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-
- Computer underground Digest Sun Jan 30 1994 Volume 6 : Issue 11
- ISSN 1004-042X
-
- Editors: Jim Thomas and Gordon Meyer (TK0JUT2@NIU.BITNET)
- Archivist: Brendan Kehoe (Improving each day)
- Acting Archivist: Stanton McCandlish
- Shadow-Archivists: Dan Carosone / Paul Southworth
- Ralph Sims / Jyrki Kuoppala
- Ian Dickinson
- Coppice Editor: P. Bunyan
-
- CONTENTS, #6.11 (Jan 30 1994)
- File 1--Brendan Update and his "thanks"
- File 2--Changes in SUBBING/UNSUBBING to CuD
- File 3--CuD -- The "SECRET LIST" and other listserv information
- File 4--Policy on Distributing CuDs
- File 5--cDc GD Update #14
- File 6--CPSR--not so bad after all
- File 7--Soliciting Articles for New Journal
- File 8--LeadingCryptologists Oppose Clipper
- File 9--1994-01-26 Irving Testimony on Telecommunications Legislation
-
- Cu-Digest is a weekly electronic journal/newsletter. Subscriptions are
- available at no cost electronically.
- To subscribe, send a one-line message: SUB CUDIGEST your name
- Send it to LISTSERV@UIUCVMD.BITNET or LISTSERV@VMD.CSO.UIUC.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: RIPCO BBS (312)
- 528-5020 (and via internet). 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: ftp.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
- ftp.eff.org (192.88.144.4) in /pub/Publications/CuD
- halcyon.com( 202.135.191.2) in mirror2/cud
- ftp.warwick.ac.uk in pub/cud (United Kingdom)
- KOREA: ftp: cair.kaist.ac.kr in /doc/eff/cud
-
- 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: Sat, 29 Jan 94 21:09:22 PST
- From: smlieu@CYGNUS.COM(Sun Ming Lieu)
- Subject: File 1--Brendan Update and his "thanks"
-
- ((MODERATORS' NOTE: The following update on Brendan Kehoe, author of
- ZEN AND THE ART OF THE INTERNET, CuD ftp archmeister, and
- cyberdenizen, is great news. We've also received two posts from him,
- and he sends along "THANKS" for all the posts. We mailed off the
- collection of e-wishes this week, and thanks to all those who
- contributed)).
-
- Brendan continues to make phenomenal progress in the last few days.
- His neurologist says that she has not seen a case like this in 12
- years of practice.
-
- The hospital is letting Brendan out on extended passes, and so he has
- been visiting the hotel where his mother and brother are staying,
- eating out, and other outings. He will be moving to the Spaulding
- Center at Mass General in Boston on Tuesday (Feb 1). The injury to
- his ear was not as serious as originally expected - he can hear from
- it and it is okay for him to fly.
-
- I talked with Brendan for about 10 minutes by phone today. He and
- Jeff sprung it on me when Jeff called and was I surprised! Brendan
- just came on the line saying "This friend of mine who is working in
- California thinks you would like to talk to me" and started to talk up
- a storm. He's been reading his mail and kept talking about how much
- g++ traffic there has been and how eager he is to go back to work. He
- sounded happy and excited. We talked about the weather in
- Philadelphia, flying first class, living closer to the office so he
- wouldn't have to commute from Santa Cruz, the earthquake in Southern
- California, and so on...
-
- Brendan wants to be done with the 2-3 weeks in Spaulding and be back
- in California as soon as possible - he says end of February, although
- everyone is telling him to hold his horses and not count on it quite
- so soon. Does he know something we don't?
-
- Sun Ming
-
- ------------------------------
-
- Date: Fri, 28 Jan 1994 18:19:22 CST
- From: CuD Moderators <cudigest@mindvox.phantom.com>
- Subject: File 2--Changes in SUBBING/UNSUBBING to CuD
-
- Less than three percent of the total CuD readership comes from the
- listserv mailing list (excluding feeds), but the list continues to grow
- rapidly. Because of the dramatically increased size of the mailing
- list we are making an important change in how readers subscribe or to
- CuD. The mailing list has roughly doubled each year, and the time of
- maintaining the list semi-manually is no longer possible. Therefore,
- we're moving to full automation of the mailing list.
-
- TO SUBSCRIBE, readers should type the following in the Subject header
- and first line of the message:
-
- SUB CUDIGEST your name
-
- TO UNSUBSCRIBE, use the following:
-
- UNSUB CUDIGEST your name
-
- Send the message to LISTSERV@UIUCVMD.BITNET
-
- This change will have NO EFFECT on those read CuD from
- comp.society.cu-digest, public access systems, or other sources.
