EFFector Online 4.03 12/23/1992

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EFFector Online 4.03          12/23/1992               editors@eff.org

A Publication of the Electronic Frontier Foundation     ISSN 1062-424

IN THIS ISSUE:

THE NEW, STREAMLINED BILL O' RIGHTS by John Perry Barlow

CRACKER BREAKS INTO ATHENA @ MIT: The Security Alert

EFF'S LEGISLATIVE WATCH by Shari Steele

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

                        The New, Streamlined

                           BILL O' RIGHTS

        (As amended by the recent federal & state decisions)

Amendment 1

Congress shall encourage the practice of Judeo-Christian religion by 

its own public exercise thereof and shall make no laws abridging the 

freedom of responsible speech, unless such speech contains material 

which is copyrighted, sexually arousing, or deeply offensive to 

non-Europeans, non-males, differently-abled or alternatively 

preferenced persons; or the right of the people peaceably to 

assemble, unless such assembly is taking place on corporate or 

military property or within an electronic environment, or to make 

petitions to the Government for a redress of grievances, unless those 

grievances relate to national security.

Amendment 2

A well-regulated Militia having become irrelevant to the security of 

the State, the right of the people to keep and bear Arms against one 

another shall nevertheless remain uninfringed.

Amendment 3

No soldier shall, in time of peace, be quartered in any house, 

without the consent of the owner, unless that house is thought to 

have been used for the distribution of illegal substances.

Amendment 4

The right of the people to be secure in their persons, houses, 

papers. and effects against unreasonable searches and seizures, may 

be suspended to protect public welfare, and no Warrants need be 

issued, but upon the unsupported suspicion of law enforcement 

officials, any place or conveyance shall be subject to immediate 

search and such places or conveyances and any property within 

them may be permanently confiscated without further judicial proceeding.

Amendment 5

Any person may be held to answer for a capital, or otherwise 

infamous crime involving illicit substances, terrorism, or child pornography, 

or upon any suspicion whatever; and may be subject for the same 

offense to be twice put in jeopardy of life or limb, once by the 

State courts and again by the Federal Judiciary; and may be 

compelled by various means, including interrogation or the forced submission of 

breath samples, bodily fluids, or encryption keys, to be a witness 

against himself, refusal to do so constituting an admission of guilt; 

and may be deprived of life, liberty, or property without further 

legal delay;  and any property thereby forfeited shall be dedicated 

to the discretionary use of law enforcement agents.

Amendment 6

In all criminal prosecutions, the accused shall enjoy the right to a 

speedy and private plea bargaining session before pleading guilty.  

He is entitled to the Assistance of underpaid and incompetent 

Counsel to negotiate his sentence, except where such sentence falls under 

federal mandatory sentencing requirements.

Amendment 7

In Suits at common law, where the contesting parties have nearly 

unlimited resources to spend on legal fees, the right of trial by 

jury shall be preserved.

Amendment 8

Sufficient bail may be required to ensure that dangerous criminals 

will remain in custody, where cruel punishments are usually 

inflicted. 

Amendment 9

The enumeration in the Constitution, of certain rights, shall not be 

construed to deny or disparage others which may be asserted by the 

Government as required to preserve public order, family values, or 

national security.

Amendment 10

The powers not delegated to the United States by the Constitution, 

shall be reserved to the United States Departments of Justice and 

Treasury, except that the States shall have the right to ban 

abortions.

                                          Derived by J. P .Barlow

                                               New York, New York

                                                December 21, 1992

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

                     Our Farflung Correspondents

From: Roland H. Pesch <pesch@cygnus.com>

To: junk@cygnus.com

Subject: 20 years of progress in Scotts Valley, CA

A front-page story (headlined "High tech, high crimes") in today's

Santa Cruz Sentinel features a fascinating quote from the Chief of

Police of Scotts Valley:

   "It's all new", says Scotts Valley Police Chief Steve Walpole.

   "Twenty years ago, who would have thought you could arrest 

    someone for what's in his head?"

