendants for pre-indictment constitutional research, and we 

encourage others to do the same. As of this announcement, several thousand

dollars have been pledged by EFF and EFF board members, including John

Gilmore, Mitchell Kapor and John Perry Barlow.  


In the near future, EFF will launch a national campaign designed to provide

legal and financial support for cases or legislative efforts that would

promote the constitutionally guaranteed rights to develop, discuss, and

use cryptographic technology. 


We urge you to help Phil Zimmermann in preparing his constitutional defense 

by contacting Phil's lawyer, Philip Dubois (dubois@csn.org, +1 303 444 3885,

or 2305 Broadway, Boulder, CO  80304, USA). He is accepting legal defense 

contributions relating directly to Phil's defense as an individual.

 

Board of Directors

Electronic Frontier Foundation



*****************************************************************

WIRE:  Women's Information Resource & Exchange Opens Online Doors

*****************************************************************


-- 500 Founding Subscribers To Gain Access to New Information and

Conferencing System for Women --


     SOUTH SAN FRANCISCO, Calif., October 1, 1993 -- Women's

Information Resource & Exchange (WIRE), the first international,

interactive computer network dedicated to women, today opened its

gateways to Founding Subscribers, defined as people actively interested

in building this electronic frontier community.

     "More demographic balance in the online world is crucial," commented

Cliff Figallo, online communications coordinator of the Electronic

Frontier Foundation and former general manager of the WELL.  "WIRE is

providing a vital information clearinghouse and an easy-to-use

networked meeting place for the half of our population that has, until

now, been vastly underrepresented and underserved in the online world.

By offering a safe and welcoming haven where women can assemble and

learn, WIRE will help seed the world network with net-savvy females and

bring the electronic community more in balance with Real World

demographics."

     WIRE provides women with an easily accessed centralized source of

women-oriented information and conversation.  For the first time,

individuals and organizations can quickly and easily access up-to-date

databases, discussions, alerts, abstracts, resources and experts on

health, politics, career, finance, technology, parenting, education,

lifestyle and many other issues of interest to women.  Women and men

can log onto WIRE and discuss topics of interest with each other,

network to solve problems, instantly access information, keep in touch

with family and friends via email, and participate in newsgroups and

mailing lists from other systems on the Internet.

     "We think WIRE will be a great new destination on the information

superhighway,"  explained Ellen Pack, co-founder and president of

WIRE.  "There's a wealth of information for women to tap into -- health

studies, tips on starting a business or traveling alone, parenting

stories, legislative updates, funding sources, and discussions about

art and literature.  WIRE is excited to bring resources and dialog

directly to people's home and office computers.  WIRE is providing a

place for women around the world to get connected to what's happening

and to each other."

     WIRE Founding Subscribers will be limited to 500 people who want

to be early influencers committed to actively developing the online

community.  The Grand Opening for WIRE is scheduled for early 1994.

     "We want to foster diversity," says Pack.  "In Founding

Subscribers, we are looking for people with something to contribute,

personally, intellectually or through their involvements.  While many

subscribers will already be familiar with computer conferencing, our

goal is to make it so easy to get around online that it's completely

unnecessary to be technologically sophisticated."

     "WIRE's interface uses familiar desktop conventions with some nice

extensions -- a most refreshing alternative to the usual tangle of

Unixoid arcana," said Dr. Brenda Laurel, researcher at Interval

Research   "The big news with WIRE, however, is the content -- the pump

is primed with topics and points of view that invite women-centered

discourse and community building. I'm looking forward to living with

WIRE.  It seems like the right place to introduce my daughters (ages 5

and 8) to the wonderful world of networking, too."


USING WIRE IS EASY


     The point-and-click, graphical user interface makes it especially

easy for people to find the information they want and reduces the

learning curve required to use the system.  The graphical user

interface is currently available for Mac and Windows computers, with a

DOS version to be announced within a few months.  A command line

interface is also currently available.


WIRE ENCOURAGES CALLS TO CUSTOMER SUPPORT


     A friendly customer support team is available to users at no

charge.  "Part of our mission is to introduce more women to computer

networking which involves friendly and consistent user support."said

Nancy Rhine, co-founder and development director of WIRE.  "We want

people to ask questions!  We even hold face-to-face workshops at our

offices to demo the how-tos of exploring the online world.  At WIRE

there is no such thing as a 'stupid question'."


ACCESS TO THE VAST WORLD OF THE INTERNET


     Currently, WIRE offers Internet email, mailing lists, UPI

Newswires, and Usenet newsgroups.  Subscribers can telnet to WIRE using

either the vt-100 based command line interface or the Mac GUI

supporting color, sounds, and pictures.

     "Along with all the really juicy information available on WIRE, we

want to encourage women to access other information resources out there

on the Internet.  We are working towards providing the full range of

popular applications available via the Internet, including gopher,

WAIS, archie, ftp, and others", said Rhine.  "WIRE will be rolling out

technical tools one-at-a-time, both to ensure technical quality and to

provide the appropriate customer support.  We think focusing on quality

is the only proper way to keep up with the latest and greatest tools

available."


WIRE NETWORKS, INC.


     WIRE is an international, interactive, computer network serving

the information and networking needs of women.  WIRE's management and

support office is located in South San Francisco.  WIRE's computer

hardware is located and supported around the clock by Pandora Systems

of San Francisco.  WIRE is available today to founding subscribers at a

cost of $15/month which includes 2 free hours of online time,

additional hours cost $2.50/hour.  For long distance users, access is

available thru SprintNet at an additional cost, which varies according

to time of day.  WIRE is also available via telnet from a remote

Internet site.  Discounts are available for groups.  Gift certificates

are also available.


For more information contact WIRE at 415/615-8989 or send email to

info@wire.net.


Press contacts:  Naomi Pearce (415/615-7914) or 

                 Nancy Rhine (415/615-8989)



**********************************

Senator Kennedy Offers Info Online

**********************************

______________________________________________________________________________

from the office of

Senator Edward M. Kennedy

______________________________________________________________________________


FOR IMMEDIATE RELEASE                     CONTACT:   PAM HUGHES

SEPTEMBER 14, 1993                                   202/224-2633

    


SENATOR KENNEDY IS FIRST TO OFFER DIRECT ACCESS TO CONSTITUENTS THROUGH 

COMPUTER OUTREACH



Sen. Edward M. Kennedy is the first member of the U.S. Congress to offer 

constituents direct access to his speeches, press releases and Senate 

statements through their personal computers.  In a pioneering experiment, 

Kennedy began posting releases in May on computer bulletin boards for reading 

by his Massachusetts constituents.


"Massachusetts citizens are among the most technologically sophisticated in

the nation," said Kennedy.  "By communicating directly with my constituents

in their homes, schools, and workplaces, I hope to make my day-to-day work

in Washington more accessible to the people of Massachusetts.  I invite 

Massachusetts citizens to take advantage of this inno vation in electronic 

democracy."


Kennedy's public statements are accessible on several computer bulletin 

boards, as well as in two USENET news groups via the Internet.  The bulletin 

boards provide a cost-effective way for voters to directly access information 

from Sen. Kennedy on various policy issues.  


Readers of the Kennedy releases may provide the Senator with immediate 

feedback on the issues by commenting via computer.  While all comments will be 

monitored, staff limitations will prohibit individual replies for the 

foreseeable future.  Constituents are encouraged to contact Kennedy's

Boston or Washington office by mail when a reply is desired.


Response during the summer experiment has been so positive that Kennedy's 

office has expanded its reach of bulletin boards and is actively alerting the 

general public about the availability of the Kennedy postings.  Comments from 

con stituents have included:


"I would like to thank you for making the effort to publish these press 

releases on our bulletin board.  It is admirable that you are sincerely making 

an effort to get your opinions out into the public arena..."


"I'm all for our elected reps getting 'with it'."


"I recommend that everyone check out the Sen. Kennedy press release 

conference..."


Senator Kennedy, who chairs the Senate Committee on Labor and Human Resources, 

will play a major role in the Senate's consideration of President Clinton's 

comprehensive health care proposal.  The Labor Committee also has jurisdiction 

over federal legislation involving jobs and education.  Constituents

interested in these and other policy matters can read his electronic

postings to obtain up-to-date information.


North Shore Mac, a free bulletin board run by Jonathan Gourd in Beverly, 

Massachusetts, provides the home location for the "Sen. Kennedy Releases" 

conference.  This board can be reached at 508/921-4716 and can be accessed

with standard telecommunications software, or in its graphical interface

via 

Macintosh or Windows client software available for downloading on-line.  

Visitors can sign-on with the User ID: visitor, Password: visitor.


On the Internet, releases can be found in the following USENET news groups: 

ne.politics and talk.politics.misc


These releases are also available via anonymous FTP:

ftp ftp.ai.mit.edu, (login as) anonymous, cd incoming/Kennedy


Technical assistance and distribution to the Internet is provided as a public 

service by the Intelligent Information Infrastructure Project, at the  

Artificial Intelligence Laboratory, Massachusetts Institute of Technology.



*************************************************************

EFF Welcomes Dan Brown, Stanton McCandlish & Kathleen Zaffina

*************************************************************


Beginning this month, EFF welcomes three new additions to our staff.


Dan Brown will be EFF's new Systems Administrator.  Recently, Dan has been

administering the system and providing technical support at Case Western in

Cleveland, Ohio.  One of Dan's earliest tasks will be to relocate EFF's

cluster of SUN Sparkstations from Cambridge, MA, to Washington, DC.  Dan

will then be responsible for administering our gopher, wais and ftp sites. 

You can reach Dan at brown@eff.org.


Stanton McCandlish is starting as EFF's Online Activist.  Stanton may be

familiar to many of you already, as he is a relatively outspoken member of

several popular mail lists.  Stanton has just moved all of his belongings

to DC from Albuquerque, New Mexico, where he ran his own BBS.  One of

Stanton's earliest tasks will be to set up an EFF BBS.  Stanton will also

be taking over editorial responsibility for EFFector Online.  You can reach

Stanton at mech@eff.org.


Kathleen Zaffina will be replacing Kirsten Erickson as EFF's Executive

Assistant.  Kathleen has over 15 years of experience in similar positions,

most recently working at Amideast, a nonprofit organization in DC that

promotes understanding between people in the United States and Middle

Eastern countries.  Kathleen will be responsible for making sure that EFF's

office runs smoothly, providing support to EFF staff and board.  You can

reach Kathleen at kzaffina@eff.org.



=============================================================


     EFFector Online is published biweekly by:


     Electronic Frontier Foundation

     1001 G Street, N.W., Suite 950 East

     Washington, DC  20001  USA

     Phone:  +1 202 347 5400  FAX:  +1 202 393 5509

     Internet Address:  eff@eff.org


     Coordination, production and shipping by Shari Steele,

     Director of Legal Services & Community Outreach (ssteele@eff.org)


Reproduction of this publication in electronic media is encouraged.  Signed

articles do not necessarily represent the view of the EFF.  To reproduce

signed articles individually, please contact the authors for their express

permission.


     *This newsletter is printed on 100% recycled electrons.*

=============================================================


MEMBERSHIP IN THE ELECTRONIC FRONTIER FOUNDATION


In order to continue the work already begun and to expand our efforts and

activities into other realms of the electronic frontier, we need the

financial support of individuals and organizations.


If you support our goals and our work, you can show that support by

becoming a member now. Members receive our bi-weekly electronic newsletter,

EFFector Online (if you have an electronic address that can be reached

through the Net), and special releases and other notices on our activities.

 But because we believe that support should be freely given, you can

receive these things even if you do not elect to become a member.


Your membership/donation is fully tax deductible.


Our memberships are $20.00 per year for students and $40.00 per year for

regular members.  You may, of course, donate more if you wish.


=============================================================

Mail to: 

         Membership Coordinator

         Electronic Frontier Foundation

         1001 G Street, N.W.

         Suite 950 East

         Washington, DC  20001  USA


Membership rates:

            $20.00 (student or low income membership)

            $40.00 (regular membership)



[   ]  I wish to become a member of the EFF.  I enclose: $_______

[   ]  I wish to renew my membership in the EFF.  I enclose: $_______

[   ]  I enclose an additional donation of $_______


Name:


Organization:


Address:


City or Town:


State:            Zip:           Phone: (      )                  (optional)


FAX: (      )                   (optional)


E-mail address:


I enclose a check [  ].

Please charge my membership in the amount of $

to my Mastercard [  ]  Visa [  ]  American Express [  ]


Number:


Expiration date:


Signature: ______________________________________________


Date:


I hereby grant permission to the EFF to share my name with

other nonprofit groups from time to time as it deems

appropriate.                       Initials:______________________


********************************************************************

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     ///                ///                ///

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********************************************************************

EFFector Online Volume 6 No. 3.01    10/20/1993      editors@eff.org

A Publication of the Electronic Frontier Foundation   ISSN 1062-9424


                  -==--==--==-<>-==--==--==-


                        In This Issue:


EFF Changes: New Editor, Suns Move to DC!

EFF Elects Two New Members to Its Board of Directors

Notes from House Hearing on Cryptography Export Controls

Administration Expands FOIA Rights

UK Cryptoprivacy Association Meeting


                  -==--==--==-<>-==--==--==-


EFF Changes: New Editor, Suns Move to DC!


EFFector Online is now produced by Stanton "Mechanism" McCandlish, EFF's

Online Activist, mech@eff.org.  Besides UseNet ubiquity, Stanton has been

active in the BBS scene for some time, particularly in FidoNet, and is

the founder of IndraNet.  Mech hails from Albuquerque, New Mexico, and is

finding EFF and Washington DC to be a fascinating change of pace and

place.


Some new formatting: All articles are separated by the -==-==-==... line you 

see above, which should make it convenient to scan forward to a new article

quickly.


General comments about EFFector, EFF, and the issues raised should be

directed to editors@eff.org.


Other important addresses, one of which is new:

 eff@eff.org - to get on mailing lists, and other tech stuff.

 ask@eff.org - to ask questions about EFF or the issues we are involved in.


EFF's Sun Microsystems SPARCstations finally have been moved down to our

offices in DC.  Chris Davis and Helen Rose-Davis, EFF's former Systems

Administrators, journeyed with the machines and, with the help of new

Systems Administrator Dan Brown (brown@eff.org), had them up and running

within one hour of arrival onsite!  Chris and Helen now will be able to

devote their complete energies to KEI, which was kind enough to loan us

their talents.  We thank them for all they've done for us and wish them the

best of luck.


Note that EFF *is* still reachable at eff.org, the ftp site is still

ftp.eff.org, the gopher site is still gopher.eff.org, wais is wais.eff.org,

as always.  However, kragar.eff.org may not be a valid host domain name much

longer, so avoid using it and use ftp.eff.org instead.  


