home *** CD-ROM | disk | FTP | other *** search
- Computer underground Digest Sun Sep 26, 1992 Volume 4 : Issue 46
-
- Editors: Jim Thomas and Gordon Meyer (TK0JUT2@NIU.BITNET)
- Archivist: Brendan Kehoe
- Shadow-Archivist: Dan Carosone
- Copy Editor: Etaion Shrdleau, Srr.
-
- CONTENTS, #4.46 (Sep 26, 1992)
- File 1--J Davis response on Piracy
- File 2--Response to Davis/Piracy (1)
- File 3--Response to Davis/Piracy (2)
- File 4--Studying Rights and Cyberspace
- File 5--EFF Analysis of FBI Digital Telephony (wiretap) proposal
- File 6--Cap't Crunch Discusses Sneakers With Newsbytes
- File 7--GATEWAY/WINDO ALERT
- File 8--Model Letter in re S. 2813 / HR 2772
- File 9--Police files conference
-
- Cu-Digest is a weekly electronic journal/newsletter. Subscriptions are
- available at no cost from tk0jut2@mvs.cso.niu.edu. The editors may be
- contacted by voice (815-753-6430), fax (815-753-6302) or U.S. mail at:
- Jim Thomas, Department of Sociology, NIU, DeKalb, IL 60115.
-
- Issues of CuD can also be found in the Usenet comp.society.cu-digest
- news group; on CompuServe in DL0 and DL4 of the IBMBBS SIG, DL1 of
- LAWSIG, and DL0 and DL12 of TELECOM; on Genie in the PF*NPC RT
- libraries; from America Online in the PC Telecom forum under
- "computing newsletters;" on the PC-EXEC BBS at (414) 789-4210; and by
- anonymous ftp from ftp.eff.org (192.88.144.4) and ftp.ee.mu.oz.au
- Back issues also may be obtained from the mail server at
- mailserv@batpad.lgb.ca.us
- European distributor: ComNet in Luxembourg BBS (++352) 466893.
-
- COMPUTER UNDERGROUND DIGEST is an open forum dedicated to sharing
- information among computerists and to the presentation and debate of
- diverse views. CuD material may be reprinted for non-profit as long
- as the source is cited. Some authors do copyright their material, and
- they should be contacted for reprint permission. It is assumed that
- non-personal mail to the moderators may be reprinted unless otherwise
- specified. Readers are encouraged to submit reasoned articles
- relating to computer culture and communication. Articles are
- preferred to short responses. Please avoid quoting previous posts
- unless absolutely necessary.
-
- DISCLAIMER: The views represented herein do not necessarily represent
- the views of the moderators. Digest contributors assume all
- responsibility for ensuring that articles submitted do not
- violate copyright protections.
-
- ----------------------------------------------------------------------
-
- Date: Sun, 20 Sep 1992 17:27:16 -0700
- From: James I. Davis <jdav@WELL.SF.CA.US>
- Subject: File 1--J Davis response on Piracy
-
- Regarding Robert Woodhead's and Wes Morgan's response (in CUD 4.42) to
- my earlier posting about software piracy and property rights, there
- are a few points to which I would like to respond. (As a disclaimer,
- I am not trying to defend the right to bootleg software, that is, to
- duplicate and _resell_ software. The discussion below deals with the
- unauthorized duplication and sharing of software, where no money
- changes hands.)
-
- One common defense raised for intellectual property rights, and
- against the unauthorized sharing of software, is that it injures the
- creator by robbing him or her of some deserved reward. And on a
- related note, the creator is entitled to compensation, and
- intellectual property rights are required to guarantee that. [Mr.
- Woodhead writes "[by unauthorized copying of software] you are showing
- a lack of respect for the creative efforts of other people." Mr.
- Morgan writes "If I pour 4 years of my life into the development of
- Snarkleflex, I DESERVE to profit from it." Denise Caruso (now editor
- of _Digital Media_) wrote a hilarious description a couple of years
- ago in an _SF Examiner_ column: "Why would some genius programmer,
- slaving away in a dark den redolent of cheese puffs and body odor, be
- willing to work for years on a revolutionary new software design if he
- or she didn't have any guarantee of being able to make money doing
- it?"]
-
- There are several fallacies in this argument.
-
- First, the reality of software production in the late 20th century is
- much different than this image. Most software production is NOT a
- cottage industry. The industry has quickly matured in the past few
- years into a typical monopolized industry. Most patent filings are by
- corporations. Most software is not purchased from the individuals who
- create the software, it is purchased from companies who have required
- their engineers to sign away any rights to whatever they come up with,
- AS A CONDITION OF EMPLOYMENT. So IN MOST CASES, the creator has been
- separated from the results of his or her creativity. But the image of
- the sole-proprietor hacker is raised up as a shield by the software
- industry -- the public can take pity on the "defenseless" hacker;
- people don't take pity on a Microsoft or an IBM. After invoking the
- "harm to the individual" argument, Mr. Woodward later says the
- distinction between creator and financier doesn't matter -- the
- software sharer is showing disrespect for the person who put up the
- cash. ("They risked the money, they deserve the rewards.") Here we get
- to the heart of the matter -- we're really talking about the "rights"
- of software corporations here; not the hacker, not the consumer, and
- not society.
