EFFECTOR ONLINE September 20, 1991

 ########## |   Volume I      September 20, 1991       Number 11  |

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########## |           The Electronic Newsletter of              |

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###        |                        Staff:                       |

#######    |            Gerard Van der Leun (van@eff.org)        |

#######    |             Mike Godwin (mnemonic@eff.org)          |

###        |             Mitchell Kapor (mkapor@eff.org)         |

###        |                   Managing Editors:                 |

###        |Chris Davis (ckd@eff.org), Helen Rose (hrose@eff.org)|

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effector: n, Computer Sci. A device for producing a desired change.

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                  THE EFF TO OPEN A FORUM ON COMPUSERVE

The Electronic Frontier Foundation has concluded an agreement with

Compuserve, one of the largest private computer networks, to open a

forum devoted to EFF civil liberties issues, networking technologies,

and online cultures. The forum, The Electronic Frontier, is expected to

be up and running by mid-October.

For some time now, our various materials and documents have been

available as a section of the Telecom Forum on CIS, thanks to the work

and dedication of Scott Loftesness. By taking this step and opening our

own forum, we hope to increase the visibility of the EFF on Compuserve

and expand the amount of material we can offer to this large group of

networkers who may or may not have access to the Internet.

We'll be reporting on this development in more detail as work on the

forum goes forward.

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   SCIENTIFIC AMERICAN'S SEPTEMBER ISSUE TO BE SENT TO ALL EFF MEMBERS

This month's SCIENTIFIC AMERICAN ("Communications, Computers, and

Networks") must surely represent the most complete collection of

articles and commentary on all aspects of networking to date. As such we

feel strongly that it should be made available to as many people as

possible.  Because of this, we have purchased a large number of copies

of this issue that we will be using for various purposes over the coming

year. The first use will be to deliver a free copy of to all our

members. We are expecting the magazines to be delivered to us at the end

of next week and they will go out to our members soon after. We realize

that many of our members may already have a copy of their own, but if so

we trust that they will use this extra copy to educate and enlighten

someone else to the issues and potential of networking.

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                   CURRENT LEGISLATIVE AND POLICY EFFORTS

                             by Mitchell Kapor

LEGISLATIVE

National Research and Education Network

EFF is a member of the coalition, which includes library and education

groups, as well as industry, working for passage of the NREN bill. We

have been working with both the House and the Senate, sending letters of

support, and meeting with key staff members. The bill has now passed the

House and Senate, H.R. 656 and S. 272, both called the "High Performance

Computing Act of 1991." We expect that Gore will use an NREN version of

my Open Roads paper (coauthored with Jerry Berman) to emphasize that the

NREN should serve open network, platform functions. The bill will be

signed into law if a compromise between the House and Senate versions

can be reached. We are optimistic that this will happen.

Communications Infrastructure and Information Services 

We have met with Markey staff and Hollings staff, on the Senate side, to

work on a rewrite of the Communications Act of 1934. This revision would

establish open networks, safeguards, common carrier and privacy rules

for the future national public network. We will also work on Conrad

Burns's legislation, S. 1200, a fiber network planning and

implementation process. This legislative arena is where the most

significant decisions will be made over the next few years. It will

emerge as the place where the actual development of the network will

take place, as well as where the playing field will be leveled for all

information providers.

900 Numbers and Common Carrier Enhanced Services 

Congress is considering legislation to regulate 900 number services in

order to eliminate consumer fraud. We welcome the legislation but,

together with other public interest groups and the ACLU, are urging

Congress to consider ways to insure that long distance and local

telephone companies carry all services -- including political and

charitable messages -- without discriminating on the basis of content.

Recently companies, to avoid hurting their image, have been denying

billing and sometimes carriage to charitable and political 900 numbers

put up by groups like Handgun Control and People for the American Way.

They argue that such enhanced services are not covered by their common

carrier obligations. The pending legislation is known as H.R. 2330

(Markey) and S. 1579 (Inouye).

Encryption and Privacy

We continue to work with information industry and public interest groups

to create appropriate policies supporting communications privacy. We

participated in the Leahy task force on ECPA and recommended creating

incentives to encrypt cellular phones. We also worked to remove a

provision in the Senate Crime bill that would require manufacturers and

providers to give law enforcement a "back door" to all encrypted voice

and data messages. 

Now both the House and Senate, in the FCC Reauthorization Bill, HR 1674,

are trying to criminalize the manufacture of scanners which pick up

cellular radio frequencies. We have met with House and Senate staff to

indicate that this is a futile effort, and to require FCC to open inquiry

into encryption options. Both the House and Senate are receptive to this.

We are drafting such a provision. While it is not clear we can defeat the

manufacturing provision, we can move the debate to consider encryption

options. 

Amendments to the Computer Fraud and Abuse statute are on the line

again.  We support amendments to limit damage to systems to cases of

intentional or reckless damage. We continue to expand our contacts on

the Hill, which now include Rep. Schumer of NY, a key member of the

Judiciary committee.

