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- ############ ########## Volume 2 Number 7
- ############ ########## April 10, 1992
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-
- |~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~| EFFector
- | | ONline
- | THE CISLER REPORT: |
- | Steve Cisler writes about | eff@eff.org
- | Computers, Freedom and Privacy II |
- | | 155 Second Street
- | WHAT A DEAL! | Cambridge, MA 02141
- | EFF offers spiffy t-shirts | (617) 864-0665
- | |
- | | 666 Pennsylvania Ave.SE
- | | Washington, DC 20003
- | | (202) 544-9237
- ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
-
-
- COMPUTERS, FREEDOM, AND PRIVACY-2: A REPORT
- by Steve Cisler (sac@apple.com)
-
-
- [The opinions and views expressed are those of the author, Steve Cisler,
- and not necessarily those of Apple Computer, Inc. Misquotes of people's
- statements are my responsibility. Permission is granted for re-posting
- in electronic form or printing in whole or in part by non-profit
- organizations or individuals. Transformations or mutations into
- musicals, docudramas, morality plays, or wacky sitcoms remain the right
- of the author. This file may be found on the Internet in ftp.apple.com
- in the alug directory.
- -Steve Cisler, Apple Computer Library.
- Internet address: sac@apple.com ]
-
- The Second Conference on Computers, Freedom, and Privacy, (March
- 18-20, 1992. Washington,D.C.).was sponsored by the Association for
- Computing Machinery and thirteen co-sponsors including the American
- Library Association and a wide variety of advocacy groups.
-
- The diversity of the attendees, the scope of the topics covered,
- and the dynamism of the organized and informal sessions gave me a
- perspective I had lost in endless conferences devoted only to library,
- information, and network issues. I can now view the narrower topics of
- concern to me as a librarian in new ways. Because of that it was one of
- the best conferences I have attended. But there's a danger of these
- issues being re-hashed each year with "the usual suspects" invited each
- time to be panelists, so I urge you, the readers, to become involved and
- bring your own experiences to the next conference in 1993 in the San
- Francisco Bay Area.
-
- ++====================================================================++
-
- Wednesday, March 18
-
- The day began with concurrent tutorials on the following topics:
- Getting on the Net (Mitchell Kapor, Electronic Frontier
- Foundation);
- Making Information Law and Policy (Jane Bortnick, Congressional
- Research Service);
- Communications and Network Evolution (Sergio Heker, JVNCNet),
- Private Sector Privacy (Jeff Smith, Georgetown University);
- Constitutional Law for Non-lawyers (Mike Godwin, EFF);
- Computer Crime (Don Ingraham, Alameda County (CA) District Attorney);
- Modern Telecommunications: Life After Humpty- Dumpty (Richard
- Wolff, Bellcore);
- International Privacy Developments (David Flaherty, Univ. of
- Western Ontario);
-
- and the one I attended...
- Information Law and Policy: Jane Bortnick,
- Congressional Research Service (CRS)
-
- In Bortnick's tutorial, she covered the following points:
- 1)Setting information policy is not a linear process, and it's
- not clear how or when it is made because of many inputs to the process.
- 2) Many policies sit on the shelf until a crisis, and the right
- technology is either in place, or certain people grab it.
- 3)Events create renewed interest in information policy.
- 4)Industry, academic, or non-governmental groups play an
- important role by testifying before committees studying policy and by
- lobbying.
- 5)CRS is the institutional memory for Congress because of the
- rapid turnover in the staff on the Hill.
- 6) The challenge is to develop policy that does not hinder or
- hold things up, but there is a high degree of uncertainty, change, and
- lack of data. The idea is to keep things as open as possible throughout
- the process.
-
- Bortnick said that the majority of laws governing information
- policy were written in an era of paper; now electronic access is being
- added, and Congress is trying to identify fundamental principles, not
- specific changes.
- Because of the economic factors impinging on the delivery of
- information, members of Congress don't want to anger local cable, phone,
- or newspaper firms.
- To get sensible legislation in a rapidly changing environment you
- have to, paradoxically, slow down the legislative processes to avoid
- making bad laws. Nevertheless, in a crisis, Congress can sometimes work
- very quickly.
- We have to realize that Congress can't be long term because of
- annual budget cycles and because of the hard lobbying by local
- interests.
