The Hacker's Encyclopedia 1998/hackers_encyclopedia.iso/zines/cud/cud567.txt

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Computer underground Digest    Sun  Aug 29 1993   Volume 5 : Issue 67
                           ISSN  1004-042X

       Editors: Jim Thomas and Gordon Meyer ([e-mail])
       Archivist: Brendan Kehoe
       Shadow-Archivists: Dan Carosone / Paul Southworth
                          Ralph Sims / Jyrki Kuoppala
                          Ian Dickinson
    Cookie Editor: Etaoin Shrdlu, III

CONTENTS, #5.67 (Aug 29 1993)
File 1--Having Problems Reading CuD with your Software?
File 2--FERPA Redux--more on disses/theses as "private records"
File 3--Cops plead no contest to selling data
File 4--Article on Patient Privacy
File 5--CuNews - Whitehouse Mail; SPA's "Cities of Pirates"
File 6--Technology Conversion Conference
File 7--"Dirty Dan" Teaches "anti-hacking" to 3rd Graders
File 8--Calif Assem. Bill #1624 - Latest Full Text

Cu-Digest is a weekly electronic journal/newsletter. Subscriptions are
available at no cost electronically from [e-mail]. The
editors may be contacted by voice (815-753-0303), fax [phone])
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
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libraries and in the VIRUS/SECURITY library; from America Online in
the PC Telecom forum under "computing newsletters;"
On Delphi in the General Discussion database of the Internet SIG;
on the PC-EXEC BBS at [phone]; and on: Rune Stone BBS (IIRG
WHQ) [phone] NUP:Conspiracy; RIPCO BBS [phone]
CuD is also available via Fidonet File Request from 1:11/70; unlisted
nodes and points welcome.
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COMPUTER UNDERGROUND DIGEST is an open forum dedicated to sharing
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DISCLAIMER: The views represented herein do not necessarily represent
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            violate copyright protections.

----------------------------------------------------------------------

Date: Sun, 29 Aug 1993 16:49:21 CDT
From: CuD Moderators <[e-mail]>
Subject: File 1--Having Problems Reading CuD with your Software?

We receive periodic reports that sometimes CuDs are truncated, grossly
mis-formatted, or otherwise glitched when the arrive.  CuDs leave us
as a single file formatted according to standard digest conventions.
Usenet readers often have an option of several software programs, such
as tn, nn, rn, or burst (among others). Sometimes the programs vary in
what they access (for example, nn excludes the preliminary
"administrative trivia" which contains the editorial statement and
ftp/back issue info).  Those receiving CuD from the mailing list may
download it and read with a word processing program that garbles the
format.  On occasion, the way a system receives a program may also
cause a glitch. For example, CIS readers reported truncated CuDs and
wondered if we could fix the problem. It appears, however, that they
were using "WinCIM" to access the service, and that the program has a
bug in it.  American On Line readers using DOS were receiving about a
fifth of each issue because of space limitations on incoming mail (MAC
readers where receiving about 2/3s of an issue).

We appreciate it when readers notify us of problems, because it helps
us keep track of things and sometimes  note to the recipient's
postmaster can fix things. In general, however, we can't do much about
fixing glitches.  If you are having problems reading CuDs, we suggest
that you contact your local system guru and send a copy of your note
to us, along with a brief example of the problem. If the response
isn't adequate, then we'll try to contact the admins to see if we can
help resolve the problem.

For those who've asked, we can't, unfortunately, change the formatting
without causing problems for the vast majority of readers, but we can
try to share tips on resolving some of the problems, about 99 percent
of which can be done simply by switching to an alternative reader.

------------------------------

Date: Fri, 27 Aug 1993 9:21:09 GMT+13:16
From: Susan Rabe <[e-mail]>
Subject: File 2--FERPA Redux--more on disses/theses as "private records"

((MODERATORS'S NOTE: In CuD 5.66, we ran the story and our response
to the FERPA ruling by the U.S. Dept of Education, which would
re-classify graduate student theses and dissertations as private
student records and therefore subject to privacy laws. The following
post elaborates on the FERPA interpretation)).