Massachusetts Computer Crime Bill

This bill, which would establish a commission to recommend a comprehensive 

approach to computer crime legislation, is on the governor's desk awaiting 

signature. If passed, EFF would be represented on the commission and would 

supply most of the research.

Federal Copyright of Government Developed Computer Software 

The EFF is joining the ACLU, library organizations, and IIA in opposing

legislation that would allow the government to copyright software

developed in cooperation with the private sector under cooperative

research arrangements. 

Government software copyright could allow the government to control the

price and dissemination of public electronic information contrary to the

public's right to know. The legislation at issue is S. 1581 (Rockefeller)

and H.R. 191 (Morella). We are meeting with staff on this in the near future.

Royalty Fees for Government Information

We are also opposing a scheme in H.R. 534 which would allow a federal

agency to charge royalties for accessing a government electronic data

base of public information. The government should not "profit" at the

expense of the public's right to know---information must be accessible to

the public in whatever format and at cost. We have joined in a group

letter and will meet with relevant staff soon.

EFF WASHINGTON POLICY EFFORTS

As we go along, we find that EFF is filling a major policy and advocacy

vacuum in Washington. The ACLU handles information technology civil

liberties issues from a civil liberties perspective. CPSR appears

heavily focused on privacy issues and an issue spotting role. EFF can

represent civil liberties and public interest in infrastructure as well

as bring the unique perspectives of both the computer industry and the

"net constituency". We work with both the ACLU and CPSR, but in ways

which give us our own voice.

Communications Policy Forum

We have become a co-sponsor of the Communications Policy Forum (CPF), in

conjunction with ACLU and the Consumer Federation of America. The purpose

of this forum is to permit consumer organizations to shape communications

goals, and explore policy options with hill, administration, each other,

and the telecommunications industry. 

The Forum held a meeting on NREN in June with consumer, library and

educational groups and key hill staff. Out of this came the Kapor/Berman

Open Road Paper, participation in the Gore bill, and a soon to be

published resource book on NREN.

In July the Forum held a consultation on electronic mail to explore

movements towards interconnection between commercial systems, Internet,

et al. We chaired the meeting with ACLU and the Electronic Mail

Association. A primer on E-Mail will soon be published and some of the

discussion will frame necessary "functionalities" such as directories we

may propose for the national public network.This fall, the CPF will

sponsor meetings on 900 numbers and on the implications of Judge Green's

MFJ opinion.

CPF is a base for initiating a "safeguards study" to explore options for

insuring that the communications infrastructure is open, free, and

accessible. We plan to use the study, which we will work on with outside

experts such as Lee Selwyn and Eli Noam, etc. to educate us as to

policies and safeguards we need to press for in any congressional

rewrite of the Communications Act of 1934.

EFF/ ACLU Joint Policy Efforts

In addition to the CPF, we are working with the ACLU on related matters

dealing with computers and the First amendment. We are jointly

supporting research on common carrier law---and expect to publish a

paper by Hank Perrit on common carrier and tort liability concepts in

the electronic age.

Mr. Neidorf Goes To Washington

Finally, we're pleased to announce that Craig Neidorf has been appointed

as the EFF's Washington intern. Neidorf's duties will include working

with the ACLU and CPSR for the EFF on a daily basis. He will also track

and attend important policy hearings on the hill as well as reporting on

different legislative initiatives to the EFF.

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                            THE EFF AT WORLDCON 

                               by Mike Godwin

At the invitation of one of the organizers of Chicon V (the World

Science Fiction Convention in Chicago), I spent Labor Day Weekend in

Chicago speaking on a number of panels that addressed EFF issues. This

is a brief report of the panels and the responses they engendered.

Thursday night was my first panel, cryptically titled "The Ambivalent

Hacker." Chaired by Jim Thomas, co-editor of the Computer Underground

Digest, the panel also included CUD co-editor Gordon Meyer, Cliff Stoll,

and me. The discussion tended to focus on defining what a hacker is

today, with an emphasis on how the definition has changed over the last

few years. Definitions of hacker ranged from the midnight computer

intruder to "anyone who tries to explore the limits of new technologies

and ideas." All of the panelists expressed concern that the motives of

most hackers not be lumped together with those of criminals, and that

the impulse to hack be directed properly rather than suppressed.

On Friday I attended two panels. The first was "Defining Infocrime:

Cracking, Security, and Enforcement." Although this panel was a bit too

big to handle properly, we did manage to survey most of the kinds of

"infocrime" we are seeing now and can expect to see more of in the

future. These ranged from traditional computer intrusion and

trade-secret theft to the misappropriation of copyrighted material.

Hugo-award-winning artist Michael Whelan addressed the latter issue in

his account of how some of his more famous artwork had been scanned and

then posted on a commercial information service with his name removed.

ACLU attorney Siobhan Murphy and I discussed the merits and flaws of the

Computer Fraud and Abuse Act, and science-fiction writer Allan Steele

declared his intention to quit using his modem altogether in order to

keep his system secure.