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

MIT Discovers Athena Security Breech

Recently, the MIT Information Systems staff discovered that one of 

the Institute's Athena dialup servers had been compromised through an

unauthorized modification of the machine's system software.

If you have used the Athena dialup service during the last

two months to telnet to other machines, read on. Your

accounts on other machines may have been compromised.

Specifically, each time the telnet command was executed on this 

Athena dialup machine the userid, password, and name of the system to 

which the Athena user was connecting were evidently captured by an 

unauthorized user.  This individual is now in a position to use the 

captured information to gain access to other systems.   Our official 

system logs indicate that during the time the modified version of the 

telnet program was in place, over 4000 individuals used this particular

dialup server.   Those individuals who executed the telnet command from 

this machine within the past two months may have had their accounts on 

other machines compromised. 

Check your username

To determine whether you are among the 4000 individuals most at 

risk, you can use a command called checkmyid located in the Athena info

locker. From your Athena account, at the athena% prompt, type:

attach info

/mit/info/checkmyid

Change your password

We recommend that all Athena users change their passwords frequently -

once a semester is recommended.  If checkmyid verifies that you are 

one of the 4000 people who used this specific dialup server during the 

last two months, we STRONGLY recommend that you change your 

passwords immediately on  ALL systems, including Athena, to which you may 

have telneted. You must assume that all accounts you may have reached 

using telnet are compromised.

Your new Athena password should be at least 6 characters long, and can

contain any combination of UPPER- and lower-case letters, numbers, 

or other symbols that appear on the computer keyboard. For further

information on choosing a secure password, see Athena's On-Line 

Help Service.

Alert others

In addition please inform the system manager of any machines -

including Athena workstations in faculty offices - to which you may 

have connected, since it is possible that the intruder may have used your

account to compromise those machines as well.

The individual who compromised our system used a pattern of attack

identical to one used by an individual operating from outside the 

MIT community to attack a number of systems across the country during 

the past year.  In all likelihood, if you are among those whose accounts

were compromised, you will probably not find any damage to your 

files.

This individual's mode of operation is believed to be limited to

breaking into accounts for the sole purpose of discovering any 

userids and passwords stored there to enable him to break into additional

systems.

We sincerely apologize for the inconvenience this causes our user

community. We have taken immediate steps to eliminate this 

particular security threat and we are reviewing and modifying our operational

procedures to limit our vulnerability to this and other types of 

attacks in the future.

If you have any questions or comments, please send electronic mail 

to <netsecurity@mit.edu> or contact your Athena cluster manager.

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

                       BBS Legislative Watch

             Legislation from Last Congress that May Affect

                   Your Online Communications

                 by Shari Steele (EFF attorney)

For those of us communicating electronically, it is often hard to see

how involvement in the bureaucracy of Washington, D.C., could have 

any positive impact on our lives online.  But laws that can have great

effect on our online rights are constantly introduced and modified in

the United States Congress and local legislatures, and last year was 

no exception.  While the 102nd Congress is now history, here is a sample 

of the legislation introduced over the past year that will likely affect

those of us building communities on the electronic frontier.

Threats to Privacy

FBI's Wiretapping Proposal Thwarted

In a move that worried privacy experts, software manufacturers and

telephone companies, the FBI proposed legislation to amend the

Communications Act of 1934 to make it easier for the Bureau to 

perform electronic wiretapping.  The proposed legislation, entitled "Digital

Telephony," would have required communications service providers 

and hardware manufacturers to make their systems "tappable" by 

providing "back doors" through which law enforcement officers could intercept

communications.  Furthermore, this capability would have to be 

provided undetectably, while the communication was in progress, exclusive of 

any communications between other parties, regardless of the mobility of 

the target of the FBI's investigation, and without degradation of service.

The security risks are obvious; if law enforcement officers can "tap"

into a conversation, so can others with harmful intent.  The privacy

implications are also frightening.  Today, all sorts of information

about who we are and what we do, such as medical records, credit reports

and employment data, are held on electronic databases.  If these

databases have government-mandated "tappability," this private

information could potentially be accessed by anyone tapping in.  To add

insult to injury, the FBI proposal suggests that the cost of providing

this wiretapping "service" to the Bureau would have to be bourne by 

the service provider itself, which ultimately means you and I will be 

paying higher user fees.