++++

I've extracted this from a recent posting on ala-wo@uicvm.  It gives
more details on the ruling than the original posting. The hangup on
theses and dissertations seems to rest on whether or not you consider
them published. (3rd paragraph, 2nd to last line)
*********************************************************************
                                                             ISSN 1069-7799
                                  ALAWON
                      ALA Washington Office Newsline
                     An electronic publication of the
              American Library Association Washington Office

                            Volume 2, Number 35
                              August 26, 1993

                   DISTRESSING DISSERTATION DEVELOPMENT

A recent AP news release reports that the U.S. Department of Education
has ruled that masters and doctoral theses are considered to be
student "education records," similar to grade records, and are
therefore subject to the Family Educational Rights and Privacy Act
(FERPA).  Accordingly, students' theses may not be accessed by
academic researchers without the permission of the student authors.
An opinion issued by LeRoy S. Rooker, Director of the Family Policy
Compliance Office, U.S. Department of Education, stated:

        As you know, FERPA generally protects a student's privacy
        interests with regard to "education records."  "Education
        records" are defined as those records that are 1)
        directly related to a student and 2) maintained by an
        educational agency or institution or a party acting for
        the agency or institution.  34 CFR 99.3.  Accordingly,
        any records which are directly related to a student and
        are maintained by the University are education records
        subject to the provisions of FERPA.  Thus, there are no
        distinctions between undergraduate and graduate theses.

        FERPA prevents subject educational agencies and
        institutions from disclosing education records without
        prior written consent, with specified exceptions 34 CFR
        99.30 and 99.31.  None of the exceptions would permit
        making student theses available to the public, such as in
        the University Library, without first obtaining written
        consent from the student.  Further, the written consent
        must specify the records that may be disclosed; state the
        purpose of the disclosure; and identify the party or
        class of parties to whom the disclosure may be made.  34
        CFR 99.30(b).  This Office recognizes that undergraduate
        honors theses and graduate theses differ in nature from
        typical student research papers and other education
        records in that theses often become research sources
        themselves and are on occasion published.  As such, this
        Office would consider any written statement by a student
        permitting publication of a thesis sufficient consent
        under FERPA because such statement shows that the student
        intended the work to become publicly available.

Rooker told the ALA Washington Office that his office would not take
any action on this issue unless they receive a complaint.

------------------------------

Date: Wed, 25 Aug 93 11:19:11 PDT
From: [e-mail](Gary Ross)
Subject: File 3--Cops plead no contest to selling data

                Cops plead no contest to selling data
           From the San Jose Mercury News August 24, 1993:

     Two former San Jose police officers - arrested last summer for
selling confidential "rap sheets" and driver information to a private
investigator - face three months in Santa Clara County Jail after
pleading no contest to felony conspiracy charges Monday.

     The two men are scheduled to be sentenced Sept. 17 by Santa Clara
County Superior Court Judge Robert Foley.

     Brian D. Blackford, 34, and Robert W. Brownlee, 29 are currently
free on bail.

     Sheila Jean Klopper, 47 - the Mountain View private investigator
to whom they illegally furnished data from the police department's
computer bank - already has pleaded guilty to a reduced charge, been
sentenced to two year's probation and ordered to pay a $300 fine.

     Brownlee, a patrol officer for two years, and Blackford, an
eight-year veteran, were fired after a departmental investigation of
the charges.

     "We hope the prosecution of this case will send a message to
those who might otherwise abuse the computer system," Deputy District
Attorney James Shore said Monday. "Maybe it will make people think
twice. If you had told them (Blackford and Brownlee) that they would
lose their jobs over this, they wouldn't have done it."

     Originally accused of a felony, Klopper pleaded guilty to a
mis-demeanor after a preliminary hearing during which Municipal Judge
Edward J. Nelson - over Shore's objections - granted a motion to lower
the charge.

     Nelson ruled that while Klopper had initially solicited the
officers for confidential information, the offenses by Brownlee and
Blackford were more serious because they had violated positions of
trust for which they should be held to a higher standard. When first
approached by Klopper, they could simply have told her "no," said
Nelson.

     The three were arrested last August after a police probe revealed
the two officers had accessed the department's computer system to
provide Klopper Investigations of Mountain View with information in
connection with criminal and civil cases. Klopper, who paid $25 a copy
for the documents, worked for several of San Jose's prominent lawyers.

     It could never be determined exactly how many records Klopper
purchased, but the total exceeded 50 and may have numbered several
hundred over a year or more, Shore said.

