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- Computer underground Digest Wed Sep 29 1993 Volume 5 : Issue 76
- ISSN 1004-042X
-
- Editors: Jim Thomas and Gordon Meyer (TK0JUT2@NIU.BITNET)
- Archivist: Brendan Kehoe
- Shadow-Archivists: Dan Carosone / Paul Southworth
- Ralph Sims / Jyrki Kuoppala
- Ian Dickinson
- Copie Editor: Etaoin Shrdlu, III
-
- CONTENTS, #5.76 (Sep 29 1993)
- File 1--Bruce Sterling on ABC/Australia's Attitude (excerpts)
- File 2--the Cyberspatial Copyright
- File 3--Forum for Research on Virtual Culture
- File 4--Computer-Mediated Comm Volume -- Call for Papers
- File 5--Question EFF yielding of crypto authority to NIST
- File 6--PGP/Zimmermann News Clippings Needed!
- File 7--EFF's Comments to NIST on Encryption/Escrow
- File 8--Three Cheers for Legal Action; Re: Mody Crypto
- File 9--PumpCon II
-
- Cu-Digest is a weekly electronic journal/newsletter. Subscriptions are
- available at no cost electronically from tk0jut2@mvs.cso.niu.edu. The
- editors may be contacted by voice (815-753-0303), 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 DL1 of TELECOM; on GEnie in the PF*NPC RT
- 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 (414) 789-4210; and on: Rune Stone BBS (IIRG
- WHQ) (203) 832-8441 NUP:Conspiracy; RIPCO BBS (312) 528-5020
- CuD is also available via Fidonet File Request from 1:11/70; unlisted
- nodes and points welcome.
- EUROPE: from the ComNet in LUXEMBOURG BBS (++352) 466893;
- In ITALY: Bits against the Empire BBS: +39-461-980493
-
- ANONYMOUS FTP SITES:
- AUSTRALIA: ftp.ee.mu.oz.au (128.250.77.2) in /pub/text/CuD.
- EUROPE: nic.funet.fi in pub/doc/cud. (Finland)
- UNITED STATES:
- aql.gatech.edu (128.61.10.53) in /pub/eff/cud
- etext.archive.umich.edu (141.211.164.18) in /pub/CuD/cud
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- halcyon.com( 202.135.191.2) in /pub/mirror/cud
- ftp.warwick.ac.uk in pub/cud (United Kingdom)
-
- 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. Authors hold a presumptive copyright, 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: Mon, 27 Sep 1993 21:59:56 +0800 (WST)
- From: Stephen Hardman (Amiga files operator) <hardguy@GARION.IT.COM.AU>
- Subject: File 1--Bruce Sterling on ABC/Australia's Attitude (excerpts)
-
- This transcript from Attitude, ABC/Australia September 8 includes the
- parts by Bruce Sterling and an Australian federal police officer.
-
- Bruce Sterling (I think you all know who he is)
-
- "Law enforcement officers tell me that if they break into a teenagers
- home and he's got a computer and a modem and a copy of William
- Gibsons, Neuromancer, they just know he's trouble.
-
- It uses a new set of topics to think about, I mean, rather than
- thinking about rocket ships and robots and so forth, the things of the
- '50s and '60s, it thinks about matters like electronic networking and
- the impact of high technology media and genetic engineering and that
- sort of thing.
-
- I'm enough of a anarcho-individualist in a funny kind of way to think
- that I probably ought to be able to make up my own mind about what I
- think is interesting and I really shouldn't have the government spoon
- feeding me the kind of information they think is healthy for me to
- know. There are legitimate security interests, but that's not the
- same thing as living under general censorship. You know, my feeling
- is... it's my business to find stuff out and think about things, it's
- my business to imagine things, it's not my business to control what
- other people think. And I resent it when people try to stop me from
- finding things out that I feel I need to know, for whatever reason.
-
- People are afraid of hackers because they are frightened of
- computers. I mean that's the real basis of the sort of gut-level
- superstitious fear. They're afraid of computers and they're afraid of
- the power of computers, that's kind of a legitimate fear, I mean,
- power without responsibility is a terrible thing, and, you know, there
- are reasons to be upset by people that are computer literate or very
- skilled with computers, if they have no sense of social
- responsibility, these people can in fact do quite a bit of harm, you
- know, subtle ways that are hard to detect and prosecute." [..]