The Electronic Frontier Foundation organized a broad coalition of 

public interest and industry groups, from Computer Professionals for Social

Responsibility (CPSR) and the ACLU to AT&T and Sun MicroSystems, 

to oppose the legislation.  A white paper produced by EFF and ratified 

by the coalition, entitled, "An Analysis of the FBI Digital Telephony

Proposal," was widely distributed throughout the Congress.  Senator

Patrick Leahy (D-Vermont) and Representative Don Edwards (D-

California), chairs of two key committees, referred to the EFF paper as they 

delayed introduction of the FBI's proposal.  As Leahy stated before the 

Senate, "Our goal is to assist law enforcement," but "without jeopardizing

privacy rights or frustrating the development of new communications

technologies."  The Justice Department lobbied hard in the final days 

to get Congress to take up the bill before Congress adjourned, but the 

bill never even found a Congressional sponsor (and was therefore never

officially introduced).  The FBI will almost certainly reintroduce

"Digital Telephony" when the 103rd Congress convenes in January.

Cellular Scanners Prohibited

The wrong solution won out as Congress attempted to protect the 

privacy of users of cellular telephones.  Congress chose to ban scanners as it

amended the Communications Act of 1934 with the FCC Authorization Act of

1991.  The Authorization Act, among other things, prohibits the U.S.

manufacture and importation of scanning receivers capable of:  

receiving cellular transmissions, being easily altered to receive cellular

transmissions, or being equipped with decoders to convert digital

cellular transmissions to analog voice audio.  While privacy 

protection is always important, EFF opposed the bill, arguing that technical

solutions, such as encryption, are the only way to protect private

communications carried over the airwaves.

Unable to stop the scanner ban, EFF worked with Representative 

Edward Markey (D-Massachusetts) and Senator Ernest Hollings (D-South 

Carolina) to add an amendment to the legislation requiring the FCC to study 

the impact of this law on privacy.  Sometime in 1993, the FCC must also

conduct a public inquiry and issue a report on alternative means for

protecting cellular telephone conversations with a focus on 

encryption.

Threats to Free Speech

Federal Agency to Study Hate Crimes on BBSs

Recognizing that electronic media have been used more and more 

often to spread messages of hate and bigotry, Congress mandated the 

National Telecommunications and Information Adminstration (NTIA) to 

conduct a study on "the role of telecommunications in crimes of hate and 

violent acts against ethnic, religious, and racial minorities."  Computer

bulletin boards are specifically mentioned as one of the targeted 

media to be studied under the Telecommunications Authorization Act of 

1992. Representative Markey, while supporting the Act in the House, 

cautioned NTIA to be sensitive to privacy concerns while conducting the study. 

A report on the results of the study will be presented to the Senate

before the end of June, 1993.

Congress Regulates Video Transmissions

Much has been written about the passage of the Cable Television 

Consumer Protection and Competition Act of 1992, more commonly known as 

the "Cable Act."  While specifically designed to regulate rates, establish

customer service requirements and prevent unfair competition for 

cable television providers, the Cable Act may have broader implications for

those of us communicating online.  The communications networks of 

the future will include video and data transmission, as well as the voice

transmission we are now used to using over the telephone lines.  The

Cable Act is Congress's first attempt to regulate the wire/cable

transmissions that will make up our networks of the future.  EFF is

currently studying the implications of this legislation, specifically as

it applies to free speech over the network.

Threats to the Public's Right to Government Information

Fees Charged for Use of Government BBS

In a poorly thought-out move designed to raise federal revenues,

Congress passed a law permitting the Federal Maritime Commission 

to charge user fees on its Automated Tariff Filing and Information 

System (AFTI).  The law requires shippers, freight forwarders, ocean carriers

and third-party information vendors to pay 46 cents for every 

minute they are connected to the government-sponsored electronic database.