     Under state law, police officers are permitted access to criminal
background information only for official investigations.

     In the San Jose Police Department, an officer can retrieve a
background report from the Criminal Justice Information System by
logging onto a computer. Badge numbers are used to identify the
individual seeking the information.

     Brownlee and Blackford circumvented the procedures meant to
identify officers by signing onto the system with either non-existent
badge numbers or with the badge numbers of other officers, according
to Shore. On one occasion, the number 1000 - used by retired Chief
Joseph McNamara, was used to bypass security.

     Daniel Jansen, the attorney for Blackford and Brownlee, said
theirs was "one of the saddest cases" he has handled in the years he
has been defending cops.

     "Two fine officers threw over their careers for so little. It
cost them so much," he said.

     Both men went through divorces after their arrests.

------------------------------

Date: Fri, 27 Aug 93 14:45:41 MDT
From: [e-mail](Ron Carter)
Subject: File 4--Article on Patient Privacy

Here is an article that was printed in the 27 AUG 93 Denver Post:

                    Patients' legal past for sale
                  By Tamar Lewin, The New York Times

  Philadelphia doctors will soon be offered a new service that may
have been inevitable in a society in which both lawsuits and computers
are commonplace: For $80 a month, they can find out whether a
prospective patient has ever filed a malpractice suit against another
doctor.

  The service, Courtscan, is to begin direct-mail marketing to
Philadelphia-area doctors next week, said William Benedict, president
of Courtscan Services in Greenwich, Conn.

  Benedict said the service would be expanded to New York, Chicago,
Houston, Los Angeles and Miami within six months.  He also said that
he planned to offer a similar service to employers, landlords,
insurers and others who may be leery of litigation.

  Courtscan will offer doctors "complete litigation histories of
patients in 60 seconds or less," Benedict said.  The company's
advertisements counsel doctors to "screen new patients you think
might be `malpractice-prone,' so you can adopt necessary defensive
cautionary measures."

  Litigation records have always been public, but until the advent of
computers it was extremely cumbersome to search court records for a
particular person's legal complaints.  But now, Benedict said, his
company has a data base of all 802,000 lawsuit and judgments filed
with Philadelphia's Court of Common Pleas since 1982.

  While there is nothing illegal in compiling or selling such data,
some doctors and consumer advocates worry that such a service might do
more harm than good, smearing individuals who had filed claims in good
faith and creating an increasingly hostile relationship between
doctors and patients.

  Indeed, the Pennsylvania Medical Society recently refused to run an
advertisement for Courtscan in its monthly magazine.  "We are
concerned about anything that would possibly prejudice a physician
against caring for a particular patient," said Dr. Donald Ferguson,
the president of the society.

------------------------------

From: [e-mail]
Date: Sat, 28 Aug 93 00:05:00 BST
Subject: File 5--CuNews - Whitehouse Mail; SPA's "Cities of Pirates"

Anti-Smoking Video Game
=======================
In an effort to use video games as social/health propaganda, the
American Cancer Society will be placing "Tabaccoid" video games in
shopping malls.  While the game doesn't have any blatant messages,
player must kill the evil Tobacco monster (dubbed "Tabaccoid") to
advance in the game. The free-play arcade game will be appearing in
shopping malls soon.  (WLS Radio, Chicago IL 8/23/93)

Executive Branch Email
======================
The White House has until September to appeal a US appellate court
ruling that email must be preserved, as are paper documents, for
storage in the National Archives.  The ruling applies primarily to a
1300-user network that links the White House, the Cabinet, and the
National Security Council.  White House information services officials
are reportedly displeased, but one anonymously stated that the White
House Communications Agency "must and will adhere to the law".
(Information Week. August 23, 1993. pg 15)

City of Pirates
===============
The SPA (Software Publishers Association) says that 34 of the piracy cases
it closed in fiscal '93 were in Los Angeles.  SPA characterizes the city
as a "piracy hotspot". New York City (28 cases) and San Francisco (18)
were close behind. On a per-state basis, California, Texas, Florida, New
York, and Illinois are the top five for anti-piracy action over the last
three years. These five states combined account for 62% of SPA cases. Since
1990 the SPA has initiated more than 1300 actions across the nation.
(Information Week. August 23, 1993. pg 16)
ComputerWorld (August 23, 1993 pg 16) adds that Houston is the city with
the fourth largest incidence of piracy cases.