-
- Nowhere do I argue that the people who write software should not be
- compensated for their effort. Of course people should be compensated!
- The question is how, and how much. Paycheck dollars from a
- corporation, a university, a cooperative or the government all spend
- equally as well. But the social benefits from the programmer's efforts
- are constrained by forcing them through the legal contortions of
- intellectual property rights and private ownership. The model that we
- have been using is private speculation for private gain, made possible
- via exclusive monopolies granted by the government, enforced by law. I
- am saying that other successful models exist and have generated useful
- products. The subtext in the "I deserve a reward" argument is that
- someone who comes up with a really useful idea should get a special
- reward. Fine. I have no problem with public recognition of significant
- contribution, even including a cash award. Again, this doesn't
- _require_ intellectual property rights.
-
- Third, to repeat my original point, property rights are NOT required
- to ensure creative activity. Switzerland didn't have a patent system
- until 1907, and the Dutch abandoned a patent system from 1869 until
- 1912. George Barsalla, in _The Evolution of Technology_, argues that
- this did not retard their economic development or their
- "inventiveness." Both countries eventually adopted patent laws because
- of pressure from other industrial nations. Mr. Morgan says that
- "*companies* create for financial gain" (which I certainly agree
- with), but puts this forward as if the protection of *their* financial
- gain somehow justifies the rest of us having to suffer under
- intellectual property rights. Corporations are not necessary for the
- generation of the software we need.
-
- Harlan Cleveland, former diplomat and dean of the University of MN's
- HHHumphrey Institute of Public Affairs (I mean, he's a mainstream
- guy), wrote in an essay that appears in _Information Technologies and
- Social Transformation_ (published by the National Academy of
- Engineering): "Is the doctrine that information is owned by its
- originator (or compiler) necessary to make sure that Americans remain
- intellectually creative?" He answers in the negative, citing the
- healthy public sector R&D efforts in space exploration, environmental
- protection, weather forecasting and the control of infectious diseases
- as counter examples. He concludes the section with a warning. "The
- notion of information-as-property is built deep into our laws, our
- economy, and our political psyche... But we had better continue to
- develop our own ways, compatible with our own traditions, of rewarding
- intellectual labor without depending on laws and prohibitions that are
- disintegrating fast -- as the Volstead Act did in our earlier effort
- to enforce an unenforceable Prohibition."
-
- Fourth, the notion of a solitary inventor is a popular falsehood. No
- one creates in a vacuum. The programmer's skills and creativity rest
- upon past inventions and discoveries; publicly supported education;
- the other people who produced the hardware, the manuals and textbooks
- and the development tools; as well as the artists and accompanying
- infrastructure who may have inspired or influenced the programmer. In
- this sense, the developer's product is a social product, and
- consequently should redound to the benefit of all of society. The
- practical problem of compensation for effort and reward for
- outstanding achievement can be addressed outside of "intellectual
- property rights."
-
- Mr. Woodhead dismisses my position as "welfare for hackers." This is a
- rather cheap shot. First, there is nothing wrong with welfare. But Mr.
- Woodhead means "welfare for hackers" in a pejorative sense (he adds
- that he is being heavily sarcastic). No self-respecting hacker, Mr.
- Woodhead suggests, would accept something from the public or the
- government. "Any hacker worthy of the name would spurn it." What about
- every programmer who works for the government, obtains funding from
- the government (including the defense industry), all programmers who
- go through school and college (they're subsidized by the taxpayer),
- and all programmers who work in universities? Who's left? The public
- is already heavily involved in software production, but as is too
- often the case, the public finances something, and then turns it over
- to private corporations to reap all of the profits from it.
-
- The "welfare" charge also carries a divisive edge to it, implying that
- hackers should sneer at welfare. This is a self-defeating position for
- the programming community. There has been a mythology that programmers
- are a privileged lot, and immune from the vagaries of the overall
- economy. Sleeper, awake! All programmers should read the first chapter
- of Edward Yourdon's new book, _The Decline and Fall of the American
- Programmer_. He rings an alarm bell that big changes are underfoot in
- software production. As a current snapshot of the industry, here are
- some stats which I submitted to the current CPSR/Berkeley newsletter
- (available in its entirety from the CPSR listserver,
- listserv@gwuvm.gwu.edu): "40,000 jobs were lost in the electronics
- industry in the first quarter of this year (compared to 90,000 in all
- of 1991), including 9,100 jobs at computer component makers. For the
- first time since the American Electronics Association started
- reporting software industry figures, software job growth was flat, at
- 133,400 workers. Wang goes into Chapter 11, with 5,000 workers to be
- laid off over the next 30 days... Besides Wang, Digital Equipment cut
- 20,000 jobs over the past two years, and will cut another 15,000 this
- year; Data General now has 7,100 workers, down from a high of 17,000.