-
- ------------------------------
-
- Date: Fri, 28 Jan 1994 18:19:22 CST
- From: CuD Moderators <cudigest@mindvox.phantom.com>
- Subject: File 3--CuD -- The "SECRET LIST" and other listserv information
-
- 1. CUD--THE SECRET LIST (heh):
-
- We've begun receiving inquiries asking why CuD is "secret" and why we
- don't want the list known outside of a small group of people. The
- reason for the inquiry comes from the automatic message that the
- listserv site sends to new subscribers:
-
- > IMPORTANT: This list is confidential. You should not
- >publicly mention its existence, or forward copies of
- >information you have obtained from it to third parties.
-
- First, CuD obviously isn't "secret," at least not with over 100,000
- readers on BBSes, Usenet, the mailing list, public access systems, and
- elsewhere. The "confidential" note is automatically sent by the
- listserv to all mailing lists that have settings that limit
- distribution. So, the notice may be safely ignored. CuD can be
- mentioned, discussed, and forwarded to others.
-
- 2. USING LISTSERV COMMANDS:
-
- Users can set parameters for their own addresses (such as suspending
- mail while on vacation, concealing their address, or leaving the list)
- with conventional listserv commands:
-
- > More information on LISTSERV commands can be found in the
- >LISTSERV reference card, which you can retrieve by
- >sending an "INFO REFCARD" command to
- >LISTSERV@UIUCVMD.BITNET (or LISTSERV@VMD.CSO.UIUC.EDU).
-
- 3. LEAVING THE LIST:
-
- Readers on the mailing list can leave at any time with the command:
-
- UNSUB CUDIGEST your name
-
- and sending it to listserv@vmd.cso.uiuc.edu
-
- We're appreciative for the help and space that Mark, Eric, and
- Charlie have provided at the UIUC site. True saints, all of 'em.
-
- ------------------------------
-
- Date: Fri, 28 Jan 1994 18:51:45 CST
- From: CuD Moderators <cudigest@mindvox.phantom.com>
- Subject: File 4--Policy on Distributing CuDs
-
- We're continually asked about our policy on distributing or
- disseminating CuDs. The policy is fairly simple:
-
- CuDs may be freely distributed in their entirety as long as they are
- unaltered. This means that they may be uploaded to bulletin boards or
- placed on public access systems, or zeroxed and sent, at no cost, to
- others.
-
- In general, individual articles may be extracted in their entirety as
- long as the the text, author identity and source are included.
- However, some authors do retain copyright, and the authors should be
- contacted. Some articles are printed on condition by the author that
- they may not be extracted and distributed. A notice will appear at the
- start or conclusion of the article. In these cases, the authors *MUST*
- give their consent.
-
- There are some important qualifications:
-
- CuDs may not be sold or other distributed for commercial gain. It's
- fully acceptable to place CuDs on commercial BBSes, of course, but it
- is unacceptable, for example, to make CDs or hardcopies and sell them.
- Because authors hold the presumptive copyright to their own works,
- individual articles may be reproduced commercially IF AND ONLY IF the
- authors give explicit permission.
-
- CuDs and their contents may be cited, extracted, quoted, or other used
- within fair-use guidelines, but students (and some media folk) should
- bear in mind that plagiarism is considered unethical.
-
- Our general philosophy is that CuDs should be free. Authors contribute
- their works at no cost, we assemble and distribute them at no cost,
- and we would take a rather dim view of anyone attempting to profit
- from the altruistic voluntary labors of others. We hope that the
- rumors that CuD is being sold commercially on CD are untrue.
-
- ------------------------------
-
- Date: Sat, 29 Jan 94 12:23:26 EST
- From: sratte@MINDVOX.PHANTOM.COM(Swamp Ratte)
- Subject: File 5--cDc GD Update #14
- _ _
- ((___))
- [ x x ] cDc communications
- \ / Global Domination Update #14
- (' ') December 30th, 1993
- (U)
- Est. 1986
-
- New gNu NEW gnU new GnU nEW gNu neW gnu nEw GNU releases for December, 1993:
-
- +________________________________/Text Files\_________________________________
-
- 241: "Cell-Hell" by Video Vindicator. In-depth article on modifying the
- Mitsubishi 800 cellular phone by Mr. Fraud himself. Rad.
-
- 242: "The Darkroom" by Mark Vaxlov. Very dark story about a high school rape
- in the photography lab at school. Disturbing.
-
- 243: "Fortune Smiles" by Obscure Images. Story set in the future with
- organized crime and identity-swapping.
-
- 244: "Radiocarbon Dating Service" by Markian Gooley. Who would go out with
- Gooley? YOUR MOM!
-
- 245: "The U.S. Mercenary Army" by Phil Agee. Forwarded by The Deth Vegetable,
- this file contains a speech by former CIA agent Agee on the Gulf War.
- Interesting stuff.
-
- 246: "The Monolith" by Daniel S. Reinker. This is one of the most disgusting
- files we've put out since the infamous "Bunny Lust." I don't wanna describe
- this, just read it.
-
- 247: "Post-Election '92 Cult Coverage" by Omega. Afterthoughts on Tequila
- Willy's bid for the U.S. Presidency.