All Time Wiretap Record
=======================
The Privacy Journal reports the Bush adminstration's average of 332
wiretap applications per year - mainly for drug offenses - was nearly
twice the yearly amount of the Reagan administration. In comparison:
from the time of the Watergate years in the early-1970's to 1983,
federal wiretap authorization did not exceed 140 in one year.
(Communications of the ACM. Sept 1993. pg13 Reprinted with permission)

------------------------------

Date: Thu, 19 Aug 1993 14:45:31 EDT
From: Greg Bischak <[e-mail]>
Subject: File 6--Technology Conversion Conference


I. Conference Announcement

National Conference on Technology Conversion: Reinvestment in
National Needs

October 7 and 8, 1993
Rosslyn Westpark Hotel
Arlington VA

Speakers will Include Representatives from:

American Capital Strategies
Cray Research Corporation
Department of Energy
Federal Highway Administration
Industrial Union Department, AFL-CIO
International Association of Machinists
National Economic Council
National Institute of Standards and Technology
Northrop Corporation
Office of Technology Assessment
Sun Microsystems
United Technologies Corporation
White House Office of Science and Technology Policy
Westinghouse Electric Corporation
World Resources Institute
Worldwatch Institute

The National Commission for Economic Conversion and Disarmament
will convene a conference on a major aspect of the conversion
challenge:

1. To redirect our military-oriented federal science and
technology policy toward solving our neglected domestic problems
2. To promote investments in emerging technologies that can create
new jobs and market opportunities for converting businesses
3. To explore the means of financing technology conversion
4. To democratize the discussion of this new policy

The conference will bring together policy makers within the
Administration and Congress, scientists and engineers, corporate
managers and trade unionists, and those in the independent sector
working on issues of conversion, the environment, renewable energy
and transportation policy.

In plenary sessions we will examine current science and technology
policy, the missing pieces of this policy, and the means of
financing investments that will turn emerging technologies into
sustainable, life-affirming enterprise.  In working groups we will
look more closely at some of the most promising of these
technologies.

Conference Co-Sponsors Include:

Economic Policy Institute
Industrial Union Department, AFL-CIO
Energy Conversion Devices, Inc.
University of Wisconsin Extension/ School for Workers
21st Century Project

II. Registration Information

To register by mail send a check for $80, payable to ECD, to:
ECD, Suite 9, 1801 18th Street, NW, Washington, D.C.  20009.
Your registration fee covers lunch and break refreshments on both
days and refreshments at the October 7 reception (there will be a
cash bar).

A small number of rooms have been reserved for conference
participants at the Westpark Hotel, at a reduced rate of $87.00
per night. For reservations call [phone] or [phone].
The Westpark Hotel is located at 1900 North Fort Myer Drive,
Arlington, VA, one block from the Key Bridge and the Rosslyn Metro
Stop; on the Blue Line from National Airport.

Space is limited, so please make reservations early.  If you have
any questions regarding the conference, please call Miriam
Pemberton, Jim Raffel or Kristen Kann at 202-462-0091.

On the afternoon of  October 8th we will hold 12 workshops on
emerging technologies, four at a time. To help us schedule these
to accommodate conference participants best, please indicate the
three workshops that you are most interested in attending when
registering:

A. Fuel Cell Technology
B. Renewable and Alternative Energy Technology
C. Transportation Technology
D. Environmental Technology
E. Aerospace Technologies: New Commercial Markets
F. Infrastructure Development
G. Smart Materials Technology Implementation in Infrastructure
Enhancement
H. High Speed Rail and Freight Transportation
I.  Zero-Discharge Manufacturing Technology
J. Information Infrastructure
K. Shipbuilding Industry
L. Manufacturing Extension Services

III. Preliminary Conference Schedule

THURSDAY, OCTOBER 7, MORNING SESSION

Plenary I - Conversion and National Science & Technology Policy

1. Introductory Remarks:

Senator Barbara Boxer, (D-CA)  (invited)

Katherine Gillman, Special Assistant for Defense Conversion, White
House Office of Science and Technology Policy

Ann Markusen, Professor, Rutgers University; co-author of
Dismantling the Cold War Economy

