A Publication of the Electronic Frontier Foundation



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EFFector Online Volume 5 No. 1       2/5/1993       editors@eff.org
A Publication of the Electronic Frontier Foundation   ISSN 1062-9424
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                               In this issue:
Three perspectives of a two-day meeting in Atlanta between EFF and 
representatives of regional groups of grassroots networking activists.
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INTRODUCTION:

This past January 23rd and 24th, 11 members of the electronic 
community met in Atlanta with members of the staff and board of 
the Electronic Frontier Foundation.  The meeting lasted a day and a 
half, with topics of discussion including EFF's recent organizational 
restructuring and how groups serving the electronic community can 
work together to be more effective.  By the end of the two days, 
meeting attendees had formed a group to organize and formulate 
guidelines for continuing interchange among all who work to 
strengthen electronic communications.

This issue of EFFector Online presents some first-hand views of what 
transpired in Atlanta.  Mitch Ratcliffe, one of the members of 
This!Group out of San Francisco's Bay area, David Smith, a board 
member of the EFF-Austin group, and Jerry Berman, EFF's Executive 
Director, all offer their thoughts about the meeting.  Other meeting 
attendees were:

Dick Anderson, Delegate from EFF-Austin
John Perry Barlow, EFF Executive Committee Chairman
Judi Clark, Delegate from This!Group
Esther Dyson, EFF Board Member
Dave Farber, EFF Board Member
Cliff Figallo, EFF Online Coordinator
John Gilmore, EFF Board Member
Mike Godwin, EFF Legal Services Counsel
Mitch Kapor, EFF Board Chairman
Jon Lebkowsky, Delegate from EFF-Austin
Matt Midboe, Delegate from Huntsville, Alabama
Simona Nass, Delegate from NTE (New York)
Alexis Rosen, Delegate from NTE (New York)
Shari Steele, EFF Staff Attorney
Bob Stratton, Delegate from Washington, DC, area
Glenn Tenney, Delegate from This!Group
Ed Vielmetti, Delegate from Ann Arbor, Michigan 


     Information Activists Confer, Establish Understanding 
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by Mitch Ratcliffe

Atlanta, where the world comes everyday for news and colorized 
movies, the capitol of Cyberspace, was the setting for a discussion 
between the Electronic Frontier Foundation and information activists 
on the weekend of January 23-24. After two days of discussions, the 
parties came away with a new understanding of EFF's legislative 
agenda in coming years, and how local groups can work together to 
raise awareness of electronic freedom and privacy. 

EFF has endured a roller-coaster year, during which it wrestled with 
the growth of its influence in Washington and growing interest in 
local chapters. After the group's board of directors rejected investing 
organizational energy in local chapters and closed its Cambridge, 
Mass. office -- shifting all funding to a Washington office -- they 
faced the challenge of explaining their new role to the world. EFF's 
founders had already discovered the Internet community can be a 
fickle friend. As the group succeeded inside the Beltway, its Internet 
constituency has savaged them in e-mail and news groups. People 
have questioned their commitment to civil liberties and whether the 
EFF agenda served only its corporate sponsors. 

So, the purpose of the meeting in Atlanta was clearly two-fold. In 
addition to identifying the projects on which the attendees can work 
together, EFF needed to cultivate a chorus of voices in key virtual 
and actual forums that can articulate their new agenda. The 
representatives invited to the summit included members of the 
Austin, Texas,-based EFF chapter that has been growing for the past 
year, as well as activists from New York, San Francisco, Ann Arbor, 
Mich., and Huntsville, Ala.

EFF and the representatives of the various groups met bearing with 
them considerable defensiveness after months of crossed signals and 
animosity. What transpired was not a conversion, but a discovery of 
the personalities behind the EFF machine. Mitch Kapor and John 
Perry Barlow, the founders, and Jerry Berman, the lobbyist who has 
ascended to head the now Washington-based organization, exposed 
themselves to questioning for two days. What we found were very 
human leaders, who are as confused about perceptions of them as 
the world is about where they came from, what they have 
accomplished and how they operate in Washington. While we do not 
agree with everything they do, there is no denying that they are 
effective. Considerable educational and advocacy territories are also 
wide open for other groups who want to make them their own.

"There has been some ambiguity in people's minds with regard to 
who we are," Barlow said. "We are who we've always been. The 
changes we announced are fairly minimal. We've decided to focus a 
lot of our activities in Washington because there is a significant 
window of opportunity there"

If EFF has suffered from anything this last year, it's bad 
communication. Without a concerted effort to reach out to the Net -- 
and to everyday people who live and work on the fringes of 
Cyberspace, because they use computers, cable television and ATM 
cards -- the organization has allowed itself to become a victim of its 
own early expectations that enlightened visions of the future would 
allow them to transcend organizational and Beltway politics. Instead, 
the EFF received a fierce, full-body reality check. They've found that 
experience can be a high-sticking teacher on the black ice of life.

"We're a bunch of permanent, chronic mavericks," Kapor said. "But 
certain things became very clear when the board met to discuss our 
direction. We clarified the role of chapters, or lack of chapters, 
deciding that we did not want a centralized organization. The other 
thing that's increasingly clear is that there is a sense in certain parts 
of the net that EFF has a perceived obligation to serve particular 
constituencies. We are not trying to be the provisional government of 
Cyberspace, and we also reject the idea that we have an obligation to 
serve the good of the net," he said.

He also said his own personal animosity for running the day-to-day 
operations of a large organization had contributed to the 
miscommunication between EFF and potential chapters. 

Discussion on the first day revolved around the recently announced 
changes at EFF. After EFF presented several perspectives on its 
Washington-based strategy, the activists from around the country 
explained how their groups were founded and had begun to grow.

"We're better defined and we're capable of changing based on what 
we hear from the outside," said EFF board member Esther Dyson. "We 
are not for the net community, we're for the idea of communities. 
One that we come from and feel close to is the net community, but 
that's not the only one." 

Jerry Berman explained that EFF will continue to advocate for 
freedom of expression and extension of civil liberties into 
Cyberspace.

"We are committed to the legal services and civil liberties service 
role and we will work with people using the technology in different 
ways that will raise constitutional and public policy issues," Berman 
said, citing as an example the 2600 case the EFF has just joined with 
the American Civil Liberties Union. "With regard to those two 
functions, of representing people in trouble and civil liberties 
representation, we are on the ground. With regard to representation 
of the net community, there is a strong part of all of us who wants to 
work with grass-roots organizations outside of Washington DC." 

That outreach will come through collaboration with local information 
advocates, Berman said.

The regional groups in attendance outlined their organizations: 

This!Group, the San Francisco-based group, said that it has pursued a 
loose structure, but tightly defined projects. Without a board or 
officers in place, This!Group has not grown particularly fast. It has, 
however, begun work on a pamphlet, "Thirteen Things to Keep You 
Awake at Night at the Dawn of the Information Age", and a CD-ROM 
containing video and audio clips from the Computers, Freedom and 
Privacy Conferences I and II, and text of various electronic civil 
liberties cases and papers.

EFF-Austin, the "alpha" chapter that EFF sanctioned in 1991, has 
grown very quickly and holds monthly Cyberdawg events to reach a 
large audience of potential members. With approximately 70 
members, EFF-Austin has published "InfoDisks" of EFF-related 
documents and conducted seminars on sysop liability.

NTE, the New York group that sprung up last fall, has 50 or so active 
members. They have established a board of directors and hold 
monthly meetings in Manhattan that are well attended. Net access is 
a focus for NTE, because several public access UNIX providers have 
joined; they would also like to conduct educational programs for 
ordinary folk and the law enforcement community.

Ann Arbor, the Washington DC area and Huntsville, where people 
have discussed forming groups, were represented, as well.

Conversation about how the Net might be organized to fight 
intrusions on privacy or freedom of expression revolved around how 
EFF might act as a central clearinghouse for information. But more 
than that, it became apparent that a national action coordinator is 
needed. This person or organization must be a conduit not only 
between EFF and the regions, but also a mechanism for generating 
letters to Congress, agencies and so on (for example, imagine the 
impact of 100,000 letters sent to the National Security Agency vis-a-
vis encryption export policy -- the Director of the NSA should have 
to wonder about how people got his address by now -- but no 
such coordinated mailings have happened).

Attendees called repeatedly for a national coordinator staff member 
at EFF. They also demanded that EFF take its show on the road, 
having staffers and the board meet with activists around the 
country. However, this may have been missing the real point -- if the 
people of the Net want to have this kind of coordination, they are 
probably going to have to set the wheels in motion themselves. EFF 
has a talent for lobbying, and will be honing their legislative blade 
over the next year. The Net -- or better, people concerned about the 
extension of civil liberties into Cyberspace -- had better get to 
organizing a body that can provide these services. The message is 
that EFF is already busy. 

So came the suggestion on the second day that a federation of 
information activist organizations would be one possible solution to 
the problem. Of course, more organization may be the last thing the 
Net and activists need. But the suggestion was made and approved 
resoundingly by all. A steering committee was named to explore how 
such an organization might be launched, and to gauge the interest of 
groups like Computer Professionals for Social Responsibility, the 
American Library Association, ACLU and many others. The steering 
committee began work on a statement of principles and conjured the 
working title for the group: Congress of Information Associations 
(CIA). A Birds of a Feather session to discuss the CIA will be 
scheduled for the Third Conference on Computers, Freedom and 
Privacy in Burlingame, Calif. on March 9 - 12, 1993. (for CFP 
information, send mail to cfp93@well.sf.ca.us).

What was accomplished? The reestablishment of communication 
among members of a broad coalition, but one that has not succeeded 
in including everyone concerned about electronic communications 
and civil liberties. Contentiousness is the first law of the Net, and 
there is certain to be argument about the motivations of EFF in 
holding this conference without invitations to CPSR, ACLU and the 
thousands of activists who are reaching users in the far corners of 
the Matrix. But for those who attended, it was a weekend of 
productive face-to-face talk that may serve as the foundation for 
future collaboration and action. 

Mitch Ratcliffe
Editor at Large
MacWEEK
coyote@well.sf.ca.us
Mitch_Ratcliffe@macweek.ziff.com


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February 7, 1993

ATLANTA SUMMIT CONFERENCE

David Smith
bladex@wixer.cactus.org
[This is not intended to be a definitive account, but rather my 
personal account of what I thought was important at the Atlanta 
Summit Conference. --D.S.]

The format of the conference was (roughly) a day and a half of 
conversations while seated in a Georgia Tech campus building, 2-3 
hours of conversation while seated at a Chinese restaurant, and many 
more hours of conversation while seated in the lobby and bar of the 
hotel.

In addition to a greater understanding of the other groups and 
individuals, I learned a lot more about EFF-Austin, and how we fit 
into the "national scheme."

Take, for example, the nature of each organization. The word "civil 
liberties" was dropped more times by lunch than I had heard in 
almost a year of my own involvement with EFF-Austin. While EFF-
National works primarily as a political activist, EFF-Austin works as a 
social activist. The strength of our organization is providing a forum 
and common ground for the vast and diverse members of the Austin 
electronic community. 