-
- 248: "The Lunatic Crown" by Matthew Legare. Wear the crown. Buy a Slurpee.
- Seek the adept. Do not pass 'Go.'
-
- 249: "Yet Another Suicide" by The Mad Hatter. Guy gets depressed over a girl
- and kills himself.
-
- 250: "State of Seige" by Curtis Yarvin. The soldiers hunt the dogs hunt the
- soldiers. Like, war, ya know. Hell!
-
- +_________________________________/cDc Gnuz\__________________________________
-
- "cDc: We're Into Barbie!"
-
- cDc mailing list: Get on the ever-dope and slamagnifiterrific cDc mailing list!
- Send mail to cDc@cypher.com and include some wonderlessly elite message along
- he lines of "ADD ME 2 DA MAILIN LIZT!!@&!"
-
- NEW Official cDc Global Domination Factory Direct Outlets:
- The Land of Rape and Honey 502/491-6562
- Desperadoes +61-7-3683567
- Underworld 203/649-6103
- Airstrip-One 512/371-7971
- Ministry of Death 516/878-1774
- Future Shock +61-7-3660740
- Murder, Inc 404/416-6638
- The Prodigal Sun 312/238-3585
- Red Dawn-2 Enterprises 410/263-2258
- Cyber Neurotic Reality Test 613/723-4743
- Terminal Sabotage 314/878-7909
- The Wall 707/874-1316,2970
-
- We're always taking t-file submissions, so if you've got a file and want to
- really get it out there, there's no better way than with cDc. Upload text to
- The Polka AE, to sratte@phantom.com, or send disks or hardcopy to the cDc post
- office box in Lubbock, TX.
-
- cDc has been named SASSY magazine's "Sassiest Underground Computer Group."
- Hell yeah!
-
- Thanks to Drunkfux for setting up another fun HoHoCon this year, in Austin. It
- was cool as usual to hang out with everyone who showed up.
-
- Music credits for stuff listened to while editing this batch of files: Zapp,
- Carpenters, Deicide, and Swingset Disaster.
-
- Only text editor worth a damn: ProTERM, on the Apple II.
-
- So here's the new cDc release. It's been a while since the last one. It's out
- because I fucking felt like it, and have to prove to myself that I can do this
- crap without losing my mind and having to go stand in a cotton field and look
- at some dirt at 3 in the morning. cDc=cDc+1, yeah yeah. Do you know what this
- is about? Any idea? This is SICK and shouldn't be harped on or celebrated.
- This whole cyberdweeb/telecom/'puter underground scene makes me wanna puke,
- it's all sick and dysfunctional. Eat my shit, G33/<W0r|_<|. Virus yourself to
- death. Go blind staring at the screen waiting for more wares/inph0 to come
- trickling down the wire. The more of that shit comes in, the more life goes
- out. Ooh, and you hate it so much, don't you. You hate it.
-
- Hacking's mostly a big waste of time. Fuck you.
- Stupid Telephone Tricks will never be on David Letterman. Fuck you.
- Cryptography? Who'd wanna read YOUR boring email? Fuck you.
- Interactive television is a couch potato trap. Fuck you.
- "Surf the net," sucker. "Ride the edge," you maladjusted sack of shit.
-
- S. Ratte'
- cDc/Editor and P|-|Ear13zz |_3@DeRrr
- "We're into t-files for the groupies and money."
- Fuck you, fuck you... and most of all, fuck YOU.
-
- Write to: cDc communications, P.O. Box 53011, Lubbock, TX 79453.
- Internet: sratte@phantom.com.
- +____________________________________________________________________________
-
- cDc Global Domination Update #14-by Swamp Ratte'-"Hyperbole is our business"
-
-
- ALL NEW cDc RELEASES FTP'ABLE FROM FTP.EFF.ORG -pub/Publications/CuD/CDC
-
- ------------------------------
-
- Date: Fri, 28 Jan 1994 10:20:19 -0600
- From: marsha-w@UIUC.EDU(Marsha W)
- Subject: File 6--CPSR--not so bad after all
-
- Dear Bryce, and other people curious about CPSR,
-
- I read the criticism of CPSR, that it had a socialist/welfare-state
- agenda, and I thought, "probably some members do." I think you'll
- find extremes in any organization, and CPSR is no exception. CPSR
- members range from socialists to libertarians and everything in
- between.
-
- The offical stance of the organization certainly isn't socialist in
- any commonly used sense of the word.
-
- I can only speak from personal experience. I've been a member and now
- a Board member, and I've met the most active people and attended a
- national conference. I felt that these people have concerns about
- where computer technology is taking us, with grave worries about
- projects like Star Wars. CPSR wants to have some constructive input
- into the National Information Infrastructure (NII). If we don't keep
- our eyes wide open, the interests of the everyday user will be put
- aside for those trying to make a profit out of, or control, the
- technology.