- Detective Seargent Ken Day of the Australian Federal Police.:
-
- "We have the capacity if we have sufficient evidence, for example and
- we consider it a serious crime to arrest. We have, for example, the
- capacity to obtain a warrant to search someone's house. But we don't
- decide we can go out and do that, we must answer all our actions
- before a judicial body such as a court.
-
- It is not a game, it's a criminal act. The legislation is not
- enacted, not on whim, legislation isn't acted in this country after
- extensive and serious consultation and computer crimes were
- identified as being criminal activity. They are anti-social. They
- are morally, and they are now illegally, wrong. It is not a game.
-
- The infrastructure that we work in now that we live in is by and
- large controlled or monitored by computer technology and examples are
- traffic lights, telephone systems, bank. all these that we relly upon
- are controlled by computer networks. Remove those networks from the
- loop, you don't have those services. That's why we must protect it.
-
- Some people might say, well, federal police don't know about me, I'm
- hacking away, they just don't know, they haven't busted my door down.
- Well the simple answer to that question is maybe we know about you but
- we're investigating more serious crimes."
- [..]
-
- There are more comments made by the ex Australian army security man
- and talks to hackers <sigh/grin>.
-
- ------------------------------
-
- Date: Tue, 28 Sep 93 00:15:07 -0600
- From: "L. Detweiler" <ld231782@LONGS.LANCE.COLOSTATE.EDU>
- Subject: File 2--the Cyberspatial Copyright
-
- ((MODERATORS' NOTE: L. Detweiler is a frequent contributor to
- Cypherpunks mailing list. Editor & writer of various FAQs, such as
- Identity, Privacy, and Anonymity on the Internet, and the Anonymity on
- the Internet FAQ Treatise. Cryptography FAQ janitor. These can be
- obtained at rtfm.mit.edu:/pub/usenet/news.answers/net-privacy/ or
- net-anonymity/ or cryptography-faq/ respectively).
-
- In CuD #5.75 File 3 ("Raising the Issue of Copyright on the Nets")
- gray@ANTAIRE.COM (Gray Watson), objecting to the inclusion of a
- copyrighted article, writes
-
- >I don't think CUD should have allowed this. I send out a standard
- >message when I see such posts and it is applicable here:
- >
- > >For your information, including a significant amount of text
- > >from copyright publications in posts is a breach of
- > >copyright law. The publishing industry will *never* adopt
- > >digital distribution if the net does not honor the copyright
- > >laws.
-
- I have been tracking the `cyberspatial copyright issue' with a great
- deal of interest for some time, and Mr. Watson's complaint is pretty
- standard fare in the debate. Since it appears in a journal and my
- response might be posted, I'm taking the time to write this.
-
- I think Mr. Watson and everyone else who claims that digital
- publications will not arrive until the Net respects copyright law in
- its present form are fundamentally mistaken. First of all, what the
- heck *does* copyright law say about cyberspace? absolutely nothing
- specifically. There are many *interpretations* of copyright law that
- attempt to promote one view or another based on the current
- classifications of various forms and distributions, but they are all
- mostly nebulous. Is an FTP site a library or what? What constitutes
- `redistribution'?
-
- It seems to me that the fundamental issues behind a copyright are one
- or more of the following: the author desires to (1) control the
- distribution of a work exclusively, (2) make money therefrom, (3)
- guarantee the writing is not `corrupted', i.e. it does not credit
- someone else and is not mixed with other people's material. In
- particular, if (1) can be guaranteed than (2) and (3) can be derived
- therefrom.
-
- Now, suppose that future cyberspatial authors give up or sacrifice (1)
- if (2) and (3) are more closely adhered to. I believe most authors
- would prefer this system. I imagine the following scenario. An author
- creates the text for unlimited distribution, with an email address that
- indicates where `digital cash' can be sent to compensate him, including
- a suggested donation or whatever.