The second panel that evening was called "Cyberpunk Under Siege? The

Steve Jackson Games Affair and the Secret Service," and Steve Jackson

and I were the only panelists. Steve did most of the talking, recounting

the now-famous story of how the Secret Service came and nearly shut down

his business with a broad search and seizure, while I answered questions

about the relevant Constitutional and statutory provisions. This panel

was extremely well-attended--most attendees had heard about the case,

which has even been mentioned in a science-fiction novel (FALLEN ANGELS,

by Larry Niven, Jerry Pournelle, and Michael Flynn). Interest was so

great that we extended the panel for another 30 minutes beyond its

originally scheduled hour. I was very encouraged by the depth of

interest in the case among science-fiction fans, and by their generally

firm grasp of the legal and Constitutional issues in the case.

My last panel of the weekend was "The Scrambled Democracy: Computers,

Government, Privacy, and Civil Liberties." This panel also went overtime

as we discussed how developments in information technology may affect

the rights and prerogatives we now take for granted. The talk was

wide-ranging, and included discussions of anonymous cash transactions,

computer-records searches, credit-reporting agencies, and computer-crime

prosecutions. The tone was generally cautionary: most panelists wanted

to warn about the possible negative impacts new technology may have,

while everyone acknowledged that it also had some potential for

enhancing democracy too.

Of the panels and events I didn't participate in, I particularly enjoyed

two in which Cliff Stoll played a major role. The panel "See You on the

Net: Computer Communities Today and Tomorrow" focused on how virtual

communities seem to arise on the networks, defying the normal

limitations of geography. Cliff mentioned the hazards of becoming

well-known while on the Internet--he has received 15,000 pieces of email

since publication of his book THE CUCKOO'S EGG (and has tried to answer

every one of them!). Cliff also did a two-hour presentation on "Stalking

the Wily Hacker and Other Midnight Adventures," about his efforts to

track down a hacker who turned out to be attempting to sell American

secrets to the KGB. Done in Cliff's inimitable hyperkinetic style, the

presentation was notable for (among other things) Cliff's strong

emphasis on the need for people not to take his story as a justification

for cutting back on the rights of computer users.

Overall, I was pleased both with the quality of the panels and events

and with the quality of the attendees, who were generally knowledgeable

about both the technical and the social issues. I thought we all did a

credible job of presenting electronic frontier issues to a community

that is particularly interested in the shape of things to come.

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AN EFF BOF SESSION ANNOUNCED FOR SAN DIEGO USENIX CONFERENCE

EFF member and supporter Jeff Kellem has organized a BOF session for the

EFF at the upcoming USENIX Large Installation Systems Administration

Conference. The conference will be held in San Diego from September 30

to October 3, at the Hilton Beach Resort. The EFF BOF(Birds of a Feather

Session) session is scheduled for Wednesday at 8 PM.

The EFF will also be holding a BOF at Interop '91 in San Jose on Tuesday,

October 8. It will take place from 5:30-7:00 P.M. in the San Jose Civic 

Auditorium. Please come. 

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                  YOUR CHANCE TO HACK BACK ON THE MEDIA

The national convention of The Society of Professional Journalists, an

organization of roughly 18,000 members in the United States, Canada and

Japan, is meeting Oct. 17-19 in Cleveland. As part of that convention, a

seminar will be conducted on writing about computers and computer

networks.

Since over the years, cyberspace travelers have bemoaned the accuracy of

articles relating to computers, computer networks and even telephones,

we ask that you email or snail mail examples of articles that you have

found solid and others that you have found less so. Please include a

note of explanation.

The panel then will try to compile the examples, and the comments and

produce a handout for discussion. Sometime in the week after the

convention, we will post the results of the session. The names of the

panelists will be disclosed at that time since it is possible that some

of the articles that may be submitted may have been written by a panelist.

Mail paper examples to me at the address below. Where possible, the

examples should include a copy of the article, the name of the

publication and _specific_ comments. If the article is dismissed simply

as "nonsense," state that it is because paragraph 5 has failed to

adequately explain a concept, and that it would have been better to have

said it this way or that.

So, if you go into fits when you see the word "hacker" in print, please

mail by Sept. 30.

Thank you for your cooperation.

John E. Mollwitz,

Chair, Committee on New Information Technologies

The Society of Professional Journalists

c/o The Milwaukee Journal

P.O. Box 661

Milwaukee, WI 53201-0661

Electronic Mail--

Usenet: moll@mixcom.com

CompuServe: 72240,131

GEnie: J.Mollwitz

Prodigy: CKFB43A

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              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 quarterly newsletter,

EFFECTOR, 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, $40.00 per year for

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

Our privacy policy: The Electronic Frontier Foundation will never, under

any circumstances, sell any part of its membership list.  We will, from

time to time, share this list with other non-profit organizations whose

work we determine to be in line with our goals.  But with us, member

privacy is the default. This means that you must actively grant us

permission to share your name with other groups. If you do not grant

explicit permission, we assume that you do not wish your membership

disclosed to any group for any reason.

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