                  -==--==--==-<>-==--==--==-


EFF Elects Two New Members to Its Board of Directors


The Electronic Frontier Foundation (EFF) today announced the election of

two individuals to its Board of Directors:  David Johnson, a Washington,

D.C. attorney specializing in computer law, and Rob Glaser, a software

industry executive and multimedia pioneer.


David Johnson is counsel in the Washington, D.C. law firm of Wilmer,

Cutler & Pickering where his areas of practice include software and

systems contracting, electronic publishing and privacy issues, newspaper

distribution systems, litigation, property valuation and administrative

law.   He also serves as President and CEO of Counsel Connect, an

electronic mail and conferencing system that connects corporate counsel

and outside law firms, and has been instrumental in encouraging the use of

information technology in the legal profession.  Johnson serves on the

Board of Directors of the Center for Computer-Assisted Legal Instruction

(CALI) and is a Trustee of the National Center for Automated Information

Research (NCAIR). 


"EFF has provided unique leadership by helping everyone involved in

building and using the new electronic networks to understand the

importance of preserving core democratic values in this new medium," said

Johnson.  "The founders of EFF have pushed vigorously for networks that

preserve freedom of speech, privacy and enhanced opportunities for all.  I

am excited to have a chance to participate in EFF's continuing discussion

of these vital questions."


Rob Glaser is presently a consultant to Microsoft Corporation. He most

recently served as the company's Vice President for Multimedia and

Consumer Systems, where he led Microsoft's development of multimedia

technology and the company's strategy for entering the emerging market for

consumer digital appliances. Prior to that, Glaser held positions at 

Microsoft related to the development and marketing of networking systems

software and desktop applications such as Microsoft Word and Excel. Before

joining Microsoft in 1983, Glaser was founder and President of Ivy

Research, a PC software startup company. Glaser also is a minority owner of

the Seattle Mariners baseball team, and serves on the board of the Target

Margin Theater Company of New York, and Dwight Hall, the umbrella

organization for Yale University student social and political activism.


"I'm honored and excited to be joining the board," said Glaser about his

involvement in EFF.  "In its brief history EFF has established itself as

the leading organization working to ensure that the Electronic Frontier is

organized and run in accordance with fundamental American principles of

openness, democracy, and social justice. I hope to help EFF extend its

work into the arena of video and multimedia information."


Johnson and Glaser join with other members of the Foundation's Board of

Directors, including EFF co-founders Mitchell Kapor and John Perry

Barlow, Jerry Berman, John Gilmore, Stewart Brand, Esther Dyson, and David

Farber.


                  -==--==--==-<>-==--==--==-


Notes from House Hearing on Cryptography Export Controls

by Danny Weitzner, EFF Senior Staff Counsel


October 12, 1993

House Foreign Affairs Committee

Subcommittee on Economic Policy, Trade, and the Enviornment

Hearing on mass market cryptography and export controls

Rep. Sam Gejdenson (D-Conn.), Chair


Committee Members present:


Gejdenson, Cantwell (D-Wash.), Fingerhut (D-Ohio), Rohrbacher (R-Calif.)

Manzullo (R-Ill.) 


Witnesses:


PANEL 1 (Open)


J. Hendren, Arkansas Systems (A data security firm that does a lot of

international banking work)


Ray Ozzie, IRIS Associates for Business Software Alliance (Lotus Notes

developer)


Stephen Walker, Trusted Information Systems for Software Publishers Association


Philip Zimmermann, PGP developer


Don Harbert, Digital Eqiupment Corp.


PANEL 2 (Secret Session)


NSA representative



Opening Statement of Gejdenson: 


"This hearing is about the well intentioned attempts of the National

Security Agency to try to control the uncontrollable....  The NSA itself

acknowledges that if you have a long distance telephone line and a modem,

you can send this software anywhere in the world.  If you have a computer

and a modem you can take this software off of the Internet anywhere in the

world....  I do not question the value of the information sought by the

National Security Agency.  But once it is determined that the dispersion of

this software cannot be controlled, then however much we might want to

protect our ability to obtain information, it is beyond our means to do so.

 Just as in the case of telecommunications, the National Security Agency is

attempting to put the genie back in the bottle.  It won't happen; and a

vibrant and productive sector of American indsutry may be sacrificed in the

process."


The main points raised by witnesses were these:


1. DES and other strong encryption which is barred by ITAR is in the public

domain and available on the global market from foreign software

manufacturers:


-Ray Ozzie used his laptop and a modem to show how to get a DES

implementation from ftp.germany.eu.net.  The committee loved it and most of

them seemed to understand what was going on on the screen, even though they

had never heard of ftp.


-Stephen Walker described the results of an SPA study which uncovered over

250 cryptography packages which offer DES-based or stronger algorithms.


-Phil Zimmermann testified that he designed PGP from publicly available

information.


2. Foreign DES implementations are just as good as US versions. 

Surprisingly enough, this is a contentious issue.  Some members of the

committee seemed to have been told by someone or another that foreign

versions of DES may not be as strong as those that are made in the USA.  If

this were true, then export controls might still be justified despite the

numerous foreign versions of DES on the market.  In my view, this is a

pretty desperate argument.


-Steve Walker demonstrated that all DES works the same way by encrypting a

passage from Mozart's Eine Kleine Nachtmusik with several different foreign

DES packages, and then decrypting them.  Surprise!  They all sounded just

the same.


3. Lots of money is being lost by US software/hardware vendors:


-Don Harbert from DEC told of loses of over $70 Million in just the last

few months.


-BSA estimates that export controls exclude access to a global market the

is $6-9 Billion.


4. People want their privacy


-Phil Zimmermann told the committee about his experience with PGP users and

how badly people need and want to protect their privacy in electronic

environments


Committee Responses:


Overall, the committee was quite sympathetic to the witnesses.  Chairman

Gejdenson seemed very supportive of changing export controls.  Rep. Dana

Rohrbacher, no flaming liberal, said, "the cold war is over.  I sympathize

with everything that has been said here."  


                  -==--==--==-<>-==--==--==-


Administration Expands FOIA Rights


In an announcement made on Monday, October 4, 1993, President Bill Clinton

has called on all federal departments and agencies "to renew their

commitment to the Freedom of Information Act (FOIA), to its underlying

principles of government openness, and to its sound administration."


Attorney General Janet Reno specified some changes the Administration will

be making in its enforcement of FOIA.  First, the Department of Justice

will no longer allow agencies the excuse that there MIGHT be a legal basis

for withholding information.  Instead, agencies will be encouraged to

disclose unless there is a clear legal reason that prevents disclosure. 

"In short, it shall be the policy of the U.S. Department of Justice to

defend the assertion of a FOIA exemption only in those cases where the

agency reasonably foresees that disclosure would be harmful to an interest

protected by that exemption."


Attorney General Reno also announced that the Department of Justice would

be reviewing regulations implementing FOIA and forms used in the process. 

DoJ will also strive to reduce the current FOIA backlogs over the coming

year.


The Electronic Frontier Foundation (EFF) was especially pleased that

President Clinton refered to enhancing "public access through the use of

electronic information systems."  EFF believes that electronic access to

information is critical, and EFF has been working with Congress (through

support of Senator Patrick Leahy's (D-VT) Electronic FOIA amendments and

other legislation) and members of the Administration to ensure that

electronically stored information is as easily obtainable as printed

documents.  EFF Director of Legal Services Shari Steele commented, "We are

encouraged that the Clinton Administration has recognized the importance of

this method of information dissemination.  In this electronic era, it is

critical that information be made available in a format that is most useful

to citizens as they inquire about the activities of their government."


After over a decade of government whittling away at citizen access to

public information, EFF is pleased to see this shift in priorities.  "We

applaud the Clinton Administration for taking this first step toward

restoring our vital right to access information," Ms. Steele continued,

"and we are hopeful that the Administration will take further steps in this

direction, particularly when it comes to information that is stored

electronically."


A copy of the Administration's memorandum is available for anonymous ftp at

/pub/EFF/legislation/freedom-info-act-10.4.93 on ftp.eff.org.




                  -==--==--==-<>-==--==--==-


UK Cryptoprivacy Association Meeting


Date:  Sunday, 31 October 1993

Time:  1430


At the offices of:


   FOREST

   4th floor

   2 Grosvenor Gardens

   London   SW1W 0DH


[ FOREST is located at the corner of Grosvenor Gardens and Hobart

  Place, a couple of blocks west of Victoria Station. There is a 

  taxi shelter across the street from the office. Those who have 

  trouble finding this location can page Russell Whitaker on  

  081-812-2661, and stand by the payphone or cellphone for a callback. ]


The UK Cryptoprivacy Association has its roots in the U.S. cypherpunk 

advocacy of strong personal cryptography.  The next UKCA meeting, to be 

held at the offices of FOREST (see the above), will feature roundtable 

discussion on such issues as:


    - The recent well-publicised discovery of a larger number of U.S. 

        National Security Agency (NSA) electronic listening posts 

        than had been previously suspected;

    - Further news on the spread of freely-available public key 

        cryptography software in Eastern Europe, Russia, and the 

        Transcaucasian states;

    - The status of the various UK and Moscow PGP public key servers and 

        software archive sites, with input from a couple of maintainers 

        of these services in the UK;

    - The implications of the legal controversy surrounding the 

        development and distribution of PGP encryption software in the 

        U.S., with further discussion on the possibility of volunteer 

        contributions to Phil Zimmermann's legal defence fund;

    - Introduction to public key cryptography for novices


Attendees are encouraged to bring and exchange diskettes with their 

PGP public keys.  A few of us will bring along our MS-DOS laptops, to 

sign public keys on site.  In the interest of speeding things along, it is 

recommended that all keys signed at the meeting be submitted later, with 

their newly appended signatures, to the PGP Key Server at Demon 

Internet Services.  Send a message with the subject line "help" to 

pgp-public-keys@demon.co.uk, for more information.  PGP (Phil 

Zimmermann's "Pretty Good Privacy") public key encryption software can 

be obtained by ftp from, among other places, ftp.demon.co.uk in the 

directory /pub/pgp.  Versions include, but are not limited to, Unix, 

MS-DOS, Archimedes, and MacOS.  Full source code is available.


This meeting will also feature discussion on the upcoming First European 

Conference on Computers, Freedom and Privacy (ECFP '93) to be held on 

20 November 1993, which will feature speakers including John Gilmore, 

David Chaum, and Duncan Frissell, as well as a representative of the 

UK's Data Protection Registry.


Russell Earl Whitaker

ECFP Ventures Ltd

russell@eternity.demon.co.uk


               -==--==--==-<>-==--==--==-


EFFector Online is published biweekly by:


     Electronic Frontier Foundation

     1001 G Street, N.W., Suite 950 East

     Washington, DC 20001, USA

     Phone: +1 202 347 5400,  FAX: +1 202 393 5509

     Internet Address:  eff@eff.org or ask@eff.org


     Coordination, production and shipping by: 

     Stanton McCandlish, Online Activist <mech@eff.org>


Reproduction of this publication in electronic media is encouraged.  Signed

articles do not necessarily represent the view of the EFF.  To reproduce 

signed articles individually, please contact the authors for their express

permission.


*This newsletter is printed on 100% recycled electrons.*


               -==--==--==-<>-==--==--==-

 

MEMBERSHIP IN THE ELECTRONIC FRONTIER FOUNDATION


In order to continue the work already begun and to expand our efforts and

activities into other realms of the electronic frontier, we need the

financial support of individuals and organizations.


If you support our goals and our work, you can show that support by

becoming a member now. Members receive our bi-weekly electronic

newsletter, EFFector Online (if you have an electronic address treached

through the Net), and special releases and other notices on our

activities. But because we believe that support should be freely given, you

can receive these things even if you do not elect to become a member.


Your membership/donation is fully tax deductible.

Our memberships are $20.00 per year for students and $40.00 per year for

regular members.  You may, of course, donate more if you wish.


               -==--==--==-<>-==--==--==-


Mail to:

         Membership Coordinator

         Electronic Frontier Foundation

         1001 G Street, N.W.

         Suite 950 East

         Washington, DC  20001  USA


Membership rates:

            $20.00 (student or low income membership)

            $40.00 (regular membership)



[   ]  I wish to become a member of the EFF.  I enclose: $_______

[   ]  I wish to renew my membership in the EFF.  I enclose: $_______

[   ]  I enclose an additional donation of $_______


Name:


Organization:


Address:


City or Town:


State:            Zip:           Phone: (      )                  (optional)


FAX: (      )                   (optional)


E-mail address:


I enclose a check [  ].

Please charge my membership in the amount of $

to my Mastercard [  ]  Visa [  ]  American Express [  ]


Number:


Expiration date:


Signature: ______________________________________________


Date:


Optional:

I hereby grant permission to the EFF to share my name with

other nonprofit groups from time to time as it deems

appropriate.                       Initials:______________________






********************************************************************

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********************************************************************

EFFector Online Volume 6 No. 4       10/29/1993      editors@eff.org

A Publication of the Electronic Frontier Foundation   ISSN 1062-9424



In This Issue:


Markey Applauds Initiative to Put SEC Corporate Filings on Internet

Commerce Dept.'s Economic Bulleting Board on the Internet

First European Conference on Computers, Freedom and Privacy

Extenisve Govt. Fax/Email Gateways Provided in Canada



--==--==--==-<>-==--==--==--



Subject: Markey Applauds Initiative to Put SEC Corporate Filings on Internet


WASHINGTON -- Representative Edward J. Markey (D-MA), Chairman of

the House Telecommunications and Finance Subcommittee, today

applauded the National Science Foundation's decision to fund a

pilot project aimed at making corporate disclosure documents

available through the Internet computer network.  The project

will take corporate filings submitted to the SEC's Electronic

Data Gathering and Retrieval (EDGAR) system and make them

available electronically, where they can be accessed by the

public.


"This project will launch EDGAR right into cyberspace," said Rep.

Markey, who explained that, "Soon, the public will be able to

obtain low-cost electronic access to a mother lode of

information, including registration statements, and annual and

periodic reports from virtually every major U.S. corporation."


Rep. Markey said, "This pilot project may help to demonstrate new

and more efficient ways of making large government databases

available to the public over the information superhighway."


"It can potentially benefit investors seeking access to current

information about companies, economists and other researchers

interested in corporate trends and developments, journalists

covering the business beat, and other individuals or public

interest groups interested in understanding what is going on in

corporate America."


Since the early 1980's, the SEC has been developing the EDGAR

program to automate the filing, acceptance, dissemination, and

analysis of the more than 10 million pages of disclosure

information annually submitted by public companies.


In February, the SEC approved formal implementation of the EDGAR 

program, under which the first mandatory electronic filings began

earlier this week for about 500 large corporations and investment

companies.  Another 1,200 companies were required to use the

system starting in July, and over 3,0000 companies will be

required to file their disclosures using EDGAR by the end of this

year.  Eventually, all 15,000 SEC-registered companies will be

required to use the system.