-
- Under this scheme, the author gives up `exclusive distribution' to
- maximize actual dissemination and thereby exposure and potential
- personal profit. Under this system, the reader of the articles are
- required to (1) send digital cash when they have benefited from the
- article, where appropriate, and (2) not alter the text of an article
- when they redistribute it. Note that under this scheme we don't need
- the silly taboo that people are to be criticized for redistribution of
- articles -- to the contrary, they should be recognized for their
- selfless public service, whereby they are causing benefit to the author
- of the article by their efforts, with no personal profit therefrom.
-
- I imagine other interesting distributions systems that will arise with
- the advent of digital cash. For example, the email addresses of all
- intermediate distributors may be appended to the beginning of an
- article in reverse order. The original author would be free to specify
- the system: send me money and the distribution list that was the header
- of the article *you* received, and I will redistribute the money among
- the redistributors. We should always recognize that the ultimate author
- has the ultimate right to the digital cash, however, because otherwise
- the writing would not have existed.
-
- This is what might be called a `shareware copyright' for text, and I
- think it is an extremely workable system, and I believe it will evolve
- to become the norm. Certainly, some people will object to the system,
- but I suspect they are mostly `middlemen' in the current system that
- generally derive an undue profit from mere redistribution.
-
- However, there are systems where complete control of redistribution is
- desirable. For example, an author might wish to track directly every
- place in cyberspace his article has been received. Under this scenario,
- we can imagine a sort of `toll gopher' system, wherein the traversal of
- a hypertext link in a text system causes an automatic toll to be
- applied between receiver and provider. Again, digital cash forms a
- fundamental basis for this system. In this system, the `copyright'
- implies that anyone that passes on an article passes on the *address*
- of the hypertext location, so that the next person does not retrieve a
- `dissociated' article but instead accesses the `official' version.
- Again, people must agree not to alter digital cash addresses associated
- with articles. And in fact a taboo similar to that associated with
- redistribution in the current system will arise against `piracy' or
- `tampering' of the digital cash addresses.
-
- Finally, I must note that under all these scenarios a vast, ubiquitous,
- and instantaneous cyberspatial infrastructure is intrinsic to the
- overall system. However, at the current pace, this should not be an
- overwhelming difficulty. It is the ultimate goal of everyone currently
- inhabiting Cyberspace anyway.
-
- Under the above schemes, I imagine that future cyberspace will become
- extremely hospitable to all future writers and editors, who are freed
- to focus on the absolute essentials of their craft, unchained from
- burdensome and irrelevant constraints associated with costly,
- complicated, and imperfect distribution systems. In fact, we will find
- that in future cyberspace *everyone* will be seen as acting as writers
- and editors. It will become a fundamental aspect of cyberspatial
- living, recognized as natural and fundamental as word processing is
- today.
-
- ------------------------------
-
- Date: Sun, 26 Sep 1993 22:00:32 CDT
- From: Ermel Stepp <M034050@MARSHALL.BITNET>
- Subject: File 3-- Forum for Research on Virtual Culture
-
- The Institute for Research on Virtual culture (IRVC) aims to foster,
- encourage, advance, and communicate research and scholarly inquiry on
- virtual culture. IRVC-L is a virtual forum of IRVC to conduct
- substantive discourse on research and scholarly inquiry to create and
- develop knowledge about virtual culture. Substantive discourse is
- encouraged on topics such as:
-
- 1. Conceptualization of virtual culture (alternative
- philosophic, metatheoretical, and theoretical paradigms,
- principles, assumptions, propositions, and problems)
- 2. Alternative futures orientation, change, transformation,
- reform, and restructuring: conservative, liberal, or
- radical
- 3. Review and critique of literature, including articles in
- refereed scholarly journals
- 4. Alternative designs and methodologies for research and
- scholarly inquiry on virtual culture
- 5. Findings, conclusions and implications for education,
- 6. Research in progress on virtual culture
- 7. Collaborative research by subscribers
- 8. Setting the research agenda on virtual culture
- 9. Institute for Research on Virtual Culture
- 10. Relevant announcements, events, and issues
-
- <<< Subscription to IRVC-L >>>
-
- Subscription to IRVC-L is open, but the list is private and
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-
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-
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-
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-
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-
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- BITNET M034050@MARSHALL
- finger M034050@MARSHALL.MU.WVNET.EDU
-
- ------------------------------
-
- Date: Sun, 26 Sep 1993 14:15:38 CDT
- From: Susan Herring <sherring@WILEY.CSUSB.EDU>
- Subject: File 4--Computer-Mediated Comm Volume -- Call for Papers
-
- CALL FOR CONTRIBUTORS:
- VOLUME ON COMPUTER-MEDIATED COMMUNICATION
-
- As an outgrowth of a panel presented at the 4th International
- Pragmatics Conference in Kobe, Japan on "Cultural and Linguistic
- Aspects of Computer-Mediated Communication", a volume is being
- prepared for publication in the _Pragmatics goal of the volume is to
- bring together the best in current research on CMC as a social,
- cultural and linguistic phenomenon. Contributions should be
- empirically-oriented (that is, based on observation of actual CMC) and
- focused primarily on language and communication (rather than on
- technological aspects or secondary applications of the medium). A
- partial list of suggested topics is included below:
-
- - the linguistic description of CMC -- spoken-like?