While a wing of EFF-Austin may develop in the future that more 
closely resembles the traditional cyber-liberties organizations, a self-
definition of "community activist" more aptly describes not only our 
history but future goals as well.

A preconception I carried into Atlanta was thinking that the "Best 
Thing To Do" was the creation of a document, FAQ, outline, or 
guideline that served as a cookbook for creating other local groups 
across the country. After meeting and speaking with members from 
the other groups, however, I now believe a cookie sheet cut-out 
won't work, because each group exists as a function unique to their 
environment and local area.

Some examples.

San Francisco already hosts a strong Computer Professionals for 
Social Responsibility (CPSR) group as well as Bay Area MacIntosh 
User Group (BMUG). There is no need (or desire) for This!Group to 
replicate those efforts. There is no need (or desire) for another highly 
structured organization like an EFF-Austin, and so this is a very loose 
affiliation of people picking and choosing tasks that interest them. 
Judi Clark and Mitch Ratcliffe are working a CD-Rom that will be a 
combination of historical archive of the Computers Freedom and 
Privacy Conference (sound bytes, multi-media), as well as having 
600+ textfiles. Glenn Tenney mentioned as another possible project 
an informational brochure or pamphlet. 

Another example of a group being a function of their area is Matt 
Midboe, the representative from Huntsville. He cannot receive UUCP 
access in his area, much less an Internet connection. (Note: He is 
"borrowing" one from one of the Departments at his University, with 
implicit permission). Austin has at least a dozen sites to receive 
USENET newsgroups and e-mail access, so this is not an issue of 
concern for EFF-Austin.

Finally, after listening to Simona Nass and Alexis Rosen discuss the 
organization-building experiences of NTE, I am glad that we had the 
good common sense to only have *one* lawyer-type and not half a 
dozen or more. 

EFF-NATIONAL RE-ORGANIZATION

Jerry Berman, executive director of EFF-National, spoke about the 
recent reorganizations, the role of EFF, and how it operates. After 
reading the press release and litany of jilted lovers on 
comp.org.eff.talk, and after speaking with other EFF-Austin Board 
members, my impression was that EFF had engaged in a full scale 
retreat.

Berman's explanation, however, showed the re-organization as an 
attempt to realign the organization with their commitments to 
advance the cyber liberties agenda. Not only did it not work to have 
two offices, he said, but it was counter- productive, created mixed 
signals, and was not very effective. Rather than abandoning the 
communications function of the Cambridge office, they were simply 
re- consolidating inside the Beltway. Nearly every member of EFF-
National that spoke admitted to the organization having a serious 
communication problem, aggravated in part by having two offices.

Berman also left me with a greater understanding of the role that EFF 
plays in national politics. Cyberspace is a domain in the Washington 
political arena surrounded by entities who have interests other than 
the First Amendment at heart : the CIA, FBI, the military, AT&T, NSA, 
IBM, et. al. These organizations have enclosed telecommunications 
policy into a gridlock and the way EFF-National has chosen to break 
this gridlock is through alliances with as many members as possible 
in order to provide for the passing of the civil liberties agenda.

Berman gave as an example the digital telephony bill, which the FBI 
proposed, allowing law enforcement agencies (in essence) a back 
door to all encryption methods. 

EFF-National opposed this on constitutional grounds and enlisted the 
aid of several business and telecommunication industry interests. 
Perhaps these corporations were *really* concerned with the bottom 
line and thought that the scheme would be too expensive to 
implement. Perhaps they aligned with EFF-National not out of 
concern about being a good democratic citizen, but out of the desire 
to protect profits. 

So what? says the EFF-National.

The alliance was so effective that not a single member of the Senate 
nor House of Representatives sponsored the bill, when it could have 
just as easily been framed as protecting the public from terrorists or 
the need to be tough on crime etc. etc. The civil liberties agenda was 
served through alliances with industry spear-headed by EFF-
National. 

That is the dance that Jerry Berman is hosting in Washington. 

POST ATLANTA AGENDA

Besides a sense of greater understanding and co-operation between 
groups (as measured by a whole week sans flames on the 
thesegroups mailing list), some more concrete items are rising out of 
Atlanta.

The local groups banded together to present EFF-National with a joint 
proposal about what we wanted from EFF-National. Essentially we 
made a list of resource-sharing tasks that would help us out, and 
asked EFF-National to assign or hire a person to perform these tasks. 
Berman said this would be discussed at the Board Meeting (which 
was scheduled for Sunday afternoon), though no official 
announcement or follow- up as been released as of this writing.

As a direct result of contacts made in Atlanta, Matt Midboe reports 
that he has located a company interested in providing access to the 
Huntsville area.

A special Steering Committee was formed to investigate the creation 
of a formal organizational structure that will serve as an alliance 
between the cyber-liberties groups. Jon Lebkowsky immediately 
volunteered as the representative for EFF-Austin, pending Board 
approval at the next Director's meeting.

We also agreed to continue using the thesegroups mailing list as a 
forum for communication. We discussed having another conference 
in a year from now, and immediately volunteered Austin as a host 
site. <joke! joke!> EFF-Austin is also working on projects that involve 
members of different groups. 

* * *

End note :

I want to point out that both Dick Anderson and Jon Lebkowsky 
were vigorous participants in representing EFF-Austin as well. There 
just wasn't room to try and discuss everything. 

Also, I want to personally thank EFF-National for sponsoring the 
conference and taking the time to listen to our concerns. I want to 
thank EFF-National for paying for our round trip airfare and dinner 
Saturday night, as well as Mike Godwin for picking up the tab at the 
bar, even if Atlanta doesn't stock Shiner Bock.

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EFF-Austin contact information
E-mail : eff-austin@tic.com
Snailmail : PO Box 18597,  Austin, TX 78760
VoiceMail : 512-465-7871
Disclaimers : You are encouraged to re-distribute this.
document electronically. Any opinions expressed belong to
the author and not the organization. (c) 1993
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February 5, 1993

An Open Letter from Jerry Berman
Executive Director
Electronic Frontier Foundation

On January 12, 1993, the Electronic Frontier Foundation 
announced that it was moving all of its operations to Washington, DC, 
and that I was EFF's Executive Director.  At the same time, EFF 
announced that it was not going to establish formal EFF chapters 
around the country.  On January 23 and 24, members of EFF's board 
and staff met in Atlanta with representatives of groups interested in 
possible EFF affiliation to explain our decisions and discuss future 
cooperative efforts.  In this first issue of EFFector Online for 1993, we 
offer you both "grass roots" and EFF views on what this all means.  I 
am including my own first take on the changes at EFF.

First and foremost, we are consolidating our operations in 
Washington, DC, in order to better carry out our mission of fostering 
openness, individual freedom and community on the electronic 
frontier.  We want to serve as more effective advocates of policies 
and causes that increase civil liberties and democratic values in new 
digital media, and we want to engage in education and advocacy both 
with other groups who share a common mission and with "grass 
roots" citizens on and off the net who want to join with us in these 
efforts.

But why Washington?  The answer is plain:  While many of us 
are increasingly cynical about Washington, DC, and "inside the 
beltway" politics, we must also understand that the momentous 
decisions that affect our society are being made in Washington.  This 
is as true when it comes to the shaping and civilizing of cyberspace 
as with anything else.

While many who already communicate online think of the 
electronic frontier as inhabited by BBS systems, the WELL, USENET 
and other fledgling outposts of new digital communities, in fact the 
electronic frontier exists within communications wires that are 
highly regulated and structured.  Today, giant public and private 
institutions -- from the FBI to the Congress, from the FCC to the 
telephone and cable companies -- are battling between and among 
themselves over the future control and governance of the electronic 
frontier.

Recognizing the importance of being "inside the beltway," EFF 
opened the Washington office last January and ever since has 
devoted an increasing amount of staff and resources to shape the 
outcome of these policy battles in ways that are consistent with and 
supportive of civil liberties and democratic values.  Unfortunately, 
we have not communicated well about our goals and activities.  
Seldom have our electronic public interest policy efforts, or those of 
others, been discussed in EFFector or other EFF outlets.  And when 
they have, they have often been badly garbled or misconstrued.    
We can only accept full responsibility for failing to explain the civil 
liberties implications of the "ISDN thing" or to fully communicate 
EFF's leadership role in thwarting the FBI's effort to "dumb down" 
new computer and communications technologies and networks to 
carry out government wiretapping.

As none of these policy debates or issues are resolved, nor can 
they be resolved in ways that serve the public interest without 
broader citizen participation, we are restructuring our operations and 
our communications.

Soon, both EFFector and our new public policy newsletter will 
set out the critical issues.  For example, we will explain how:

* our ISDN initiative and our involvement in the NREN are 
designed to empower a diversity of electronic voices to share politics, 
commerce and culture with one another as we transition to the 
broadband networks of the next century;

* EFF will continue to coordinate a broad coalition of 
organizations -- from public interest groups like the ACLU and CPSR 
to companies interested in the future of communications like AT&T, 
Microsoft, Lotus and Sun Microsystems -- in opposition to the FBI's 
legislation to "certify" technologies and networks only when they 
meet broad, ill-defined wiretapping standards;

* EFF wants to build grass roots support for lifting export 
and other controls on encryption to guarantee the right of privacy 
and security;

* EFF  not only wants to litigate future "Steve Jackson 
Games"-type cases, but it wants to avoid the need to do so by 
establishing new Secret Service and FBI investigative guidelines that 
keep law enforcement officers from trampling on the First and 
Fourth Amendment rights of computer users;

* we want other groups to use EFFector and other EFF 
publications for communicating about their local, state and national 
policy and cultural initiatives; and

* EFF is interested in working toward a possible 
federation of electronic frontier outposts that we would join but not 
govern or control.

To accomplish this mission, we will be located in Washington 
but will maintain our presence on the Net.  We are committed to 
listen, learn and work towards common goals but maintain our 
independence.  Members of the EFF board and staff will be out and 
about, both online and off.

EFF is a unique organization, operating at a critical moment.  
Major policy decisions affecting free speech and privacy will be made 
over the next several years.  Combining technical, legislative and 
legal expertise, EFF is committed to engaging in vigorous advocacy 
for our vision of the electronic future, which we hope you share.  We 
look forward to working with you to make this vision a reality.

Jerry Berman*
EFF Executive Director

(*Before joining EFF as Washington Office and now Executive Director, 
Jerry Berman was Chief Legislative Counsel for the American Civil 
Liberties Union and founder of the  ACLU Projects on Privacy and 
Information Technology.)

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

For information on EFF membership, email <fig@eff.org> or call 
(617)576-4506.
     EFFector Online is published by
     The Electronic Frontier Foundation
     666 Pennsylvania Ave., Washington, DC 20003
     Phone: +1 202 544-9237 FAX: +1 202 547 5481
     Internet Address: eff@eff.org
     Coordination, production and shipping by Cliff Figallo, EFF 
     Online Communications Coordinator (fig@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.
=============================================================


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EFFector Online Volume 5 No. 2       2/19/1993       editors@eff.org
A Publication of the Electronic Frontier Foundation   ISSN 1062-9424
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                          In this issue:
             Update on the Steve Jackson Games Case
  Contact information for Local and Regional Groups Supporting the 
                         Online Community
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Happy Anniversary ;-) Steve Jackson Games Case!!