- Even computer services employment has been dropping, down 7.3% from
- its peak at the end of 1989. IBM now will probably cut 12,000
- additional workers this year, on top of the 20,000 previously
- announced. (But profits are up at IBM!). Software maker Aldus is
- laying off 100 workers, the Disney Park Design Unit is laying off 400
- imagineers..." (And I've submitted similar figures for the previous
- two quarterly newsletters as well.) The defense industry is expected
- to fire 1.2 _million_ people over the next four years, many of them
- highly skilled engineers. Programmers do get laid off. I know from
- personal experience. I was glad that there was unemployment insurance.
- No programmer should be so complacent as to say "it can't happen to
- me." So be glad that there is a safety net there, and keep it strong.
-
- Re: my point that intellectual property rights prevent intellectual
- effort, including software development, from maximizing its social
- benefit: If a copy of Lotus 1-2-3 does have use for people, and people
- are prevented from using it (e.g., because of the price barrier), then
- its potential benefit is constricted. (For an interesting discussion
- of this see Natalie Dandekar, "Moral Issues Involved in Protecting
- Software as Intellectual Property," _DIAC-90 Proceedings_, CPSR, Palo
- Alto, CA, 1990.)
-
- Mr. Woodhead claims that other users are hurt by the unauthorized
- sharing of software, because they end up paying more for the software.
- He is too charitable to the software companies. There is no reason to
- believe that, in the absence of unauthorized duplication, software
- prices would be reduced. The prime directive of capitalism is maximum
- profit. That is what pushes the price upwards. He imagines that there
- is a point at which the capitalist ("free-marketeer") is satiated and
- retires from the feeding frenzy out there in the market. Maybe on
- Mars. The capitalist can't say, I've made enough moolah, because he
- knows that others are also grabbing for the goods, and whoever gets
- the most wins, and drives the competition from the marketplace. His
- claim that the purported $24 billion in lost revenue would have been
- returned to the customer if the "pirates" didn't exist is absurd. What
- does come out of the pockets of consumers is the cost of financing
- legal battles between an Intel vs. AMD, or Apple vs. Microsoft, or
- Ashton-Tate (RIP) vs. Fox, over who exactly does own a design or an
- interface or a language (!).
-
- Mr. Woodhead says that no companies specialize in educational
- software. If this in fact is the case, then this only reinforces the
- argument for the necessity of some sort of social or public or
- community (or whatever you want to call it) funding of educational
- software development. Just because there is no "market" for quality
- educational software does not in any way mean that there is no _need_
- for it. Woodhead blames the schools for sabotaging the educational
- market by unauthorized duplication -- this, I would suspect, is more
- the result of teachers trying to fulfill their professional commitment
- of educating children, in the face of deep cuts in education spending
- and the reluctance (or refusal) of vendors to negotiate affordable
- site licenses. (See e.g., the 9/92 issue of _MacWorld_ for more on
- this).
-
- A similar argument _against_ the market, and _for_ public
- participation in these matters is powerfully articulated in the work
- of Prof. Herbert Schiller (most recently in _Culture, Inc.: The
- Corporate Takeover of Public Expression_; for a briefer discussion see
- his article "Public Information Goes Corporate" which appeared in the
- October 1, 1991 issue of _Library Journal_). He quotes ( in _Culture,
- Inc._) a 1986 interview with the then president of database vendor
- DIALOG that appeared in _Information Today_: "We can't afford an
- investment in databases that are not going to earn their keep and pay
- back their development costs." When asked what areas were not paying
- their development costs, he answered, "Humanities." The tag line above
- the _LJ_ article says "a society is emerging in which only data with a
- commercial value will be collected." One can extend this to software
- -- only software with a commercial value will be commercially
- produced. Marginal markets will be ignored.
-
- Re: Mr. Morgan's notion of more aggressively extending patents to
- software: it's already taking place. I think this topic has been
- addressed thoroughly by the League for Programming Freedom in their
- "Against Software Patents" paper (available from
- league@prep.ai.mit.edu. The interested reader should also look at
- their "Against User Interface Copyright" paper). 17 years (typical for
- patents) is an eternity in the evolution of software (as is 10 or 20
- years, as suggested by Mr. Morgan). As a sidenote, even the SPA has
- opposed software patents.
-
- Re: fair use -- the point I was trying to make is that the concept of
- "fair use" has EVOLVED and EXPANDED with increasing ability to easily
- duplicate various media. "Taping of television programs for personal
- use appears to have become accepted as fair use of copyright material.