As the EDGAR program has moved towards operational status, many

potential users of the filings -- such as investors, finance

professionals, journalists, researchers, and public interest

groups -- have expressed concerns about the potential high cost

of public access to EDGAR information under the SEC's current

dissemination strategy.  This strategy relies on a private

information vendor, who sells EDGAR at a regulated wholesale

price to other retial information vendors, who in turn resell the

data to the public.  Over the last several months, the

Subcommittee on Telecommunications and Finance, which has

jurisdiction over the SEC and is responsible for national

telecommunications policy, has been examining the adequacy of

this dissemination strategy.


In response to the Subcommittee's inquiries, in April, the SEC

announced two steps aimed at offering the public greater access

to corporate filings submitted through its Electronic Data

Gathering Analysis and Retrieval (EDGAR) system, including

providing CD-ROMs to Federal Depository Libraries and making

diskettes available through the SEC's public reading rooms.  At

the same time, the SEC expressed technical and cost concerns

regarding suggestions that it directly fund electronic access to

EDGAR data.


In July, the House of Representatives approved the SEC's

Authorization Bill (H.R. 2239), which earlier was reported by the

Subcommittee and the full Energy and Commerce Committee.  The

Committee report accompanying the bill expressed support for

initiatives aimed at making EDGAR data available over the

Internet, stating that:


     The Committee agrees that there exists a need for a

     broad-based government policy on information

     dissemination, and it also believes that it would be

     unacceptable if time- and cost-efficient access to

     Commission filings in electronic form were denied to

     significant groups of market participants and other

     interested parties because of a failure of the existing

     dissemination approach to meet their needs.


The Committee noted that the prospects for a significant retail

market for EDGAR data developing "are at present uncertain" and

that therefore, "a pilot project aimed at providing EDGAR data to

the university research community and other interested persons

over the Internet ... may prove to be a useful supplement to the

current dissemination strategy, which will continue to rely on

private vendors for distribution of EDGAR data."


Rep. Markey concluded, "I want to commend the National Science

Foundation for their leadership in taking the initiative to

provide the funding for this project.  Both the New York

University Stern School of Business and the Internet Multicasting

Service are performing an invaluable public service in agreeing

to investigate ways of making EDGAR data available over the

Internet, and I wish them success as they move forward with this

important project."


  ****


According to Carl Malamud of the Internet Multicasting Service, EDGAR

should be available for public access "sometime early in 1994."  To get a

copy of the press release, and info on how to get updates on the EDGAR

database's availability, send requests to  edgar-announce@town.hall.org.



--==--==--==-<>-==--==--==--


Subject: Commerce Dept.'s Economic Bulletin Board on the Internet


The Commerce Department's Economic Bulletin Board (EBB) will be accessible

through the Internet without charge between July 26, 1993 until September 30,

1993.  During this introductory period, the EBB will be available via telnet.

To access the EBB, telnet to EBB.STAT-USA.GOV and login as TRIAL; no password

is required.


The EBB is a one-stop source for current information from the Department of

Commerce, Department of Labor, Treasury Department, the Federal Reserve Board,

and many others federal agencies.  Over 2,000 files covering topics such as

gross domestic product, employment, foreign trade information, financial and

monetary indicators, and regional statistics, are available.


You can search for files among the following general topics:


 Summaries of Current Economic Conditions    U.S. Treasury Auction Results

 National Income and Product Accounts        Regional Economic Statistics

 Major Economic Indicators                   Energy Data

 Price and productivity Data                 Daily Trade Opportunities (TOPS)

 Foreign Trade Data                          International Market Insights

 Industry Sector Analysis                    Current Business Statistics

 Industry Statistics                         Fiscal and Monetary Policy Data

 U.S. Trade Representative Press Releases    Employment data

 Bureau of Export Administration Notices     Special Studies and Reports


For more information, please call (202) 482-1986 or send E-mail to

awilliams@esa.doc.gov



--==--==--==-<>-==--==--==--



Subject: First European Conference on Computers, Freedom and Privacy


ECPF-93


The New Cavendish Club

London, England


20th November 1993


Organised by ECFP Ventures Limited


Co-operating organisations :

  The Libertarian Alliance

  Privacy International, UK

  UK Cryptoprivacy Association



SCOPE

______________________________


The widespread use of computers and 

communication systems has brought considerable 

benefits to our business and personal lives and will 

continue to change and shape the way in which we 

live. However, with those benefits come unprecedented 

threats to our personal privacy and potential for abuse.


A variety of different models for protection of 

individual privacy in the electronic age have been 

suggested, ranging from state regulation to individual 

action through the use of strong cryptography. 

However, these solutions bring with them their own 

class of problems, including excessive state 

involvement in private matters and the frustration of 

law enforcement and national security objectives.


The First European Conference on Computers, 

Freedom and Privacy will both provide an introduction 

to these issues and the technological developments 

that drive them, and examine different ways in which 

individual rights can be guaranteed. These questions

are central to the preservation of a free society in the 

Information Age.


John M. Brimacombe

Conference Chair



KEYNOTE SPEAKER

______________________________


John Gilmore

Email: gnu@cygnus.com


OTHER SPEAKERS

______________________________


John Brimacombe (Chairman)

Email: john@mantis.co.uk


Simon Davies

Email: davies@privint.demon.co.uk


Tom Burroughes

Email: tom@reptile.demon.co.uk (after 10 October 1993)


David Chaum

Email: chaum@digicash.nl


Duncan Frissell

Email: frissell@panix.com


Elaine Fletcher


Chris Tame


Russell Whitaker

Email: whitaker@eternity.demon.co.uk


FEES

______________________________


   Student                         10.00  ($16.00 U.S.)

   Normal                          17.50  ($28.00 U.S.)

     Normal before 1 Nov 93:       15.00  ($24.00 U.S.)

   Press                           (Contact for arrangements)



You may pre-order copies of transcripts of the proceedings,

which will be shipped within 90 days after the conference:


Video and audio recordings will be made of the conference, in

its entirety.  No pre-sales will be made; tapes go on sale in

December 93/January 94.


For more detailed information, contact:


   16 Circus Road

   MM Box 8593

   London  NW8 6PG

   England


Please direct any further enquiries to the above address, or:

   ecfp-1st@eternity.demon.co.uk  (Email)

   +44 81-812-2661  (Manned message service; quick response)



Note: this is a shortened form of the conference announcement.  The full text,

giving information on the speakers, registration form, directions, schedule,

etc., is available as /pub/EFF/Temp/Confs/cfp1.uk, by anonymous ftp to

ftp.eff.org.



--==--==--==-<>-==--==--==--



Subject: Extensive Govt. Fax/Email Gateways Provided in Canada


Planet Communications & Computing Facility in association with

Digital Chicken is pleased to announce a new fax/email gateway

for City and Metropolitan Toronto Politicians, Greater Toronto

Members of Parliament, Hospitals, Ontario Government ministries,

churches, etc. etc.


As many of you know, we have a funny mailing address, and since

our node is still unregistered (registration Nov. 5th - we hope)

in order to take advantage of this gateway you must address your

email as follows.


        utgpu!plan9!chyk!<user_id@utcc.utoronto.ca


Please substitute the <user_id above with the correct USER I.D.

listed below for the organization or individual you want to

reach.


Please remember, this is mainly a fax gateway - so include your

fax telephone number or/and address so that the individuals /

organizations listed can reply to you.  I hope you enjoy the

service and find it beneficial.