- graphic representation, discourse, register, style
-
- - CMC genres -- e-mail, bulletin boards (BBS), discussion
- lists, interactive relay chat (IRC), 'talk' modes,
- multi-user dungeons (MUDs), etc.
-
- - CMC and social interaction -- dynamics of on-line
- communities, politeness/rudeness, humor, harassment,
- computer sex
-
- - CMC use by dominant and non-dominant groups -- gender,
- ethnicity, status, special interests
-
- - CMC in countries outside the U.S.; cross-cultural CMC
-
- - CMC in institutional settings -- business, government,
- education
-
- - children's CMC
-
- Papers surveying a topic or reporting on a large-scale ongoing
- project are also welcome.
-
- ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
- To be considered for inclusion in the volume, prospective authors
- should submit to the volume editor the following:
-
- 1) A 300-500 word abstract clearly outlining the problem, data,
- methodology, and conclusions of the research to be reported on in the
- paper, and
-
- 2) A short biographical statement (no longer than 300 words)
- indicating previous CMC research and/or relevant experience. (An
- abridged curriculum vita may be substituted for the biographical
- statement.)
-
- Submissions can be sent via e-mail, snail-mail or fax to the volume
- editor, Susan Herring, at the address below:
-
- Susan Herring
- Program in Linguistics
- University of Texas
- Arlington, TX 76019 USA
- fax: (817) 273-2731
- e-mail: susan@utafll.uta.edu
-
- The deadline for receipt of abstracts and biographical statements is
- November 1, 1993. However, earlier submissions are welcomed.
-
- After the abstracts have been reviewed, the author of each abstract
- selected will be issued an invitation to contribute a full-length
- article to the volume, along with a set of guidelines for its
- preparation. The tentative deadline for the receipt of completed
- camera-ready manuscripts will be February 1, 1994, with an anticipated
- publication date early in 1995.
-
- Feel free to address any questions, comments, or suggestions to
- Susan Herring (susan@utafll.uta.edu).
-
- ------------------------------
-
- Date: Tue, 28 Sep 93 23:53:38 PDT
- From: jkreznar@ININX.COM(John E. Kreznar)
- Subject: File 5--Question EFF yielding of crypto authority to NIST
-
- > Below is the text of the comments that EFF filed with NIST today.
-
- > ...
-
- > When the Clinton Administration announced the Clipper Chip, it
- > assured the public that this would be a purely voluntary system. We must
- > have legal guarantees that Clipper is not the first step toward prohibition
- > against un-escrowed encryption. Yet the Administration has not offered any
- > such guarantees, either in the form of proposed legislation or even agency
- > rules.
-
- > ...
-
- Actually, they have issued such legal guarantees. They're in the form
- of the administration's vow to uphold the US Constitution. That
- document's 9th and 10th amendments preclude US Government denial or
- disparagement of the people's right to use cryptography (and a whole
- lot of others). The fact that these legal guarantees are being
- ignored simply illustrates that their tyranny is unbridled.
-
- By engaging NIST on this subject, the EFF is implicitly yielding to
- them authority which is not theirs to begin with.
-
- ------------------------------
-
- Date: Wed, 29 Sep 1993 06:50:04 GMT
- From: hugh@GARGOYLE.UCHICAGO.EDU(Hugh Miller)
- Subject: File 6--PGP/Zimmermann News Clippings Needed!