- This is not in accord with the historical interpretation of fair use,
- since the programs are taped in their entirety. The use of the
- doctrine in the past has usually been restricted to copying portions
- of the work [for purposes of criticism, comment, research, etc.]. The
- rationale of the court must have been the unlikely efficacy of trying
- to put Pandora back into the box and the fact that no commercial use
- of the tapes was either alleged or documented." (Anne Branscomb,
- "Property Rights in Information", in _Information Technologies and
- Social Transformation_). The point is that legal constructs like "fair
- use" are not brought to us by Moses -- they are determined by the
- balance of social forces through legal, political, economic and other
- forms of struggle. And therefore they are something which we can
- affect.
-
- If the persistent reader has made it this far, allow me to conclude
- with a quote from an interview with Bruce Sterling that appeared in
- the Summer, 91 issue of the excellent and highly recommended print
- publication _Intertek_ ($8/year, check payable to Steve Steinberg, 325
- Ellwood Beach, #3, Goleta, CA 93117; steve@cs.ucsb.edu): "I think that
- trying to commodify information -- trying to make it like buying a
- chair from Sears -- is just deeply misguided... It looks good on paper
- but as you go on year after year, trying to make it a reality, you
- find it just doesn't work. There are just too many people, like
- myself, who have very little respect for the idea of intellectual
- property. I don't pirate software, not because I believe that
- intellectual stuff is property, but just because I'm law-abiding.
- Information does want to be free -- it doesn't want to be $5 a baud.
- There's something stupid about that... I think we'll see a lot more
- commodification before we see less. But the idea of information as a
- commodity is just wrong. I mean, people say, 'if you could go into
- Sears and steal chairs they wouldn't stay in business.' Well if you
- had a device that could make infinite chairs for free, Sears would
- never have come into existence."
-
- Computer: Earl Grey tea. Hot.
-
- ------------------------------
-
- Date: 15 Sep 92 14:27:40 CDT (Tue)
- From: peter@FICC.FERRANTI.COM(Peter da Silva)
- Subject: File 2--Response to Davis/Piracy (1)
-
- Re: Wes Morgan's article in CuD #4.43
-
- I largely agree with most of his arguments, but I would like to point
- out one mistake... he says:
-
- "The whole concept of copyrights ... is based on the notion
- that the creator ... is entitled to some compensation for his
- effort"
-
- This is just not true. The whole concept of copyrights and patents in
- the United States is based on the notion that by making intellectual
- property a salable commodity subject to market forces, more and better
- intellectual property will be created and it will be distributed more
- freely.
-
- And, you know what, it works. There's no better refutation, nor need
- there be a better refutation, of the argument that piracy promotes
- openness. It doesn't. It promotes encrypted software, dongles, and
- trade secrets. It discourages publication. It reduces the incentive to
- create viable products of commercial quality. These are not the result
- of intellectual property laws, they're the result of the failure to
- enforce intellectual property laws.
-
- ------------------------------
-
- Date: 21 Sep 1992 08:45:30 -0800
- From: "Michael Stack" <stack@STARNINE.COM>
- Subject: File 3--Response to Davis/Piracy (2)
-
- The two responses (CuD 4.43) to James I. Davis's provocative article
- --"Software Piracy - The Social Context" (CuD 4..42) -- both make the
- common fault of equating whats good for business with that which is
- good for society as a whole. They both seem to view copyright and
- patents as a system guaranteeing a right to profit overlooking the
- original constitutional intent to "promote the progress of Science and
- the useful Arts."
-
- Mr. Davis has difficulty with the way property rights are applied with
- regard to software and information in general (as do I or I wouldn't
- be writing this), yet both respondents base significant portions of
- their counter-arguments upon the very object under contention. They
- use terms like "stealing" and that software/information is "property"
- etc. To be able to accuse someone of stealing or to claim something
- as property (and to subsequently grant licenses on how this property
- is to be used) implies there exists rights of ownership in the first
- place. The crux of Mr. Davis's article questions this right. The
- respondents by-pass this altogether. Their articles are but
- explanations of the existing order in case we didn't already
- understand.
-
- Neither mentions the recent alarming developments in the application
- of copyright and patent particularly to software (see the literature
- of the League for Programming Freedom or the recent Barrons "Software
- Patents Block the Path of Computing Progress" article) which threatens
- all software written outside the cubicles of major software
- corporations. The fact that "alls not well in the state of Denmark"
- in itself punches large holes in the system the two respondents
- defend.
-
- Both belittle the spectre of "police state" raised by Mr. Davis.
- Amazingly, this is done within the pages of a publication which has
- spotlighted many instances of "police-state" behavior: doors
- kicked-in in the early hours of morning, guns drawn, threats,
- equipment confiscated (permanently?), "guilty till proved innocent,"
- etc.