Name/Individual/Organizations   User I.D.       Fax Number

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

June Rowlands, Mayor Toronto    rowlands        416-392-0026

Green Party of Canada           green           613-232-3081

Chief McCormack                 mccormac        416-324-6026

Metro Toronto Police

  General                       metcop          416-324-0695

  Public Complaints Bureau      metcopcb        416-324-0551

  Board of Commissioners        metcopbr        416-324-0693

Ontario Police Public

  Complaints Commissioner       copcomp         416-325-4704

Premier of Ontario              ontprem         416-325-3745

Minister of Health              onthlth         416-326-1571

Minister of Finance             ontfin          416-326-9096

Ombudsman of Ontario            ombud           416-586-3485

Chief Electoral Officer

  of Ontario                    elect           416-321-6853

York Regional Police            yorkcop         905-853-5810

Peel Regional Police            peelcop         905-453-7370

Ontario Provincial Police       opp             705-329-6195

Halton Regional Police          haltcop         416-825-9416

Minister of Agriculture & Food  ontagri         416-326-3083

Ontario Film Review Board       ontfilm         416-314-3632

Minister of Transportation      onttrans        416-327-9185

Town of Ajax                    ajax            905-686-8352

Town of Oakville                oakville        905-815-2025

City of Mississauga             mississ         905-896-5575

City of Toronto                 toronto         416-392-1446

City of Etobicoke               etobicok        416-394-8895

Borough of East York            eastyork        416-778-9134

City of North York              noryork         416-395-7337

City of York                    york            416-394-2803

City of Brampton                brampton        905-874-1119

Minister of Economic Trade

  & Development                 ontecdev        416-325-6918

Minister of Labour              ontlabor        416-326-1449

Solicitor General and Minister

  of Correctional Service       ontsolg         416-326-5085

Attorney General                ontatg          416-326-4016

Minister of Natural Resources   ontnatur        416-314-2159

Minister of Citizenship         ontcitiz        416-314-0022

Minister of Consumer and

  Corporate Relations           ontcons         416-326-5820

Minister of Community and

  Social Services               ontsoc          416-325-5221

Minister of Education           ontedu          416-325-2608

Minister of Environment         ontenvir        416-323-4682

Minister of Housing             onthouse        416-585-6935

Ontario Human Rights

  Commission                    onthumrt        416-314-4533

Canadian Human Rights

  Commission                    canhumrt        416-973-6184

MPP Don Mills                   donmills        416-696-0181

MPP Oakville-South              oaksouth        905-842-0332

MPP Fort York                   fortyork        416-363-0835

MPP Lake Nipigon                nipigon         416-327-0968

MPP Dovercourt                  overcou         416-653-1054

MPP Etobicoke-West              etobwest        416-695-1222

MPP Mississauga-South           misssth         416-278-1525

MPP Oriole                      oriole          416-494-2440

MPP Downsview                   dwnsview        416-740-2474

MPP Eglinton                    eglinton        416-482-2776

MPP Etobicoke-Lakeshore         etoblake        416-259-3704

MPP Beaches-Woodbine            beachwd         416-421-3741

MPP Oakwood                     oakwood         416-781-4116

MPP Etobicoke-Humber            etohumb         416-233-4321

MPP High Park-Swansea           highpark        416-762-4499

MPP Lawrence                    lawrence        416-785-4524

MPP Mississauga-North           missnor         416-826-4553

MPP Mississauga-West            misswest        416-566-5264

MPP Etobicoke-Rexdale           etobrex         416-745-5670

MPP Mississauga-East            misseast        416-276-6933

MPP Brampton-North              bramnor         416-840-7845

MPP Durham-West                 durwest         416-683-8643

Ministry of Northern

  Development & Mines           northern        416-327-0665

Ministry of Culture, Recreation

  and Tourism                   tourism         416-325-6195

Information and Privacy

  Commissioner/Ontario          ipcont          416-325-9195

Roman Catholic Archdiocese of

  Toronto                       romantor        416-977-6063

Anglican Church of Canada       anglican        416-968-7983

United Church of Canada         united          416-925-3394

Bahai' Faith Toronto            bahaitor        416-889-8184

Letters to the editor

  Toronto Star                  torstar         416-869-4322

  Globe and Mail                globe           416-585-5085

  Toronto Sun                   torsun          416-947-3228

  Now Magazine                  now             416-461-2886

  Xtra!                         xtra            416-925-6674

  Eye Weekly                    eye             416-971-7786

City Councillors

City of Toronto - Councillors   council         416-392-1050

Chairman, Metro Toronto

  Council                       chairman        416-392-3799

The Hospital for Sick Children  sickkids        416-813-7161

The Toronto Hospital            torhosp         416-340-5888

Addiction Research Foundation   addict          416-595-5017

Donwood Institute               donwood         416-425-7896

Casey House (AIDS hospice)      casey           416-962-5147

Humber Memorial Hospital        humber          416-249-1312

Oakville Trafalgar Memorial

  Hospital                      trafalg         416-338-4636

Orthopaedic/Arthritic Hospital  ortharth        416-967-8593

Sunnybrook Health Science

  Centre                        sunny           416-480-4588

Doctor's Hospital               doctors         416-923-1370

Central Hospital                central         416-969-4183

Wellesley Hospital              wellesly        416-926-4874

North York Gen.Hospital         nyghosp         416-756-6384

Etobicoke Gen.Hospital          eghosp          416-747-8608

York-Finch Gen.Hospital         yfghosp         416-747-3883

Bloorview Children's Hospital   blrview         416-494-9985

Hugh McMillan Rehabilitation

  Centre                        hughrhb         416-425-6591

St. Michael's Hospital          stmike          416-864-5669

St. Joseph's Health

  Centre (Toronto)              stjoetor        416-530-6346

Queensway Gen.Hospital          queens          416-253-0111

North York Branson Hospital     branson         416-635-2537

Toronto East General &

  Orthopaedic Hospital, Inc.    tegh            416-469-6106

Scarborough Centenary Health

  Centre                        scarcent        416-281-7323

Scarborough Grace General

  Hospital                      scargrac        416-495-2631

Scarborough General Hospital    scargen         416-438-9318

Grace Hospital, Toronto         gracetor        416-925-3211

Northwestern General Hospital   nwestgen        416-658-2192

Mount Sinai Hospital            mtsinai         416-586-8787

Princess Margaret Hospital      prmarg          416-926-6547

Women's College Hospital        womens          416-323-7314

Lyndhurst Hospital              lyndhrst        416-422-5216

Peel Memorial Hospital          peelmem         416-451-8439

Ajax-Pickering General

  Hospital                      ajaxpick        416-683-1262

Mississauga General Hospital    missgen         416-848-7139

Credit Valley Hospital          credit          416-820-0020

Queen Street Mental Health

  Centre                        queenst         416-583-4307

Clarke Institute of Psychiatry  clarke          416-979-5679

Markham-Stouffville Hospital    mrkstouf        416-472-7086

Shouldice Hernia Surgery        shouldic        416-889-4216

Toronto Transit Commission      ttc             416-485-9394

Prime Minister of Canada        primemin        613-941-6900

Toronto Public Library          torlib          416-393-7782

Etobicoke Public Library        etoblib         416-394-5050

Scarborough Public Library      scarlib         416-396-8808

Brampton Public Library         bramlib         905-799-0806

Mississauga Public Library      misslib         905-615-3615

City of York Public Library     yorklib         416-394-2781

East York Public Library        eylib           416-396-3812

North York Public Library       nylib           416-395-5542

Metro Toronto Reference

  Library                       referenc        416-393-7229

East York Board of Education    eyedu           416-465-2237

Etobicoke Board of Education    etobedu         416-394-3803

Metro Toronto Roman Catholic

  Separate School Board         rcssbedu        416-229-5345

North York Board of Education   nyedu           416-395-8210

Peel Board of Education         peeledu         905-890-6698

Scarborough Board of Education  scarbedu        416-396-4856

Toronto Board of Education      toredu          416-393-9969

York Board of Education         yorkedu         416-727-3984

CityTV                          citytv          416-593-6397

CFMT TV                         cfmttv          416-265-0509

CFTO TV                         cftotv          416-299-2273

Canadian Broadcasting

  Corporation (CBC)             cbc             416-963-9036

Global Television Network       global          416-446-5371

CTV Television Network          ctv             416-928-0907

Beaches-Metro News              beachmet        416-698-1253

Ontario Legal Aid Plan          olap            416-979-8669

Ontario Legal Aid Plan

  Scarborough Area              olapscar        416-750-7184

Fire Departments

  City of Toronto               torfire         416-392-0161

  City of Scarborough           scarfire        416-396-7765

  City of North York            nyfire          416-395-7286

  City of Etobicoke             etobfire        416-394-8589

  City of York                  yorkfire        416-394-2764

  Borough of East York          eyfire          416-396-3757

  Town of Ajax                  ajaxfire        905-683-8119

  City of Brampton              bramfire        905-874-2727

  City of Mississauga           missfire        905-615-3756

Ambulance Services

  Metro Toronto                 ambulanc        416-392-2008

Art Gallery of Ontario          artont          416-979-6646

New Democratic Party of Canada  ndpcan          613-996-9584

Canadian Federal Immigration

  and Refugee Board             immrefbr        416-954-1165

Government of Canada

  Minister of Health & Welfare  health          613-952-7746

  Minister of the Environment   environ         819-953-3457

  Minister of Transportation    transpor        613-995-0327

  Minister of Fisheries/Oceans  fisherie        613-990-7292

  Minister of Labour            labour          819-953-3419

  Minister of Supply & Service  supply          819-953-1908

  Minister of National Revenue  revenue         613-952-6608

  Minister of Agriculture       agricult        613-996-9219

  Minister of Consumer and

   Corporate Affairs            consumer        819-953-4930

Toronto Blue Jays               bluejays        416-341-1250

Toronto Maple Leafs             leafs           416-977-5364


EFFector Online is published biweekly by:


     Electronic Frontier Foundation

     1001 G Street, N.W., Suite 950 East

     Washington, DC 20001, USA

     Phone: +1 202 347 5400,  FAX: +1 202 393 5509

     Internet Address:  eff@eff.org or ask@eff.org


     Coordination, production and shipping by:

     Stanton McCandlish, Online Activist <mech@eff.org>


Reproduction of this publication in electronic media is encouraged.  Signed

articles do not necessarily represent the view of the EFF.  To reproduce

signed articles individually, please contact the authors for their express

permission.


*This newsletter is printed on 100% recycled electrons.*


--==--==--==-<>-==--==--==--


MEMBERSHIP IN THE ELECTRONIC FRONTIER FOUNDATION


In order to continue the work already begun and to expand our efforts and

activities into other realms of the electronic frontier, we need the

financial support of individuals and organizations.


If you support our goals and our work, you can show that support by

becoming a member now. Members receive our bi-weekly electronic

newsletter, EFFector Online (if you have an electronic address reached

through the Net), and special releases and other notices on our

activities. But because we believe that support should be freely given, you

can receive these things even if you do not elect to become a member.


Your membership/donation is fully tax deductible.

Our memberships are $20.00 per year for students and $40.00 per year for

regular members.  You may, of course, donate more if you wish.


--==--==--==-<>-==--==--==--


Mail to:

         Membership Coordinator

         Electronic Frontier Foundation

         1001 G Street, N.W.

         Suite 950 East

         Washington, DC  20001  USA


Membership rates:

            $20.00 (student or low income membership)

            $40.00 (regular membership)



[   ]  I wish to become a member of the EFF.  I enclose: $_______

[   ]  I wish to renew my membership in the EFF.  I enclose: $_______

[   ]  I enclose an additional donation of $_______


Name:


Organization:


Address:


City or Town:


State:            Zip:           Phone: (      )                  (optional)


FAX: (      )                   (optional)


E-mail address:


I enclose a check [  ].

Please charge my membership in the amount of $

to my Mastercard [  ]  Visa [  ]  American Express [  ]


Number:


Expiration date:


Signature: ______________________________________________


Date:


Optional:

I hereby grant permission to the EFF to share my name with

other nonprofit groups from time to time as it deems

appropriate.                       Initials:______________________


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      \\\\\___________/\      |||||              / ////   
       \\\\\\\\\\\\\\\\ \     |||||             / ////  
        \\\\\\\\\\\\\\\\/     |||||             \////

=========================================================================
EFFector Online Volume 6 No. 5         11/15/1993         editors@eff.org
A Publication of the Electronic Frontier Foundation        ISSN 1062-9424


In This Issue:

New EFF Open Platform Statement Available Online
EFF Welcomes Mary Beth Arnett, Staff Counsel
Please Help Us Get EFF's BBS Up and Running!
Statistics Needed for Analysis of Lost Crypto Sales
Retrieving the National Information Infrastructure Documents
NSF Digital Library Open Meeting - Dec. 6


--==--==--==-<>-==--==--==--


Subject: New EFF Open Platform Statement Available Online

The recent spate of telecommunications mergers -- Bell Atlantic/TCI, US
West/Time-Warner, AT&T/McCaw, plus numerous others in the works -- raise
the stakes for information policy makers and those of us who are concerned
about the development of an open, accessible information infrastructure.  

EFF has just released a major new statement on our Open Platform Campaign,
which explains EFF's approach to infrastructure policy.  Our big concern is
to encourage Congress and the Administration to do the right thing and set 
out a new, positive communications policy that is ready for the information
age.  We believe that this policy must achieve the following goals:

*       Diversity of Information Sources:  Promote a fully interactive
        infrastructure in which the First Amendment flourishes,
        allowing the greatest possible diversity of view points;

*       Universal Service:  Ensure a minimum level of affordable
        information and communication service for all Americans;

*       Free Speech and Common Carriage:  Guarantee infrastructure
        access regardless of the content of the message that the
        user is sending;

*       Privacy:  Protect the security and privacy of all
        communications carried over the infrastructure, and
        safeguard the Fourth and Fifth Amendment rights of all
        who use the information infrastructure;

*       Development of Public Interest Applications and Services:
        Ensure that public interest applications and services
        which are not produced by the commercial market are
        widely available and affordable.

Our policy proposal, available by anonymous ftp on ftp.eff.org in
/pub/Eff/papers/op2.0, contains a discussion of these principles and
concrete legislative recommendations on how to accomplish many of these
goals.  Here are a few selected paragraphs from the main paper to give a
flavor of our positions, but we hope you'll read the whole thing.

Regulatory changes should be made, and mergers approved or barred
based on specific, enforceable commitments that the electronic
superhighways will meet public goals and realize the potential of digital
technology.  That potential arises from the extraordinary spaciousness of
the broadband information highway, contrasted with the scarcity of
broadcast spectrum and the limited number of cable channels that defined
the mass media era.  Properly constructed and administered, the information
highway has enough capacity to permit passage not only for a band of
channels controlled by the network operator, but also for a common carriage
connection that is open to all who wish to speak, publish, and communicate
on the digital information highway.  For the first time, electronic media
can have the diversity of information we associate only with the print
media.

But we can't rely on the promises of industry or the wonders of the
competitive marketplace alone to create this infrastructure.  We need
legislative benchmarks to ensure that all citizens have access to advanced
information infrastructure.  We will achieve this goal not by having
government build the whole thing, but by finding a new communications
policy framework that works for the market and brings benefits to
consumers.

We've expanded the concept of "Open Platform Services" from just narrowband
ISDN, to include any switched, digital service, offered on a common
carriage basis, by any provider.

To achieve the full potential of new digital media, we need to make
available what we call Open Platform services, which reach all American
homes, businesses, schools, libraries, and government institutions.  Open
Platform service will enable children at home to tie into their school
library (or libraries all around the world) to do their homework.  It will
make it possible for a parent who makes a video of the local elementary
school soccer game to share it with parents and students throughout the
community.  Open Platform will make it as easy to be an information
provider as it is to be an information consumer.

Open Platform services provide basic information access connections, just
as today's telephone line enables you to connect to an information service
or the coaxial cable running into your home connects you to cable
television programming.   This is not a replacement for current online
services such as America Online or Compuserve, but rather is the basic
transport capacity that one needs to access the multimedia version of these
information services.

Specifically, Open Platform service must meet the following criteria:

*       widely available, switched digital connections;
*       affordable prices;
*       open access to all without discrimination as the content
        of the message;
*       sufficient "up-stream" capacity to enable users to
        originate, as well as receive, good quality video,
        multimedia services.

Open Platform service itself will be provided by a variety of providers
over interconnected networks, using a variety of wires, fiber optics, coax
cable, and wireless transmission services.  But however it is provided, if
it is affordable and widely available, it will be the on-ramp for the
nation's growing information superhighway.

Rather than a narrow focus on stopping or delaying the proposed mergers,
policy makers should use the leverage of the moment to create a new
Communications Act that serves the public interest.

The Administration and Congress can create and prompt the deployment of
open platforms by using the political leverage at its disposal.  Bell
Atlantic, TCI, Time Warner, US West and others involved in recent mergers
are all promising to build open platforms.  Telecommunications giants are
asking policymakers for permission to enter new markets or to form new,
merged entities.  Rather than per se opposition to current mergers, or mere
reliance on competition to build the data highways, make the mergers and
other accommodations conditional on providing affordable open platform
services.  The terms of this new social contract should be written into a
new Communications Act, revised for the information age.  With a real
"social contract" in hand, we just might realize the Jeffersonian potential
of the data superhighways.

Together with a coalition of public interest groups and private industry,
the Electronic Frontier Foundation is working to establish Open
Platform objectives in concrete legislation.  Open Platform provisions,
which would cause near term deployment of Open Platform services, are
present in both the recent Senate infrastructure bill and the latest draft
of House telecommunications legislation, soon to be introduced.  We are
also working with the Administration to have Open Platform policies
included in the recommendations of the Information Infrastructure Task
Force.  In addition to federal policy, critical decisions about the shape
of the information infrastructure will be made at state and local levels. 
Since 1991, EFF has been working with a number state legislatures and
public utility commissions to have affordable, digital services offered at
a local level.  As cable and telephone infrastructures converge, we will
also work with local cable television franchising authorities.  We invite
all who are concerned about these issues to join with us in these public
policy efforts.


We hope that everyone will have a look at our new proposal, and join in to
help us.  


FOR MORE INFORMATION ABOUT THE OPEN PLATFORM CAMPAIGN CONTACT:
Daniel J. Weitzner, Senior Staff Counsel, <djw@eff.org>

EFF DOCUMENTS ON THE SUBJECT (in ftp.eff.org):

Open Platform Campaign: Public Policy for the Information Age
/pub/eff/papers/op2.0 <O.P. mission and proposal>
/pub/eff/papers/op2.0.ps.z <gzip'd postscript version>
/pub/eff/papers/op2.0.readme -> .../announce.op2 <the file you are reading now>

Senate Telecommunications Infrastructure Act of 1993 (S. 1086)
/pub/eff/legislation/infra-act-s1086
/pub/eff/legislation/infra-act-s1086-summary

EFF Testimony on Senate Infrastructure Bill
/pub/eff/legislation/kapor-on-s1086

This material is also available via WAIS and gopher from wais.eff.org and
gopher.eff.org, respectively.  If you do not have access to any of these
net tools, feel free contact us for assistance.


--==--==--==-<>-==--==--==--


Subject: EFF Welcomes Mary Beth Arnett, Staff Counsel

Mary Beth Arnett has joined EFF as Staff Counsel for the Public Policy
team.  Mary Beth has published an extensive analysis of two federal
information disclosure programs involving community and workplace
right-to-know laws.  She served for four years as an attorney at a law and
policy research institute and for six years as a public member of a state
licensing and regulatory board.  Mary Beth's objective in electronic
information analysis is to devise policies consistent with the Jeffersonian
ideal of empowering citizens through information provision.


--==--==--==-<>-==--==--==--


Subject: Please Help Us Get EFF's BBS Up and Running!

The Electronic Frontier Foundation is working to start an EFF bulletin
board system to reach the "other half of cyberspace" -- BBSs, including the
tens of thousands of participants in BBS networks such as FidoNet.  EFF
considers these hobbyist grassroots pioneers as important to the future of
communications as experienced net.surfers, and both cultures of the
online world have much to gain or lose by the issues at stake.  

The EFF BBS will provide a full mirror of our FTP/gopher/WAIS archives, as
well as networked messaging, including FidoNet's and UseNet's relevant
conferences, such as BBSLAW, SYSLAW, comp.org.eff.talk, alt.security.pgp,
alt.politics.datahighway, and more.  The board will serve as a place for
those with modems but no Internet access to get the information they need
to avoid pitfalls and to support campaigns to preserve our rights online.

However, money does not grow on trees, and EFF is asking for contributions
of hardware donations so that the project can get rolling.  Our wish list:

Basic system components - 486DX2-66 motherboard, 512k cache, preferably
       EISA-VESA; tower case w/300+ watt PS; both floppies; AT keyboard
800+ MB SCSI-2 hard drive
SCSI-2 HD controller card with at least 1MB cache, especially EISA or VESA
8-16 MB RAM in 4MB 60NS SIMMs
SVGA card, 1024x768, 1MB+
SVGA monitor .28mm, 1024x768, 14"+, colour
Fast ethernet card, especially EISA or VESA
SCSI or parallel tape backup
4 fast modems (19.2 USR DS, 28.8 Hayes V.fast, 19.2 ZyXEL, and one other, 
  undecided yet, probably Telebit V.terbo)

For non-critical components (i.e., anything but MB/CPU, HD and modems),
we'll certainly consider used equipment.

BBS software has already been donated, though various other software is
still needed (utils, editors, Fido mailer, etc.)

All donors will receive a note of thanks in EFFector and on the BBS in a
permanent bulletin.  Note that donations are tax deductible.


--==--==--==-<>-==--==--==--


Subject: Statistics Needed for Analysis of Lost Crypto Sales

The Software Publishers Association (SPA) has been working to bring
about the liberalization of export controls on mass market software
with encryption capabilities.  SPA's much-publicized study of the
foreign availability of cryptographic products has clearly
demonstrated the widespread and easy availability of encryption
that is stronger than what U. S. firms have been able to export.
However, NSA claims that software companies have not demonstrated
sufficiently the economic harm they have suffered from export
controls.  Congress has told us that without better economic harm
statistics, our chances of liberalizing the export laws are slim.
Therefore, WE NEED YOUR HELP.