-
- ((MODERATORS' NOTE: Hugh Miller's request for reprints of articles
- related to PGP/Phil Zimmermann is one way everybody can help. Peruse
- your local papers and if you find anything, you can send him the
- pointers and he can take it from there)).
-
- I am interested in collecting all citations in newspapers,
- magazines, etc. of the subpoenas and investigation by Customs of Phil
- Zimmermann. To that end I'd like to ask readers of CUD to help me
- out. If you spot an article would you please take a moment to jot
- down the citation (author, title, publication, vol/issue, date, page
- numbers)? You don't need to type in the article, but blessings on
- your head if you do. I will conduct a weekly NEXIS scan anyway, but
- I'm sure I'll miss something. I will collect the stuff and pass it on
- to Phil and the legal defense team.
-
- Thanks, folks. Send the info to ME, not to Phil, whose bank
- account is empty but whose e-mailbox is packed. You can mail to me
- here (Hugh@gargoyle.uchicago.edu) but it will just be automatically
- forwarded to my true address, hmiller@orion.it.luc.edu.
-
- Thanks for your help. And give to Phil's legal defense fund.
-
- ------------------------------
-
- Date: Tue, 28 Sep 1993 16:15:42 -0400
- From: ssimpson@EFF.ORG(Sarah L Simpson)
- Subject: File 7--EFF's Comments to NIST on Encryption/Escrow
-
- I'm happy to say that there were 225 letters offering comments on the
- proposed key escrow system sent to the cryptnow@eff.org address. They
- were printed out and delivered today.
-
- Many thanks to all who responded to the call for action. I've gotten
- really positive responses to the post and our electronic mail
- mechanism. If you think that this sort of notice helped you to be
- informed and participate in policy, please drop me a note at
- ssimpson@eff.org. Let me know if you think that this is an important
- service that EFF can provide for the online community.
-
- Below is the text of the comments that EFF filed with NIST today.
-
- ================================
-
- September 27, 1993
-
- National Institute for Standards and Technology
- ATTN: Proposed FIPS for Escrowed Encryption Standard
- Technology Building, Room B-154
- Gaithersburg, MD 20899
-
- To The Director:
-
- The Electronic Frontier Foundation (EFF) writes in strong
- opposition to the Proposed Federal Information Processing Standard
- (FIPS) for an Escrowed Encryption Standard, docket # 930659-3159. We
- believe that NIST's guidance in setting technical standards for
- security and privacy protection is a critical part of the growth of
- the National Information Infrastructure, but any action on the
- proposed escrow technical standards must await the resolution of
- several fundamental policy issues. Thus, at this time, we oppose the
- proposed FIPS in all of its parts. Well over 200 EFF members are also
- critical of the Proposed FIPS. We believe this demonstrates the depth
- of public concern about the implementation of key escrow systems.
-
- EFF is a nonprofit, public interest organization whose public
- policy mission is to ensure that the new electronic highways emerging
- from the convergence of telephone, cable, broadcast, and other
- communications technologies enhance free speech and privacy rights and
- are open and accessible to all segments of society.
-
- Introduction
-
- Widespread, affordable cryptography is vital for the
- protection of individual privacy in the Information Age. As more and
- more personal information flows around electronic networks, we all
- need strong encryption to safeguard information from unwanted
- intrusion. Personal information, such as health care records, private
- communications among friends and families, and personal financial
- transactions, will also travel over this information infrastructure.
- The business community can only make full use of the infrastructure if
- it is assured that the data it transmits is secure from unauthorized
- interception. In short, if communications in the new infrastructure
- are vulnerable, all of our lives and businesses would be subject to
- both damaging and costly privacy and security losses.
-
- Resolve Policy Issues and Objectives Before Promulgating Technical Standards
-
- EFF has been in ongoing dialogue with NIST, the White House,
- and Congress regarding the very complex public policy choices raised
- by cryptography policy. We are hopeful that this dialogue will result
- in a positive, comprehensive set of cryptography and privacy policies.
- But until these issues are resolved, we believe any approval of
- technical standards is premature. Among the public policy issues to
- be resolved are the following:
-
- 1. Guaranteed Continued Legal Use of All Forms of Encryption
-
- When the Clinton Administration announced the Clipper Chip, it
- assured the public that this would be a purely voluntary system. We
- must have legal guarantees that Clipper is not the first step toward
- prohibition against un-escrowed encryption. Yet the Administration
- has not offered any such guarantees, either in the form of proposed
- legislation or even agency rules.