-
- I've chosen to join forces with the CPSR group because they are very
- intelligent and knowledgeable and hard-working. You may have the
- impression that CPSR is a socialist enclave, but from my experience,
- it just ain't so. It's more like Physicians for Social
- Responsibility.
-
- Yours, Marsha Woodbury, Director at Large, CPSR
-
- ------------------------------
-
- Date: Fri, 28 Jan 1994 18:45:02 -0500
- From: spaf@CS.PURDUE.EDU(Gene Spafford)
- Subject: File 7--Soliciting Articles for New Journal
-
- I'm on the editorial board of a new journal. One of the areas I'll be
- coordinating is computer viruses and autonomous agents in computing
- systems.
-
- I'd like to encourage any of you with interesting research ideas or
- results to write them up for submission.
-
- Enclosed is a call for papers for the journal with more details.
- +--------------------
-
- CALL FOR PAPERS
-
- ARTIFICIAL LIFE
-
- Premiering in March with double Fall/Winter 1993 issue
-
- Edited by Christopher G. Langton
- Los Alamos National Laboratory and Santa Fe Institute
-
- Artificial Life, a new quarterly from The MIT Press, is the first
- unifying forum for the dissemination of scientific and engineering
- research in the field of artificial life. It reports on synthetic
- biological work being carried out in any media, from the familiar
- "wetware" of organic chemistry, through the inorganic "hardware" of
- mobile robots, all the way to the virtual "software" residing inside
- computers. Covering topics from the origin of life, through self-
- reproduction, evolution, growth and development, and animal
- behavior, to the dynamics of whole ecosystems, its articles present
- novel approaches to the theory and application of biological
- phenomena.
-
-
- Artificial Life will be an essential resource for scientists, academics,
- and students researching artificial life, biology, evolution, robotics,
- artificial intelligence, neural networks, genetic algorithms, ecosystem
- dynamics, and the origin of life.
-
-
- Selected Articles from Volume 1, Numbers 1 & 2
-
- Kristian Lindgren and Mats Nordahl
- Cooperation and Community Structure in Artificial Ecosystems
- Luc Steels
- The Artificial Life Roots of Artificial Intelligence
- Pattie Maes
- Autonomous Agents and AL
- Tom Ray
- An Evolutionary Approach to Synthetic Biology
- Eugene Spafford
- Computer Viruses as Artificial Life
- Stephanie Forrest and Melanie Mitchell
- Genetic Algorithms and Artificial Life
-
- Quarterly, Volume 1 forthcoming, fall/winter/spring/summer
- 96 pages per issue 7 x10, illustrated, ISSN 1064-5462
-
- Yearly Rates: $45 Individual; $125 Institution, $25 Student
-
- For Submission Information To order Subscriptions
- please contact: please contact:
-
- Christopher G. Langton Circulation Department
- Santa Fe Institute MIT Press Journals
- 1660 Old Pecos Trail 55 Hayward Street
- Santa Fe, NM 87501 U.S.A. Cambridge, MA 02142 U.S.A.
- TEL: 505-984-8800 TEL: 617-253-2889
- FAX: 505-982-0565 FAX: 617-258-6779
- cgl@santafe. edu journals-orders@mit.edu
-
- ------------------------------
-
- Date: Mon, 24 Jan 1994 13:49:38 -0800
- From: Al Whaley <Al.Whaley@SNYSIDE.SUNNYSIDE.COM>
- Subject: File 8--Leading Cryptologists Oppose Clipper
-
- More than three dozen of the nation's leading cryptographers,
- computer security specialists and privacy experts today urged
- President Clinton to abandon the controversial Clipper encryption
- proposal. The letter was coordinated by Computer Professionals
- for Social Responsibility (CPSR), which has long sought to open
- the issue of cryptography policy to public debate
-
- The group cited the secrecy surrounding the proposal,
- widespread public opposition to the plan and privacy concerns as
- reasons why the initiative should not go forward.
-
- The letter comes at a crucial point in the debate on
- cryptography policy. An internal Administration review of the
- issue is nearing completion and the National Security Agency (NSA)
- is moving forward with efforts to deploy Clipper technology in
- civilian agencies, including the Internal Revenue Service.
-
- CPSR has sponsored several public conferences on
- cryptography and privacy and has litigated Freedom of Informa-
- tion Act cases seeking the disclosure of relevant government
- documents. In one pending FOIA case, CPSR is challenging the
- secrecy of the Skipjack algorithm which underlies the Clipper
- proposal.
-
- For additional information, contact Dave Banisar, CPSR
- Washington, DC, (202) 544-9240, <banisar@washofc.cpsr.org>.
-
- =============================================================
-
-
- January 24, 1994
-
- The President
- The White House
- Washington, DC 20500
-
- Dear Mr. President,
-
- We are writing to you regarding the "Clipper" escrowed
- encryption proposal now under consideration by the White House.
- We wish to express our concern about this plan and similar
- technical standards that may be proposed for the nation's
- communications infrastructure.