If you or your firm has lost business because you have not been
able to export your encryption product, please let us know.  Be as
specific as possible.  It is the cumulative effect of this
information that will be most compelling.

Please pass this on to those in your firm who might know about
these matters or might also be able to respond.

Please send replies to i.rosenthal@applelink.apple.com or to

Ilene Rosenthal, General Counsel
Software Publishers Association
1730 M St. NW, Suite 700
Washington DC 20036
(202) 452-1600 ext. 318

or to

Douglas Miller
(same address)
(202) 452-1600 ext. 342

When sending this information to SPA, please also send a copy to the
Electronic Frontier Foundation, as both SPA and EFF are working on this
issue, and both organizations aim to reduce the ITAR restrictions on
cryptographic technology.  You can send your information to eff@eff.org.


--==--==--==-<>-==--==--==--


Subject: Retrieving the National Information Infrastructure Documents

WHAT IS AVAILABLE -- AND HOW?

Information on the National Information Infrastructure is available both 
electronically, in print and in CD-ROM.  Please note that some information 
varies at each site and can include daily updates from the White House, 
press releases and briefings, background information, and reports.  

As additional documents and retrieval sources become available, we
will update this factsheet.


TABLE OF CONTENTS
          I. Retrieving an electronic version -- at no charge
                A. Retrieval via electronic bulletin board
                B. Retrieval via electronic mail 
                C. Retrieval via gopher and telnet
                D. Retrieval via anonymous-ftp


I. RETRIEVING AN ELECTRONIC VERSION -- NO CHARGE


A - VIA ELECTRONIC BULLETIN BOARDS 


1)  Bulletin Board at Fedworld (National Technical Info. Service)

        Set software parameters for:    N-8-1
        Dial:           (9600 baud)     703-321-8020    


B -  VIA ELECTRONIC MAIL

1) send a message to:                       almanac@ace.esusda.gov      

Depending on the information you are looking for, using the commands  
below, you will receive the information you request. 


        TO RETRIEVE:                            TYPE:

        Agenda for Action                       send niiagenda

        Technology for Economic
          Growth Catalog                        send nii-tech catalog


C -  VIA GOPHER AND/OR TELNET

1) gopher ace.esusda.gov                (Extension Service, USDA)

        To get to this gopher, type:
                gopher ace.esusda.gov

        From the Main Menu, choose: 

        5. Americans Communicating Electronically/... 
            3.  National Information Infrastructure documents
        

2) gopher sunsite.unc.edu       (University of North Carolina)

        To get to this gopher, type:
                gopher sunsite.unc.edu

        Sunsite Archives
          12. National Information Infrastructure Information/ 
               4.  Technology Initiative Summary/


3) telnet  gopher.nist.gov
                 Telnet to:   gopher.nist.gov
                 login as "gopher".  Choose the menu item "DOC
                 Documents". Choose "niiagenda.asc".
 
D -  VIA ANONYMOUS-FTP

1.       Internet   The package is available in ASCII format through
         anonymous FTP and Gopher.  The name of the file is
         "niiagenda.asc".  Access information and directories are
         described below.

         FTP:
                 Address:  ftp.ntia.doc.gov
                 Login as "anonymous".  Use your email address or guest
                 as the password.  Change directory to "pub".

                 Address:  enh.nist.gov
                 Login as "anonymous" using "guest" as the password.

                 Address:  isdres.er.usgs.gov
                 Login as "anonymous". Use your email address or "guest"
                 as the password. Change directory to npr.

                 The package also may be present in a self extracting
                 compressed file named "niiagend.exe".  Remember to
                 issue the binary command before "getting" the
                 compressed file.

E -- BULLETIN BOARD ACCESS

         Bulletin Boards  The package is available for downloading on
         the following bulletin boards:

         Name:            NTIA Bulletin Board
         Phone:           (202) 482-1199
         Communications parameters should be set to either 2400 or
         9600 baud, no parity, 8 data bits and 1 stop bit.  The
         package is available under the "press releases" menu item as
         "niiagend.asc" (ascii) and "niiagend.exe" (compressed-self
         extracting).

         Name:            Department of Commerce Economic Bulletin Board
         Phone:           202-482-1986 (voice instructions for subscription
                          information)
         This is a "fee for service" bulletin board.  Subscribers may
         download the "niiagenda" document for normal on-line
         charges.  Non-subscribers may subscribe for $35 and download
         the report for no additional charge.  Free telnet access and
         download services are available through the Internet by
         using the address: ebb.stat-usa.gov.  Use trial as your user
         id.

         Name:            FedWorld On-line Information Network
         Phone:           (703) 321-8020
         Communications parameters should be set to either 2400 or
         9600 baud, no parity, 8 data bits and 1 stop bit.  To access
         "niiagend.asc" from the FedWorld menu, enter "<f s w-
         house".  Telnet access is available through the Internet
         using the address: fedworld.doc.gov.  Further information
         about FedWorld can be obtained by calling (voice) 703-487-
         4648.


What Else is Available?

We currently have information on the National Initatives
available for access in various ways. To find out more on what
is available, Send a message to the following addresses.

NAFTA                                   nafta@ace.esusda.gov
Health Security Act                     health@ace.esusda.gov
National Performance Review             npr@ace.esusda.gov
National Information Infrastructure     nii@ace.esusda.gov

Each one of these has information on how to access the documents
for your areas of interest.

The most up-to-date version of this document can be obtained by sending
mail to: 

                 nii@ace.esusda.gov.

Do not place any text in the body of the message.


--==--==--==-<>-==--==--==--


Subject: NSF Digital Library Open Meeting - Dec. 6

The National Science Foundation (NSF) will hold a Briefing Meeting
concerning the NSF/ARPA/NASA "Research on Digital Libraries" Initiative
(Announcement NSF-93-141). This meeting will take place on December 6,
10:00 am to 12:00 noon, at the Auditorium of the National Academy of
Sciences, 2100 C Street N.W., Washington, DC.  This meeting will be open to
all parties interested in responding to this Initiative. For further
information, please contact Gwendolyn Barber. By telephone: (202) 357-9572.
By email: gbarber@nsf.gov.  NSF-93-141 is available via US Mail or email,
believe it or not, but due to a move to a new office, there may be a delay in
getting it to you.


--==--==--==-<>-==--==--==--


EFFector Online is published biweekly by:

     Electronic Frontier Foundation
     1001 G Street, N.W., Suite 950 East
     Washington, DC 20001, USA
     Phone: +1 202 347 5400,  FAX: +1 202 393 5509
     Internet Address:  eff@eff.org or ask@eff.org

     Coordination, production and shipping by:
     Stanton McCandlish, Online Activist <mech@eff.org>

Reproduction of this publication in electronic media is encouraged.  Signed
articles do not necessarily represent the view of the EFF.  To reproduce
signed articles individually, please contact the authors for their express
permission.

*This newsletter is printed on 100% recycled electrons.*

--==--==--==-<>-==--==--==--

MEMBERSHIP IN THE ELECTRONIC FRONTIER FOUNDATION

In order to continue the work already begun and to expand our efforts and
activities into other realms of the electronic frontier, we need the
financial support of individuals and organizations.

If you support our goals and our work, you can show that support by
becoming a member now. Members receive our bi-weekly electronic
newsletter, EFFector Online (if you have an electronic address reached
through the Net), and special releases and other notices on our
activities. But because we believe that support should be freely given, you
can receive these things even if you do not elect to become a member.

Your membership/donation is fully tax deductible.
Our memberships are $20.00 per year for students and $40.00 per year for
regular members.  You may, of course, donate more if you wish.

--==--==--==-<>-==--==--==--

Mail to:
         Membership Coordinator
         Electronic Frontier Foundation
         1001 G Street, N.W.
         Suite 950 East
         Washington, DC  20001  USA

Membership rates:
            $20.00 (student or low income membership)
            $40.00 (regular membership)


[   ]  I wish to become a member of the EFF.  I enclose: $_______
[   ]  I wish to renew my membership in the EFF.  I enclose: $_______
[   ]  I enclose an additional donation of $_______

Name:

Organization:

Address:

City or Town:

State:            Zip:           Phone: (      )                  (optional)

FAX: (      )                   (optional)

E-mail address:

I enclose a check [  ].
Please charge my membership in the amount of $
to my Mastercard [  ]  Visa [  ]  American Express [  ]

Number:

Expiration date:

Signature: ______________________________________________

Date:

Optional:
I hereby grant permission to the EFF to share my name with
other nonprofit groups from time to time as it deems
appropriate.                       Initials:______________________


=========================================================================
  ________________             _______________          _______________
 /_______________/\           /_______________\        /\______________\
 \\\\\\\\\\\\\\\\\ \          |||||||||||||||||       / ////////////////  
  \\\\\\\\\\\\\\\\\/          |||||||||||||||||      / ////////////////
   \\\\\\_______/\            ||||||_______\        / //////_____\  
    \\\\\\\\\\\\\ \           ||||||||||||||       / /////////////
     \\\\\\\\\\\\\/____       ||||||||||||||      / ///////////// 
      \\\\\___________/\      |||||              / ////   
       \\\\\\\\\\\\\\\\ \     |||||             / ////  
        \\\\\\\\\\\\\\\\/     |||||             \////

=========================================================================
EFFector Online Volume 6 No. 6         12/06/1993         editors@eff.org
A Publication of the Electronic Frontier Foundation        ISSN 1062-9424


In This Issue:

 A Superhighway Through the Wasteland?
 Patent Office Seeks Advice on "Information Super-Highway"
 Please Help Us Get EFF's BBS Up and Running!
 General Accounting Office Report on Communications Privacy
 Industry Leaders Join in Demo of Pioneering Telecom Technology


--==--==--==-<>-==--==--==--


Subject: A Superhighway Through the Wasteland?

New York Times Op-Ed by Mitchell Kapor and Jerry Berman
   
Mitchell Kapor is chairman of the Electronic Frontier Foundation, a
nonprofit group that promotes civil liberties in digital media. He was a
founder of the Lotus Development Corporation, from which he resigned in
1986. Jerry Berman is executive director of the foundation.


(Washington) Telecommunications and cable TV executives, seeking to
allay concerns over their proposed megamergers, insist that the coming
electronic superhighway will be an educational and informational tool as
well as a cornucopia of interactive entertainment. Allow the marriage
between entertainment and communications giants, we are told, and they will
connect students with learning resources, provide a forum for political
discourse, increase economic competitiveness and speed us into the
multimedia information age.

Both broadcast and cable TV were introduced with similar fanfare. The
results have been disappointing. Because of regulatory failure and the
limits of the technology, they failed to be saviors of education or
political life. We love the tube but recognize that it is largely a
cultural wasteland.

For the Government to break this cycle of promise and disappointment,
communications mergers should be approved or barred based on detailed,
enforceable commitments that the electronic superhighway will meet public
goals. The amount of electronic material the superhighway can carry is
dizzying compared to the relatively narrow range of broadcast TV and the
limited number of cable channels. Properly constructed and regulated, it
could be open to all who wish to speak, publish and communicate.

None of the interactive services will be possible, however, if we have
an eight-lane data superhighway rushing into every home and only a narrow
footpath coming back out. Instead of settling for a multimedia version of
the same entertainment that is increasingly dissatisfying on today's TV, we
need a superhighway that encourages the production and distribution of a
broader, more diverse range of programming.

The superhighway should be required to provide so-called open platform
services. In today's channel-based cable TV system, program producers must
negotiate for channel space with cable companies around the country. In an
open platform network, we would avoid that bottleneck. Every person would
have access to the entire superhighway, so programmers could distribute
information directly to consumers.

Consumers would become producers: individuals and small organizations
could create and distribute programs to anyone on the highway who wants
them. Open platform services will spur diversity in the electronic media,
just as low production and distribution costs make possible a wide variety
of newspapers and magazines.

To prevent abuses by media giants that because of recent Federal court
decisions will control the pipeline into the home and much of the content
delivered over it, we need new laws. Like today's phone companies, the
companies controlling the superhighway must be required to carry other
programmers' content, just as phone companies must provide service to
anyone who is willing to pay for it. We must guarantee that anyone who,
say, wants to start an alternative news network or a forum for political
discussion is given an outlet to do so.

Americans will come to depend on the superhighway even more than they
need the telephone. The guarantee of universal telephone service must be
expanded to include universal access to the superhighway. Although market
forces will help keep the new technology affordable, we need laws to
protect consumers when competition fails.

And because several companies will operate the highway, each must be
required to interconnect with the others. Likewise, the new computers that
will give us access to the superhighway should be built according to
commonly accepted standards.

Also, even an open, competitive market will leave out organizations with
limited resources such as schools and libraries. To compensate for market
oversights, we must insure that money -- whether through Federal support or
a tax on the companies that will control the superhighway -- is made
available to these institutions. Finally, people won't use the new
technology unless they feel that their privacy is protected. Technical
means, such as recently developed encryption techniques, must be made
available to all users. And clear legal guidelines for individual control
over access to and reuse of personal information must be established.
Companies that sell entertainment services will have a record of what their
customers' interests are; these records must remain confidential.

Bell Atlantic, T.C.I., Time-Warner, U.S. West and other companies
involved in proposed mergers have promised to allow the public full access
to the superhighway. But they are asking policy makers to trust that,
profits aside, they will use their new positions for the public good.

Rather than opposing mergers or blindly trusting competition to shape
the data highways, Congress should make the mergers hinge on detailed
commitments to provide affordable services to all Americans. Some
legislators, led by Representative Ed Markey, Democrat of Massachusetts,
are working to enact similar requirements; these efforts deserve support.

The best approach would be to amend these requirements to the
Communications Act of 1934. Still the central law on open access, an
updated Communications Act would codify the terms of a new social contract
between the the telecommunications industry and the American people.

[From the New York Times Op-Ed Page, Wednesday, November 24, 1993.
Copyright 1993 The New York Times Company.]


--==--==--==-<>-==--==--==--


Subject: Patent Office Seeks Advice on "Information Super-Highway"

The Patent Office is soliciting suggestions and comments on intellectual
property aspects of the National Information Infrastructure. (They had a
public meeting on the 18th at the Patent Office).  Some of the questions
they seek comments on are:

Is the existing copyright law adequate to protect the rights of those who
will make their available via the NII? What statutory or regulatory changes,
if any, should be made?

Should standards or other requirements be adopted for the labeling or
encoding of works available via the NII so that copyright owners and users
can identify copyrighted works and the conditions for their use?

Should a licensing system be developed for certain uses of any or all works
available via the NII?  If so, should there be a single type of licensing or
should the NII support a multiplicity of licensing systems?