2. Redefining National Security: Federal Policies

Rep. George Brown (D-CA), Chair, House Science, Space and
Technology Committee (invited)

Vice President Albert Gore, Jr. (invited)

Seymour Melman, Chair, National Commission for Economic Conversion
and Disarmament

3. Dual-Use Technology Policy and Beyond

Dorothy Robyn, National Economic Council

Lewis M. Branscomb, Albert Pratt Public Service Professor, John F.
Kennedy School of Government, Harvard University

4. Technology Transfer

Rep. Ron Wyden, (D-OR)

Robert D. Glasser, Center for National Security Studies, Los
Alamos National Lab

Jim Ling, Science, Technology and Public Policy Program, MIT

THURSDAY, OCTOBER 7, AFTERNOON SESSION

Plenary II - Reinvestment and Conversion: Toward a National Needs
Agenda

1. Environmental Sustainability

Michael Renner, Senior Researcher, Worldwatch Institute

Greg Pitts, Microelectronic and Computer Technology Corporation

2. Economic Conversion

Peter diCicco, Secretary Treasurer, Industrial Union Department,
AFL-CIO

Rep. Rosa DeLauro, (D-CT) (invited)

Lou Kiefer, International Association of Machinists and Aerospace
Workers

Joseph Hoffman, Manager of Marketing Systems Development and
Engineering Division,Westinghouse Electronics Systems Group

3. Democratizing the Decision-Making Process

Gary Chapman, Director, 21st Century Project, a nationwide effort
to reorient public support for science and technology toward
solving critical domestic problems

Jim Benn, Federation for Industrial Renewal and Retention (FIRR)

4. Reception (Thursday Evening)

FRIDAY OCTOBER 8, MORNING SESSION

Plenary III - Financing High Technology Innovation and
Infrastructure Development

1. Government Initiatives and Institutions

Jeff Faux, Economic Policy Institute

Herb Whitehouse, Whitehouse Fiduciary Advisers

2. Private Financing

Bruce R. Guile, Director, Programs, National Academy of
Engineering, Washington, DC; tax credits and incentives for
innovation and new technology R&D

Tom Schlesinger, Southern Finance Project

3. Alternative Financing Structures

Martin Trimble, National Association of Community Development Loan
Funds

Mike Locker, Locker and Associates, economic consulting firm
specializing in conducting feasibility studies for employee
buyouts, with a concentration on the steel industry

Adam Blumenthal, Vice President and Partner, American Capital
Strategies

FRIDAY, OCTOBER 8, AFTERNOON SESSION

Workshops on the Following Emerging Technologies:

A. Fuel Cell Technology

William J. Lueckel, Vice President, Government Programs and
Marketing, International Fuel Cells, United Technologies
Corporation

Jeff Serfass, Exec. Dir., Fuel Cell Commercialization Group

B. Renewable and Alternative Energy Technology

Eric Vaughn, President, Renewable Fuel Association

Frank Bruno, CEO, Turbo Power and Marine Systems, Inc., division
of Pratt Whitney (invited)

C. Transportation Technology: Vehicles, Highways and Public
Transit

Victor S. Rezendes, Director, Energy Issues, GAO; on flexible fuel
vehicle program

Wesley B. Truitt, Deputy Manager for Business Development,
Northrop Corporation

D. Environmental Technology

David Blaskovich, Senior Director, Environmental Programs, Cray
Research Corporation

Mark Schaefer, White House Office of Science and Technology Policy

R. Darryl Banks, Program Director, Program in Technology and
Environment, World Resources Institute

Clyde Frank, Deputy Assistant Secretary for Technology
Development, Office of Environmental Management, Department of
Energy

E. Aerospace Technologies

David P. Radzanowski, Analyst in Aerospace Policy, Science Policy
Research  Division, Congressional Research Service

Samuel N. Goward, Associate Professor, Director, Laboratory for
Global Remote Sensing Studies, University of Maryland at College
Park

F. Infrastructure Development

Harry B. Caldwell, Office of Policy Development, Highway Needs and
Investment Branch, Federal Highway Administration

Sue McNeil, Carnegie-Mellon University; infrastructure management,
condition assessment, and image processing

G. Smart Materials Technology Implementation  in Infrastructure
Enhancement

Craig A. Rogers, Professor and Director, Center for Intelligent
Material Systems and Structures, Virginia Tech