- In making good policy and laws, building consensus is the key.
-
- The current scope of information policy:
- -spans broad range of topics dealing with information
- collection, use, access, and dissemination
- -global warming has a component because new satellites will dump
- a terabyte a day: who is responsible for storage, access, adding value
- to all of this data?
- -many bills have the phrase: "and they will establish a
- clearinghouse of information on this topic"
- -information policy has increasingly become an element within
- agency programs
- -impact of information technologies further complicates debate
- -result=more interested players from diverse areas.
-
- Congress has many committees that deals with these issues. CRS
- gets 500,000 requests for information a year: 1700 in one day. After
- "60 minutes" is broadcast CRS gets many requests for information. from
- Congress.
-
- Jim Warren asked several questions about access to government
- information. There was a general discussion about how the Library of
- Congress would be digitized (size, cost, copyright barriers). It was
- noted that state level experiments affected federal activity, especially
- the states that are copyrighting their information (unlike the federal
- government).
-
- The discussion about Congressional reluctance to communicate via
- electronic mail with constituents: a new directory does not even list
- some fax numbers that had been quasi-public before some offices felt
- inundated with fax communications.
-
- ++====================================================================++
-
-
- Keynote Address:
- Al Neuharth, The Freedom Forum and founder of USA Today
- "Freedom in cyberspace: new wine in old flasks"
-
- Lunch, following the tutorials, was followed by an address by Al
- Neuharth. The high points were:
- 1. First amendment freedoms are for everyone. Newspaper publishers
- should not relegate anyone to 2nd class citizenship or the back of the
- bus.
- 2. The passion for privacy may make our democracy falter.
- 3. Publishing of disinformation is the biggest danger, not
- information-glut.
-
- Commenting on American Newspaper Publishers Assn. to keep RBOCs
- out of information business, Neuharth noted that the free press clause in
- the Bill of Rights does not only apply to newspapers. Telcos have first
- amendment rights too. "ANPA is spitting into the winds of change", he
- said, and some newspaper publishers are not happy with this stance, so
- there is a lot of turmoil. People should get their news when, how and
- where they want it: on screen or tossed on the front porch. Telcos have
- yet to demonstrate expertise in information gathering and dissemination;
- they have an outmoded allegiance to regulation .
-
- He strongly criticized the use of anonymous sources by newspapers.
- Anonymous sources, he said, provide misinformation that does irreparable
- harm. The Washington Post is the biggest user of confidential sources.
- Withholding of names encourages fabricating and misinformation. Opinions
- and style should not be hidden in news pages but kept on the editorial
- page.
-
-
- ++====================================================================++
-
- Wednesday Afternoon Session: Who Logs On?
- Given by Robert Lucky of Bell Labs:
-
- Speaking personally, Lucky covered the following points:
- 1. Fiber to the home: who pays for it?
- The consumers will pay and the consumer will benefit. How much
- they will pay and how much they will benefit is what matters.
- We must to install wideband switching and we will.The drama is
- mainly economic and political, not technical. It will happen in 40
- years. Asked what fiber will bring that copper will not, Lucky took the
- Field of Dreams approach: supply of bandwidth will create demand.
- 2. Access and privacy.
- This is a personal quandary for Lucky. Intimate communications
- will be coming-- individual cells on each pole and an individual number
- for each person. "I like to call anybody from my wrist, but I hate
- having people calling me."
- If you have access, you can't have privacy. The right to be
- left alone takes away from the 'right' from other people. Lucky was the
- first of many to raise the problems of the FBI recommend legislation,
- the Digital Telephony Amendment, that would require re-design of present
- network so that surveillance could take place, and that the cost of
- doing this would be 20 cents a month per subscriber. It will be hard to
- find conversations, but you will pay for this. He viewed this with
- grave concern; it's a bad idea. He is all for getting drug kings but he
- wants his privacy.
-
- 3. Lucky's observations on the Internet/NREN:
- One of the wonderful things is the sense of freedom on the
- Internet. Anonymous ftp. There are programs and bulletin boards. Sense
- of freedom of information and freedom of communication, but nobody seems
- to pay for it. It just comes. As a member of AT&T, this needs to be
- transitioned to a commercial enterprise. Government is not good at this;
- intellectual property lawyers will build walls, and hackers may screw
- it up too. "I still want all the freedom in the commercial enterprise."