-
- The current proposal was developed in secret by federal
- agencies primarily concerned about electronic surveillance, not
- privacy protection. Critical aspects of the plan remain
- classified and thus beyond public review.
-
- The private sector and the public have expressed nearly
- unanimous opposition to Clipper. In the formal request for
- comments conducted by the Department of Commerce last year, less
- than a handful of respondents supported the plan. Several hundred
- opposed it.
-
- If the plan goes forward, commercial firms that hope to
- develop new products will face extensive government obstacles.
- Cryptographers who wish to develop new privacy enhancing
- technologies will be discouraged. Citizens who anticipate that
- the progress of technology will enhance personal privacy will
- find their expectations unfulfilled.
-
- Some have proposed that Clipper be adopted on a voluntary
- basis and suggest that other technical approaches will remain
- viable. The government, however, exerts enormous influence in the
- marketplace, and the likelihood that competing standards would
- survive is small. Few in the user community believe that the
- proposal would be truly voluntary.
-
- The Clipper proposal should not be adopted. We believe that
- if this proposal and the associated standards go forward, even on
- a voluntary basis, privacy protection will be diminished,
- innovation will be slowed, government accountability will be
- lessened, and the openness necessary to ensure the successful
- development of the nation's communications infrastructure will be
- threatened.
-
- We respectfully ask the White House to withdraw the Clipper
- proposal.
-
- Sincerely,
-
- Public Interest and Civil Liberties Organizations
-
- Marc Rotenberg, CPSR
- Conrad Martin, Fund for Constitutional Government
- William Caming, privacy consultant
- Simon Davies, Privacy International
- Evan Hendricks, US Privacy Council
- Simona Nass, Society for Electronic Access
- Robert Ellis Smith, Privacy Journal
- Jerry Berman, Electronic Frontier Foundation
-
- Cryptographers and Security Experts
-
- Bob Bales, National Computer Security Association
- Jim Bidzos, RSA Data Security Inc.
- G. Robert Blakley, Texas A&M University
- Stephen Bryen, Secured Communications Technologies, Inc.
- David Chaum, Digicash
- George Davida, University of Wisconsin
- Whitfield Diffie, Sun Microsystems
- Martin Hellman, Stanford University
- Ingemar Ingemarsson, Universitetet i Linkvping
- Ralph C. Merkle, Xerox PARC
- William Hugh Murray, security consultant
- Peter G. Neumann, SRI International
- Bart Preneel, Katolieke Universiteit
- Ronald Rivest, MIT
- Bruce Schneier, Applied Cryptography (1993)
- Richard Schroeppel, University of Arizona
- Stephen Walker, Trusted Information Systems
- Philip Zimmermann, Boulder Software Engineering
-
- Industry and Academia
-
- Andrew Scott Beals, Telebit International
- Mikki Barry, InterCon Systems Corporation
- David Bellin, North Carolina A&T University
- Margaret Chon, Syracuse University College of Law
- Laura Fillmore, Online BookStore
- Scott Fritchie, Twin-Cities Free Net
- Gary Marx, University of Colorado
- Ronald B. Natalie, Jr, Sensor Systems Inc.
- Harold Joseph Highland, Computers & Security
- Doug Humphrey, Digital Express Group, Inc
- Carl Pomerance, University of Georgia
- Eric Roberts, Stanford University
- Jonathan Rosenoer, CyberLaw & CyberLex
- Alexis Rosen, Public Access Networks Corp.
- Steven Zorn, Pace University Law School
-
- (affiliations are for identification purposes only)
-
- ------------------------------
-
- Date: Fri, 28 Jan 1994 12:12-0500
- From: The White House <75300.3115@COMPUSERVE.COM>
- Subject: File 9--1994-01-26 Irving Testimony on Telecommunications Legislation
-
-
- TESTIMONY OF LARRY IRVING
- ASSISTANT SECRETARY FOR COMMUNICATIONS AND INFORMATION
- U.S. DEPARTMENT OF COMMERCE
-
- ON
- TELECOMMUNICATIONS REFORM LEGISLATION
-
-
-
- BEFORE THE SUBCOMMITTEE ON ECONOMIC AND COMMERCIAL LAW
- COMMITTEE ON THE JUDICIARY
- HOUSE OF REPRESENTATIVES
-
- JANUARY 26, 1994
-
- Mr. Chairman and Members of the Subcommittee:
-
- INTRODUCTION
-
- Good morning. Thank you for this opportunity to testify
- before you today on issues related to the development of a
- national telecommunications and information infrastructure --
- and, specifically, on Administration legislative proposals to
- promote the advancement of this infrastructure in a
- procompetitive manner that benefits all Americans. I am pleased
- to join Assistant Attorney General Bingaman, who will focus on
- the Administration's reform proposals bearing on the AT&T Consent
- Decree. I will discuss more generally the changes in the
- competitive landscape that make the passage of telecommunications
- legislation this year a top Administration priority, and, in the
- context of that discussion, highlight elements of the
- Administration's proposals not covered by Assistant Attorney
- General Bingaman.