EFF joined with many other groups, including library groups, the

Information Industry Association and The Journal of Commerce, in

opposing this legislation.  EFF and the others fear that this precedent

of allowing the government to charge citizens more than the 

government's cost for information could be applied to many other federal 

databases and impinge on the public's access to government data in electronic

formats.

Federal Employees Denied Copyrights for Government Software

EFF joined with several other organizations to successfully stop the

Technology Transfer Improvements Act in a Senate committee after 

it had passed in the House of Representatives.  This Act would have allowed 

the federal government to claim copyright in certain computer software

created by federal employees working with non-federal parties.  

Because so much government information is stored only in computerized 

formats, EFF and the others, including the Software Publishers Association,

American Library Association, and Information Industry Association, 

were concerned that this legislation would impinge on a citizen's right to

obtain and use government information that he or she has the right 

to obtain and use.

Reproducing Copyrighted Software Now a Felony

Under the strong lobby of the Software Publishers Association, Congress

decided to stiffen penalties for individuals making illegal

reproductions of copyrighted software.  The amended law makes

reproducing copyrighted software a felony if certain conditions are 

met. According to the statute, any person who makes 1) at least ten copies 

2) of one or more copyrighted works 3) that have a retail value of more

than $2500, can be imprisoned for up to five years and/or fined

$250,000.  In order for the infringement to be a criminal violation,

however, the copies must be made "willfully and for purposes of

commerical advantage or private financial gain."  While the term

"willfully" is not defined in the statute, previous criminal court cases

on copyright law have held that the person making the copies must 

have known that his or her behavior was illegal.  Software backups are not

illegal (in fact, they are usually encouraged by software providers),

and therefore do not fall under the scope of this statute.

Like most of us, EFF is concerned about the ramifications of this

legislation.  While the statute itself provides safeguards that seem to

place heavy restrictions on how the law is applied, we are wary that

improper application of the law could result in extreme penalties for

software users.  We will be monitoring cases brought under this 

statute and intervening if we see civil liberties violations taking place.

Network Access for All

Commercial Users Given Internet Access

Congress gave the National Science Foundation (NSF), the agency

overseeing the Internet, the authority to relax some of its access rules

governing certain types of information travelling over the network,

including commercial information.  The Internet has been an educational

and research-oriented network since the 1980s.  Over the past few 

years, however, the Internet has become increasingly open to non-

educational and commercial uses.  The National Science Foundation Act was 

amended to encourage an increase in network uses that will ultimately support

research and education activities.

While the amendment was still being considered by the House Science

Subcommittee, chaired by Representative Richard Boucher (D- Virginia),

EFF's President, Mitch Kapor, argued for more flexible rules to spur

diversity and innovation on the Internet.  Relying in part on Kapor's

contentions, Representative Boucher sponsored the amendment as it 

passed in the full House of Representatives; Senator Albert Gore (D-

Tennessee) championed it in the Senate.  EFF lobbied to convince potential

congressional and industry opponents that the legislation would

facilitate, not impede, wider access to the Internet.

EFF's Open Platform Proposal Introduced

This past Fall, Mitch Kapor testified before the House Subcommittee 

on Telecommunications and Finance about the perceived dangers of 

regional Bell telephone company entry into the information services market.  

To combat the fear that the Bells would engage in anticompetitive 

behavior, EFF proposed an information network for the near future that would 

be affordable, equitable, and easily-accessible (EFF's Open Platform

Proposal).  Kapor suggested that ISDN could make such a network 

possible sooner rather than later and at little expense.

Legislation was circulated near the end of Congress which included 

the Open Platform Proposal.  The proposed legislation, entitled the

"Telecommunications Competition and Services Act of 1992," was 

sponsored by House Telecommunications and Finance Subcommitee Chair 

Markey and would give government support to anyone moving forward to 

provide digital telecommunications now over existing copper wires.  This, 

in turn, would pave the way for a broadband network requiring

telecommunications infrastructure modernization in the future.  This

piece of legislation laid the groundwork for a major debate in the 

next Congress, especially since President-elect Clinton and Vice-President-

elect Gore have committed themselves to an infrastructure of 

information highways.