-
- 2. Identity of Escrow Agents
-
- When Clipper was first proposed, some in the Administration
- suggested that one of the two escrow agents would be a government
- agency and the other a private, non-governmental organization. Now it
- appears that plans for a private escrow agent have been dropped in
- favor of NIST and the Department of Treasury, though there is still no
- final designation of agents. We are unable to comment on the security
- or reliability of escrow procedures proposed here when we do not know
- who will be administering the escrow databases. We also note that
- there is active consideration of having more than two escrow agents.
- This option should be explored from a policy perspective before a
- technical standard is adopted.
-
- 3. Legal Rights of Escrow Users
-
- If individuals do choose to deposit their keys with the
- government, or any other escrow agent, they must have some legal
- recourse in the event that those keys are improperly released.
- However, the most recent draft of escrow procedures specifically
- states:
-
- "These procedures do not create, and are not intended to create, any
- substantive rights for individuals intercepted through electronic
- surveillance, and noncompliance with these procedures shall not
- provide the basis for any motion to suppress or other objection to the
- introduction of electronic surveillance evidence lawfully acquired."
-
- Leaving users with no recourse will discourage use of the system and
- provides little disincentive against unscrupulous government behavior.
-
- In the Proposed FIPS, NIST also suggests an unusual and, we
- believe, incorrect notion of what an escrow agent is. The Proposed
- FIPS adopts the incomplete definition of an escrow system found in
- Webster's Dictionary. The Proposed FIPS states:
-
- To escrow something (e.g., a document, an encryption key) means that
- it is "delivered to a third person to be given to the grantee only
- upon the fulfillment of a condition." (Webster's Seventh New
- Collegiate Dictionary).
-
- This definition omits the very basic notion that an escrow agent has
- responsibilities to those who deposit things of value in the escrow
- account. Black's Law Dictionary, which we believe may be a more
- appropriate source of information about escrow relationships, states
- that an escrow contract is an:
-
- Agreement between buyer, seller, and escrow holder setting forth
- rights and responsibilities of each.
-
- It is the general legal rule that one who deposits value with an
- escrow agent is entitled to recover damages from the escrow agent in
- the event of a breach of the agent's duty of care:
-
- Depositor is entitled to recover damages sustained because of escrow
- agent's unwarranted act, and where grantee participates in wrongful
- delivery he also may be liable, but recovery is limited to damages
- actually attributable to wrongful delivery. Collier v Smith (Mo App)
- 308 SW2d 779. (See ANNOTATION: Who must bear loss resulting from
- defaults or peculations of escrow holder. 15 A.L.R.2d 870.)
-
- The notion of an escrow agent who is insulated from all liability to
- the depositor is wholly alien to American law and custom. The
- government may, of course, seek to establish escrow agents free of
- legal liability, but this is fundamentally a policy choice, not a
- matter of technical standards.
- Until there is some agreement on the real responsibilities of the
- escrow agents, NIST is not in a position to set technical and
- operating standards.
-
- 4. Open, Trusted Standards:
-
- A key goal of the Clipper Proposal is to promote widespread
- encryption in the marketplace. Yet people will not use encryption
- unless they trust it. Secret standards such as Clipper cannot be
- evaluated by independent experts and do not deserve the public trust.
- Other parties, including Whitfield Diffie of Sun Microsystems, have
- commented extensively on this issue. EFF fully subscribes to those
- remarks.
-
- Insufficient Technical and Operating Information Available for
- Comments
-
- Even aside from the major policy issues left unanswered, the
- Proposed FIPS itself lacks the detail necessary to allow full public
- comment. First, the full operating procedures for the escrow agents
- has yet to be issued. Public comment must be sought on the complete
- procedures, not just the outline presented in the draft FIPS. Even
- the government-selected algorithm review group has declared that it
- needs more information on the escrow process. Second, asking for
- comments on an algorithm that is classified makes a mockery of citizen
- participation in government decision-making.