March 1st marks the three-year anniversary of the Secret Service 
raid on Steve Jackson Games.  As we await Judge Sam Sparks's 
decision in this precedent-setting case, EFF would like to remind 
everyone of what has happened so far.

In May of 1991, EFF reported about the case in issue #1.04 of 
EFFector Online:

    On March 1, 1990, the United States Secret Service nearly
    destroyed Steve Jackson Games (SJG), an award-winning
    publishing business in Austin, Texas.

    In an early morning raid with an unlawful and unconstitutional
    warrant, agents of the Secret Service conducted a search of the
    SJG office.  When they left they took a manuscript being prepared
    for publication, private electronic mail, and several computers,
    including the hardware and software of the SJG Computer Bulletin
    Board System.  Yet Jackson and his business were not only
    innocent of any crime, but never suspects in the first place.
    The raid had been staged on the unfounded suspicion that
    somewhere in Jackson's office there "might be" a document
    compromising the security of the 911 telephone system.

    In the months that followed, Jackson saw the business he had
    built up over many years dragged to the edge of bankruptcy. SJG
    was a successful and prestigious publisher of books and other
    materials used in adventure role-playing games.  Jackson also
    operated a computer bulletin board system (BBS) to communicate
    with his customers and writers and obtain feedback and
    suggestions on new gaming ideas.  The bulletin board was also the
    repository of private electronic mail belonging to several of its
    users.  This private mail was seized in the raid.  Despite
    repeated requests for the return of his manuscripts and
    equipment, the Secret Service has refused to comply fully.

    Today, more than a year after that raid, The Electronic Frontier
    Foundation, acting with SJG owner Steve Jackson, has filed a
    precedent setting civil suit against the United States Secret
    Service, Secret Service Agents Timothy Foley and Barbara Golden,
    Assistant United States Attorney William Cook, and Henry
    Kluepfel.

    "This is the most important case brought to date," said EFF
    general counsel Mike Godwin, "to vindicate the Constitutional
    rights of the users of computer-based communications technology.
    It will establish the Constitutional dimension of electronic
    expression.  It also will be one of the first cases that invokes
    the Electronic Communications and Privacy Act as a shield and not
    as a sword -- an act that guarantees users of this digital medium
    the same privacy protections enjoyed by those who use the
    telephone and the U.S. Mail."


As the case proceeded, the attorneys from George, Donaldson and 
Ford, who represented Steve Jackson, Steve Jackson Games, and 
Illuminati BBS users Elizabeth McCoy, Steffan O'Sullivan and Walter 
Milliken, decided to drop charges against all defendants except the 
United States Secret Service.  (This was a strategic decision made to 
ensure that the trial would proceed in a timely manner.)  The case 
went to trial in the United States District Court in Austin, Texas, from 
January 26 - 28, 1993.  The plaintiffs presented their case first with 
testimony from all of the plaintiffs themselves, Secret Service Special 
Agents Timothy Foley and Barbara Golden, former U.S. District 
Attorney William J. Cook, Bellcore security expert Henry Kluepfel, 
University of Texas security guard Larry Coutorie, WWIV BBS 
software creator Wayne Bell and a financial expert who testified to 
the amount of damages.  By the end of the second day, the plaintiffs 
rested their case.

On Thursday morning, the defense put Special Agent Timothy Foley 
back on the witness stand.  After he testified that he did not know 
that Steve Jackson Games was a publisher, that the seized computer 
equipment (3 computers, 5 hard disks, and more than 300 floppies) 
had not been accessed by Secret Service investigators after March 
27, 1990, but was not returned to Steve Jackson until late June, and 
that no copy of the information contained on the seized disks 
(including a manuscript for an upcoming publication and the 
company's business records) was ever provided to Steve Jackson, 
Agent Foley sat through a solid 15-minute reprimand from the judge 
on the unacceptability of the government's behavior.  The defense 
attorneys were so shaken by the judge's admonishments that they 
decided not to call any other witnesses.

While Judge Sparks made it clear that he found the Secret Service's 
behavior to be reprehensible, it is not clear how he will rule in this 
case.  The case was based on two rarely-construed federal statutes -- 
the Electronic Communications Privacy Act (ECPA) and the Privacy 
Protection Act (PPA).  ECPA says that government officials may not 
read private electronic mail unless they have a warrant specific to 
that mail.  No search warrant specified that Elizabeth McCoy, Steffan 
O'Sullivan or Walter Milliken had done any wrong, yet it appears that 
their mail -- in fact, ALL of the electronic mail contained on the 
system that ran the Illuminati BBS -- had been read and deleted by 
agents conducting the search at Secret Service headquarters in 
Chicago.  PPA requires that law enforcement officers follow special 
procedures when the entity to be searched is a publisher, in order to 
protect the First Amendment freedom of the press.  No special 
procedures were followed in this case.  So even if the judge finds that 
Secret Service behavior was inappropriate, it is not so clear that he 
will find that the behavior was actually in violation of these statutes.

We expect Judge Sparks will hand down his decision any time now.  
When it is issued, we will be sure to print the written opinion in an 
upcoming issue of EFFector Online.

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

Local and Regional Groups Supporting the Online Community 

Many of our members have expressed interest in joining with others 
in activities that support the online community. Below is a list of 
regional groups that are organized to work on projects to improve 
online communications. Feel free to contact any of the folks listed 
below with your ideas and to learn more about how you can get 
involved. 

We are constantly looking to update this list, so if you know of other 
groups that we should add, or if you are trying to form a group in 
your local area, please forward the name of the group and contact 
information to Shari Steele at ssteele@eff.org.


NATIONAL
Electronic Frontier Foundation
Shari Steele - ssteele@eff.org
Cliff Figallo - fig@eff.org

Electronic Frontier Foundation
666 Pennsylvania Ave., SE, #303
Washington, DC 20003
Phone: (202)544-9237 (voice)

ALABAMA
Huntsville:
Huntsville Group
Matt Midboe - mmidboe@nyx.cs.du.edu

CALIFORNIA
San Francisco Bay Area:
This!Group
Mitch Ratcliffe - coyote@well.sf.ca.us or 
Mitch_Ratcliffe@macweek.ziff.com
Glenn Tenney - tenney@netcom.com
Judi Clark - judic@netcom.com

DISTRICT OF COLUMBIA
Washington, DC, Area:
"Group 2600" and some public access operators 
Bob Stratton - strat@intercon.com
Mikki Barry - ooblick@intercon.com

MASSACHUSETTS
Cambridge:
EF128 (Electronic Frontier Route 128)
Lar Kaufman - lark@ora.com

MICHIGAN
Ann Arbor:
Ann Arbor Computer Society & others
Ed Vielmetti - emv@msen.com
msen gopher - gopher.msen.com
msen mail list - majordomo@mail.msen.com "info aacs" 

MISSOURI
Kansas City:
Greater Kansas City Sysop Association
Scott Lent - slent@vax1.umkc.edu

GKCSA
P.O. Box 14480
Parkville, MO 64152
Phone: (816)734-2949 (voice)
(816)734-4732 (data)

NEW MEXICO
Albuquerque:
FreeNet! and Noise in the Void
Stanton McCandlish - anton@hydra.unm.edu

Stanton McCandlish
8020 Central SE #405
Albuquerque, NM 87108
Phone: (505)246-8515 (data - 24hr, 1200-14400 v32bis, N-8-1) 

NEW YORK
Batavia:
Genesee Community College Group
Thomas J. Klotzbach - 3751365@mcimail.com

Thomas J. Klotzbach
Genesee Community College
Batavia, NY 14020
Phone: (716)343-0055 x358 (voice - work) 

New York City:
NTE
general - nte@panix.com
Simona Nass - simona@panix.com
Alexis Rosen - alexis@panix.com

TEXAS
Austin:
EFF-Austin
general - eff-austin@tic.com
directors - eff-austin-directors@tic.com
Jon Lebkowsky - jonl@tic.com
EFF-Austin
P.O. Box 18957
Austin, TX 78760
Phone: (512)465-7871 (voice)

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

     EFFector Online is published by
     The Electronic Frontier Foundation
     666 Pennsylvania Ave., Washington, DC 20003
     Phone: +1 202 544-9237 FAX: +1 202 547 5481
     Internet Address: eff@eff.org
     Articles by Shari Steele, EFF Staff Attorney (ssteele@eff.org)
     Coordination, production and shipping by Cliff Figallo, EFF 
     Online Communications Coordinator (fig@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, $40.00 per year 
for regular members, and $100.00 per year for organizations.  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.

=============================================================
Mail to: The Electronic Frontier Foundation, Inc.
         238 Main St.
         Cambridge, MA 02142

I wish to become a member of the EFF.  I enclose: $_______
            $20.00 (student or low income membership)
            $40.00 (regular membership)
           $100.00 (Corporate or organizational membership.
                    This allows any organization to
                    become a member of EFF.  It allows
                    such an organization, if it wishes
                    to designate up to five individuals
                    within the organization as members.)

    [  ] I enclose an additional donation of $_______

Name:

Organization:

Address:

City or Town:

State:       Zip:      Phone: (    )             (optional)

FAX: (    )              (optional)

Email 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 non-profit groups from time to time as it deems
appropriate   [ ].
                       Initials:___________________________





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EFFector Online Volume 5 No. 3       3/5/1993       editors@eff.org
A Publication of the Electronic Frontier Foundation   ISSN 1062-9424
321 lines

                    -==--==--==-<>-==--==--==- 
                          In this issue:
             Representative Markey Speaks on Tech Policy
       Announcement of Midwest Rural Datafication Meeting 
                           EFF Funding
                    -==--==--==-<>-==--==--==- 
      Coverage of Representative Markey's Speech to Computer
                    Execs on Technology Policy

In an article in the New York Times of Tuesday, February 23, 1993 
entitled "Computer Makers Told To Get Involved in Rules" by Steve 
Lohr, it was reported that Representative Edward J. Markey, 
Democrat of Massachusetts and chairman of the House subcommittee 
on telecommunications warned a gathering of computer industry 
executives at a conference in Phoenix that their industry was "in 
danger of losing out in the emerging but potentially enormous 
business of providing computer services to American homes and 
offices unless it became involved in the Federal standard-setting that 
will occur this year." Markey emphasized that, given the Clinton 
Administration's focus on technology policy, some critical steps will 
certainly take place this year toward the establishment of "a so-
called data superhighway that will eventually reach every home in 
the country." 

Markey said, "Decisions will be made this year that will affect the 
rest of your lives, and unless you participate, the rules will be cut in 
a way that may not be to your advantage." 

As the Times pointed out, "The regulated telephone industry is a 
seasoned practitioner of shaping government rules, but most 
computer and software companies are entrepreneurial upstarts that 
have grown and thrived outside the reach of regulatory controls. 
Traditionally, the industry rarely dealt with Washington."

Markey described the size of the potential market for services that a 
national network could create and how the speed at which that 
network will develop and which companies will benefit by it depend 
largely on Federal and state regulations which will be on the Federal  
table in the near future.