Vijay Varadan, Professor of Engineering Science, Pennsylvania
State University and Editor-in-Chief, Journal of Smart Materials
and Structures

H. High Speed Rail and Freight Transportation

Raymond V. Lanman, National Railroad Passenger Corporation
(Amtrak); commuter rail and business development

Edward K. Morlok, University of Pennsylvania; freight
transportation in the future: New Demands, New Approaches, New
Technologies

John Ullmann, Professor of Management and Quantitative Methods,
Hofstra University

I. Zero-Discharge Manufacturing Technology

Robert Atkinson, U.S. Congress, OTA, Industrial Technology &
Employment Program.

Ken Geiser, Director, Toxics Use Reduction Institute at U Mass,
Lowell

J. Information Infrastructure

Marc Rotenberg,  Washington Office Director, Computer
Professionals for Social Responsibility

John Gage, Sun Microsystems (invited)

K. Shipbuilding Industry

William Avery, Johns Hopkins Applied Physics Laboratory; expert on
Ocean Thermal Energy Conversion technology

Virgil Rinehart, Senior Advisor for Shipbuilding, Maritime
Administration (invited)

L. Manufacturing Extension Services

Philip Nanzetta, Director, Manufacturing Extension Partnership,
National Institute of Standards and Technology

George Sutherland,  Director, Great Lakes Manufacturing Technology
Center

------------------------------

Date: Sun, 21 Aug 1993 11:32:43 EDT
From: [e-mail]
Subject: File 7--"Dirty Dan" Teaches "anti-hacking" to 3rd Graders

   "Ethics Program for Children Introduces 'Dirty Dan' the Hacker"

   Source: The Orange County Register, Feb. 22, 1993, p. D24 (from
                   staff and news service reports)

Goosebery makes computer mistakes because she hasn't been properly
trained. Chip worries that Gooseberry's blunders will spill secrets.
And then there's Dirty Dan, the hapless hacker whose dastardly doings
know no bounds.

Welcome to the latest in computer crime prevention -- an ethics and
security program designed to teach children from kindergarten through
third grade to take a "byte" out of crime.

"The average hackers's getting younger and younger," program
developer Lonnie Moore said."Right now, there's a computer in every
classroom. What we found was that nobody out there is teaching ethics
and security."

Moore is a computer security manager at the Lawrence Livermore National
Laboratory's Computation Organization. Workers there, including
puppeteer Gale Warshawsky, have developed a 30-minute presentation for
young computer users.

The star of the show is Chip, a puppet representing the computer
itself. Gooseberry is the poorly trained computer operator, Dirty Dan
the heinous hacker -- and sloppy eater -- and Goldie Sock the
commentator.

Philip Chapnick, director of the Computer Security Institute in San
Francisco, praised the idea of teaching children to be good computer
citizens.

"One of the major issues in information security in companies now is
awareness. Starting the kids off early. ...I think it will pay off,"
Chapnick said.

------------------------------

Date: Fri, 27 Aug 1993 17:36:04 GMT
From: [e-mail](Ray Kiddy)
Subject: File 8--Calif Assem. Bill #1624 - Latest Full Text

((MODERATORS' NOTE: Here is the latest version of California Assembly
Bill #1624, which would mandate electronic availability of legislative
and other material. Readers might begin contacting their own state
legislatures and encourage them to introduce similar legislation)).

               AMENDED IN SENATE AUGUST 25, 1993

               AMENDED IN SENATE AUGUST 16, 1993

                AMENDED IN SENATE JUNE 17, 1993

                AMENDED IN ASSEMBLY MAY 18, 1993

        CALIFORNIA LEGISLATURE--1993-94 REGULAR SESSION

ASSEMBLY BILL                                       No. 1624

         Introduced by Assembly Member Bowen
          (Principal coauthor: Senator Torres)
   (Coauthors: Assembly Members Areias, Bornstein,
     Goldsmith, Isenberg, Johnson, Karnette, Katz
         Mountjoy, Nolan, Polanco, Speier, and
                    Vasconcellos)
 (Coauthors: Senators Dills, Hayden, Killea, Morgan, and
                      Rosenthal)

March 4, 1993

An act to add Section 10248 to the Government Code,
relating to the Legislature;