-
- Linda Garcia of the OTA (Office of Technology Assessment) spoke
- about access issues and said it was a cost/benefit problem. Rural areas
- should be able construct a rural area network (RAN). Take small
- businesses, educators, hospitals and pool their demand for a broadband
- network. Government could act as a broker or community organizer and
- transfer the technology. Rural communities should not be treated the
- same way as urban areas. The regulatory structure should be different for
- rural Maine than for lower Manhattan. See her OTA reports "Critical
- Connections and Rural America at the Crossroads" for in-depth
- treatments of these issues.
-
- Al Koppe of New Jersey Bell outlined the many new services being
- rolled out in NJ at the same time they are maintaining low basic rates.
- --In 1992 there will be narrowband digital service for low
- quality video conferencing; in 1994 wideband digital service.
- --Video on demand, entertainment libraries and distance learning
- applications will be coming along soon after.
- --Koppe predicted a 99% penetration by 1999 with complete fiber
- by 2010. This will be a public network and not a private one. It will
- still be a common carrier.
- This is a very aggressive and optimistic plan, an important one
- for all of us to watch. Lucky said he had never seen a study that shows
- video on demand services can be competitive with video store prices. The
- big question remains: how does a business based on low-bandwidth voice
- services charge for broadband services? It remains a paradox.
-
- Brian Kahin, Kennedy School of Government, discussed the growth of
- the Internet and policy issues:
- --points of access for different users
- --network structure and current NSFNet controversy
- He said the NREN debate is one between capacity (enabling high end
- applications) and connectivity (number of resources and users online).
-
- ++====================================================================++
-
- Afternoon Session: Ethics, Morality, and Criminality
-
- Mike Gibbons of the FBI chaired this session which was one of the
- central themes for all present. In the same room we had law enforcement
- (LE) representatives from state, local, and federal governments, civil
- libertarians, and convicted computer criminals, as well as some victims.
-
- The FBI views the computer as a tool, and Gibbons told a story
- about the huge raid on Lyndon LaRouche's data center in Virginia where
- 400 LE types took part. I had the feeling that Gibbons was telling his
- own hacker story because the audience would appreciate the challenges
- that faced him more than LE supervisors without a technical knowledge of
- computers would appreciate it. He was also involved in the Robert Morris
- case.
-
- Mike Godwin of EFF agrees that it is not ethical to access other
- people's computer without permission, but Mike represents those who may
- have acted unethically but still have rights.
-
- Case involving Craig Neidorf of _phrack_ who felt that his
- publication of a Bell South document was within the 1st amendment .
- Bell South pegged the Document cost was $70K because it included the Vax
- workstation and the software in the cost! There was a question whether
- that document was property at all. LE folks can make good faith
- mistakes, but Craig had to spend $100,000 and that the prosecutor and
- Secret Service never admitted they were wrong.
-
- Jim Settle from FBI sets policy on computer crime and supervisor
- of computer crime squad. Background in Univacs in 1979. There is not a lot
- of case law on computer crimes. LE was computer stupid and is not out
- there to run over people's rights. They discuss moral issues even when
- an action was legal.
-
- Don Delaney of the New York State Police: He has been dealing with
- PBX and calling card fraud; he talks to students about perils of
- computer crime, and works with companies who have been hit. Every day at
- least one corporation has called him. $40,000 to $400K loss in a short
- time. He has found glitches in the PBX software; he complained that few
- PBX salespeople tell the customers about remote access units through
- which criminals gain access. Once this happens the number is sold on the
- street in New York at about $10 for 20 minutes. Even Westchester County
- Library was hit. People used binoculars to read the PIN numbers on
- caller's cards as they dialed in Grand Central Station. Delaney called
- this 'shoulder surfing' and noted that cameras, camcorders, and
- binoculars are being used regularly.
-
- Mitch Kapor raised the issue of the Digital Telephony Amendment.
- It is proposed legislation to amend 18 USC 2510 (government can intercept
- communications on showing probable cause as they did with John Gotti)
- Settle of the FBI asked: "What happens if the technology says you can't
- do it? You change the tech. to allow it or you repeal the law that
- allows wire tap. Don Parker of SRI said it is essential to have
- wiretap ability as a tool for LE.