The Times then described ISDN as part of a plan promoted by some 
in the computer industry "to insure that digital phone service is 
available nationally at affordable rates" and as "a middle ground 
between the current technology and the super-speed fully fiber-
optic network that is often discussed. But the fiber-optics data 
highway, by most estimates, would not reach most households until 
after 2010 and at a cost of hundreds of billions of dollars.

"By contrast, the digital network could reach every office and house 
in America in less than five years, estimates Mitchell Kapor, 
president of the Electronic Frontier Foundation." 

"A computer pioneer turned advocate, Mr. Kapor is pushing Federal 
and state regulators to insure that the digital network is available, 
standardized and affordable nationally." 

The Times said that "Markey is preparing Federal legislation to push 
the digital format later this year" and quoted him as saying, "ISDN. is 
something that can be done now, and it will help unleash the next 
wave of computer and software innovation, creating jobs and 
wealth." 

Markey was further quoted as saying, "The Government should set 
standards for openness and fund pilot projects, but it isn't going to 
pay for the information highway. The money just won't be there." 

************************************************************************
                       Regional Group Activities:
************************************************************************

Submitted by Ed Vielmetti in Ann Arbor:
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

                     Preliminary Program Announcement
                        Rural Datafication:
        Achieving the goal of Ubiquitous Access to the Internet 
                             May 14, 1993
                             Chicago, IL

A joint conference focused on extending the services of the Internet 
to difficult-to-reach and typically under-served user communities. 

          Jointly sponsored by CICNet and the following state networks 
                         Illinois:          netILLINOIS
                         Indiana:           INDnet
                         Iowa:              IREN
                         Michigan:          MichNet
                         Minnesota:         MRNet
                         New York:          NYSERNet
                         Pennsylvania:      PREPnet
                         Wisconsin:         WiscNet

Conference focus and theme:
---------------------------
CICNet is pleased to announce Rural Datafication as a major 
cooperative initiative among nine networking organizations 
committed to the creation of ubiquitous data networking services 
throughout their region and, indeed, throughout the nation. As part 
of this initiative, these organizations have agreed to co-sponsor a 
conference which builds on an already successful collaboration 
between CICNet and the above networks and which will focus on two 
primary areas: 

1. Ways to most effectively respond to user communities which
    desire Internet services but which are currently unable to obtain
    Internet access.
2. Ways to best enhance existing services to those populations which 
    which make use of non-dedicated connections: i.e., users whose
    access to the Internet is via dial-up modem rather than high speed
    dedicated lines. The focus includes users who use SLIP and PPP to
    get direct connections to the Internet, and users who use Internet
    facilities via dial-up terminal emulation. 

Come, join, and assist us as we plan for increased access for such 
communities. Examples include elementary and high schools, public 
libraries, small businesses, organizations located in remote 
geographic areas, and the rapidly evolving community of users who 
need Internet access from their homes. Help us develop ideas for 
new programs and services both useful and interesting. Meet other 
people who are committed to expanding the network's usefulness. 

Intended Audience:

We invite you to meet with us to share information and successes 
you may have, to learn from the information and successes of others, 
to talk with people interested in developing the potential of 
networks, and to discuss ways to develop the rural datafication 
theme as a major initiative focused on meeting the needs of the user 
communities discussed throughout this announcement. This 
conference is specifically intended for three key communities: 

1. Providers of networked information, whether they be network 
    organizations or not, who are committed to assisting us as we
    pursue our rural datafication strategy.
2. Users of networked information: teachers, researchers, librarians, 
    scientists, lawyers, bankers -- in short, those who are interested in
    contributing to and gaining from the growing electronically-
    connected community. We are particularly interested in attracting
    users interested in the rural datafication concept. 
3. Perhaps of most importance, potential users of networked 
    information who which to either learn about the network or
    advise us on how best to construct a truly pervasive and
    ubiquitous data network.

Agenda, dates and times:
-----------------------
Friday, May 14th:
Opening remarks begin at 9:15 am
Closing remarks will conclude at 4:30 PM 
An optional early registration and opening Reception will be held on 
Thursday, May 13th from 5 - 7pm.

Location and fees:
-----------------
          McCormick Center Hotel
          Lake Shore Drive at 23rd Street
          Chicago, IL 60616
          +1.312.791.1900
          Conference room rates: Single $85; Double $95 
Conference fee: $69 -- includes Friday lunch, morning and afternoon 
breaks, and Thursday's registration reception 

To be placed on the list to receive additional information, please 
email, mail, or fax your request for additional information to: 

          email: may14@cic.net
          fax: +1.313.998.6105
          mail: Rural Datafication
                    CICNet
                    2901 Hubbard
                    Ann Arbor, MI 48105

We will need either your e-mail or postal address with the request 
for additional information. We would like you to list a particular area 
of interest that you have, relevant to the theme of the conference. 

Queries may also be directed to Julie-Elise Burroughs at 
+1.313.998.6103 or to Glee Cady at +1.313.998.6419 

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

                           EFF Funding

The Electronic Frontier Foundation (EFF) is a 501(c)(3) tax-exempt, 
nonprofit organization in Washington, D.C.  Our total budget for 1993 
will be in the neighborhood of $1.7 million.

Like many other public interest advocacy groups, EFF sustains its 
activities through membership dues, individual donations and gifts, 
and foundation and corporate grants.

Much of EFF's research on public policy and technology is conducted 
through the Communications Policy Forum (CPF).  Jointly sponsored 
by EFF, the Consumer Federation of America (CFA), and the American 
Civil Liberties Union (ACLU), CPF brings together consumer groups, 
communications and computer firms, and public policy experts to 
explore communications policy options.  CPF does not engage in 
lobbying or take positions on issues.  It is broadly supported by 
foundations and corporations with widely divergent and conflicting 
views on communications policy.  Funders include:

Adobe Systems              Apple Computers
AT&T                       Bauman Foundation
Bell Atlantic              Benton Foundation
Dun & Bradstreet           Electronic Mail Association
IBM                        Interval Researc
Lotus Development Corp.    MCI Telecommunications
Microsoft Corporation      Newspaper Assoc. of America
NCTA                       RSA Data Security
Sun Microsystems           Tides Foundation

EFF's policy goals and advocacy positions are determined by EFF's 
board and staff.  In support of these positions, EFF does, from time to 
time, assemble political coalitions that include EFF corporate funders 
and other public interest organizations.  For example, corporations 
such as Lotus Development Corporation, Microsoft, and Apple 
Computer have contributed funding for EFF's digital privacy work.

Major individual donations and foundation and corporate grants
range from $10,000 to $250,000.  EFF also receives many smaller
donations from individuals supportive of its work.  EFF has over 
1,000 members who pay dues of either $40 or $20 annually.
=============================================================

     EFFector Online is published by
     The Electronic Frontier Foundation
     666 Pennsylvania Ave., Washington, DC 20003
     Phone: +1 202 544-9237 FAX: +1 202 547 5481
     Internet Address: eff@eff.org
     Coordination, production and shipping by Cliff Figallo, EFF 
     Online Communications Coordinator (fig@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, $40.00 per year 
for regular members, and $100.00 per year for organizations.  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.

=============================================================
Mail to: The Electronic Frontier Foundation, Inc.
         238 Main St.
         Cambridge, MA 02142

I wish to become a member of the EFF.  I enclose: $_______
            $20.00 (student or low income membership)
            $40.00 (regular membership)

    [  ] I enclose an additional donation of $_______

Name:

Organization:

Address:

City or Town:

State:       Zip:      Phone: (    )             (optional)

FAX: (    )              (optional)

Email 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 non-profit groups from time to time as it deems
appropriate   [ ].
                       Initials:___________________________


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EFFector Online Volume 5 No. 4       3/19/1993       editors@eff.org
A Publication of the Electronic Frontier Foundation   ISSN 1062-9424
389 lines

                  -==--==--==-<>-==--==--==- 
                        In this issue:
            Victory in the Steve Jackson Games Case
              EFF Pioneer Award Winners for 1993
               Issues for K-12 Access to the Internet
                   -==--==--==-<>-==--==--==- 

               STEVE JACKSON GAMES WINS LAWSUIT 
                  AGAINST U.S. SECRET SERVICE

A games publisher has won a lawsuit against the U.S. Secret Service 
and the federal government in a ground-breaking case involving 
computer publications and electronic mail privacy.

In a decision announced in Austin, Texas, on March 12, Judge Sam 
Sparks of the federal district court for the Western District of Texas 
announced that the case of Steve Jackson Games et al. versus the U.S. 
Secret Service and the United States Government has been decided 
for the plaintiffs.

The plaintiffs, which include Steve Jackson, the company he founded, 
and three users of the company's bulletin board system (BBS), sued 
the government on claims that their statutory rights to electronic 
mail privacy had been violated when the BBS and other computers, 
disks and printouts were seized by the Secret Service as part of a 
computer crime investigation.  These rights are protected under the 
Electronic Communications Privacy Act (ECPA), which extended most 
of the protections of the federal Wiretap Act ("Title III") to electronic 
mail.

Jackson and his company also claimed violations of the Privacy 
Protection Act of 1980, a federal law designed to limit searches of 
publishers in order to protect their First Amendment rights.

Mitch Kapor, founder and chairman of the board for the Electronic 
Frontier Foundation, the public interest/civil liberties organization 
that has underwritten and supported the case since it was filed in 
1991, said he is pleased with the decision.  "This decision vindicates 
our position that users of computer bulletin board systems are 
engaging in Constitutionally protected speech," Kapor said.

"This decision shows that perseverance pays off," he added.  "We've 
been at this for almost three years now, and we still don't know if it's 
over -- the Justice Department might appeal it."  Nevertheless, Kapor 
said he is optimistic about the case's ultimate outcome.

Judge Sparks awarded more than $50,000 in damages to Steve 
Jackson Games, citing lost profits and violations of the Privacy 
Protection Act of 1980.  In addition, the judge awarded each plaintiff 
$1,000 under the Electronic Communications Privacy Act for the 
Secret Service seizure of their stored electronic mail.  The judge also 
stated that plaintiffs would be reimbursed for their attorneys's fees.

The judge did not find that Secret Service agents had "intercepted" 
the electronic communications that were captured when agents 
seized the Illuminati BBS in an early morning raid in the spring of 
1990 as part of a computer crime investigation.  The judge did find, 
however, that the ECPA had been violated by the agents's seizure of 
stored electronic communications on the system.

The case was tried in Austin, Texas, by the Austin-based media law 
firm George, Donaldson & Ford, with case assistance provided by the 
Boston, Massachusetts, law firm of Silverglate & Good.

Pete Kennedy, the lawyer from George, Donaldson & Ford who 
litigated the case, calls the decision "a solid first step toward 
recognizing that computer communications should be as well-
protected as telephone communications."  Kennedy also said he 
believes the case has particular significance for those who use 
computers to prepare and distribute publications.  "There is a strong 
indication from the judge's decision that the medium of publication is 
irrelevant," he said, adding that "electronic publishers have the same 
protections against law enforcement intrusions as traditional 
publishers like newspapers and magazines.  All publishers that use 
computers should be heartened by this decision.  It indicates that the 
works-in-progress of all types of publications are protected under 
the Privacy Protection Act.