As you can see, Congress has been very busy creating legislation that

may affect your lives online.  Next month, we will make some 

predictions of areas where the 103rd Congress is likely to concentrate 

its efforts.

Shari Steele is a Staff Attorney with the Washington office of the

Electronic Frontier Foundation (EFF). Steele can be reached at

ssteele@eff.org.

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

         THE SECOND ANNUAL INTERNATIONAL EFF PIONEER AWARDS:

                       CALL FOR NOMINATIONS

                     Deadline: December 31,1992

In every field of human endeavor,there are those dedicated to 

expanding knowledge,freedom,efficiency and utility. Along the electronic 

frontier, this is especially true. To recognize this,the Electronic Frontier

Foundation has established the Pioneer Awards for deserving 

individuals and organizations.

The Pioneer Awards are international and nominations are open to 

all.

In March of 1992, the first EFF Pioneer Awards were given in Washington

D.C. The winners were: Douglas C. Engelbart of Fremont, California;

Robert Kahn of Reston, Virginia; Jim Warren of Woodside, California; 

Tom Jennings of San Francisco, California; and Andrzej Smereczynski of

Warsaw, Poland.

The Second Annual Pioneer Awards will be given in San Francisco,

California at the 3rd Conference on Computers, Freedom, and Privacy

in March of 1993.

All valid nominations will be reviewed by a panel of impartial judges

chosen for their knowledge of computer-based communications and 

the technical, legal, and social issues involved in networking.

There are no specific categories for the Pioneer Awards, but the

following guidelines apply:

   1) The nominees must have made a substantial contribution to the

      health, growth, accessibility, or freedom of computer-based

      communications.

   2) The contribution may be technical, social, economic or cultural.

   3) Nominations may be of individuals, systems, or organizations in

      the private or public sectors.

   4) Nominations are open to all, and you may nominate more than one

      recipient. You may nominate yourself or your organization.

   5) All nominations, to be valid, must contain your reasons, however

      brief, on why you are nominating the individual or organization,

      along with a means of contacting the nominee, and your own contact

      number. No anonymous nominations will be allowed.

   6) Every person or organization, with the single exception of EFF

      staff members, are eligible for Pioneer Awards.

   7) Persons or representatives of organizations receiving a Pioneer

      Award will be invited to attend the ceremony at the Foundation's

      expense.

You may nominate as many as you wish, but please use one form per

nomination. You may return the forms to us via email to

             pioneer@eff.org

You may mail them to us at:

             Pioneer Awards, EFF,

             155 Second Street

             Cambridge MA 02141.

You may FAX them to us at:

             +1 617 864 0866

Just tell us the name of the nominee, the phone number or email address

at which the nominee can be reached, and, most important, why you 

feel the nominee deserves the award.  You may attach supporting

documentation.  Please include your own name, address, and phone 

number.

We're looking for the Pioneers of the Electronic Frontier that have 

made and are making a difference. Thanks for helping us find them,

The Electronic Frontier Foundation

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

         MEMBERSHIP IN THE ELECTRONIC FRONTIER FOUNDATION

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, the @eff.org newsletter

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.

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

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

Our privacy policy: The Electronic Frontier Foundation will never, 

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

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

whose work we determine to be in line with our goals. If you do not grant

explicit permission, we assume that you do not wish your 

membership disclosed to any group for any reason.

---------------- EFF MEMBERSHIP FORM ---------------

Mail to: The Electronic Frontier Foundation, Inc.

    155 Second St. #41

    Cambridge, MA 02141

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    This allows any organization to

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

     EFFector Online is published by

     The Electronic Frontier Foundation

     155 Second Street, Cambridge MA 02141

     Phone: +1 617 864 0665 FAX: +1 617 864 0866

     Internet Address: eff@eff.org

 Reproduction of this publication in electronic media is encouraged.

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