-
- The FBI under the Department of Justice has authority to use
- wiretaps in its operations. This has been one of the most effective
- tools that law enforcement has, but with the advent of digital telephony
- such as ISDN, the LE community is worried that no capability exists to
- intercept these digital signals, and this will preclude the FBI and
- other LE officials from intercepting electronic communications.
-
- The FBI proposes an amendment to the Communications Act of 1934 to
- require electronic services providers to ensure that the government will
- e able to intercept digital communications. There are a number of parts
- to the bill:
- 1. the FCC shall determine the interception needs of the DOJ and
- issue regulations 120 days after enactment.
- 2. Service providers and pbx operators to modify existing telecom
- systems within 180 days and prohibit use of non-conforming equipment
- thereafter, with penalties of $10,000 per day for willful offenders.
- 3. Gives FCC the authority to compensate the system operators by
- rate structure adjustment for required modifications. That is, the user
- will pay for this decreased security desired by the government.
-
- Godwin said he believes that wiretap is okay when procedures are
- followed, but you have to decide what kind of society you want to live
- in. The FBI asked, "Are you going to say that crime is okay over the
- phones and that it should not be controlled?" He implied that not making
- changes to the law would leave cyberspace open to sophisticated
- criminals, many of whom have more resources for technology that does the
- LE community. For more information on this there is a 10 page
- legislative summary.
-
- ++====================================================================++
-
- The Evening of Day One:
-
- There were Birds of a Feather (BOF) sessions that were less formal
- and with less attendance. Nevertheless, they were some of the high
- points of the conference.
-
- Where else would one find the law enforcement types switching
- roles with computer intruders who had to defend a system against an attack?
- Kudos to Mike Gibbons for setting this up.
-
- There was also a panel of hackers (I use the term in the broadest
- and non-pejorative sense) including "Emmanuel Goldstein"--the nom de
- plume for the editor of 2600: The Hacker's Weekly; Craig Neidorf,
- founder of phrack; Phiber Optik, a young man who recently plea bargained to
- a couple of charges; and Dorothy Denning, chair of the CS department at
- Georgetown University.
-
- Goldstein (this was a character in Orwell's 1984 who was a front
- for the establishment!) sees hackers as intellectuals on a quest for
- bugs which, when corrected, help the system owner.He is extremely
- frustrated over media treatment of hackers, yet he was open to a
- Japanese camera crew filming the casual meetings of 2600 readers that
- took place in the hotel lobby throughout the conference. He said that
- hackers and system administrators work together with each other in
- Holland.
-
- As an example of lax system management there was a military
- computer during the middle east war had a password of Kuwait'. Don
- Parker of SRI believes that Goldstein should not continually blame the
- victim.
-
- Many of the hackers and publishers strongly believed that
- "knowing how things work is not illegal." The current publisher of Phrack
- said, "I believe in Freedom of Speech and want to tell people about new
- technology."
-
- Most librarians would agree, but much of the problem was what some
- people did with that knowledge. An interesting discussion followed about
- who was responsible for security: vendors, system administrators, or
- public law enforcement personnel. Phiber Optik is now maintaining a Next
- machine on the Net and complained that answers to technical questions
- cost $100 per hour on the Next hotline.
-
- ++====================================================================++
-
- Electronic Money: Principles and Progress
- Eric Hughes, DigiCash
-
- Electronic money uses public key encryption. People can recognize
- your digital signature, but cannot read it. The goal is to create a bank
- on the Internet that only uses software and affords the user complete
- anonymity. There is the bank, the buyer, and the seller. Money flows
- from the bank in a money loop. Bank does not know what is signs but it
- knows that it did sign it and will honor the electronic check. This would
- allow financial transactions and privacy for the buyer.
-
- In a library setting this would mean I could buy an item
- electronically (a document, image, code) and nobody could link it with
- my name. My buying habits would be private, and a person roaming through
- the transactions might see that someone purchased the computer simulation
- "Small furry animals in pain" but would not know the name of the
- purchaser.
-
- Doing private database queries will become more and more important
- as the network is used for more business activities. The DigiCash scheme
- has multi-party security and is a safe way of exchanging files and
- selling them in complete privacy. It's also very cheap and the
- unlinkability is very important.