"The case also demonstrates that there are limits on the kinds of 
defenses law enforcement agents can use, Kennedy said, noting that 
"the judge made it very clear that it is no excuse that the seizure of 
draft material for publication held on a computer was incidental or 
accidental."

Mike Godwin, an attorney for the Electronic Frontier Foundation who 
has worked on the case since 1990, said he is pleased with the scope 
of the decision.  "This case is a major step forward in protecting the 
rights of those who use computers to send private mail to each other 
or who use computers to create and disseminate publications."

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

                SECOND ANNUAL EFF PIONEER AWARDS 

On March 10, at the Computers, Freedom and Privacy Conference in 
Burlingame, California, the Electronic Frontier Foundation presented 
its Second Annual Pioneer Awards to five recipients who were 
judged to have made significant and influential contributions to the 
field of computer-based communications.  The 1993 Pioneer Award 
recipients were Paul Baran, Vinton Cerf, Ward Christensen, Dave 
Hughes and the USENET software developers,  represented by the 
software's originators Tom Truscott and Jim Ellis.

Nominations for the Pioneer Awards were carried out over national 
and international computer-communication systems from November 
1992 to February 1993.   A panel of four judges selected the winners 
from these nominations.

The Pioneer Award Recipients

Paul Baran was the original inventor of the notion of packet 
switching, a technology of fundamental importance to data networks.  
Packet switching makes possible the efficient and simultaneous 
transmission of many messages from many sources to many 
destinations over the same circuit.  Mr. Baran's innovations in other 
and related technologies have led him to co-found a number of 
companies in Silicon Valley including Telebit, Packet Technologies (a 
portion of which later became StrataCom), Equatorial 
Communications, Metricom, InterFax and his current venture, Com21. 

Dr. Vinton Cerf led the research project which developed the TCP/IP 
protocol suite, the open system interconnection protocol which is 
used today by schools, government, corporations and an increasing 
number of individuals to communicate with each other over the 
Internet.  Dr. Cerf also participated in the development of the 
ARPANET host protocols and managed the Internet, Packet 
Communications and Networked Security programs for DARPA.  
While working at MCI, he led the engineering effort to develop MCI 
Mail.  He is now vice president of the Corporation for National 
Research Initiatives where he is responsible for projects involving 
the Internet, electronic mail, and Knowledge Robot research.

Ward Christensen wrote the original software program, 
"MODEM.ASM", which came to be called "Xmodem" or the 
"Christensen protocol".  For untold numbers of early-to-present day 
computer communications users, Xmodem has made it possible to 
transfer files, error-free, over phone lines from one computer to 
another.  Xmodem file transfer has been the major means of 
information exchange for computer hobbyists and small business 
users through the first decade of the personal computer revolution.  
Mr. Christensen also programmed the first microcomputer dial-in 
system which he named a "BBS" - bulletin board system. His original 
BBS, CBBS/Chicago, is still in operation.  He is in his 25th year at IBM. 

Dave Hughes has been an outspoken and effective grassroots 
evangelist and spokesperson for popular computer networking and 
electronic democracy for over a decade.  He fashioned his own 
computer system at Old Colorado City Communications in1985, and 
soon brought the municipal elected government of Colorado Springs 
online.  He helped design and implement a personal computer 
network connecting  one-room rural schoolhouses in Montana to 
worldwide information  resources.  He continually brings network 
connections and new applications to new populations here and 
abroad.  Perhaps most importantly, he is a tireless and enthusiastic 
communicator, offering  his experience, his inspiration and his vision 
to any and all on the Net.

USENET is a distributed bulletin board system with approximately 
two million readers worldwide. It came into being in late1979 
through the inspiration of Tom Truscott and Jim Ellis combined with 
the design and programming efforts of Steve Bellovin, Stephen 
Daniel, and Dennis Rockwell.  Following USENET's introduction in 
1980, the resulting and ever-expanding collection of "newsgroups" 
began to be carried and circulated by a growing number of 
networked sites.  The ongoing work of numerous individuals has 
allowed Usenet to survive its increasing popularity.  The daily traffic 
is now approximately 20,000 articles, totaling 50 megabytes, posted 
to 2000 different newsgroups.

Tom Truscott is currently a distributed computing professional at 
IBM in the Research Triangle Park, North Carolina. He has authored a 
number of UNIX-related articles, and is a member of ACM, IEEE, and 
Sigma Xi.

James Ellis is currently the Manager of Technical Development at the 
Computer Emergency Response Team, which is the team created to 
assist Internet sites with computer security incidents. At CERT, he is 
responsible for analyzing UNIX system vulnerabilities and for 
developing tools to assist in the handling of security incidents. 

Judges

This year's judges for the Pioneer Awards were: Jim Warren, Pioneer 
Award recipient from 1992 who coordinated the judging process, 
Steve Cisler of Apple Computer, Esther Dyson, editor of Release 1.0, 
and Bob Metcalfe, Editor of Infoworld.

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

                   COMMUNICATIONS POLICY FORUM

          CPF Airs Issues for K-12 Access to the Internet
                        by Andrew Blau

      The Communications Policy Forum (CPF), a non-partisan project 
of the EFF that brings stakeholders together to discuss 
communications policy issues, recently convened a roundtable to 
explore some of the legal questions that arise when K-12 schools 
provide Internet access to their students.  Approximately 15 people, 
representing carriers who provide connections to the Internet, 
schools or school systems who are connected to the Internet, and 
legal experts with expertise in this and related areas, met to discuss 
issues of legal liability as this new medium enters an educational 
setting for minors.
      A key concern is that students may be exposed to material that 
parents or teachers find inappropriate for children.  In other 
electronic media, such as broadcast television, cable TV, and 
audiotext, legal restrictions have been imposed to protect children 
from ÒharmfulÓ or ÒindecentÓ material, and liability has been 
assigned.  No such framework exists for the Internet.  Moreover, the 
very strengths of the Internet Ð its decentralized, unhierarchical, and 
essentially uncontrolled flow of traffic Ð offer distinct challenges to 
those who would seek to control it in the interest of protecting 
children.  Finally, the tools available in other media Ð safe harbors, 
lockboxes, or subscription schemes Ð don't fit in this environment. 
Issues and Suggestions
      Following a brief summary of the Internet and how it operates 
and a review of how it is being used by a handful of K-12 
institutions, participants identified specific problems and policy 
issues and considered existing statutes and case law for guidance.  
The group also considered the potential effects of "harmful to 
minors" or "obscene as to minors" statutes, which are on the books in 
41 states.  Although they are often vague or broad, the Supreme 
Court has agreed that it is constitutional to have such laws which 
prohibit the dissemination to minors of material that is protected by 
the First Amendment and would be constitutional for adults, to 
minors.
      Discussion then turned to various practical measures that carriers 
and schools might take in light of what had been described.  One 
suggestion was that carriers work with school systems to provide a 
recommended set of features or services.  In order to protect 
themselves, carriers could ensure that the school put in place a set of 
policies, identify for students their responsibilities, and place a 
teacher or other adult in control of what students access through the 
school's connection.
      It was also suggested that carriers could develop a contract that 
only connects schools that agree to indemnify the provider.  
Moreover, the carrier could require assurance that when access is 
provided to minors, the school will use some formal agreement with 
the minor's parent that includes provisions that hold the network 
provider harmless from liability.
      As an alternative, it was suggested that carriers could offer a 
simple warning to schools that alerts them that Internet access may 
enable access to materials inappropriate for minors, and that local 
discretion is advised.  Schools could also offer disclaimers to parents 
modelled on those that parents are given before a field trip.
      A handful of technical solutions were suggested throughout the 
course of the meeting, and many elicited substantial interest.  For 
example, various participants suggested using encryption, programs 
that flag key words or phrases and route them for human 
intervention, and mandatory password protection for all purveyors 
of certain kinds of information.
      Many participants seemed intrigued by a proposal to develop an 
addressing standard under which someone who gets access by virtue 
of his/her status as a K-12 student could get an address tag that 
identifies the student as such for various purposes.  One example 
would be to press for the creation of an additional domain of ".stu" 
for K-12 students.  The appearance of the ".stu" tag would function 
like any other identification stamp for access to certain materials.
      Statutory immunity for carriers was also seen by almost all 
participants as highly desirable and worth pursuing.  Developing a 
legislative strategy may also highlight how these issues in the K-12 
setting are linked to and can be addressed in partnership with other 
issues and other sectors of the communications field.
      It was also noted that all those interested in K-12 networking 
need to educate the new Administration as it considers "information 
highways," a new Federal Communications Commission, the 
implementation of the NREN, and other programs.  According to this 
approach, a critical first step is to educate as many new players as 
possible, including Congressional staff and the new administration, 
that addressing these liability issues is part of the package of 
building the networks of tomorrow.
Conclusion
      By the end of the session, most participants agreed that there are 
no easy answers to the issues raised.
      Yet participants also agreed that if the community of interested 
educators, carriers, and public interest groups could establish 
workable models and promote a positive agenda with lawmakers, 
instead of waiting for problems to arise, the resulting legislative and 
regulatory framework would be far more likely to cultivate 
educational access, as well as to provide a model for broadband 
policy as a whole.
      The value of the Internet as an educational resource is clear.  As 
one educator pointed out, our schools lose both students and teachers 
because of inadequate access to resources; the Internet can enrich 
the resources available to both teachers and students and is not 
something that only universities should enjoy.  The challenge is to 
articulate a policy framework that can enable that potential to be 
realized and then to work to see that framework constructed.

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EFFector Online Volume 5 No. 5       4/2/1993       editors@eff.org
A Publication of the Electronic Frontier Foundation   ISSN 1062-9424
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                  -==--==--==-<>-==--==--==- 
                        In this issue:
          Keys to Privacy in the Digital Information Age
        What's Important About the Medphone Libel Case?
                   -==--==--==-<>-==--==--==- 

          Keys to Privacy in the Digital Information Age
              by Jerry Berman and Daniel J. Weitzner 

   With dramatic increases in reliance on digital media for 
communications, the need for comprehensive protection of privacy in 
these media grows.  For many reading this newsletter, the point may 
seem trite, but the scope of the digital communications revolution (of 
which we only stand at the very beginning), poses major new 
challenges for those concerned about protecting communications 
privacy.  Communication carried on paper through the mail system, 
or over the wire-based public telephone network, is relatively secure 
from random intrusion by others.  But the same communication 
carried, for example, over a cellular or other wireless communication 
system is vulnerable to being intercepted by anyone who has very 
inexpensive, easy-to-obtain, scanning technology.  If designed and 
deployed properly, communications technology has the potential to 
actually support and enhance the level of privacy that we all enjoy.  
But if, in the design process, privacy concerns are slighted, whether 
consciously or not, privacy may be compromised.