What types of education programs might be developed to increase public
awareness of intellectual property laws, their importance to the economy, and
their application to works available via the NII.

 (More information can be found in the November 9, 1993 Official Gazette).

You can send your ideas to the Patent Office up until December 10, 1993.

Address your comments to:
                Terri Southwick
                c/o Commissioner of Patents and Trademarks
                US Patent and Trademark Office
                Box 4
                Washington, DC  20231

                fax: 703-305-8885
                tel: 703-305-9300

Greg Aharonian
Internet Patent News Service


--==--==--==-<>-==--==--==--


Subject: Please Help Us Get EFF's BBS Up and Running!

The Electronic Frontier Foundation is working to start an EFF bulletin
board system to reach the "other half of cyberspace" -- BBSs, including the
tens of thousands of participants in BBS networks such as FidoNet.  EFF
considers these hobbyist grassroots pioneers as important to the future of
communications as experienced net.surfers, and both cultures of the
online world have much to gain or lose by the issues at stake.

The EFF BBS will provide a full mirror of our FTP/gopher/WAIS archives, as
well as networked messaging, including FidoNet's and UseNet's relevant
conferences, such as BBSLAW, SYSLAW, comp.org.eff.talk, alt.security.pgp,
alt.politics.datahighway, and more.  The board will serve as a place for
those with modems but no Internet access to get the information they need
to avoid pitfalls and to support campaigns to preserve our rights online.

However, money does not grow on trees, and EFF is asking for contributions
and hardware donations so that the project can get rolling. 

Still needed:


Basic system - 486DX2-66 or 468DX-50
Large SCSI hard drive, and controller
8-16 MB RAM
SVGA card and monitor
ethernet card
SCSI or parallel tape backup
4 fast modems (19.2 USR DS, 28.8 Hayes V.fc, 19.2 ZyXEL, and one other,
  undecided yet, probably Telebit V.terbo)

We're interested in new or used equipment in working condition, and any
donations will be gratefully accepted.

Donators of funds or equipment over $40 will receive a one-year membership
in EFF if they wish, and all contributors will be listed in a "thank you"
notice in our online newsletter, and in a permanent bulletin on the BBS.
Please note that donations are tax deductible. 

BBS software has already been donated, though various other software is
still needed (utils, editors, Fido mailer, etc.)


--==--==--==-<>-==--==--==--


Subject: General Accounting Office Report on Communications Privacy

A few days ago, the General Accounting Office (GAO) -- an important
internal government investigative organization that's about a lot more
than accounting -- issued a report on communications privacy.

The report makes three very important findings:

1. Privacy-protecting technology (crytopgraphy) is increasingly important
for protecting the security of business communications and personal
information.  But federal policy is getting in the way of this technology.

"Increased use of computer and communications networks, computer literacy,
and dependence on information technology heighten US industries risk of
losing proprietary information to economic espionage.  In part to reduce
the risk, industry is more frequently using hardware and software with
encryption capabilities.  However, federal policies and actions stemming
from national security and law enforcement concerns hinder the use and the
export of U.S. commercial encryption technology and may hinder its
development."

2. The NSA's role in this area is has been extensive, and possibly beyond
the spirit of the Computer Security Act. 

"Although the Computer Security Act of 1987 reaffirmed NIST's reponsibility
for developing federal information-processing standards for security of
sensitive, unclassified information, NIST follows NSA's lead in developing
certain cryptographic standards"

3. Opportunity for public input in the standards process has been
insufficient, leading to proposals like Clipper which lack public support.

"These policy issues are formulated and announced to the public, however,
with very little input from directly affected business interests, academia,
and others."

The report draws no specific policy conclusions, but provides excellent
ammunition for those of us who are trying to open up the standards process
and get export controls lifted.

Full text of the report (GAO/OSI-94-2 Communications Privacy: Federal
Policy and Actions) has been made available by ftp from GAO.  

The document can be obtained from EFF's FTP site as
~pub/eff/papers/osi-94-2.txt


--==--==--==-<>-==--==--==--


Subject: Industry Leaders Join in Demo of Pioneering Telecom Technolgy

Project Represents First-in-the-Nation Collaboration
Among Local Cable Companies

Boston, MA (November 16, 1993) - In an unprecedented collaboration among
Massachusetts' leading cable companies, Cablevision of Boston, Continental
Cablevision and Time Warner Cable today demonstrated a breakthrough wireless
telephone call using interconnected cable television systems bypassing the local
telephone company. The demonstration,  which occurred at Faneuil Hall,
illustrated how cable technology can be utilized to create what developers call
a Personal Communication Network (PCN).

"The implications of this pilot project are enormous for Massachusetts," said
Henry J. Ferris, Jr., General Manager of Cablevision. "The cable-based PCN will
give consumers a competitive choice in the wireless communication market as the
cable industry moves towards seamless service areas on the electronic
superhighway."

The PCN makes use of existing cable systems to transmit voice, data and video
communications with increased clarity. Cable transmissions are carried over
fiber and coaxial broad band networks, offering improved sound quality and
capacity.

"This first-ever cooperative experiment among three cable companies signals the
enormous possibilities which exist when we combine out resources and expertise,"
said Terry O'Connell, President of Time Warner Cable's Greater Boston Division.

Frank Anthony, Senior Vice President of Continental Cablevision noted, "By
exploiting the enormous technological potential of the cable networks already in
place throughout New England, our Personal Communications Network significantly
advances the creation of a powerful electronic superhighway for the region. With
this kind of cohesive infrastructure, opportunities for advancements in the
telecommunications industry are limitless."

The Faneuil Hall test used existing Boston-area cable lines to deliver a
wireless phone conversation from Boston to Newton, demonstrating how cable
television infrastructure can be a regional provider of wireless communications
services. Massachusetts Lieutenant Governor Paul Cellucci, using a wireless
handset, placed a call to Newton Mayor Theodore Mann via cable. Cablevision's
system in Boston carried the call through Boston to Continental Cablevision's
service border; Continental routed the call through Dedham, Needham, Newton and
Cambridge to Teleport Communications Group where a #5 ESS switch enabled the
call to come back over Continental's regional fiber network where it was
received by Mayor Mann using a portable phone on Heartbreak Hill in Newton.

Following the Newton call, the Lieutenant Governor placed a wireless call to
Malden Mayor Edwin Lucey, which again traveled via the Cablevision network,
through Continental's system, then along Time Warner Cable infrastructure in
Malden.

By using Teleport Communications Group switching capabilities, both calls were
routed independently of the local telephone company, demonstrating the
autonomous power of the interconnected cable infrastructure to provide seamless
telephone call transport. The demonstration calls also highlighted the audio
clarity provided by cable technology.

A main focus of the demonstration was the PCN architecture itself which is the
result of extensive research and development by the cable industry. Calls routed
over two or more cable system are connected via a fiber-optic-based regional
network and a centralized switching center. The quality of voice transmission
surpasses that of cellular services. Because the cable television systems are
already in place, obviating the need for large capital investments in
infrastructure, the cable industry can offer a cost-effective alternative to
cellular telephone service.

Recognizing strong consumer demand for competitive alternatives to cellular
technology, the cable industry's wireless telephone service features full
mobility in vehicles moving at various speeds, far-ranging, "ubiquitous"
coverage and reduced cost as imperative for commercial viability in wireless
communications.

The PCN facilitates the marriage of portable computer, telephone and fax
technology to wireless telecommunications. Users of the PCN are assigned a
personal telephone number, which is not tied to a particular address but,
rather, travels with the person allowing users to communicate with other users
at any location. Such a system frees individuals from the constraints of wired
networks which leave devices such as telephones, fax machine and computers
limited to a single location. This "lifestyle" coverage goes where the user goes
and allows for person-to-person rather than point-to-point communication.
Cablevision of Boston, Continental Cablevision and Time Warner Cable officials
expect that this local network will pave the way for futuristic
telecommunications application on the electronic superhighway in Massachusetts.


--==--==--==-<>-==--==--==--


EFFector Online is published biweekly by:

     Electronic Frontier Foundation
     1001 G Street, N.W., Suite 950 East
     Washington, DC 20001, USA
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--==--==--==-<>-==--==--==--

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EFFector Online Volume 6 No. 7       Dec. 10, 1993        editors@eff.org
A Publication of the Electronic Frontier Foundation        ISSN 1062-9424

In This Open Platform Special Issue:

EFF Statement on Markey Infrastructure Bill 
EFF Analysis of Brooks-Dingell Antitrust Reform Bill
NTIA Announces Universal Service Hearing
Late Breaking News - Digital Telephony Threat Returns
What You Can Do

--==--==--==-<>-==--==--==--

Subject: EFF Statement on Markey Infrastructure Bill

EFF Position Statement on and Summary of Bill HR-3636
National Communications Competition and Information Infrastructure Act of 1993
Introduced by Reps. Markey, Fields and Boucher

On Monday, November 22, 1993,  House Telecommunications and Finance
Subcommittee Chairman Edward Markey (D-Mass.), Minority Chairman Jack
Fields (R-Tex.), and other cosponsors introduced the "National
Communications Competition and Information Infrastructure Act of 1993." 
The legislation, which incorporates EFF's Open Platform philosophy, is
built on four concepts: open platform services, the entry of telephone
companies into video cable service, universal service, and competition in
the local telephone market. 

Of all pending telecommunications legislation, Markey's bill is the only
one with a vision of an open, accessible network which supports a true
diversity of information sources.  The legislation proposes a major
restructuring of the Communications Act of 1934 in order to account for
changes in technology, market structure, and people's increasingly advanced
information access needs.  

EFF recommends strong support for the bill.  For the bill to realize its
goals however, the following key changes are necessary:

*   Require Open Platform Services to be tariffed at reasonable, affordable
    rates;
*   Strengthen non-discriminatory video dialtone access rules and eliminate
    current five year sunset provision;
*   Add information infrastructure access to the definition of universal
    service, and ensure public interest participation in redefinition of
    universal service obligations;
*   Ensure that all telecommunication providers pay a fair share of
    universal service costs.

These are EFF's primary concerns about the bill.  We hope to broaden our
position and understanding of the bill based on the views of other
interested groups.  This is a summary of the main points of the legislation
along with EFF positions and comments.


OPEN PLATFORM 

Open platform service is designed to give residential subscribers
access to voice, data, and video digital telephone service on a switched,
end-to-end basis.  With Open Platform service widely available, individuals
and organizations would have ready access to a variety of important
applications on the information highway, including distance learning,
telemedicine, telecommuting, the Internet, and many more.  The bill directs
the Federal Communications Commission to investigate the policy changes
needed to provide open platform service at affordable rates, but fails to
require telecommunications carriers to tariff the service.

ACTION NEEDED:  The Open Platform concept should be enthusiastically
supported, but the bill as written fails to ensure that Open Platform
service will be widely available at affordable rates.  Those who care about
affordable, equitable access to new information media should demand that
local telephone companies be required to tariff Open Platform services
within a specific timeframe.

ENTRY OF TELEPHONE COMPANIES INTO VIDEO PROGRAMMING

The bill promotes the entry of telephone companies into video cable
service and seeks to benefit consumers by spurring competition in the cable
television industry. The bill would rescind the ban on telephone company
ownership and delivery of video programming that was enacted in the Cable
Act of 1984.  Telephone companies would be allowed to provide video
programming, through a separate subsidiary, to subscribers in its telephone
service area. 

Telephone companies would be required to provide video services
through a  "video platform," that would be open, in part, to all video
programming providers.  The bill adopts a set of regulations originally
proposed by the Federal Communications Commission (FCC) called "Video
Dialtone."  Under video dialtone rules, telephone companies would be
required to allow other content providers to offer video programming to
subscribers using the same video platform as used by the telephone company,
on a non-discriminatory basis.  Other providers would be allowed to use up
to 75 percent of the video platform capacity.  To encourage telephone
companies to actually invest in new information infrastructure, they would
be prohibited from buying existing cable systems within their telephone
service territory, with only tightly drawn exceptions.

However, the video dialtone requirement would end in five years, after
which telephone companies would have no requirement at all to provide
non-discriminatory access to their video platform.

ACTION NEEDED:  Video dialtone is a useful starting point for structuring
non-discriminatory video access, but its provisions must be strengthened. 
First, there should be no fixed expiration date for the video dialtone
requirements.  An open platform for video information is critical to the
free flow of information in society.  These requirements should be relaxed
only when it is clear than there are sufficient alternatives throughout the
country for distribution of video and multimedia information  Alternatives
would include widely available, affordable Open Platform service capable of
carrying full-motion, video programming.   Second, stronger safeguards
against anti-competitive behavior are necessary.

Finally, more explicit provisions assuring access for third party video
servers are needed to ensure the all programmers can use video dialtone to
disseminate their video programs.  Video dialtone rules fail to consider
how to guarantee third party access to interactive functions of a video
dialtone platform.  Interactive technology is so new and untested that it
has hard to legislate about it at this point.  The FCC should, however, be
instructed to study this issue as new interactive capabilities become
available.

UNIVERSAL SERVICE 

One of the goals of the bill is to "preserve universal
telecommunications at affordable rates."  To achieve this goal, the bill
would establish a joint Federal-State Board (made up of FCC members and
state regulators) to devise a framework for ensuring continued universal
service.  The Board would be required to define the nature and extent of
the services encompassed within a telephone company's universal service
obligation.  The Board also would be charged with promoting access to
advanced telecommunications technology. 

The FCC is required to prescribe standards necessary to ensure that
advances in network capabilities and services deployed by common carriers
are designed to be accessible to individuals with disabilities, unless an
undue burden is posed by such requirements.  Additionally, within one year
of enactment, the bill requires the FCC to initiate an inquiry to examine
the effects of competition in the provision of both telephone exchange
access and telephone exchange service furnished by rural carriers. 

ACTION NEEDED:  Include an explicit requirement that advanced digital
access services be included in the universal service definition as soon as
is practical.  Create a mechanism for public interest participation in the
process of defining the components of universal service in the information
age.  

VIDEO PLATFORM AND FRANCHISE REQUIREMENTS

Any telephone company that establishes a video platform would be required
to meet 1992 Cable Act standards concerning customer privacy rights,
consumer protection, and customer service.  Telephone companies would be
required to meet the same standards as cable companies for diversity in
commercial programming, to assure that the broadest possible information
sources are made available to the public.  Like cable companies, telephone
companies would be required to comply with public, educational, and
governmental (PEG) access rules.  Telephone companies also would be
required to meet standards concerning re-transmission consent for cable
systems. 

Some Cable Act requirements concerning cable companies would expressly not
be applicable to telephone companies. These include: general franchise
requirements; franchise fees; regulation of rates; regulation of services,
facilities, and equipment; consumer electronics equipment compatibility;
modification of franchise obligations; renewal proposals; conditions of
sale; unauthorized reception of cable service; equal employment; limitation
on franchising authority liability; and coordination of federal, state, and
local authority. 