-
- Some specifics on Mr. Morgan's piece:
-
- --On the one hand you argue "If I pour 4 years of my life into the
- development of SnarkleFlex, I DESERVE to profit from it" but then you
- append a caveat which undoes this assertion "(assuming that people
- want to purchase/use it)." Doesn't this condition make your
- capitalized assertion self-destruct? Do you deserve to be rewarded
- for your work, yes or no, or is it to be let dependent on market
- caprice?
-
- --You ask "Would you make a copy of Webster's Dictionary and give it
- to a friend?" and you sport(!) "Xerox(tm)[ing] your entire printed
- library for me..." "...would be just fine, right?" Yes, it would --
- if the library and dictionary were in a readily distributable form and
- the copy cost me near nothing i.e. in digital form. I'd be happy to
- give you a copy. I could give it to anyone. As to how I'd have a
- library in the first place we can discuss (perhaps outside of this
- forum).
-
- Michael Goldhaber in his book Reinventing Technology states "Since new
- information technology includes easy ways of reproducing information,
- the existence of these [intellectual property] laws effectively
- curtail the widest possible spread of this new form of wealth."
-
- ------------------------------
-
- Date: Thu, 24 Sep 92 21:55:28 EDT
- From: woj <@netmgr.cso.niu.edu:REWOICC@ERENJ.BitNet>
- Subject: File 4--Studying Rights and Cyberspace
-
- The following article is transcribed from "Clarkson Closeup", a
- magazine sent to alumni and such. I thought that CuD might be
- interested in the subject matter (and perhaps the EFF might be as
- well). I'm fairly certain that Prof. Ross is reachable via the net.
- No byline is given.
-
- ((MODERATORS' COMMENT: Professor Ross may be reached at:
- SROSS@CRAFT.CAMP.CLARKSON.EDU).
-
- +++++
-
- "Studying Rights and Cyberspace"
-
- Susan M. Ross, assistant professor of Technical Communications, has
- been awarded a $3,600 grant from the Canadian Embassy to study the
- Canadian Charter of Rights and Freedoms and the U.S. Bill of Rights
- with respect to computer-mediated communication. Her research
- involves the study of cyberspace -- the "virtual" or imaginary space
- within which computer data is stored.
-
- Cyberspace can be entered though any computer connected in a network,
- or via a modem. Within networks, "communities" are formed through the
- ex-change of data and information.
-
- Ross is analyzing the human rights issues within these cyberspace
- communities to help define the rights of users connected to networks.
- Her research also assesses the differences in legal structure,
- regarding electronic communication, between the United States and
- Canada. Currently, she is looking at specific legal issues which have
- entered litigation.
-
- Last year, for example, a network called CompuServe experienced
- problems with obscene material posted by users. Courts ruled the
- network was not responsible for postings by a private user.
-
- Concerns have also arisen in both nations over guaranteeing "equal
- justice" to those accused of committing computer-assisted crimes and
- those accused of crimes in which computer technology in not involved.
- Differences in the wording of the constitutions could affect the
- pursuit of "equal justice." For example, the U.S. Constitution does
- not explicitly extend constitutional protections (e.g. First Amendment
- and Fourth Amendment rights) to citizens who employ or are affected by
- technologies that its framers could not anticipate. In contrast,
- Canada does guarantee, "freedom of thought, belief, opinion and
- expression, including freedom of the press and other media of
- communication."
-
- The research has applications for the Free Trade Agreement with
- respect to computer information exchange across the border. It also
- covers the evolution of constitutional civil rights for citizens who
- enter cyberspace from the U.S. and Canada.
-
- Ross received a bachelor of arts degree from Middlebury College,
- master's degrees from Dartmouth University and the University of
- Vermont, and her doctorate from Renssalaer Polytechnic Institute.
-
- ++++++++++
-
- I'd be interested in hearing more about this CompuServe case if anyone
- has any information on it - I seem to have missed it completely.
- Also, I think that Prof. Ross should be made aware of CuD, EFF and the
- telecom-privacy digest as I'm sure that she could find some
- interesting material there (and possibly save her some work.)
-
- Just another Clarkson alum...
-
- Reply to: Rob Woiccak - rewoicc@erenj.bitnet
-
- ------------------------------
-
- Date: Thu, 17 Sep 1992 19:15:01 -0400
- From: Christopher Davis <ckd@EFF.ORG>
- Subject: File 5--EFF analysis of FBI Digital Telephony (wiretap) proposal
-
- +=========+=================================================+===========+
- | F.Y.I. |Newsnote from the Electronic Frontier Foundation |Sep 17,1992|
- +=========+=================================================+===========+
-
- JOINT INDUSTRY/PUBLIC INTEREST COALITION RELEASES WHITE PAPER OPPOSING
- FBI DIGITAL TELEPHONY LEGISLATION
-
- WASHINGTON, D.C. -- The Electronic Frontier Foundation (EFF), on
- behalf of a coalition of industry, trade associations, computer users,
- and privacy and consumer representatives, today released a white paper
- entitled, "Analysis of the FBI Proposal Regarding Digital Telephony."