-
- Vice President Gore and Secretary Brown unveiled the
- Administration's National Information Infrastructure (NII)
- initiative in September of last year, setting forth an agenda for
- a public-private partnership to help bring about this revolution.
-
- This includes support for innovative applications that will use
- the NII, improving access to government information, protecting
- individual privacy and intellectual property rights, and the
- passage of telecommunications legislation -- the subject of
- today's hearing.
-
- Before proceeding further, let me underscore, Mr. Chairman,
- the profound debt of gratitude the Administration owes you and
- Chairman Dingell for seizing the initiative in developing H.R.
- 3626. Our proposals for reform of the AT&T Consent Decree
- substantially build upon your efforts. The Administration also
- wishes to salute the creative bipartisan legislative initiatives
- undertaken by Representatives Markey and Fields, and by Senators
- Hollings, Inouye, and Danforth, among others. We have closely
- studied their proposals. Aspects of our set of legislative
- proposals, which I will touch on today, also build in large part
- upon the foundation they have established. The Administration
- looks forward to working closely with Congress to arrive at a
- final telecommunications legislative product that will stand the
- test of time.
-
- THE NEED FOR LEGISLATION
-
- There is a national consensus that an advanced information
- infrastructure will transform life for every person in the United
- States in the near future. We have all heard of countless
- examples of how broadband, interactive communications will
- connect and empower all people in this country. Vice President
- Al Gore recently said that the word "revolution" by no means
- overstates the changes ahead.
-
- The newspapers bring us daily examples of the ways in which
- the development of the NII will revolutionize American life. The
- January 19 Washington Post reported how interactive dial-up
- computer network services allowed individuals to communicate with
- friends and relatives in the Los Angeles area immediately after
- last week's disastrous earthquake, and to spread vital news to
- other interested subscribers within a matter of minutes. On
- January 19 Secretary of Health and Human Resources Shalala
- announced a contract that will provide by the end of this decade
- for the electronic payment of nearly all of the $1 billion annual
- Medicare bills. The Mountain Doctor Television Project (MDTV) in
- West Virginia brings high quality care to rural residents by
- allowing rural physicians to link to medical specialists at the
- University of West Virginia. Likewise, the Texas Telemedicine
- Project offers interactive video consultation to primary care
- physicians in rural hospitals as a way of alleviating the
- shortage of specialists in rural areas. Also, the Texas
- Education Network serves over 25,000 educators and is making the
- resources of the Internet available to classrooms, so that
- students in small school districts can access NASA and leave
- messages for the astronauts, browse around in libraries larger
- than they will ever be able to visit, and discuss world ecology
- with students in countries around the world, among other things.
-
- These and countless other examples attest to the rapid rate at
- which the American public is entering the information age.
-
- It would be a mistake, however, simply to "let nature take
- its course" and allow change to proceed under the existing legal
- regime, whose underlying structure was established 60 years ago.
-
- This is true for three essential reasons.
-
- First, in an increasingly competitive world trade
- environment -- which will become even more open with the
- implementation of NAFTA and the GATT Uruguay Round -- we simply
- must ensure that our telecommunications capabilities remain the
- best in the world. Because information transmission increasingly
- is the life's blood of all our industries, archaic rules that
- inappropriately retard innovation by telecommunications firms
- have a negative impact on the international competitiveness of
- the private sector in general by inhibiting industrial
- productivity and job creation. Legislation that lifts these
- outdated structures will enhance competitiveness and spur the
- creation of good new jobs.
-
- Second, the existing regulatory structure has been altered
- on an ad hoc basis over six decades to meet perceived problems of
- the moment. This has created an uneven playing field that
- artificially favors some competitors over others, and that in
- some instances unnecessarily discourages investment and risk-
- taking. These effects, in turn, inappropriately skew the growth
- of industry sectors and retard the development of the NII itself.
-
- Accordingly, legislation is needed to eliminate these unwarranted
- regulatory disparities.
-
- Third, we need to be sure that our telecommunications
- policies are fully responsive to the needs of the American people
- as a whole, and, in particular, poorer and disadvantaged
- Americans. As Secretary Brown stated in a January 5 address, we
- cannot "become a nation in which the new information age acts as
- a barrier, rather than a pathway, between Americans" -- a nation
- divided between the information rich and the information poor.
-
- Yet, while the universal provision of "plain old telephone
- service" has long been a national goal, the existing regulatory
- structure may not be sufficient to ensure that all Americans
- benefit from the broader range of information services that will
- become available under the NII. Accordingly, legislative reform
- is urgently needed to address this shortcoming. As Secretary
- Brown stated on January 5, "the Administration will propose a
- renewal and re-invention of the concept of universal service." I
- will have more to say about the Administration's views on
- universal service below.
