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- Computer underground Digest Wed Sep 21, 1994 Volume 6 : Issue 83
- ISSN 1004-042X
-
- Editors: Jim Thomas and Gordon Meyer (TK0JUT2@NIU.BITNET)
- Archivist: Brendan Kehoe
- Retiring Shadow Archivist: Stanton McCandlish
- Shadow-Archivists: Dan Carosone / Paul Southworth
- Ralph Sims / Jyrki Kuoppala
- Ian Dickinson
- Urban Legend Editor: E. Greg Shrdlugold
-
- CONTENTS, #6.83 (Wed, Sep 21, 1994)
-
- File 1--EPIC Letter on Wiretap Bill
- File 2--EFF Policy Dir. Jerry Berman, 09/13/94 HR Testimony on DigTel bill
- File 3--Dig Teleph Bill (HR 4922) to be marked up in Sen. Judic. Comm
- File 4-- For CUD: Pizza by E-mail in Santa Cruz
- File 5--One Hundred Reasons to Oppose the FBI Wiretap Bill (CPSR)
- File 6--Cu Digest Header Information (unchanged)
-
- CuD ADMINISTRATIVE, EDITORIAL, AND SUBSCRIPTION INFORMATION APPEARS IN
- THE CONCLUDING FILE AT THE END OF EACH ISSUE.
-
- ----------------------------------------------------------------------
-
- Date: Wed, 21 Sep 1994 16:25:03 EST
- From: David Sobel <dsobel@WASHOFC.EPIC.ORG>
- Subject: File 1--EPIC Letter on Wiretap Bill
-
- EPIC Letter on Wiretap Bill
- September 13, 1994
-
- Hon. Jack Brooks
- Chairman
- Committee on the Judiciary
- U.S. House of Representatives
- 2138 Rayburn House Office Bldg.
- Washington, DC 20515
-
- Dear Chairman Brooks:
-
- We are writing with regard to H.R. 4922, the Federal Bureau
- of Investigation's proposed wiretap legislation now pending before
- the Judiciary Committee. As you know, the current bill is the
- most recent version to emerge from a process that began more than
- two years ago, when the FBI first sought legislation to ensure its
- ability to conduct electronic surveillance through mandated design
- changes in the nation's information infrastructure. The
- Electronic Privacy Information Center (EPIC) has monitored that
- process closely and has scrutinized the FBI's claims that remedial
- legislation is necessary. EPIC has sponsored conferences at which
- the need for such legislation was debated with the participation
- of the law enforcement community, the telecommunications industry
- and privacy advocates. We have also sought the disclosure of all
- relevant information through a series of requests under the
- Freedom of Information Act. Having thus examined the issue, EPIC
- remains unconvinced of the necessity or advisability of the
- pending bill.
-
-
- The Need for the Proposed Legislation
-
- As a threshold matter, we do not believe that a compelling
- case has been made that new communications technologies hamper the
- ability of law enforcement agencies to execute court orders for
- electronic surveillance. For more than two years, EPIC has sought
- the public disclosure of any FBI records that might document the
- alleged problem. To date, no such documentation has been
- released. We recently initiated litigation under the FOIA in
- federal district court seeking disclosure of two internal FBI
- surveys cited by Director Freeh in support of the proposed
- legislation. Through earlier litigation we discovered that no FBI
- field offices had reported technical difficulties in executing
- court-ordered electronic surveillance. In fact, several field
- offices reported that they had not encountered such problems.
-
- Without public scrutiny of factual information on the nature
- and extent of the alleged technological impediments to
- surveillance, the FBI's claims remain anecdotal and speculative.
- Indeed, representatives of the telecommunications industry have
- consistently maintained that they are unaware of any instances in
- which a communications carrier has been unable to comply with law
- enforcement's requirements. For instance, in Congressional
- testimony on March 18, 1994, Roy Neel, President of the United
- States Telephone Association stated that,
-
- In the quarter century since the federal government
- first authorized court ordered wiretaps there have been
- tens of thousands of requests for assistance from local
- telephone exchange companies. In virtually every
- instance the local telephone company provided the
- appropriate law enforcement authority with the timely
- assistance it needed to effect the intercept.
-
- Under these circumstances, the nation should not embark upon
- a costly and potentially dangerous re-design of its telecommunica-
- tions network solely to protect the viability of fewer than 1000
- annual surveillances against wholly speculative impediments.