- The FBI has proposed legislation which would require that all
- telecommunications equipment be designed to allow law enforcement
- monitoring and is seeking passage in the last few weeks of this
- congress. The organizations that signed the paper believe that the
- proposal would cost consumers millions of dollars, damage U.S.
- competitiveness in the telecommunications marketplace, threaten
- national security interests, and deny American consumers and American
- businesses of much-wanted security and privacy on voice and data
- communications.
-
- "Basically, the FBI's legislative proposal is premature. We hope that
- the white paper demonstrates that there are too many potential dangers
- inherent in the legislative proposal and that there are other means of
- addressing this situation," said Jerry Berman, Executive Director of
- the Washington office of the Electronic Frontier Foundation.
-
- Over the past decade a host of new digital communication technologies
- have been introduced and more are being developed. New telephone
- services, such as call-forwarding and last number re-dial, are now
- being offered. The FBI is concerned about the impact these services
- -- and other digital communications techniques -- will have on its
- ability to wiretap. In the future, the vast majority of computer
- communications will also use this technology to transfer information
- and documents.
-
- Signatories included major telecommunications equipment manufacturers,
- such as AT&T; computer manufacturers, such as IBM and Digital
- Equipment Corporation; software producers, such as Microsoft and
- Lotus; network providers, such as Prodigy and Advanced Network and
- Services, Inc.; trade associations in the telecommunications, computer
- and electronic mail businesses; and public interest groups, such as
- the Electronic Frontier Foundation and the ACLU. The Electronic
- Frontier Foundation, a group of 955 members of the computer community,
- has been coordinating an industry/public interest working group on
- digital telephony.
-
- The working group has met with the FBI over a number of months in an
- effort to work out mutually-agreeable solutions to the challenge that
- the development of new communications technologies poses to the FBI.
- David Johnson, a partner at Wilmer, Cutler & Pickering, drafted the
- white paper for the working group and serves as its legal advisor.
-
- "We have made significant progress and both sides better understand
- the other's needs and concerns. The bottom line, however, is that
- those who signed the paper do not see broad-based legislation as the
- right approach to this challenge. We have worked with the FBI to
- develop practical, technical solutions to the problems they are
- anticipating and intend to continue to do so," said John Podesta, of
- Podesta Associates, Inc., who coordinates the working group on behalf
- of EFF.
-
- # # #
-
- For a copy of the white paper, please call +1 202 544-6906, or use
- anonymous ftp to ftp.eff.org, file pub/EFF/legal-issues/eff-fbi-analysis.
-
- FOR IMMEDIATE RELEASE September 17, 1992
-
- For more information contact: John Podesta 202/544-6906
- Jerry Berman 202/544-9237
-
- +=====+===================================================+=============+
- | EFF |155 Second Street, Cambridge MA 02141 (617)864-0665| eff@eff.org |
-
- ------------------------------
-
- Date: Fri, 18 Sep 92 07:06:00
- From: John F. McMullen <mcmullen@well.sf.ca.us>
- Subject: File 6--Cap't Crunch Discusses Sneakers With Newsbytes
-
- NEW YORK, NEW YORK, U.S.A., 1992 SEP 18(NB) -- John Draper, author of
- one of the earliest word processing programs, EasyWriter, and, under
- his nomme de plume, "Cap't Crunch", one of the first known "hackers",
- told Newsbytes that while he "really enjoyed Sneakers, people should
- realize that there is an important message contained within."
-
- Draper, who served time in prison for his "phone phreaking", was
- considered the model on which the role of "Cosmo", played by Ben
- Kingsley, was based. Cosmo, like Draper, served a prison sentence for
- his activities and, while in prison, became a collaborator with a
- nationwide criminal organization, becoming their technical wizard.
-
- Draper accepts the identification with Cosmo and says that the movie
- brings out the problems of technology transfer in prison. He said
- "While I was in prison, I learned how to pick a master lock. I didn't
- ask for the knowledge; it was forced on me. Someone would say 'Let me
- show you this' so you would.
-
- "They would wheedle things out of me -- you don't snitch or not go
- along in prison. I showed them how to build a random code voice
- scrambler as well as other things about methods of obtaining free
- phone service. It bothers me that these methods are probably used
- today by Columbia drug dealers.
-
- "We have to be concerned about the fact that prisons are Universities
- of Crime. We don't want criminals to have the benefit of knowledge
- that our government doesn't have. We don't want a Robert Morris or a
- Phiber Optik sharing a cell with a friend of Noreiga's. We should
- learn from history and come up with procedures to insure that this
- relationship between the computer underground and true criminals is
- not allowed to flourish."
-
- Draper also told Newsbytes that while he enjoyed the movie immensely,
- he did not care for violent portions in which guns were used; he said
- "I hate guns."
-
- Draper became "Cap'n Crunch" when he found that whistles given away in
- Cap't Crunch serial emitted the 2600 tone necessary to "fool" the
- automatic billing and verification system of the phone companies.