-
- Action on the Proposed FIPS Must Be Delayed to Allow Completion of
- Public-Private Consultation Mandated by Presidential Decision
- Directive
-
- President Clinton's announcement of the Clipper initiative
- made very clear that there should be "early and frequent consultations
- with affected industries, the Congress and groups that advocate the
- privacy rights of individuals as policy options are developed" (April
- 16, 1993 Press Statement). EFF and other organizations have invested
- significant effort in dialogue and policy review with the
- Administration. We have made some progress, but many issues remain
- unresolved. EFF believes that for NIST to rush forward with a FIPS in
- advance of resolving the fundamental policy issues cited above would
- prematurely curtail the dialogue that the President ordered.
-
- Finally, NIST will be involved in making many critical
- decisions regarding the National Information Infrastructure. The next
- time NIST solicits public comments, it should be ready to accept reply
- by electronic mail in addition to paper-based media. Over 200 of
- EFF's members e-mailed comments to our offices, which we then printed
- and hand-delivered to NIST. We hope that in the near future, NIST and
- other federal agencies will be prepared to accept comments directly
- via the Internet.
-
- Respectfully Submitted,
-
-
- Jerry J. Berman
- Daniel J. Weitzner
- Executive Director
- Senior Staff Counsel
- ******************************
- Sarah L. Simpson
- Membership Coordinator
- Electronic Frontier Foundation
- 1001 G Street, NW
- Suite 950 East
- Washington, DC 20001
- 202/347-5400 tel
- 202/393-5509 fax
-
- ------------------------------
-
- Date: Mon, 27 Sep 93 11:56:57 EDT
- From: Jerry Leichter <leichter@LRW.COM>
- Subject: File 8--Three Cheers for Legal Action; Re: Mody Crypto
-
- In all the concern about the grand jury subpoenas to ViaCrypt and
- Austin CodeWorks, a very important point is being missed: This is the
- way the law is *supposed* to work! The law is not supposed to work by
- FUD (Fear, Uncertainty and Doubt), by poorly drafted regulations whose
- coverage no one can determine, by threats and insinuations from
- government spokesmen that some action is illegal (though no one's ever
- taken it to court so no one can really say yes or no). That's exactly
- what "casts a chill" over people's actions: When they can't determine
- what the law says or what its limits are, so that they are forced to
- stay away from entire areas of activity that may not be illegal and
- may even be Constitutionally protected.
-
- Our system of law has many "inconvenient" little features to it.
- People who are clearly guilty avoid punishment every day because of
- errors by the prosecution or simply because the evidence against them
- as it is accepted by the courts is not quite at a high enough level.
- We accept that because "it's better that a hundred guilty men go free
- than that one innocent man be pun-ished." Conversely, the law is
- what's on the books until the courts say otherwise. The concurrence of
- every single law professor in the United States that some statute is
- unconstitutional means nothing until the Supreme Court rules. The
- ITAR regulations are presumptively valid until found otherwise by a
- competent court of law. Since they can only be examined by a court
- when the government actually tries to use them, they can remain on the
- books indefinitely as a looming threat - constitutional or not, a
- prosecution under these regulations is expensive to defend against, so
- expensive that most people and all large corporations will simply act
- as if they are valid. This may be as "inconvenient" in some cases as
- letting murderers go free, but it's just as essential a part of the
- legal system.
-
- While I don't envy Phil Zimmerman or ViaCrypt or Austin CodeWorks the
- position they find themselves in, or the legal bills they will be
- facing, they went into this with open eyes. (If they didn't, they are
- fools who won't get my sympathy.) The only way to challenge a law you
- think is unconstitutional is to violate it and let the government come
- to you. I wish them luck in their challenge. One way or another, we
- are likely to finally end the silly debates about secret decoder rings
- and decide what the law is.
-
- As for Grady Ward's call on everyone to secrete away and widely
- distribute copies of PGP and related software: All I can say is, he'd
- better hope that the courts don't decide that the ITAR regulations
- aren't constitutional as applied to PGP after all. Calling on people
- to break the law, especially cooperating with them to do it on a large
- scale, could open him up to much more severe penalties than Zimmerman,
- ViaCrypt, and Austin face. Those three are testing the law. Ward is
- deliberately flaunting it. Stupid, dangerous idea. Being a
- revolutionary, putting yourself in direct opposition to the power of
- the State, isn't fun and games. People get hurt that way.