-
- THE ADMINISTRATION'S PROPOSAL
-
- The Administration, as promised last fall, has developed a
- comprehensive set of legislative proposals setting forth the
- principles under which we believe the advanced infrastructure
- should operate. As I have already indicated, the
- Administration's proposals further the visions set forth in House
- and Senate legislative initiatives. We build upon innovative
- regulatory reforms and other dramatic steps taken by various
- states, and we will work closely with the states in promoting an
- advanced telecommunications and information infrastructure.
-
- Together we can encourage competition, infrastructure
- modernization, and advanced NII applications in health care,
- education, and government services.
-
- Underlying the Administration's proposals are five
- fundamental principles that Vice President Gore and Secretary
- Brown have outlined. These principles are:
-
- * Encouraging private investment in the NII;
-
- * Promoting and protecting competition;
-
- * Providing open access to the NII by consumers and service
- providers;
-
- * Preserving and advancing universal service to avoid creating
- a society of information "haves" and "have nots";
-
- * Ensuring flexibility so that the newly-adopted regulatory
- framework can keep pace with the rapid technological and
- market changes that pervade the telecommunications and
- information industries.
-
- ENCOURAGING PRIVATE INVESTMENT AND PROMOTING COMPETITION
- The Administration believes it is time to act decisively to
- lift the artificial regulatory boundaries that separate
- telecommunications and information industries and markets.
-
- Those clear, stable boundaries served us well in the past.
-
- They enabled regulators to establish separate regulatory regimes
- for firms in different industries. They also prompted regulators
- to address the threat of anticompetitive conduct on the part of
- some telecommunications firms by barring them from certain
- industries and markets.
-
- Technological and market changes are now blurring these
- boundaries beyond recognition, if not erasing them entirely. As
- Vice President Gore emphasized on January 11, we are moving away
- from a world where technologically valid regulatory distinctions
- may be made among local telephone, long distance telephone,
- cable, and other purveyors of information transmission. Digital
- technology enables virtually all types of information, including
- voice, video, and data, to be represented and transmitted as
- "bits" -- the ones and zeros of computer code. Thus, rules which
- artificially distinguish among different types of "bit
- transmitters" based on old historical understandings will no
- longer serve a socially useful purpose. Accordingly, regulatory
- change is necessary to fully realize the benefits of private
- investment and greater competition in the information
- infrastructure. Regulatory policies predicated on the old
- boundaries can harm consumers by impeding competition and
- discouraging private investment in networks and services. The
- Administration is therefore committed to removing unnecessary and
- artificial barriers to participation by private firms in all
- communications markets, while making sure that consumers remain
- protected and interconnected. These reforms are necessary in
- order for people in the United States to "win" the information
- revolution as soon as possible.
-
- To this end, the Administration supports the initiation by
- the Federal Communications Commission (FCC) of a review of
- current broadcast policies. Broadcasters remain the principal
- source of free, universally available electronic information in
- the United States, and it is important to ensure full
- participation by that industry in the NII.
-
- LOCAL TELECOMMUNICATIONS SERVICES
- The Administration supports removal of those barriers
- preventing competition in the provision of local
- telecommunications services. Competition already has generated
- substantial benefits for consumers in a host of communications
- and information service markets. For example, the varieties of
- customer premises equipment have expanded dramatically since
- deregulation. In addition, the price of interstate long distance
- telephone services for the average residential user has declined
- more than fifty percent in real dollars since 1984, due to
- competition and regulatory reform. At the same time, the
- infrastructure used to provide long distance service has been
- substantially upgraded. There are now four digital, fiber-based
- national networks serving this market, and many more
- interconnected regional networks. Consumers will realize similar
- benefits in service innovation, declining prices, and
- infrastructure enhancement from the expansion of competition in
- the local telephone market. Such competition will reduce the
- ability of any telephone company to harm competition and
- consumers through monopoly control and will encourage investment
- and innovation in the "on and off ramps" of the NII.
-
- Current policies regarding interconnection and service
- bundling, as well as specific barriers erected by individual
- states, inhibit competition -- and the low prices, service
- choices, and other benefits such competition brings to consumers.
-
- The Administration proposes to ensure that competing providers
- have the opportunity to interconnect their networks to local
- telephone company facilities on reasonable, nondiscriminatory
- terms. Local telephone companies will also be required to
- unbundle their service offerings so that alternative providers
- can offer similar services using a combination of, for example,
- telephone company-provided switching and their own transmission
- facilities. Finally, in order to ensure a consistent,
- procompetitive environment for telecommunications services, the
- Administration proposes to preempt state entry barriers and rate
- regulation of new entrants and other providers found by the FCC
- to lack market power.
-
- Competition in local telecommunications markets should
- generally lower prices and increase innovation in the services
- offered users. Nevertheless, we are aware of concerns that
- repricing of some local services may result in rate increases in
- some cases in an increasingly competitive environment.
-
- Accordingly, in order to guard against any possible "rate shock"
- for users, the FCC and state regulators will be directed, in
- implementing network interconnection and unbundling, to prevent
- undue rate increases for any class or group of ratepayers.