- Since his release from prison, Draper has written Easywriter and a
- Forth compiler for the Apple II (while writing the software products,
- Draper was known as "Cap't Software; he has since resumed Crunch). He
- has also been employed as a programmer and consultant.
-
- (Barbara E. McMullen & John F. McMullen/Press Contact: John Draper,
- crunch@well.sf.ca.us (e-mail)/19920918)
-
- ------------------------------
-
- Date: Mon, 14 Sep 1992 11:45:14 CDT
- From: James P Love <LOVE%PUCC@PSUVM.PSU.EDU>
- Subject: File 7--GATEWAY/WINDO ALERT
-
- ((MODERATORS' NOTE: The federal government seems to require dragging,
- kicking and screaming, into the 21st century. On-line access to
- federal information is *CRUCIAL* to an informed electorate, and we
- URGE READERS TO WRITE THEIR REPRESENTATIVES AND OTHERS))
-
- Gateway/WINDO - SEPTEMBER ALERT
-
- ===========================================================
- Re: S. 2813, the GPO Gateway to Government
- H.R. 2772, the GPO Wide Information Network for Data Online
- (WINDO)
- (two bills that would provide one-stop-shopping *online*
- public access to federal information systems and databases)
- ===========================================================
-
- September 14, 1992
-
- BACKGROUND
-
- Congress is considering two bills (S. 2813; hr 2772) that would
- require the Government Printing Office (GPO) to provide
- one-stop-shopping *online* public access to federal information
- systems and databases. (For a fact sheet or copies of the bills, send
- an email message to tap@essential.org). Joint House and Senate
- hearings were held on July 23, 1992. To become law, the bills must be
- approved by the House Administration and Senate Rules Committees, and
- then be approved by the full House and Senate.
-
- THE SCOOP
-
- On September 10, the Senate Rules committee canceled a scheduled
- mark-up of S. 2813, the Senate version of the Gateway/WINDO
- legislation. The official reason for the cancellation was the death
- of Senator Burdick. Unofficially, the problems have been attributed
- to house republicans, led by Newt Gingrich, who have threatened to
- oppose passage of a bill sponsored by Senator Gore, due to the
- presidential campaign. The alternative strategy is to the move the
- house bill first, thereby deemphasizing Senator Gore's role. If any
- bill moves this year it is likely to be a substitute for HR 2772,
- cosponsored by ranking republicans on the House Administration
- Committee.
-
- WHAT YOU CAN DO
-
- Clearly time is running out. The most important thing that you can do
- is contact your congressional representative and ask them to urge the
- congressional leadership to move these bills. It is particularly
- important to contact members of the House of Representatives,
- including the House leadership and republicans on the House
- Administration Committee. The names, telephone numbers and address
- for key legislators are given below.
-
- =========================
- Congressional Target List
- =========================
-
- Committee on House Administration,
- U.S. House of Representatives
-
- Representative State/District Phone Major Cities
-
- DEMOCRATS
-
- Charlie Rose NC-7 225-2731 Fayetteville/Wilmington
- Frank Annunzio IL-11 225-6661 Chicago
- Joseph Gaydos PA-20 225-4631 McKeesport
- Leon Panetta CA-16 225-2861 Monterey/Salinas
- Al Swift WA-2 225-2605 Bellingham/Everett
- Mary Rose Oakar OH-20 225-5871 Cleveland
- Bill Clay MO-1 225-2406 St. Louis
- Sam Gejdenson CT-2 225-2076 Norwich/Middletown
- Joe Kolter PA-4 225-2565 Beaver Falls/Butler
- Martin Frost TX-24 225-3605 Dallas
- Tom Manton NY-9 225-3965 Sunnyside
- Marty Russo IL-3 225-5736 Chicago
- Steny Hoyer MD-5 225-4131 Landover/PG County
- Gerald Kleczka WI-4 225-4572 Milwaukee
- Dale Kildee MI-7 225-3611 Flint
-
-
- REPUBLICANS
-
- Bill Thomas CA-20 225-2915 Bakersfield/Pismo Beach
- Bill Dickerson AL-2 225-2901 Montgomery
- Newt Gingrich GA-6 225-4501 Atlanta
- Pat Roberts KS-1 225-2715 Dodge City/Salina
- Paul Gilmor OH-5 225-6405 Bowling Green/Sandusky
- James Walsh NY-27 225-3701 Syracuse
- Mickey Edwards OK-5 225-2132 Oklahoma City
- Bob Livingston LA-1 225-3015 Slidell/Metairie
- Bill Barrett NE-3 225-6435 Scotsbluff/Grand Island
-
- HOUSE LEADERSHIP
-
- Thomas Foley WA-5 225-2006 Spokane/Walla Walla
- Robert Michael IL-18 225-6201 Peoria
- Richard Gephardt MO-3 225-2671 St. Louis
- Joe Moakely MA-9 225-8273 Boston
-
-
- Mail to House Members should be addressed:
-
- The Honorable ______________
- U.S. House of Representatives
- Washington, DC 20515
-
-
-
- Committee on Rules and Administration
- U.S. Senate
-
- Senator State Phone
-
- DEMOCRATS