-
- ------------------------------
-
- Subject: File 9--PumpCon II
- From: pumpcon@PHANTOM.COM(PumpCon)
- Date: Wed, 29 Sep 93 13:41:15 EDT
-
- You are hereby cordially invited to attend the Second Annual PumpCon II
- conference. Just mail your name/handle, group (if any), home state to:
- pumpcon@phantom.com
- It is necessary that you do mail this account so we know you are coming!
-
- PumpCon FAQs (Frequently Asked Questions)
-
- This file is being written in response to all of the questions that I
- have been bombarded with. Hopefully it will clear up any confusions
- that obviously must exist.
-
- 1. When is PumpCon?
- PumpCon II will be held Halloween Weekend 1993, October 29, 30, 31.
-
- 2. Where is PumpCon?
- PumpCon II will be at the Airport Comfort Inn, in Filadelfia,
- Pencilvania. Get the PumpCon information file for further details.
-
- 3. Can I bring my computer?
- Of course you can bring your computer (Computers are not illegal!),
- until such time as owning/possessing a computer is illegal.
-
- 4. How much are hotel rooms?
- Hotel rooms range from around $50/night to $100/night in the hotels
- that have been selected for this years PumpCon. The PumpCon
- information file gives further details about the hotels.
-
- 5. Who is going?
- This is a question that really can't be answered until PumpCon.
-
- 6. Who is going to speak?
- This is also going to remain sekret until the event for security reasons.
-
- 7. Why go to PumpCon?
- I don't know, if you asked or even thought of that question, don't
- bother to show. You obviously can't add to the conference.
-
- 8. What should I bring?
- Why/How should I know, again to ask such a question shows you
- obviously aren't needed.
-
- 9. Is Law Enforcement going to be there?
- This answer is not known at this time, but they are welcome, with an
- admittance fee double that of civilian attendees.
-
- 10. Is there going to be alcohol/drugs?
- These substances will not be provided by the conference or any of the
- organizers, does that answer your question?
-
-
-
- PumpCon II
- -- The Woodstock of Computer Conferences --
-
- WHO: Anyone interested in the Computer Underground except IIRG Members :OHW
- WHAT: A weekend of Telephony & Computer Seminars, and PARTYING! :TAHW
- WHEN: October 29, 30, and 31 (Fri, Sat, Sun) Halloween Weekend 1993 :NEHW
- WHY: To meet all of those people you have spoken to, but never met. :YHW
- WHERE: Airport Comfort Inn, Filadelfia, Pencilvania :EREHW
-
- DESCRIPTION
- A gathering of computer enthusiasts for a weekend of FUN! Guest
- speakers will also be present to speak about the latest in computer
- security developments.
- Come join us for our second annual Halloween Party.
-
- COST Your $20.00 admission fee
- will cover all of the conference functions and a name badge with your
- Handle, Group Affiliation, and home state. This is a non-profit
- conference, any proceeds above the conference costs will be used to
- help the
- victims of last years conference.
-
- HOW TO GET THERE
- The convention will be located just 3 miles from the Philadelphia
- International Airport at the Airport Comfort Inn. Two other hotels
- are available within the
- same area.
- Knights Inn Red Roof Inn Comfort Inn
- 43 Industrial Highway 49 Industrial Highway 53 Industrial Highway
- Essington, PA 19029 Essington, PA 19029 Essington, PA 19029
- Phone: (215) 521-6650 Phone: (215) 521-5090 Phone: (215) 521-9800
- Fax : (215) 521-8846 Fax : Ext. 444 Fax : (215) 521-4847
-
- I-95 North or South
- The hotels are located off I-95 exit 9A on Route 291 (Industrial Highway).
- From north or south at the traffic signal turn right and continue for about
- 500 yards, the hotels are on the right side of the road.
-
- Airport
- There is a FREE shuttle available to all of the hotels.
-
- FOR MORE INFORMATION
-
- Mail:
- PumpCon II
- P.O. Box 617
- Plantsville, CT 06479
-
- E-Mail:
- pumpcon@mindvox.phantom.com
-
- ------------------------------
-
- End of Computer Underground Digest #5.76
-