-
- In the discussion session the issue of drug lords using the system
- was raised. DigiCash has limited its transactions to less than $10,000,
- and most would be far less. A British attendee said that stores had to
- keep extensive records for VAT tax audits, so EEC and US regulations
- would conflict with the goals of DigiCash.
-
-
- ++====================================================================++
-
- Thursday Morning Sessions
-
- For Sale: Government Information
-
- This was staged as a role playing advisory panel where a grad
- student made a broad and complicated request for information in a
- particular format. The panelist made short statements about their
- interests and then tried to answer the pointed questions from George
- Trubow of John Marshall Law School.
-
- Dwight Morris (LA Times):
- His job is to get government data and turn it into news stories.
- He noted that the FOIA is a joke; it's a last resort. Vendors are foia-ing
- the agencies and then trying to sell those foia requesters software to
- read the data tapes!
-
- Ken Allen of the Information Agency Association:
- The government should not elude the appropriations process by
- selling information, nor should the agency control content. The IIA is
- against exclusive contracts.
-
- Mitch Freedman,Westchester Co. Library ALA Coordinator for Access to
- Information:
- Are many people asking for access for this information, or will
- the coding benefit many users in the long run? He mentioned of WINDO
- program, freedom of access, and its link to informed democracy.
-
- Franklin Reeder, Office of management and Budget:
- He observed that unusable databases in raw form mean that choice
- of format is irrelevant. There may be broader demand for this information,
- and the database should be provided with interfaces for many users.
- Government agencies should not turn to information provision for
- revenues; it becomes an impediment to access. "I don't think the public
- sector should be entrepreneurial. "
-
- Costin Toregas, Public Technology, Inc.--owned by cities and counties in
- U.S. and Canada:
- We should re-examine our language when discussing information and
- access. How do you recover the costs of providing the new technological
- access mechanisms. The provision of this should be high priority.
-
- Robert Belair, Kirkpatrick and Lockhart, deals in FOIA and privacy
- issues:
- Choice of format is an issue, and in general we are doing a bad
- job. Belair notes that FOIA requests are not cheap. There are $2-4,000
- fees from government agencies--even more than the lawyer fees!
-
- Questions:
-
- Denning: no view of where technology is taking us. Why not put the
- FOIA information online?
- Freedman says the Owens bill handles this.
- Weingarten says that one agency is planning for a db that has no
- equipment to handle it yet.
- Belair: we will get change in FOIA and the Owens bill is good.
- Toregas: A well-connected community is crucial.
-
- Harry Goodman asked Ken Allen if he still believed that "libraries
- be taken off the dole."
- Allen denied he said this but Goodman had it on tape! Allen said
- privatization is a red herring. Government agencies might not be the
- best way to provide the access to information. Allen says it should be by
- diverse methods.
-
- Glenn Tenney, running for Congress in San Mateo County (CA), said
- he had trouble getting information on voting pattern of the members of
- Congress and to buy it would have cost thousands of dollars.(
- Ken Allen replied that a private company had developed the
- information from raw material, but others thought this was basic
- information that should be available to all citizens. Other people
- wanted the Congressional Records online (and cheap); others wanted the
- private sector to do it all and to get the government to partner in such
- projects.
-
- ++====================================================================++
-
- Free Speech and the Public Telephone Network
-
- Jerry Berman of the EFF:
- --Do telcos have the right to publish over their own networks?
- --What are the implications of telcos as newspapers vs. telcos
- as common carrier? Aren't safeguards needed to compel free access for all
- players?
- --There is already discrimination on the 900 services (provision
- or billing for porno businesses).
- --When the public finds out what is on the network, there will
- be a big fight.
- --Will we follow the print model or the broadcasting model?
- --How can a new infrastructure secure a diversity of speech and
- more participants, and how we can break the deadlock between cable,
- papers, and telcos.
-
- Henry Geller, Markle Foundation (FCC/NTIA) :
- -- The key is the common carrier nature of the telephone
- networks and that they should carry all traffic without determining what is
- appropriate.
- --Congress can't chose between warring industries, so it won't
- act on some of these telecomm issues.
- --Broadband area: if the bits flowing are TV programming, the
- telco is forbidden to provide. Print model is a good one to follow, not
- the cable or broadcast model. He mentioned CNN's squelching of NBC
- cable channel.