   Public policy has a critical impact on the degree of privacy 
protection afforded by the new communications systems now being 
designed and deployed for public use.  Two ongoing public policy 
issues present the challenges of digital privacy protection in sharp 
relief.  In the first case, government policy seeks to limit the 
introduction of robust encryption technologies.  Motivated by 
national security concerns, the National Security Agency is using 
export control regulations to discourage the widespread foreign and 
domestic adoption of strong encryption systems.  The NSA's 
reasoning is if uncrackable encryption is available, the NSA will be 
powerless to intercept the communications of foreign espionage 
agents operating in and around the United States.  However, the 
NSA's restriction on the use of powerful encryption systems limits 
the ability of all who rely on electronic communication systems to 
protect their privacy.

   Second, on the domestic front, the FBI has proposed a 
comprehensive licensing regime that would require all new 
communications systems to be certified as "wire-tappable" before 
their introduction into the market.  This proposal threatens to force 
the widespread use of communications systems that have "back 
doors" in them that make them inherently insecure and to expand 
the scope of the FBI's wiretapping authority to an unspecified degree.  
Although these two proposals are now being pursued in independent 
policy arenas, it is critical to view them together in order to 
appreciate the full implications for privacy.

Encryption Policy
   For the individual who relies on digital communications media, 
reliable privacy protection cannot be achieved without the protection 
of robust encryption technology.  While legal restrictions on the use 
of scanners or other technology that might facilitate such invasions of 
privacy seem to be attractive preventative measures, these are not 
lasting or comprehensive solutions.  We should have a guarantee -- 
with physics and mathematics, not only  with laws -- that we can 
give ourselves real privacy of personal communications through 
technical means.  We already know how to do this, but we have not 
made encryption technology widely available for public use because 
of public policy barriers.  The actual debate going on involves both 
the National Security Agency and the National Institute of Standards 
and Technology.  They are in the process of deciding what version of 
a particularly strong type of encryption system ought to be promoted 
for public use.  Called Public Key Encryption systems, these coding 
systems derive their strength, in part, from the size of the ÒkeyÓ used 
to encrypt the message.

   In examining discrete issues such as the desirability of various 
cryptography standards, we take a comprehensive view of "digital 
privacy" policy as a whole.  Such a comprehensive view requires a 
clear vision of the underlying civil liberties issues at stake:  privacy 
and free speech.  It also requires looking beyond the cryptography 
questions raised by many to include some of law enforcement's 
recent concerns about the pace of digital infrastructure innovation.  
For the sake of promoting innovation and protecting civil liberties, 
we must also bear in mind the principle that computer security 
policy is fundamentally a concern for domestic, civilian agencies.

   Inasmuch as digital privacy policy has broad implications for 
constitutional rights of free speech and privacy, these issues must be 
explored and resolved in an open, civilian policy context.  This 
principle is clearly articulated in the Computer Security Act of 1987.  
These questions are simply too important to be decided by the 
national security establishment alone.  The structure of the Act arose, 
in significant part, from the concern that the national security 
establishment was exercising undue control over the flow of public 
information and the use of information technology.  When 
considering the law in 1986, the Congress asked the question, 
"Whether it is proper for a super-secret agency [the NSA] that 
operates without public scrutiny to involve itself in domestic 
activities...?"  The answer was a clear no, and the authority for 
establishing computer security policy was vested in NIST (then the 
National Bureau of Standards).

   In this context, we need a robust public debate over our 
government's continuing heavy-handed efforts to control 
commercially developed cryptography.  It is no secret that 
throughout the cold war era, the Defense and State Departments and 
the National Security Agency have used any and all means, including 
threats of prosecution, control over research and denial of export 
licenses, to prevent advanced secret coding capabilities from getting 
into the hands of our adversaries.  NSA does this to maximize its 
ability to intercept and crack all international communications of 
national security interest.

   Now the Cold War is over, but the practice continues.  In recent 
years, Lotus, Microsoft, and others have developed or tried to 
incorporate powerful encryption means into mass market software to 
enhance the security and privacy of business, financial, and personal 
communications.  In an era of computer crime, sophisticated 
surveillance technologies and industrial espionage, it is a laudable 
goal.

   Although NSA does not have the authority to interfere with 
domestic distribution encryption systems, its licensing stranglehold 
over foreign distribution has significant domestic consequences.  
United States firms have been unable to sell competitive security and 
privacy products in international markets.  More important, because 
the cost of producing two different products is often prohibitive, NSA 
policy encourages firms to produce a single product for both 
domestic  and worldwide use, resulting in sub-standard privacy and 
security  for users both here and abroad.

   While we all recognize that NSA has legitimate national security 
concerns in the post cold war era, this is a seriously flawed process.  
Foreign countries or entities who want to obtain advanced encryption 
technology can purchase it through intermediaries in the United 
States or from companies in a host of foreign countries who are not 
subject to US export restrictions.  By taking a page out of the 
Emperor's New Clothes, NSA opts to act as if the process works by 
continuing to block export.

   In order to get some improvement in mass market encryption, the 
computer industry had to resort to using the threat of legislation to 
get NSA to engage in the negotiations that finally led NSA to agree to 
expedited clearance for the export of  encryption software of limited 
key lengths.  Still, all concede that the agreement does not go far 
enough and that far more powerful products are commonly available 
in the US.  The remaining limits specifying maximum key lengths 
offers little long-term security given advances in computer 
processing power.

   Does this kind of policy make any sense in the post Cold War era?  
Mass market products offer limited security for our citizens.  
Determined adversaries can obtain much more powerful products 
from foreign countries or by purchasing it here in the US.  Is the NSA 
policy of slowing down the pace of encryption use by foreigners and 
adversaries -- and there's some debate as to whether the NSA policy 
really does slow down that pace -- any longer worth the  significant 
price we pay in terms of failing to meet our own communications 
privacy and security needs?  We don't think so.

FBI's Digital Telephony Proposal 
   The public policy debate on electronic privacy issues over the last 
few years has demonstrated that a comprehensive approach to 
digital privacy policy cannot be complete without examining both 
questions regarding the availability of encryption technology and the 
corresponding infrastructure issues, such as those raised by the FBI's 
Digital Telephony Proposal.

   Last year, the FBI first proposed a "Sense of the Congress" 
resolution stating that communications firms and computer and 
communications equipment manufacturers were obligated to provide 
law enforcement access to the "plain text" of all voice, data and video 
communications, including communications using software 
encryption.  The Electronic Frontier Foundation (EFF) played an 
active and leading role both in opposing such a law and in seeking to 
find more acceptable means for meeting legitimate law enforcement 
needs.  Because of our advocacy and coalition-building efforts with 
communications and privacy groups, we were successful in 
persuading Senate Judiciary Chairman Joseph Biden to remove the 
Sense of the Congress Resolution from active consideration as part of 
Omnibus crime legislation last year.

   Putting aside its attempt to control the use of encryption systems, 
last year the FBI proposed legislation that would require telephone 
companies, electronic information providers, and computer and 
communications equipment manufacturers to seek an FCC "license" or 
Attorney General "certification" that their technologies are 
susceptible to electronic surveillance.  EFF fears we are in danger of 
creating a domestic version of the export control laws for computer 
and communications technology.

   While the FBI claims that neither of last year's proposals address 
encryption issues, the Bureau has made it clear it plans to return to 
this issue in the future.  A broad-based coalition of public interest 
and industry groups, coordinated by the Electronic Frontier 
Foundation, has called on the FBI to explore more realistic, less 
vague, and less potentially onerous policy options for meeting 
legitimate law enforcement needs.  The EFF-coordinated coalition 
includes over 30 industry groups (including AT&T, Lotus, Microsoft, 
Sun Microsystems, IBM and Digital Equipment) along with public 
interest organizations such as the American Civil Liberties Union and 
Computer Professionals for Social Responsibility.  Last year the 
coalition was successful at stopping two separate FBI legislative 
attempts, but we fully expect that the Digital Telephony proposal will 
be back on the table.

TOWARD A COMPREHENSIVE VISION OF COMMUNICATIONS PRIVACY 
IN THE INFORMATION AGE
   At times, the arcana of encryption standards, export control laws, 
and technical specifications of new digital telephony equipment may 
unfortunately obscure the critical issues at stake in protecting 
individual privacy.  Many people are already relying on digital media 
-- whether electronic mail, bulletin board systems, or other new 
media -- for a plethora of personal, political, professional, and 
cultural communications tasks.  To provide adequate privacy 
protection in the future, we will have to learn to wrestle with both 
technical details and constitutional principles together, simply 
because more and more of our personal activities will be pursued 
through new digital media.

   The multi-front battle being waged about digital privacy creates 
formidable roadblocks to a final resolution of the policy disputes at 
issue.  Neither the restrictions of encryption, nor the FBI's wiretap 
concerns, can be thoroughly addressed independent of the other.  
Those who seek greater privacy and security cannot trust a 
settlement on one front, because their victory is likely to be 
undermined by action on the other issue.  And law enforcement and 
national security concerns cannot be adequately addressed without a 
sense of the overall solution being proposed on both the encryption 
and infrastructure fronts.  It is time for policymakers to conduct a 
comprehensive review of digital privacy and security policy, with a 
consideration of both of these sets of issues.

   In the case of the FBI's Digital Telephony proposal, we must tread 
carefully.  Current laws governing wiretapping authority, for 
example, reflect a subtle balance between the guarantees of privacy 
and security from state intervention embodied in our constitutional 
tradition on the one hand, and the needs of law enforcement, on the 
other.  The rule developed for one medium -- voice telephony -- 
cannot be mechanically extended to the host of new communications 
options now becoming available.  Rather, we must give careful 
consideration to the scope of wiretap authority that is appropriate to 
the new media that the FBI seek to sweep under their wiretap 
authority.  In the case of encryption policy, it is critical that private 
citizens have access to affordable, effective, and legal encryption 
technology.  In the information age, concerns for protecting 
individual privacy should take precedence over outmoded national 
security concerns left over from the Cold War.

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

        "What's Important About the Medphone Libel Case?" 

                         By Mike Godwin

   Online conferencing seems so much like informal conversation that 
it may come as a surprise to some people to discover that they may 
be bound by the same libel law that applies to The New York Times. 
It certainly came as a surprise to Peter DeNigris, who is now being 
sued for statements he made while participating in a forum on 
Prodigy. But a look at the law of defamation (of which libel law is a 
major part) makes clear that there's no reason to believe that online 
statements are "immune" from libel lawsuits.

_What is defamation and what is libel?_

   A communication is considered defamatory if it tends to damage 
someone's reputation. Some legal definitions of "defamation" also 
specify that the communication has to be false. If a communication is 
both false and it defames someone, the person whose reputation is 
injured can sue for damages. In general, if the defamation is 
*spoken* in the direct presence of an audience, it's called "slander"; 
defamation in print or in other media is normally called "libel."

   Libel law is an area of great interest for the people who run online 
forums. If a newspaper or TV station "republishes" a false 
defamatory statement, the defamed person can sue the newspaper or 
the station for damages *in addition* to suing the person who made 
the original false statement. The big question for online forum 
operators, like CompuServe and Prodigy, is the extent to which the 
services will be treated like newspapers and TV stations and made 
responsible for "republication" of libel.