Instead of Cable Act compliance, the legislation provides that a video
programming affiliate of any telephone company that establishes a video
platform would be subject to the payment of fees imposed by a local
franchising authority. The rate at which these fees would be imposed cannot
exceed the rate at which franchise fees are imposed on any operator
transmitting video programming in the same service area. 

LOCAL COMPETITION

In order to promote competition in local telecommunications
service, the bill requires that local telephone companies open their
networks to competitors who wish to interconnect with the public switched
telephone network.  These interconnect rules will enable any other network
operator to offer basic telephone service as well as advanced data services
in direct competition with the local phone company.  The FCC would be
required to establish rules for compensating local telephone companies for
providing interconnection and equal access.

ACTION NEEDED:  Local competition can be a benefit to consumers and spur
the development of innovative new services, as long as all interconnecting
networks pay their fair share of the cost of using the public telephone
network.  All who interconnect should be required to support the cost of
basic universal service.

For More Information Contact:

Daniel J. Weitzner, Senior Staff Counsel
202-347-5400
djw@eff.org

Copies of the legislation and this summary are available on EFF's Internet
FTP site: ftp.eff.org, in the directory pub/eff/legislation/hr3636 and
hr3636.summary.

--==--==--==-<>-==--==--==--

Subject: EFF Analysis of Brooks-Dingell Antitrust Reform Bill

EFF Analysis of Bill HR-3626
Antitrust Reform Act of 1993
Introduced by Reps. Brooks and Dingell

On Tuesday, November 23, 1993, House Judiciary Chair Brooks (D-Tex.)
and House Commerce Committee Chair Dingell (D-Mich.) introduced major
antitrust reform legislation, H.R. 3626.  This bill would phase out the
limitations placed on the Bell Companies under the modified consent decree
that resulted in the antitrust agreement that broke up AT&T in 1982 (the
"MFJ" or "Modification of Final Judgment").  The MFJ currently precludes
Bell Companies from providing long distance service and manufacturing
telephone equipment.  Until two years ago, the Bell Companies were
precluded from offering electronic publishing. 
       
The MFJ imposes long distance and manufacturing restrictions on Bell
Companies to prevent them from using monopoly control to disadvantage
their consumers and competitors in two principal ways.  First, under the
MFJ the Bell Companies cannot use profits earned from rates paid for
monopoly local telephone operations to subsidize their long distance and
equipment businesses.  Monopolistic control over local telephone service
makes it nearly impossible to prevent cross-subsidization of a variety of
other telecommunications services with captive ratepayer dollars.  Second,
under the MFJ the Bell Companies cannot prevent competing long distance
carriers and equipment manufacturers from gaining access to the local
network, or to delay that access, thus placing them in an inferior
competitive position.  The local telephone network is key to the Bell
Companies' potential monopoly over telephone service.  It functions as the
gateway to individual telephone subscribers, and must be used by long
distance carriers to connect one caller to another.  The immense cost of
wires, cables, switches, and other transmission facilities which comprise
the local network could insulate Bell Companies from competition.

The Brooks/Dingell Antitrust Reform Act of 1993 would ensure that Bell
Companies compete freely in new telecommunications markets.  The bill
was introduced on the same day as the Markey/Fields telecommunications
infrastructure bill, H.R. 3636, which incorporates EFF's open platform
proposal.  EFF's open platform proposal is designed to give residential
subscribers access to voice, data, and video digital telephone service on a
switched, end-to-end basis. Unlike the Markey/Fields bill, the Brooks/
Dingell antitrust bill does not focus on infrastructure and competition
issues. 

LONG DISTANCE 

The bill gives the Attorney General and the Federal Communications
Commission (FCC) the authority to make a public interest determination
before a Bell Company could offer competitive services.  The bill requires
the Attorney General, when granting a Bell Company application to provide
interexchange telecommunications, to make a finding that there is no
substantial possibility that the Bell Company or its affiliates could use
monopoly power, for example by preventing access to networks or using
profits earned, to impede competition in the market it seeks to enter.  The
Attorney General could make such a finding only if the evidence clearly and
convincingly supports it, and the FCC could grant the request only if it is
consistent with the public interest, convenience, and necessity.  The FCC
would be required to consider whether granting the request would affect
consumers' rates and expedite delivery of new services and products to
consumers, and whether the applicant will be precluded from engaging in
coercive economic practices such as predatory pricing and collusion. The
bill extends the right of judicial review in the U.S. Court of Appeals for
the District of Columbia to companies aggrieved by the Attorney General and
FCC determinations.

The bill vests responsibility at the federal level for making a public
interest determination before a Bell Company could offer competitive
services, but it does not require a state finding that the public interest
is served if the Bell Company gains access to the market.  

H.R. 3626 segments the long distance market into several submarkets:
intrastate; interstate/regional; interstate resale; and nationwide networks.

1. Intrastate:  The provision of intrastate long distance service was
regulated by the states until the breakup of AT&T.  Under H.R. 3626, state
laws or regulations would no longer pose a barrier to a Bell Company
seeking to offer in-state long distance service.

2. Interstate/Regional:  The Bell Companies currently operate networks
throughout their regions, which are made up of many states, but they are
restricted from using them for interstate long distance service.  Under
H.R. 3626, the Bell Companies could petition the Department of Justice and
the FCC to use their own telephone networks to provide long distance
service.  

3. Interstate Resale: Resale services involve reselling bulk capacity from
networks owned by carriers such as AT&T, MCI, and Sprint, to regional
telephone companies on a "retail" basis.  H.R. 3626 would allow Bell
Companies to petition the Department of Justice and the FCC to provide
interstate resale services 18 months after the date of enactment. Downward
pressure on rates from the entry of new competitors into resale services
potentially could cause a reduction in long distance telephone costs for
residential customers.

4. Nationwide Networks: H.R. 3626 would allow Bell Companies to petition
the Department of Justice and the FCC to build and operate interstate
networks outside of their regions 5 years after enactment. 

MANUFACTURING

Within a year of enactment, H.R. 3626 would lift MFJ restrictions
and allow a Bell Company to submit an application to the Department of
Justice to engage in manufacturing of telephone equipment.  The Bell
Company would then be free to engage in manufacturing unless, within the
following year, the Attorney General enjoins the company from going forward.

H.R. 3626 would allow a Bell Company to engage in manufacturing activities
through a separate subsidiary, and would be prohibited from cross-
subsidizing its manufacturing.  H.R. 3626 would require the Bell Company to
conduct all manufacturing in the United States, but some components not
available from U.S. sources could be used.  The bill would require a Bell
Company to provide functionally equivalent equipment to competing
manufacturers, but leaves undefined the term "functional equivalent."

The bill would require Bell Companies to maintain and file with the FCC
information on protocols and technical requirements for connection and
use of its telephone exchange service facilities.  It does not, however,
mandate full digital interconnectivity, which is the minimum standard
necessary to achieve democratic, open platform goals.

BURGLAR ALARM SERVICES

H.R. 3626 would allow Bell Companies to apply to the Department of Justice
to offer burglar alarm services 5 1/2 years after enactment.  The Attorney
General and the FCC would be required to make determinations that the entry
of a Bell Company into the burglar alarm business is appropriate. Provision
of burglar alarm services would be subject to post-entry restrictions,
designed to ensure that Bell Companies compete faily in the new markets.

ELECTRONIC PUBLISHING

H.R. 3626 provides that Bell Companies could engage in electronic 
publishing only through separate affiliates or electronic publishing joint
ventures.  By increasing the visibility of electronic publishing business
transactions, these safeguards are designed to alleviate the risk that Bell
Companies could stifle the efforts of other electronic publishers or
acquire a substantial monopoly over the generation of news.  The bill would
allow a Bell Company or affiliate that participates in an electronic
publishing joint venture, with non-Bell Companies or affiliates, to
maintain up to a 50 percent direct or indirect equity interest in the joint
venture.  For joint electronic publishing ventures with small, local
electronic publishers, a Bell Company may have, for "good cause," an
ownership interest up to 80 percent. The statutory restrictions in the
legislation would sunset in four years.

To prevent anticompetitive behavior, the bill would require a Bell
Company to provide the same information to its competitors as it uses
itself.  The bill also would allow inbound telemarketing or referral
services by the Bell Companies for electronic publishing affiliates. As a
matter of privacy, however, the bill does not provide protection for
customers who do not want to make information gathered about them by the
Bell Companies available for marketing or other purposes.  

NETWORK ACCESS FOR DISABLED COMMUNITY

H.R. 3626 also includes provisions designed to ensure that
equipment and network services are accessible and usable to disabled
individuals, unless the costs of making equipment accessible and usable
would result in an undue burden or an adverse competitive impact.

  *****

The Brooks-Dingell bill is available online from EFF by anonymous ftp to
ftp.eff.org, pub/eff/legislation/hr3626.

--==--==--==-<>-==--==--==--

Subject: NTIA Announces Universal Service Hearing

December 2, 1993

WASHINGTON D.C -- Assistant Secretary for Communications and
Information Larry Irving announced today that the National
Telecommunications and Information Administration (NTIA) and the New
Mexico State Corporation Commission (NMSCC) will hold a public
hearing on "Communications and Information for All Americans:
Universal Service for the 21st Century" on December 16, 1993.  The
hearing will take place from 8:00a.m. to 5:30p.m. at the Technical
Vocational Institute's Smith Brasher Hall, 717 University, S.E.
(Room SB-100), Albuquerque, New Mexico.

The Administration's initiative on the National Information
Infrastructure (NII) seeks to extend the Universal Service policy to
reflect the information needs of the United States and its citizens
in the 21st Century. Traditionally, in the United States, Universal
Service of telecommunications has centered on achieving widespread
availability of basic telephone service at affordable rates.  As
telecommunications and information technologies have converged and
advanced, the need to redefine the concept of Universal Service has
increased significantly. Through this hearing, NTIA and the NMSCC
seek public comment on:

* the effectiveness of today's Universal Service policy as it
  relates to basic telephone service;
* how the present Universal Service policy may be improved and
  expanded;
* who should pay to support a broader, more modern Universal
  Service policy;
* what information and network services should be included in a
  modernized definition of basic services; and
* how the government and the private sector can work together to
  inform the public about and prepare for the new Information Age.

This hearing will be the first of a series of universal service and
universal access hearings sponsored by NTIA to be held across the
United States seeking public input and discussing government
telecommunications policy. The hearing is open to the press and
public at no charge, but space is limited.  To register in advance,
please contact NTIA at:

Voice 202/273-3366, BBS 202/482-1199, Internet nii@ntia.doc.gov
Contacts: James McConnaughey, Joann Anderson, or Alfred Lee at 202/482-1880
Press Contact:  Larry Williams 202/482-1551    FAX: 202/482-6173

--==--==--==-<>-==--==--==--

Subject: Late Breaking News - Digital Telephony Threat Returns

According to FBI Dir. Louis Freeh, the development of sophisticated digital
telecom and networking technology threatens the ability of the Feds to
wiretap.  In a Dec. 8 speech at Washington's National Press Club, Freeh
annouced a renewal of the FBI's 'Digital Telephony' legislation scheme:
the return of the controverial 'Wiretap Bill'.  The bill is strongly
opposed by organizations and individuals concerned about privacy, as well
as the telecommunications and computing industries at large.  The FBI's
'need' for this legislative action is under review by the Administration
as part of its examination of security and encryption issues.

The reappearance of this Bureau effort contradicts statements by Special
Agent Barry Smith of the FBI's Congressional Affairs Office, who stated
less than a month ago that the 'Wiretap Bill' had been tabled.

According to classified documents released under the Freedom of  
Information Act (FOIA), the FBI and the Electronic Communications Service
Provider Committee or ECSPC (an ad hoc industry working group) are
working on technical solutions to satisify law enforcement. According to
a Nynex rep co-chairing the group, Kenneth Raymond, no solution has yet
been found, and the FBI has yet to prove any solution is needed at all. 
Raymond likened Freeh's tactics to "yelling out the window" - an
attention-getting move that needs some sort of clarifying followup.

Though the ECSPC claims to be attempting to evaluate the problem and to
solve it in a way "consistent with cost and demand", Raymond indicated that
the group considers one 'solution' to be building wiretap access into
future telecom hardware - like the  Clipper chip backdoor, but a 'feature'
of all switch specifications for phone and data lines.

This news was just received, and a more detailed analysis and statement
from EFF will follow soon.

[summarized from Communications Daily]

--==--==--==-<>-==--==--==--

Subject: What You Can Do

Did you know ...
Congress is currently making decisions that will affect your ability
to communicate in the future?  Who's protecting your interests?

The Electronic Frontier Foundation (EFF) is working with legislators to
make sure that principles guaranteeing free speech, privacy and affordable
service to consumers are written into new communications legislation.  Rep.
Edward Markey (D-MA) has already incorporated much of EFF's Open Platform
vision into his NII proposal (bill H.R. 3626).  But the fight is not yet won. 
The only way to make sure that future networks will serve *you* is to
become involved.  Join EFF and receive regular updates on what's happening
and action alerts when immediate action becomes critical.

Blind trust in the system won't help you.  Take control of your future. 
Join EFF today.

--==--==--==-<>-==--==--==--

EFF MEMBERSHIP FORM

Return this form to:   Membership Coordinator, Electronic Frontier
Foundation, 1001 G Street, NW, Suite 950 East, Washington, DC  20001

MEMBERSHIP
YES!  I wish to become a member of the Electronic Frontier Foundation!  I
would like to join as a

_Regular Member $40  _Student Member $20

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_Please charge my  _VISA  _MC  _AMEX
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CONTACT INFORMATION:
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I prefer to be contacted by:      US Mail   o    E-mail

PRIVACY POLICY:
We occasionally share our mailing lists with other organizations promoting
similar goals.  However, EFF respects the individual's right to privacy and
will not distribute your name without explicit permission.

 ___ I grant permission for EFF to distribute my name and contact
     information to organizations sharing similar goals.

The Electronic Frontier Foundation is a nonprofit, 501(c)3 organization
supported by contributions from individual members, corporations, and
private foundations.  Donations are tax-deductible.


=========================================================================
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 /_______________/\           /_______________\        /\______________\
 \\\\\\\\\\\\\\\\\ \          |||||||||||||||||       / ////////////////  
  \\\\\\\\\\\\\\\\\/          |||||||||||||||||      / ////////////////
   \\\\\\_______/\            ||||||_______\        / //////_____\  
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        \\\\\\\\\\\\\\\\/     |||||             \////

=========================================================================
EFFector Online Volume 6 No. 8       12/28/1993           editors@eff.org
A Publication of the Electronic Frontier Foundation        ISSN 1062-9424


In This Issue:

Gore Endorses EFF's Open Platform Approach
EFF Announces Call for Nominations, 3rd Annual Pioneer Awards
NCO High Performance Computing & Communications NII Gopher/Web Server
Smart Valley CommerceNet Consortium Wins Superhighway Grant
What You Can Do


--==--==--==-<>-==--==--==--


Subject: Gore Endorses EFF's Open Platform Approach

12/21/93

Washington -- Vice President Al Gore announced at the National Press Club
today a long-term White House telecommunications policy initiative that
incorporates the major elements of the Electronic Frontier Foundation's
Open Platform policy recommendations.