-
- John Podesta (Podesta Associates):
- --There are forces that are trying to push messengers off the
- road and keep the network from being diverse.
- --We need a network with more voices, not just those of the
- owners.
- --We will be faced with censorship by the government and network
- owners (MCI, US West);
- --There will be more invasion of privacy
- Six things have to happen:
- 1. More competition via open platform. Personal ISDN at low
- tariffs.
- 2. Structural safeguards
- 3. Common carriers should be content neutral when providing access
- 4. Originators should bear responsibility for obscene or salacious
- postings.
- 5. Protect net against invasion of privacy. Debate is whether it
- will be easier or harder to wiretap in the future.
- 6. Don't adopt broadcast or cable model for network; both are more
- restrictive with regards to First Amendment issues.
-
- Bob Peck (ACLU):
- --Government ban on RBOCs providing information is a first
- amendment issue, but there is also an issue of access. How do we make
- sure that everyone gets charged the same rates?
- --The Rust vs. Sullivan decision could affect network use;
- abortion clinics could not answer any questions about the topic. US
- Govt. claimed: "We paid for the microphone; we just want to be able to
- control what is said." This is being argued in other cases by DOJ
- and should be resisted.
-
- Eli Noam (NYU):
- --Coming from state government he tried to be an oxymoron, a
- "forward-looking state utility commissioner".
- --Telcos say: If anyone can use the common carrier, why not
- themselves.
- --Free speech is rooted in the idea of scarcity and restraints
- to access.
- --When you have 9000 channels, who cares?
- --There will be no scarcity. He predicts people will be video
- literate. Video will have new obscene phone calls.
- --We are over-optimistic about the short term and too cautious
- about long term effects.
- --Telecommuting is already happening on a significant scale.
- --We will have telecommunities, subcultures of special interest
- groups.
- --Our political future is based on jurisdiction. Is there a new
- form of political entity emerging that transcends time zones?
- --Information glut: The key issue will be how you filter and
- screen it.
- --Handling the information will be a big issue.The user's brain
- is the ultimate bottleneck.
- --Internet news is about 18 MB a day.
- --Screening will be by the network itself or by user groups and
- telecommunities.
- --Rights of individuals vs. the governments. Is the first
- amendment a local ordinance?
- --We need power over international interconnection. Fly the flag
- of teledemocracy.
-
- ++====================================================================++
-
- Lunch with Bruce Sterling
-
- Bruce Sterling, author of The Difference Engine (with William
- Gibson) and a new title, The Hacker Crackdown, gave an outstanding
- performance/speech entitled "Speaking the Unspeakable" in which he
- represented three elements of the so- called computer community who were
- not at CFP-2.
-
- --The Truly Malicious Hacker:
- "Your average so-called malicious user -- he's a dweeb! He
- can't keep his mouth shut! ....Crashing mainframes-- you call that
- malice? Machines can't feel any pain! You want to crash a machine, try
- derailing a passenger train. Any idiot can do that in thirty minutes,
- it's pig-easy, and there's *nothing* in the way of security. Personally
- I can't understand why trains aren't de-railed every day."
-
- --A narco-general who has discovered the usefulness of his
- contacts with the North American law enforcement communities--and their
- databases:
- "These databases that you American police are maintaining.
- Wonderful things....The limited access you are granting us only whets
- our appetite for more. You are learning everything about our
- criminals....However, we feel that it is only just that you tell us
- about your criminals.....Let us get our hands on your Legions of Doom. I
- know it would look bad if you did this sort of thing yourselves. But you
- needn't."
-
- --A data pirate from Asia:
- "The digital black market will win, even if it means the
- collapse of your most cherished institutions....Call it illegal, call it
- dishonest, call it treason against the state; your abuse does not
- matter; those are only words and words are not as real as bread. The only
- question is how much suffering you are willing to inflict on yourselves,
- and on others, in the pursuit of your utopian dream."
-
- Sterling's speech was a hilarious, yet half-serious departure from
- the usual fare of conferences and is well worth obtaining the audio or
- video cassette. I also recommend you attend the American Library
- Association conference in late June 1992 when Sterling will address the
- LITA attendees.