-
- Wendell Ford KY 224-4343
- Claiborne Pell RI 224-4642
- Robert Bryd WV 224-3954
- Daniel Inouye HI 224-3934
- Dennis DeConcini AZ 224-4521
- Al Gore TN 224-4944
- Daniel Moynihan NY 224-4451
- Christopher Dodd CT 224-2823
- Brock Adams WA 224-2621
-
- REPUBLICANS
-
- Ted Stevens AK 224-3004
- Mark Hatfield OR 224-3753
- Jesse Helms NC 224-6342
- John Warner VA 224-2023
- Bob Dole KS 224-6521
- Jake Garn UT 224-5444
- Mich McConnell KY 224-2541
-
-
- SENATE LEADERSHIP
-
- George Mitchell ME 224-5344
-
-
- Mail to Senators should be addressed:
-
- The Honorable ____________
- U.S. Senate
- Washington, DC 20510
-
- =================================================================
- James Love, Director voice: 215/658-0880
- Taxpayer Assets Project fax: call
- 12 Church Road internet: love@essential.org
- Ardmore, PA 19003
-
- ------------------------------
-
- Date: Fri, 18 Sep 92 12:10:42 EDT
- From: LOVE@TEMPLEVM.BITNET
- Subject: File 8--Model Letter in re S. 2813 / HR 2772
-
-
- Dear _________
-
-
- We strongly support the GPO Gateway/WINDO (S. 2813; hr 2772)
- legislation now pending before the Senate Rules and House
- Administration Committees. These bills will vastly expand public
- access to information produced at public expense, and allow ordinary
- citizens to benefit from billions of dollars in federal expenditures
- on information technologies. Citizen access to government computer
- systems and databases through modems and computers is an idea whose
- time has come. These bills are strongly supported by the American
- Library Association, academic organizations, and many others in the
- research community, including citizens groups and large and small
- businesses. Please tell me what specific steps you take to obtain
- passage of this important legislation.
-
- ------------------------------
-
- Date: Tue, 22 Sep 1992 20:00:00 -0400
- From: Nigel Allen <nigel.allen@CANREM.COM>
- Subject: File 9--police files conference
-
- Here is a press release from the U.S. Department of Justice.
-
- National Criminal Justice Information Conference in New Orleans
- To: City and Assignment desks
- Contact: Stu Smith of the Office of Justice Programs,
- U.S. Department of Justice, 202-307-0784 or
- 301-983-9354 (after hours)
-
- WASHINGTON, Sept. 23 -- A national conference on federal-state
- criminal justice information sharing will be held from Wednesday,
- Sept. 23, through Saturday, Sept. 26, in New Orleans, the Department
- of Justice announced today.
-
- Jointly sponsored by the Bureau of Justice Statistics (BJS) and the
- Justice Research and Statistics Association (JRSA), the conference
- participants will discuss "Federal and State Information Sharing to
- Effectively Combat Crime and Ensure Justice."
-
- Specific topics that will be aired include "New Measures in the
- Criminal Justice System," "'Weed and Seed' and New Drug and Crime
- Prevention Initiatives," "Challenges and Reforms to the Justice System
- in the 90s," "Uses of Incident-based Reporting Systems," "Recent
- Developments in Criminal History Improvements" and various research
- issues in corrections, prosecution and law enforcement. Among the
- approximately 250 people expected to attend will be officials from
- state and local government and various federal agencies as well as
- leading criminal justice researchers and scholars. Other participants
- will be the directors of State Statistical Analysis Centers (SACs) and
- other members, associate members and guests of JRSA.
-
- BJS has provided funding to state justice statistics and
- information systems through a network of SACs since 1972. There are
- currently SACs in 48 states, the District of Columbia, Puerto Rico,
- the Virgin Islands, and the Northern Mariana Islands. The SACs
- provide a wealth of data about crime and the operation of the criminal
- justice system to state and local governments, legislatures,
-
- and Attorneys General for policy analysis and planning purposes. This
- year is the 20th anniversary of the SAC program. It also marks the
- beginning of a new initiative to establish a truly national system of
- federal, state and local government information-sharing and readily
- accessible data bases.
-
- Additional information about BJS programs and publications may be
- obtained from the Bureau of Justice Statistics Clearinghouse, Box
- 6000, Rockville, Md. 20850. The telephone number is 800-732-3277.
- +++
- Canada Remote Systems - Toronto, Ontario
- World's Largest PCBOARD System - 416-629-7000/629-7044
-
- ------------------------------
-
- End of Computer Underground Digest #4.46
- ************************************
-