-
- MODIFIED FINAL JUDGMENT (MFJ) RESTRICTIONS
-
- The Modified Final Judgment (MFJ) in the AT&T Consent Decree
- helped unleash an era of competition and innovation that brought
- low prices and new service choices for consumers. In short, it
- has been a tremendous success. The Administration acknowledges
- the great public service the judiciary has performed in
- overseeing the breakup of that monopoly. But twelve years have
- passed since the basic framework of the MFJ was established, and
- it has been ten years since the breakup took place. Technologies
- and markets are changing rapidly. A judicial decree may at some
- point become a barrier to a more comprehensive, far-reaching
- approach to an advanced information infrastructure.
-
- Reform of the MFJ goes hand-in-glove with opening up local
- competition, which I described above. The development of full-
- fledged competition in the local provision of telecommunications
- services will alleviate the competitive concerns that prompted
- the strictures placed by the MFJ on the activities of the
- Regional Bell Operating Companies (RBOCs). Thus, comprehensive
- legislative procedures for loosening the MFJ restrictions as
- competition develops are appropriate. Implementation of these
- procedures in the wake of enhanced local competition will allow
- the RBOCs to compete in markets for goods and services now closed
- to them. This will further enhance innovation in the American
- economy and benefit consumers.
-
- Assistant Attorney General Bingaman will address the MFJ
- reform provisions. I wish to note, however, that while Assistant
- Attorney General Bingaman will describe the Administration's MFJ
- position, the Departments of Commerce and Justice have worked
- together closely in developing our position in this area. This
- position represents not only the joint efforts of our two
- Departments, but also the work of others in the Administration
- who have joined in this policy initiative.
-
- CABLE TELEVISION-TELEPHONE COMPANY CROSS-OWNERSHIP
-
- The Administration supports repeal of the current cable
- television-telephone company cross-ownership restriction in the
- 1984 Cable Act. We believe that telephone companies should be
- allowed to provide video services in their local exchange areas,
- subject to effective safeguards to protect consumers and
- competition.
-
- OPEN ACCESS AND PROGRAMMING DIVERSITY
-
- The public benefits of the information revolution would be
- severely diminished without a wide range of diverse programming.
-
- An advanced information infrastructure, to be truly useful, must
- offer a potpourri of educational material, health information,
- home and business services, entertainment, and other programming
- matter, both passive and interactive. Barriers to open access
- and widespread availability of programming serve only to harm
- users. The Administration's legislative proposals are designed
- to further the goals of promoting a diversity of programming and
- open access to distribution of this programming.
-
- ENSURING REGULATORY FLEXIBILITY AND FAIRNESS
-
- As barriers to an advanced information infrastructure fall,
- the regulatory regime must adapt to the changing environment. In
- the rapidly changing telecommunications and information
- industries, the only certainty is uncertainty. A new regulatory
- framework is required that will stand the test of time, without
- the need for continual upheaval in the nation's overall approach
- to telecommunications and information policy. At the same time,
- in the interest of fairness, similarly situated services should
- be subject to the same regulatory requirements. The
- Administration proposes to address these concerns by granting the
- FCC flexibility to reduce regulation for telecommunications
- carriers that lack market power.
-
- The Administration also proposes a new Title VII to the
- Communications Act, that will encourage firms to provide
- broadband, interactive, switched, digital transmission services.
-
- The Administration's Title VII proposal will provide the FCC with
- broad regulatory flexibility while maintaining key public policy
- goals, including open access, interconnection, and
- interoperability requirements, and obligations to support
- universal service.
-
- UNIVERSAL SERVICE
-
- The Administration is committed to developing a new concept
- of universal service that will serve the information needs of the
- American people in the 21st century. Indeed, the full potential
- of the NII will not be realized unless all Americans who desire
- it have easy, affordable access to advanced communications and
- information services, regardless of income, disability, or
- location. In his January 5 speech, Secretary Brown challenged
- the private sector "to expand universal service to the National
- Information Infrastructure." He pointed out that promotion of
- universal service advances American competitiveness, stating:
-
- "Just as progressive businesses have increasingly recognized that
- their fate is tied to education and good schools, so the
- businesses that will take advantage of the new information
- marketplace must realize that our national fortune is dependent
- on our national competitiveness -- on ensuring that no talent
- goes to waste."
-
- CONCLUSION
-
- In conclusion, enactment of telecommunications reform
- legislation will promote the development of the NII in a
- flexible, procompetitive fashion that creates incentives for
- desirable investment, economic growth, and the widescale
- availability to all Americans of new, highly valued information
- services. The Administration looks forward to close
- collaboration with Congress to enact a set of legislative
- proposals that achieves these desired ends. This concludes my
- testimony. I would be pleased to respond to any questions you
- may have.
-
- ------------------------------
-
- End of Computer Underground Digest #6.11
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