-
- ++====================================================================++
-
- Who's in Your Genes
-
- Who's in Your Genes was an overview of genetic data banking, and a
- discussion of the tension between an individual's right to privacy and
- the interests of third parties. DNA forensic data banks and use of
- genetic records by insurers were explored. Madison Powers was
- chair. Panelists included John Hicks, FBI Lab; Paul Mendelsohn,
- Neurofibromatosis, Inc.; Peter Neufeld, Esq.; Madison Powers,
- Kennedy Center for Ethics, Georgetown University.
-
- ++====================================================================++
-
-
- Private Collection of Personal Information
-
- This was another role-playing session where the participants took
- positions close to those they would hold in real life. Ron Plessor of
- Piper and Marbury acted as the 'scene setter and facilitator'. It was he
- who posed the broad question "Should the government have a role in the
- privacy debate?" and asked the panelists to debate about the
- establishment of a data protection board (as proposed by Congressman
- Wise in H.R. 685d).
-
- Janlori Goldman of the ACLU enthusiastically embraced the role of
- general counsel to the Data Board. She questioned the representatives
- from the fictitious private enterprises who were planning a supermarket
- discount shoppers' program where all items are matched with the
- purchaser and mailing lists would be generated with this fine-grained
- information.
-
- "It would be good to come to the board before you start the
- service." Her tone was very ominous, that of a friendly but all powerful
- bureaucrat. "Bring your papers and come on in to discuss your project.
- Let's keep it informal and friendly this time to prevent the more formal
- meeting." She even alluded to making subpoenas and getting phone
- records of the direct marketeers. She would not offer the marketeers
- assurances of confidentiality in their discussion, and even though this
- was role playing, several people around me who had thought the idea of a
- board would be useful, changed their mind by the end, partly because of
- her fervor.
-
- At the Q&A session about 25 people dashed for the microphones,
- making this session the most provocative of all. At least it touched a
- chord with everyone.
-
- ++====================================================================++
-
- On the evening of March 19, the Electronic Frontier Foundation
- presented the EFF Pioneer awards to those individuals who have done the
- most to advance liberty, responsibility, and access to computer-based
- communications. I was honored to serve as a judge and read the large
- number of nominations. Each person or institution made a strong
- impression on me, and it was difficult to narrow it down to five people.
- The recipients each made a very moving statement after they were called
- to the podium by Mitchell Kapor of the EFF.
-
- ++====================================================================++
-
- March 20
-
- Privacy and Intellectual Freedom in the Digital Library
- Bob Walton of CLSI, Inc.
-
- Walton discussed the transformation of libraries as collections of
- books into digital libraries with falling technological costs and
- volatile questions of intellectual property and reimbursement.
-
- Gordon Conable, Monroe (MI) County Library system, spoke of
- libraries as First Amendment institutions, ones where Carnegie saw the
- provision of free information as a public good. However, the economics
- of digital information are quite different, and this causes problems, as
- does the government using the power of the purse to control speech (Rust
- vs. Sullivan).
-
- I spoke about the case of Santa Clara County (CA) Library
- defending its open access policy when a citizen complained about
- children checking out videos he thought should be restricted. It was a
- good example of how the whole profession from the branch librarian on up
- to the California State Librarian presented a unified front in the face
- of opposition from some parts of the community and the San Jose Mercury
- News, the local paper that waffled somewhat on its own stance.
-
- Jean Polly of Liverpool Public Library spoke about the problems
- running a library BBS where religious fundamentalists dominated the
- system, but outlined her library's many activities (smallest public
- library as an Internet node) and her plans for the future.
-
- ++====================================================================++
-
-
- Who Holds the Keys?
-
- In a sense the cryptography discussion was one of the most
- difficult to follow, yet the outlines of a very large battlefield came
- into view by the end of the session. The two sides are personal privacy
- and national security. Should the government be allowed to restrict the
- use of cryptography? (Only weakened schemes are allowed to be legally
- exported.) What legal protections should exist for enciphered
- communications?
-
- David Bellin of the Pratt Institute stood up and spoke in code. He
- thought encrypted speech was protected and that he should have the right
- to associate with his peers through encryption (to prevent snooping). He
- did not believe the technology is controllable, nor that there is safety
- and one end and freedom at the other.