   A possible answer to this question appeared in a recent case called 
Cubby Inc. v. CompuServe. In that case, which took place in a federal 
district court in New York, the judge dismissed a libel suit that had 
been brought against CompuServe as a "republisher." In that case, 
the judge held that CompuServe is less like a newspaper or TV 
station than like a library or bookstore owner or book distributor. 
Although libel law, as limited by the First Amendment, allows print 
and TV "republishers" to be liable for defamation, it does not allow 
such liability for those who run bookstores or libraries; holding the 
latter liable would create a burden on these parties to review every 
book they carry for defamatory material. This burden would "chill" 
the distribution of books (not to mention causing some people to get 
out of the bookstore or library business) and thus would come into 
serious conflict with the First Amendment. 

   But the issues raised in this new libel suit involving Prodigy are 
different from those in Cubby v. CompuServe. 

_The facts of Medphone v. DeNigris_

   Peter DeNigis is being sued by the medical-instrument 
manufacturer Medphone for statements he made in the Money Talk 
forum on Prodigy. Medphone is claiming that DeNigris engaged in a 
"systematic program for defamation and trade disparagement" 
against the company, and is suing on business-libel and securities-
fraud theories. The company decided to sue DeNigris after its stock 
price plummeted in a way that seemed "not objectively related to the 
company's performance"--according to the company's press release, 
its sales had been going up, and it had recently formed two 
important business alliances. Medphone was alerted to the possible 
cause of the stock decline when a stockholder notified the company 
about DeNigris's "frequent" statements about the company on 
Prodigy.

   One example of a DeNigris posting (on Sept. 7), appeared in the LOS 
ANGELES TIMES account of the story: "Is the end near for 
Medphone?????????? Stock is quoted 25 cents to 38 cents. Closed at 
a new low Friday, at (38 cents). My research indicated company is 
really having a difficult time. No case, no sales, no profits, and 
terrible management. This company appears to be a fraud. Probably 
will cease operations soon." 

   Note that this statement does not prove that DeNigris has 
committed libel. DeNigris is reported to have lost $9000 on 
Medphone stock that he sold in November, so he may have good-
faith reasons to believe what he was saying about the company. He 
insists his opinions, as stated, are "fair" and "can be documented" by 
leading publications. If his statements turn out to be true, or even if 
it turns out that they're false but that he had a good-faith belief that 
the statements are true, it could mean that he'll win the libel case 
against him.

   This does not mean, however, that there is not a credible case 
against him. For one thing, the comment about "fraud" is a very 
serious and extreme charge and arguably cannot be based merely on 
the stock's or company's underperformance. For another, DeNigris is 
alleged to have called Prodigy several times a day to post negative 
statements about Medphone, which could be credibly interpreted as 
a plan to affect the company's reputation and stock price.

_Does this case raise any new legal issues?_ 

   The major difference between Medphone v. DeNigris and Cubby 
Inc. v. CompuServe is that there has been no effort to hold the online 
forum (Prodigy) liable as a republisher. This means that the 
complicated legal issue of "republisher liability" doesn't arise. 

   This makes the case a lot simpler legally. It is a well-settled legal 
principle that the person who *originates* a defamatory statement 
may be held liable for defamation. Although the Electronic Frontier 
Foundation and other groups have taken the position (consistent with 
Cubby) that the owners and operators of digital forums, as 
*republishers*, deserve the same protections as republishers in other 
media, none of these groups has taken the position that there is 
something different about a defamatory statement on a digital forum 
that makes it less damaging or less libelous than if it appears in 
other media.

   Some people argue, however, that Prodigy *should* be a party to 
this lawsuit, or perhaps to another lawsuit. They argue that since 
Prodigy prescreens its messages, it's less like a bookstore and more 
like, say, USA Today. And they're troubled by the fact that Prodigy 
turned over records of some of its subscribers' messages to 
Medphone's and DeNigris's lawyers--isn't this a violation of the 
subscribers' privacy rights? 

Let's address these criticisms in detail: 

   Some Prodigy subscribers apparently are arguing that Prodigy 
should be a codefendant along with DeNigris, a position that seems 
grounded in part on a simplistic understanding of traditional libel 
law and in part on subscribers' innate sympathy to the plight of 
another subscriber. There are two good reasons to disagree with this 
position: a) In general, when republishers are held liable for 
defamation, it tends to create a chilling effect on their medium. b) In 
particular, Prodigy now says it does not prescreen messages for 
content (other than bouncing postings with profane language--this is 
apparently done through software). Following Cubby v. CompuServe, 
and absent any facts to the contrary, there is no reason to think 
Prodigy should be a party. (Nor is there any legal reason to think 
that Peter DeNigris cannot be a defendant.) And even if there were a 
good reason for Prodigy to be a party, it's up to Medphone and its 
lawyers, not to anyone else, whether to sue Prodigy.

   With regard to the privacy rights of subscribers, it should be noted 
that Prodigy turned over records of subscriber messages to 
Medphone's lawyers (and, apparently, to DeNigris's lawyers) *in 
response to subpoenas.* This suggests that there is no violation of the 
Electronic Communications Privacy Act, which authorizes disclosure 
of stored electronic communications in response to subpoena. What's 
more, Prodigy could have been held in contempt of court had it *not* 
complied with the subpoenas. 

   At this point, at least, it seems that the Medphone case does not 
raise any of the complicated legal issues we might expect to find in a 
libel lawsuit involving an online forum.

_What is significant about this case?_

   But even if the case does not raise new legal issues, it certainly 
seems to have raised a new social issue. Specifically, it shows that the 
very same technology that empowers people to be their own 
reporters and editors has also created a new potential for them to be 
defendants. In the old days, individuals who didn't work for 
newspapers or TV stations rarely had to think about the potential 
that they might be sued for libel--after all, there wasn't much risk 
that even an intentionally irresponsible statement was going to do a 
significant fraction of the damage that might be done through a 
libelous newspaper article or TV broadcast. 

   But just as the increasingly common phenomenon of online forums 
creates the possibility for each of us to reach vast, new audiences, it 
also creates the potential for us to commit defamation on a vast new 
scale. And there isn't any legal ambiguity about whether we can be 
sued for the defamation that we create ourselves.

   So, the Medphone case does turn out to be significant in a major 
way--not because it breaks any new legal ground, but because it 
serves as a warning signal for the increasing number of Americans 
who publish their opinions online. Absent some new legislation that 
would give online discussions *more* freedom than the traditional 
press, participants in online forums will have to learn the same rules 
that generations of professional journalists have already learned--
say something defamatory about somebody to a large audience, and 
that statement may come back to haunt you. 

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

     EFFector Online is published by
     The Electronic Frontier Foundation
     666 Pennsylvania Ave., Washington, DC 20003
     Phone: +1 202 544-9237 FAX: +1 202 547 5481
     Internet Address: eff@eff.org
     Coordination, production and shipping by Cliff Figallo, EFF 
     Online Communications Coordinator (fig@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.

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.

=============================================================
Mail to: The Electronic Frontier Foundation, Inc.
         238 Main St.
         Cambridge, MA 02142

I wish to become a member of the EFF.  I enclose: $_______
            $20.00 (student or low income membership)
            $40.00 (regular membership)

    [  ] I enclose an additional donation of $_______

Name:

Organization:

Address:

City or Town:

State:       Zip:      Phone: (    )             (optional)

FAX: (    )              (optional)

Email 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 non-profit groups from time to time as it deems
appropriate   [ ].
                       Initials:___________________________



******************************************************************
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       ///////            ///////            ///////
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EFFector Online Volume 5 No. 6       4/16/1993       editors@eff.org
A Publication of the Electronic Frontier Foundation   ISSN 1062-9424
454 lines

                  -==--==--==-<>-==--==--==- 
                        In this issue:
   Initial EFF Analysis of Clinton Privacy and Security Proposal
      Society for Electronic Access:  A New York City-based
                grassroots online activist group.
     Updated Contact List for Regional Online Activist Groups
                  -==--==--==-<>-==--==--==- 

                       April 16, 1993

      INITIAL EFF ANALYSIS OF CLINTON PRIVACY AND SECURITY  
                           PROPOSAL

       The Clinton Administration today made a major announcement 
on cryptography policy which will effect the privacy and security of 
millions of Americans.  The first part of the plan is to begin a 
comprehensive inquiry into major communications privacy issues 
such as export controls which have effectively denied most people 
easy access to robust encryption as well as law enforcement issues 
posed by new technology.

       However, EFF is very concerned that the Administration has 
already reached a conclusion on one critical part of the inquiry, before 
any public comment or discussion has been allowed.  Apparently, the 
Administration is going to use its leverage to get all telephone 
equipment vendors to adopt a voice encryption standard developed 
by the National Security Agency. The so-called "Clipper Chip" is an 
80-bit, split key escrowed encryption scheme which will be built into 
chips manufactured by a military contractor.  Two separate escrow 
agents would store users' keys, and be required to turn them over 
law enforcement upon presentation of a valid warrant.  The 
encryption scheme used is to be classified, but they chips will be 
available to any manufacturer for incorporation into their 
communications products.

       This proposal raises a number of serious concerns .

       First, the Administration appears to be adopting a solution 
before conducting an inquiry.  The NSA-developed Clipper chip may 
not be the most secure product. Other vendors or developers may 
have better schemes. Furthermore, we should not rely on the 
government as the sole source for Clipper or any other chips.  Rather,
independent chip manufacturers should be able to produce chipsets 
based on open standards.

       Second, an algorithm can not be trusted unless it can be tested. 
Yet the Administration proposes to keep the chip algorithm 
classified.  EFF believes that any standard adopted ought to be public 
and open.  The public will only have confidence in the security of a 
standard that is open to independent, expert scrutiny.  

       Third, while the use of the split-key, dual-escrowed 
system may prove to be a reasonable balance between privacy and 
law enforcement needs, the details of this scheme must be explored 
publicly before it is adopted.  What will give people confidence in the 
safety of their keys?  Does disclosure of keys to a third party waive 
individual's fifth amendment rights in subsequent criminal 
inquiries?  

       In sum, the Administration has shown great sensitivity to the 
importance of these issues by planning a comprehensive inquiry into 
digital privacy and security.  However, the "Clipper chip" solution 
ought to be considered as part of the inquiry, not be adopted before 
the discussion even begins.

DETAILS OF THE PROPOSAL:

ESCROW

The 80-bit key will be divided between two escrow agents, each of 
whom hold 40 bits of each key.  Upon presentation of a valid 
warrant, the two escrow agents would have to turn the key parts 
over to law enforcement agents.  Most likely the Attorney General 
will be asked to identify appropriate escrow agents.  Some in the 
Administration have suggested one non-law enforcement federal 
agency, perhaps the Federal Reserve, and one non-governmental 
organization.  But, there is no agreement on the identity of the agents 
yet.

Key registration would be done by the manufacturer of the 
communications device.  A key is tied to the device, not to the person 
using it.

CLASSIFIED ALGORITHM AND THE POSSIBILITY OF BACK DOORS

The Administration claims that there are no back door means by 
which the government or others could break the code without 
securing keys from the escrow agents and that the President will 
be told there are no back doors to this classified algorithm.  In order 
to prove this, Administration sources are interested in arranging for 
an all-star crypto cracker team to come in, under a security 
arrangement, and examine the algorithm for trap doors.  The results 
of the investigation would then be made public.