LEGISLATIVE COUNSELUS DIGEST

  AB 1624, as amended, Bowen. Legislature: legislative
information: access by computer network.
  Under existing law, all meetings of a house of the Legislature
or a committee thereof are required to be open and public, unless
specifically exempted, and any meeting that is required to be open
and public, including specified closed sessions, may be held only
after full and timely notice to the public as provided by the
Joint Rules of the Assembly and Senate.
  This bill would make legislative findings and declarations that
the public should be informed to the fullest extent possible as to
the time, place, and agenda for each meeting.
  This bill would require the Legislative Counsel, with the advice
of the Assembly Committee on Rules and the Senate Committee on Rules,
to make available to the public, by means of access by way of the
largest nonproprietary, nonprofit cooperative public computer network,
specified information concerning bills, the proceedings of the
houses and committees of the Legislature, statutory enactments,
and the California Constitution.
  Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.

  The people of the State of California do enact as follows:

 1    SECTION 1. Section 10248 is added to the
 2  Government Code, to read:
 3    10248. (a) The Legislature finds and declares that
 4  the public should be informed to the fullest extent
 5  possible as to the time, place, and agenda for each
 6  meeting of the houses and committees of the Legislature.
 7  The Legislature further finds and declares that it is
 8  desirable to make timely information regarding these
 9  proceedings available to each member of the public,
10  irrespective of where he or she resides, for the least cost
11  possible.
12    (b) The Legislative Counsel shall, with the advice of
13  the Assembly Committee on
14  Rules and the Senate Committee on Rules, make all of the
15  following information available to the public in electronic
16  form:
17    (1) The most recent Assembly Daily File and most
18  recent Daily Senate File.
19    (2) The text of each bill introduced in each current
20  legislative session, including all amended forms of the
21  bill.
22    (3) The bill history of each bill introduced and
23  amended in each current legislative session.
24    (4) The bill status of each bill introduced and
25  amended in each current legislative session.
26    (5) All bill analyses prepared in connection with each
 1  bill in each current legislative session.
 2    (6) All vote information concerning each bill in each
 3  current legislative session.
 4    (7)
 5  Any veto messages concerning a bill in each current
 6  legislative session.
 7    (8) The California Codes.
 8    (9) The California Constitution.
 9    (10) All uncodified statutes enacted on or after
10  January 1, 1993.
11    (11) Documentation that is available to the public and
12  maintained in computerized form by the Legislative
13  Counsel which describes the computerized digital
14  formats of the files containing the information specified
15  in this subdivision.
16    (c) The Legislative Counsel shall automatically
17  transmit copies of files of the information specified in
18  specified in subdivision (b) by way of the largest
19  nonproprietary, nonprofit cooperative public computer
20  network upon receiving any computerized request for
21  the files.
33  The
34  information in the files shall be formatted in the same
35  manner as that maintained in the legislative information
36  system that is operated and maintained by the Legislative
37  Counsel. The files shall be made available immediately
38  after the information system is updated with the files. In
39  the event that a technical malfunction prevents these
40  files from being made available within four hours after
 1  the information system is updated with them, the
 2  Legislative Counsel shall report that fact to the Assembly
 3  Committee on Rules and the Senate Committee on Rules
 4  within one business day.
 5    (d) Any file that is available pursuant to subdivision
 6  (c) shall remain available to the public upon request by
 7  electronic digital data transmission until it is updated.
 8  When a file is updated, a copy of the file without the
 9  updated information shall remain available to the public
10  by electronic data digital transmission for at least 90 days
11  after the update.
12    (e) The Legislative Counsel may not control which or
13  how many files are available to a person who requests the
14  files nor monitor or keep any records about those persons
15  who request files, except for the purpose of assuring the
16  quality of computer operations. No fee or other charge
17  shall be imposed as a condition
20  of accessing the information that is accessible by way of
21 the computer network specified in subdivision (c).
22    (f) The electronic public access provided by
23  subdivision (c) shall be in addition to other electronic
24  or print distribution of the information.
25    (g) No action taken pursuant to this section shall be
26  deemed to alter or relinquish any copyright or other
27  proprietary interest or entitlement of the State of
28  California relating to any of the information made
29  available pursuant to this section.

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End of Computer Underground Digest #5.67