-
- Jim Bidzos of RSA Data Security said we need a review of
- cryptographic policy. The long term effects of the current
- confrontational relationship will be bad. John Gilmore of Cygnus Support
- felt that the public should discuss cryptographic issues and not behind
- closed doors. This is a good time for network people, manufacturers, and
- the government to work together. John Perry Barlow sees encryption as an
- answer to the problem of having lots of privacy. Using the drug war
- rationale to prohibit export is a bad idea. Whitfield Diffie, of Sun
- Microsystems gave an excellent overview of the philosophy of encryption
- and why it's important as we move from face-to-face communications to
- electronic. There are a number of policy problems:
- --a bad person might be able to protect information against all
- assaults. In a free society a person is answerable for your actions,
- but a totalitarian society uses prior restraint. What will ours become?
- --Can a so-called 'free society' tolerate unrestricted use of
- cryptography? Because cryptography can be done on standard processors
- with small programs, and because covert channels are hard to detect,
- enforcement of a strong anti-crypto law would require drastic measures.
-
- I asked Jim Bidzos about the government agencies beating their
- swords into plowshares by looking for new roles in a world without a
- Soviet threat. He thought NSA could use budget hearings to say that with
- a lean/mean military budget, a modest increase in crypto capability
- might give the government more lead time in an emergency.
-
- One member of the audience challenged Bidzos to go ahead and
- export RSA outside of the US. Barlow responded "Come on, Jim. The
- Russians are already using RSA in their <missile> launch codes." To
- which Bidzos replied, "My revenue forecasts are being revised downward!"
- <laughter> Barlow answered, "You would not have gotten any royalties
- from them anyway." <more laughter> Bidzos: "Maybe..." <even more
- laughter>
-
- With only a partial understanding of some of the technology
- involved (cryptography is a special field peopled mainly by
- mathematicians and intelligence officials), I think that this will be
- the issue of the 90s for libraries. It may be a way to protect both privacy
- and intellectual property in the digital libraries of the future.
-
-
- ++====================================================================++
-
- Final Panel:
- Public Policy for the 21st Century,
- moderated by Mara Liasson, National Public Radio
-
- "How will information technologies alter work, wealth, value,
- political boundaries?... What will the world be like in a decade or
- two?... What public policies now exist that may pull the opposite
- direction from the economic momentum and will lead to social tension and
- breakage if not addressed properly?"
-
- Peter Denning, George Mason University:
- People used to have faith that strong governments would bring
- salvation through large programs (he named failures). The poor track
- record of government and changes in comms technology have accelerated
- the decline of the faith.
-
- Mitchell Kapor:
- He sees digital media as the printing press of the 21st century.
- The WELL and others make us realize we are not prisoners of geography,
- so our religious, hobby, or academic interests can b shared by the enabling
- technologies of computers. "Individuals flourish from mass society with
- this technology" Openness, freedom, inclusiveness will help us make a
- society that will please our children and grandchildren.
-
- Simon Davies, Privacy International:
- "There is possibly a good future, but it's in the hands of
- greedy men. I see a world with 15 billion beings scrambling for life,
- with new frontiers stopping good things. For 14 billion they are very
- pissed off, and that our wonderful informational community (the other
- billion) becomes the beast. It will be something most of the world will
- do without. If we recognize the apocalypse now we can work with the
- forces."
-
- Esther Dyson, EDventure Holding, Inc.:
- She thinks that cryptography is a defensive weapon. The free-
- flow of cryptic information is dangerous to the powerful. She want more
- markets and less government. Large concentrations of power makes her
- suspicious. Global protected networks will help those in the
- minority(disagreeing with Davies). We don't have one global villages but
- many. How do we avert tribalism of class?
-
- Roland Homet, Executive Inc.:
- Homet was more conciliatory. America has a penchant for ordered
- liberty. It uses toleration and restraint to keep forces working
- together.
-
- ++====================================================================++
-
- Lance Hoffman, of the George Washington University and organizer of the
- conference, deserves a great deal of credit for a smooth running yet
- exciting three days.
-
- There will be a CFP-3 in the San Francisco area next year. If you find
- these issues to be a major force in your professional life, we hope you
- will be able to attend next year. Traditionally, there have been
- scholarships available, but these depend on donations from individuals
- and firms.
-
- End of Report/ Steve Cisler sac@apple.com
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