The Vice President's speech, which credited EFF co-founder Mitchell
Kapor for articulating the need for an "open platform" information
infrastructure, outlined five policy principles for the National
Information Infrastructure (NII).

Kapor said that he is "honored" by the reference in Gore's speech.
"I'm awfully happy that the Open Platform is right in the middle of the
Administration's infrastructure strategy, and that they see Open
Platform and open access as just as important as competition.

"President Clinton and Vice President Gore deserve great credit for being
the first Administration in over a decade to offer a comprehensive approach
to telecommunications policy," Kapor said. "I am looking forward to
working with the White House and the Congress to help see this thing
through."

EFF executive director Jerry Berman said Tuesday his organization is
"extremely pleased that the Administration has affirmed that neither all-
out competition, nor stifling regulation, will bring the promise of
information access to all Americans." In the three years since EFF's
founding, Berman said, the organization has labored to raise these issues
in the public-policy arena and to promote the Open Platform approach.

EFF's Open Platform policy to support universal access to the digital
information infrastructure is included in the telecommunications bill
recently introduced by Rep. Ed Markey (D-MA), Rep. Jack Fields (R-TX), and
Rep. Rick Boucher (D-VA).

The first principle, Gore said, is to "encourage private investment." The
Vice President said this principle involves "steering a course between a
kind of computer-age Scylla and Charybdis -- between the shoals of
suffocating regulation on one side, and the rocks of unfettered monopolies
on the other.

"Both stifle competition and innovation," Gore said.

The second principle, he said is to "promote and protect competition." The
vice President said the government "should prevent unfair cross-subsidies
and act to avoid information bottlenecks that would limit consumer choice,
or limit the ability of new informaiotn providers to reach their
customers."

The third principle, Gore said, is to "provide open access to the network."
Gore defined this principle in terms very similar to those of EFF's own
policy statements on Open Platform services.

"Suppose I want to set up a service that provides 24 hours a day of David
Letterman reruns," he said. "I don't own my own netowrk, so I need to buy
access to someone else's. I should be able to do so by paying the same
rates as my neighbor, who wants to broadcast kick-boxing matches."

EFF's Open Platform Proposal, released in November of this year, all
recognizes the importance of access to a diversity of information sources.

The proposal states: "If new network services are deployed with adequate
up-stream capacity, and allow peer-to-peer communication, then each user
of the network can be both an information consumer and publisher. Network
architecture which is truly peer-to-peer can help produce in digital media
the kind of information diversity that only exists today only in the print
media."

Said Gore: "Without provisions for open access, the companies that own the
networks could use their control of the networks to ensure that their
customers only have access to their programming. We've already seen cases
where cable company owners have used their monopoly control of their
networks to exclude programming that competes with their own."

Gore also cited with approval EFF co-founder Mitchell Kapor's analogy of
an "open platform" infrastructure to the open architecture of the IBM PC.
"We need to ensure the NII, just like the PC is open and accessible to
everyone with a good idea who has a product they want to sell," he said.

The fourth principle, said the Vice President, is "to avoid creating a
society of information 'haves' and 'have nots.'" Gore said the United
States will "still need a regulatory safety net to make sure almost
everyone can benefit."

The fifth and final principle, he said, is that "we want to encourage
flexibility." Gore said the legislative package to be offered by the White
House must have the kind of flexibility that the Communications Act of
1934 had, in order to deal with technological changes that no one can yet
anticipate.

Berman said Gore's speech also helps define how the Administration plans to
handle the transition, following the breakup of the Bell System, between a
world of telecommunications monopolies and a world in which there is
meaningful competition among content and communications providers. "This
speech shows that part of the White House's definition of 'managed
transition' is that all citizens will have access to digital-network open
platform."

 ---------

Contacts:

Jerry Berman, Executive Director, Internet: <jberman@eff.org>
Daniel J. Weitzner, Senior Staff Counsel, Internet: <djw@eff.org>

 v: 202-347-5400
 f: 202-393-5509


--==--==--==-<>-==--==--==--


Subject: EFF Announces Call for Nominations, 3rd Annual Pioneer Awards
  
       THE THIRD ANNUAL INTERNATIONAL EFF PIONEER AWARDS:
                       CALL FOR NOMINATIONS
                     Deadline: January 20, 1994

In every field of human endeavor, there are those dedicated to expanding
knowledge, freedom, efficiency and utility. Along the electronic frontier,
this is especially true. To recognize this, the Electronic Frontier
Foundation has established the Pioneer Awards for deserving individuals
and organizations.

The Pioneer Awards are international and nominations are open to all.

In March of 1992, the first EFF Pioneer Awards were given in Washington
D.C. The winners were: Douglas C. Engelbart, Robert Kahn, Jim Warren, Tom
Jennings, and Andrzej Smereczynski. The second Pioneer Awards, which were
given in San Francisco at the Computers, Freedom, and Privacy conference
in 1993, were awarded to Paul Baran, Vinton Cerf, Ward Christensen, Dave
Hughes and the USENET software developers, represented by the
software's originators Tom Truscott and Jim Ellis.

The Third Annual Pioneer Awards will be given in Chicago, Illinois
at the 4th Conference on Computers, Freedom, and Privacy
in March of 1994.

All valid nominations will be reviewed by a panel of impartial judges
chosen for their knowledge of computer-based communications and the
technical, legal, and social issues involved in networking.

There are no specific categories for the Pioneer Awards, but the
following guidelines apply:

   1) The nominees must have made a substantial contribution to the
      health, growth, accessibility, or freedom of computer-based
      communications.

   2) The contribution may be technical, social, economic or cultural.

   3) Nominations may be of individuals, systems, or organizations in
      the private or public sectors.

   4) Nominations are open to all, and you may nominate more than one
      recipient. You may nominate yourself or your organization.

   5) All nominations, to be valid, must contain your reasons, however
      brief, on why you are nominating the individual or organization,
      along with a means of contacting the nominee, and your own contact
      number. No anonymous nominations will be allowed.

   6) Every person or organization, with the single exception of EFF
      staff members, are eligible for Pioneer Awards.

   7) Persons or representatives of organizations receiving a Pioneer
      Award will be invited to attend the ceremony at the Foundation's
      expense.

You may nominate as many as you wish, but please use one form per
nomination. You may return the forms to us via email, postal mail, or fax at
the appropriate address or number listed on the form below

Just tell us the name of the nominee, the phone number or email address
at which the nominee can be reached, and, most important, why you feel
the nominee deserves the award.  You may attach supporting
documentation.  Please include your own name, address, and phone number.

We're looking for the Pioneers of the Electronic Frontier that have made
and are making a difference. Thanks for helping us find them,

The Electronic Frontier Foundation

        -------EFF Pioneer Awards Nomination Form------

Please return to the Electronic Frontier Foundation

via email to:       pioneer@eff.org

via surface mail to:
EFF, Attn: Pioneer Awards
1001 G St. NW
Suite 950 East
Washington, DC 20001

via FAX to +1 202 393 5509


Nominee:

Title:

Company/Organization:

Contact number or email address:

Reason for nomination:

Your name and contact information:

Extra documentation attached:

DEADLINE: ALL NOMINATIONS MUST BE RECEIVED BY THE ELECTRONIC FRONTIER
FOUNDATION BY MIDNIGHT, EASTERN STANDARD TIME U.S., JANUARY 20, 1994.


--==--==--==-<>-==--==--==--


Subject: NCO High Performance Computing & Communications NII Gopher/Web Server

The National Coordination Office for High Performance Computing and
Communications (HPCC) is pleased to announce World Wide Web and Gopher
servers. These servers contain a variety of HPCC-related information
including the FY 1994 "Blue Book" entitled: "High Performance Computing and
Communications: Toward a National Information Infrastructure". 
HPCC-related reports, information about grants and research contracts, and
legislative material are also included.  Links have been made to additional
HPCC-related information sources including servers at other government
agencies with HPCC activities.

The URL's to the Web and Gopher servers are:

 http://www.hpcc.gov
 gopher://gopher.hpcc.gov


For Gopher clients, the link to the Gopher server is as follows:

 Name=National Coordination Office for HPCC (NCO/HPCC) Gopher
 Type=1
 Port=70
 Path=
 Host=gopher.hpcc.gov

Please direct questions/comments to wwwadmin@hpcc.gov or gopheradmin@hpcc.gov


--==--==--==-<>-==--==--==--


Subject: Smart Valley CommerceNet Consortium Wins Superhighway Grant 

MENLO PARK, Calif., November 24, 1993 -- Smart Valley, Inc.
(SVI) and Enterprise Integration Technologies (EIT) today announced
their receipt of a Federal Government grant for CommerceNet, an $8
million project designed to help Silicon Valley businesses make
commercial use of the coming "Information Superhighway."
Half of the funds for CommerceNet will be provided by the
Federal grant made under the government's "Technology Reinvestment
Program" (TRP) which is sponsored by the Defense Department's Advanced
Research Projects Agency (ARPA), the National Institute of Standards
and Technology (NIST), the National Science Foundation (NSF) and other
government agencies.  Matching funds will be provided by the State of
California and participating companies.
CommerceNet's goal is to make public computer networks, such as
the Internet, "industrial strength" for business use.  CommerceNet will
address issues including low-cost, high-speed Internet access using
newly deployed technology such as Integrated Services Digital Network
(ISDN) services and multimedia software.  CommerceNet will support a
range of commercial network applications such as on-line catalogs,
product data exchange and engineering collaboration.  It will also
offer outreach services such as technical assistance to small- and
medium-size businesses that want to access public networks.
The CommerceNet consortium is sponsored by Smart Valley, Inc.
and the State of California's Trade and Commerce Agency.  Enterprise
Integration Technologies, a local high-tech company specializing in
electronic commerce, will lead the effort.  Joining forces on the
project are two organizations associated with Stanford University:
WestREN, the operator of the Bay Area Regional Research Network
(BARRNet), and Stanford's new Center for Information Technology (CIT).
There are more than 20 industrial participants including Apple
Computer, Hewlett-Packard,  Lockheed, National Semiconductor, Pacific
Bell, and Sun Microsystems.
"The funding of CommerceNet is the first major success for
Smart Valley," said Dr. Harry Saal, president of Smart Valley.
"Putting our business community on-line will be a great competitive
edge for our region and the national economy."
"CommerceNet will enable local companies to take advantage of a
revolutionary new medium.  Awareness of the Internet's potential is
growing among the business community, but there are still many
obstacles to its use -- we're going to work with local users and with
network and information providers to eliminate the barriers,"  said
Allan Schiffman, EIT's chief technical officer.
Smart Valley, Inc. is a nonprofit organization chartered to
create a regional electronic community by developing an advanced
information infrastructure and the collective ability to use it.  Smart
Valley's mission is to facilitate the construction of a pervasive,
high-speed communications system and information services that will
benefit all sectors of the community:  education, healthcare, local
government, business and the home.  Smart Valley, Inc. is affiliated
with Joint Venture:  Silicon Valley, a broad based grass roots
coalition of initiatives begun in 1992.
Enterprise Integration Technologies (EIT) is a three-year old,
Palo Alto-based R&D and consulting company specializing in information
technology for electronic commerce, collaborative engineering and agile
manufacturing.  EIT is a recognized leader in software and services
that promote commercial use of the Internet.  EIT's clients include
government agencies, aerospace and electronics companies and publishing
firms.

Contacts:
Allan Schiffman
Enterprise Integration Technologies
Phone: (415) 617-8000
Fax: (415) 617-1516
Internet:  ams@eit.com

Geoff Kerr
Cunningham Communication, Inc.
Phone: (408) 764-0746
Fax: (408) 982-0403
MCI Mail:  621-8412


--==--==--==-<>-==--==--==--


Subject: What You Can Do

"Society has recognized over time that certain kinds of scientific inquiry
can endanger society as a whole and has applied either directly, or through
scientific/ethical constraints, restrictions on the kind and amount of
research that can be done in those areas."

-- Adm. Bobby R. Inman (then CIA Dep. Dir.) in a February, 1982 article for
_Aviation_Week_and_Space_Technology_ on why cryptographic research should
be limited to government scientists.  Full text of this article is
available for anonymous ftp from ftp.eff.org as
pub/EFF/Policy/Crypto/inman.article.

The Electronic Frontier Foundation believes that individuals have the right
to protect their private communications by any method they choose - without
government interference.

The Administration is currently making decisions that will affect your
ability to communicate in the future?  Who's protecting your interests?

The Electronic Frontier Foundation (EFF) is working with legislators to
make sure that principles guaranteeing free speech, privacy and affordable
service to consumers are written into new communications legislation.  Rep.
Edward Markey (D-MA) has already incorporated much of EFF's Open Platform
vision into his NII proposal (H.R. 3626).  But the fight is not yet won. 
The only way to make sure that future networks will serve *you* is to
become involved.  Join EFF and receive regular updates on what's happening
and action alerts when immediate action becomes critical.

Blind trust in the system won't help you.  Take control of your future. 
EFF is a respected voice for the rights of users of online technologies.
We feel that the best way to protect your online rights is to be fully
informed and to make your opinions heard.  EFF members are informed, and
are making a difference.  Join EFF today!

-------- 8< ------- cut here ------- 8< --------

This form came from from EFFector Online

================================================
MEMBERSHIP IN THE ELECTRONIC FRONTIER FOUNDATION
================================================
Print out and mail to:
Membership Coordinator
Electronic Frontier Foundation
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I wish to become a member of the Electronic Frontier Foundation. I enclose:

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  ___ Online Bulletins - bulletins on key developments
                         affecting online communications.

NOTE:  Traffic may be high.  You may wish to browse these publications in
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EFF-NEWS).

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EFF occasionally shares our mailing list with other organizations promoting
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will not distribute your name without explicit permission.

___  I grant permission for the EFF to distribute my name and contact
     information to organizations sharing similar goals.


The Electronic Frontier Foundation is a nonprofit, 501(c)(3) organization
supported by contributions from individual members, corporations and
private foundations. Donations are tax-deductible.


INTERNET CONTACT ADDRESSES

Membership & donations: membership@eff.org
Legal services: ssteele@eff.org
Hardcopy publications: pubs@eff.org
Online publications, conferences, & other resources: mech@eff.org
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General EFF, legal, or policy questions: ask@eff.org







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