GOVERNMENT AS MARKET DRIVER

In order to get a market moving, and to show that the government 
believes in the security of this system, the feds will be the first big 
customers for this product.  Users will include the FBI, Secret Service, 
VP Al Gore, and maybe even the President. 

FROM MORE INFORMATION CONTACT:

Jerry Berman, Executive Director
Daniel J. Weitzner, Senior Staff Counsel

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

[EFFector Online will regularly feature a regional grassroots group
of telecommunications activists describing themselves and their
activities.-- C.F.]

               The Society for Electronic Access
                         By Steve Barber

       The Society for Electronic Access ("SEA") is an organization of 
people who are concerned with establishing and preserving civil 
rights in cyberspace and with promoting public access to computer- 
based information systems. The SEA is a regionally-based group, 
centered in New York City, though we have members in other parts 
of New York State and northern New Jersey. We like to think of 
ourselves as covering the "New York City metropolitan area." 

       The SEA first met in August 1992 in borrowed space somewhere 
on the New York University campus. We were a group of folks who 
were vaguely, variously, and intensely interested in the issues posed 
by the cyberspace/real-world interface, with a strong interest in 
becoming the New York chapter of the EFF. Over the course of the 
next six months, the issue of EFF affiliation dominated group 
discussions. Some might say "paralyzed." Some found loose analogies 
to Beckett's "Waiting for Godot." Finally, of course, the EFF announced 
that there would be no chapters. This announcement caused some 
minor disappointment, but on the whole it was liberating for the 
group. In short order, we had projects, results, and even a name.

       The SEA membership has adopted the following statement 
of purpose, which is an excellent description of what we are, what we 
are becoming, and what we want to be:

      The purpose of SEA is to help make our corner of cyberspace a
      civilized place to live, work, and visit. We believe that the world
      of computers and the communications links that bind their users
      together should be open to everyone. Furthermore, if this new 
      medium is to have a chance of fulfilling its great potential, the
      same civil rights that protect our freedom in the physical world
      must prevail in cyberspace. 

       Therefore, SEA will work to educate people about computer 
networks and how to use them to find information and to 
communicate with one another. We will also reach out to computer 
users, government officials, legislators and the media to foster better 
understanding of cyberspace and to ensure that laws are written and 
enforced to enhance individual rights rather than to curtail them. 
Finally, we will do our best to bring into cyberspace those who might 
not otherwise have the opportunity or awareness to make use of it, 
in the belief that doing so will enrich our lives as well as theirs. 

       The SEA operates in two modes: through a set of mailing lists, 
and through approximately monthly face-to-face meetings. While a 
cyberspace activist group ought to be able to meet effectively in 
cyberspace itself, our experience is that no consensus is achieved via 
a mailing list discussion, and no decisions get made this way. I'm not 
sure whether this is because of the asynchronicity of e-mail or 
merely because of the low bandwidth of e-mail, but the face-to-face 
gatherings are vital. This necessity for face-to-face interaction is one 
of the bases for our regional orientation. 

       Even though the SEA just started accepting paid memberships, at 
present all our meetings and electronic mail lists are open to anyone. 
We have had various EFF personages drop by, as well as emissaries 
from other groups with similar interest to ours from around the country. 
The formal meetings are often followed informal ones in convivial 
locations throughout Manhattan.

       As is apparent from our mission statement, the SEA has a 
number of goals. The interest in civil rights has expressed itself 
through our legal interest group. Most recently, in what was perhaps 
SEA's first public action, we submitted a comment to the United 
States Sentencing Commission opposing the proposed sentencing 
guidelines on computer fraud and abuse. Other projects covering the 
legal side of cyberspace include the compilation of data on local 
government officials, and monitoring state and local regulatory 
activities that affect networks and BBSs. 

       SEA's goal of encouraging public access to the computer 
networks and other manifestations of cyberspace is being addressed 
by promoting ourselves as a clearinghouse for cyberspace resources 
in the region. Our purpose is to bring people together who are 
interested in working on access projects. SEA has served as a catalyst 
for hooking up people interested in, for example, producing 
educational videos on Internet access and use, and for finding system 
operators willing to donate resources for an organization called 
Playing To Win that provides computer access to residents of one of 
New York City's more disadvantaged neighborhoods.

       The wonderful thing about the SEA is that so far it is entirely a 
volunteer operation. We exist in borrowed space, both real and 
virtual. Our only real resource is the enthusiasm of our members. 
The greatest advantage to being located in New York City is that the 
available talent here is varied and seemingly limitless. We are 
blessed with a number of people who make their living in 
cyberspace, and to whom the issues the SEA addresses makes a 
difference in their daily lives. Just to highlight a few of our people, 
there is Stacy Horn, who runs the ECHO computer conferencing 
system and has expended great effort into bringing more women into 
cyberspace. Lance Rose is an attorney who specializes in computer 
and BBS law and writes a monthly column on legal matters in 
Boardwatch magazine. Alexis Rosen is co-owner and operator of 
Panix, a commercial public access Internet host (Panix also donates 
lots of resources to the SEA). John McMullen is a journalist who is 
responsible in large part for the NewsBytes electronic computer news 
service. Bruce Fancher and other founders of the Mindvox system 
have been active in SEA projects. Clay Shirky, who drafted our 
sentencing guideline comments, is an experienced activist. Joe King 
co-hosts a weekly computer radio show on WBAI-FM. Paul Wallich 
writes for Scientific American. All of these folks and others I don't 
have room to mention make for an exciting mix of system operators, 
journalists, lawyers and law students, hackers and even an accused 
cracker or two, librarians, activists, and other assorted cyberspace 
denizens that gives the SEA a broad base of experience and expertise. 

       Other current and projected projects include educational 
seminars, a media watch, a local calendar of events, and more 
involvement in the legislative and regulatory process. 

       SEA has an effective presence on the Internet via our mailing 
lists and through the SEA information hierarchy at gopher.panix.com 
that provides public access to our archives. We are trying to reach 
out to the BBS community and the vast number of users of the large 
commercial services.

       For more information on the SEA or to be added to our mailing 
lists, please contact us by sending e-mail to sea@panix.com or U.S. 
Mail to:

Society for Electronic Access
Post Office Box 3131
Church Street Station
New York, NY 10008-3131

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

     Local and Regional Groups Supporting the Online Community
                          *Updated List*

For those readers interested in hooking up with regional groups that 
are organized to work on projects to improve online communications,  
feel free to contact any of the folks listed below with your ideas and 
to learn more about how you can get involved. 

We are constantly looking to update this list, so if you know of other 
groups that we should add, or if you are trying to form a group in 
your local area, please forward the name of the group and contact 
information to Shari Steele at ssteele@eff.org.

        NATIONAL
        Electronic Frontier Foundation
        Shari Steele Ð ssteele@eff.org
        Cliff Figallo Ð fig@eff.org

        ALABAMA
        Huntsville:
        Huntsville Group
        Matt Midboe   mmidboe@nyx.cs.du.edu

        CALIFORNIA
        San Francisco Bay Area:
        This!Group
        Mitch Ratcliffe   coyote@well.sf.ca.us or 
        Mitch_Ratcliffe@macweek.ziff.com 
        Glenn Tenney   tenney@netcom.com
        Judi Clark   judic@netcom.com

        DISTRICT OF COLUMBIA
        Washington, DC, Area:
        "Group 2600" and some public access operators
        Bob Stratton   strat@intercon.com
        Mikki Barry   ooblick@intercon.com

        MASSACHUSSETTS
        Cambridge and Boston area
        EF128 (Electronic Frontier Route 128). 
        Lars Kaufman   lark@ora.com

        MICHIGAN
        Ann Arbor:
        Ann Arbor Computer Society & others
        Ed Vielmetti   emv@msen.com
        msen gopher   gopher.msen.com
        msen mail list   majordomo@mail.msen.com "info aacs" 

        MISSISSIPPI
        Gulf Coast, Mississippi
        SotMESC/GCMS
        PO Box 573
        Long Beach, MS 39560
        Local chapter with chapters in Alaska, Orlando Florida, Atlanta
        Georgia, Mobile Alabama, Montgomery Alabama, Oxford Miss,
        California, Ocean Springs Miss, and other locations. 
        Contact: RJones%USMCP6.BitNet@VM.TCS.Tulane.Edu

        NEW MEXICO
        Albuquerque:
        IndraNet (formerly FreeNet!, a FTN network) and NitV Data
        Center. 
        contact: Stanton McCandlish
                Internet: anton@hydra.unm.edu
                Bitnet: anton@unmb.bitnet
                FidoNet: 1:301/2
                IndraNet: 369:1/1
                BBS (1200-14400, v32/v32b/v42/v42b, N-1-8, 24hr)
                +1-505-246-8515 Voice +1-505-247-3402
                Snail: 8020 Central SE #405, Albuquerque, NM 87108 USA
                Interests: positive networking, pro-BBS and pro-computer-
                freedom activism; FFFREE BBS serves as a site to obtain EFF
                and other such material for those without access to 
                Internet, and supports a rapidly expanding library of 
                electronic publications. Live free, compute free!

        MISSOURI
        Kansas City:
        Greater Kansas City Sysop Association
        Scott Lent   slent@vax1.umkc.edu
        GKCSA
        P.O. Box 14480
        Parkville, MO 64152
        Phone: (816)734-2949 (voice)
        (816)734-4732 (data)

        NEW YORK
        New York City:
        Society for Electronic Access (SEA)
        Post Office Box 3131
        Church Street Station
        New York, NY, 10008-3131
        general   sea-mgmt@panix.com
        Simona Nass   simona@panix.com
        Alexis Rosen   alexis@panix.com

        Western New York State
        Thomas J. Klotzbach
        Genesee Community College
        Batavia, NY 14020
        MCI Mail: 375 1365
        Internet: 3751365@mcimail.com
                  klotzbtj@snybufva.cs.snybuf.edu
        Work: (716) 343-0055 x358

        TEXAS
        Austin:
        EFFÐAustin
        general   eff-austin@tic.com
        directors   eff-austinÐdirectors@tic.com
        Jon Lebkowsky   jonl@tic.com

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

     EFFector Online is published by
     The Electronic Frontier Foundation
     666 Pennsylvania Ave., Washington, DC 20003
     Phone: +1 202 544-9237 FAX: +1 202 547 5481
     Internet Address: eff@eff.org
     Coordination, production and shipping by Cliff Figallo, EFF 
     Online Communications Coordinator (fig@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.

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.

=============================================================
Mail to: The Electronic Frontier Foundation, Inc.
         238 Main St.
         Cambridge, MA 02142

I wish to become a member of the EFF.  I enclose: $_______
            $20.00 (student or low income membership)
            $40.00 (regular membership)

    [  ] I enclose an additional donation of $_______

Name:

Organization:

Address:

City or Town:

State:       Zip:      Phone: (    )             (optional)

FAX: (    )              (optional)

Email 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 non-profit groups from time to time as it deems
appropriate   [ ].
                       Initials:___________________________





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