-
-
- Increased Risk of Network Vulnerability
-
- Our nation's communications infrastructure has never before
- been designed with the stated purpose of facilitating the
- interception of private communications. The proposed legislation
- would require, for the first time, that the telephone network must
- have vulnerabilities intentionally built into it. The potential
- pitfalls of such a course are apparent. As the General Services
- Administration noted in its analysis of an earlier version of the
- FBI's proposal (which we obtained under the FOIA),
-
- The proposed legislation would assist eavesdropping by
- law enforcement, but it would also apply to users who
- acquire the new technology capability and make it easier
- for criminals, terrorists, foreign intelligence (spies)
- and computer hackers to electronically penetrate the
- phone network and pry into areas previously not open to
- snooping. This situation of easier access due to new
- technology changes could therefore affect national
- security.
-
- As your report on the Computer Security Act of 1987 noted,
- "lack of computer security is a serious problem since such systems
- are the core of every modern organization." H. Rpt. 100-153, Part
- 2, at 10. With an ever-increasing flow of sensitive commercial
- and personal information traveling through the communications
- infrastructure, we should be seeking to strengthen the security of
- those transmissions. Unfortunately, as the GSA recognized, the
- pending legislation is likely to have the precise opposite effect
- on communications security.
-
-
- A Threat to Privacy in the Future
-
- We also believe that the proposed legislation would establish
- a dangerous precedent for the future. While the FBI claims that
- the legislation would not enhance its surveillance powers beyond
- those contained in existing law, the pending bill represents a
- fundamental change in the law's approach to electronic
- surveillance and police powers generally. The legislation would,
- for the first time, mandate that our means of communications must
- be designed to facilitate government interception. While we as a
- society have always recognized law enforcement's need to obtain
- investigative information upon presentation of a judicial warrant,
- we have never accepted the notion that the success of such a
- search must be guaranteed. By mandating the success of police
- searches through the re-design of the telephone network, the
- proposed legislation breaks troubling new ground. The principle
- underlying the pending bill could easily be applied to all
- emerging information technologies and be incorporated into the
- design of the National Information Infrastructure. It could also
- soon lead to the prohibition of encryption techniques other than
- government-designed "key escrow" or "Clipper" type systems.
-
- In short, EPIC believes that the proposed FBI wiretap bill
- raises substantial civil liberties and privacy concerns. The
- present need for the legislation has not been established and its
- future implications are frightening. In the spring of 1992, you
- convened hearings on law enforcement's claimed need to restrict
- the development and use of privacy-enhancing encryption
- technology. You observed that "the decisions we make in this area
- could have a profound impact on the future of U.S. industry and
- our society as a whole." We share your concern and urge you to
- examine closely both the claimed need for H.R. 4922 and its
- desirability for our democratic society.
-
-
-
-
-
- Sincerely,
-
- ______________________________ ______________________________
- Marc Rotenberg David L. Sobel
- Director Legal Counsel
-
- ------------------------------
-
- Date: Wed, 21 Sep 1994 16:22:11 EST
- From: mech@eff.org (Stanton McCandlish)
- Subject: File 2--EFF Policy Dir. Jerry Berman, 09/13/94 HR Testimony on DigTel b
- ill
-
- Electronic Frontier Foundation
-
- Testimony of
-
- Jerry J. Berman, Policy Director
- Electronic Frontier Foundation
-
- before the
-
- United States House Of Representatives
- Committee on Energy and Commerce
- Subcommittee On Telecommunications and Finance
-
- Hearing on
-
- Digital Telephony Legislation (H.R. 4922)
-
- September 13, 1994
-
- Chairman Markey and Members of the Subcommittee:
-
- I want to thank you for the opportunity to testify today on the
- recently introduced Digital Telephony bill (H.R. 4922, S. 2375). Over
- the past several years under the leadership of Chairman Markey,
- Representatives Fields, Boucher, and others, the Subcommittee has
- demonstrated knowledge, sensitivity, and vision in crafting our nation's
- telecommunications policy. I am pleased that the Subcommittee has
- chosen to apply its experience and expertise to the extraordinarily
- complex issues posed by the Digital Telephony legislation.
- The Electronic Frontier Foundation (EFF) is a public interest
- membership organization dedicated to achieving the democratic potential
- of new communications and computer technology and works to protect civil
- liberties in new digital environments. EFF also coordinates the Digital
- Privacy and Security Working Group (DPSWG), a coalition of more than 50
- computer, communications, and public interest organizations and
- associations working on communications privacy issues. I am testifying
- today, however, only on behalf of EFF.
- Since 1992, the Electronic Frontier Foundation has opposed a
- series of FBI Digital Telephony proposals, each of which would have
- forced communications companies to install wiretap capability into every
- communications network. However, earlier this year, when it became
- apparent that some version of the bill would pass the Congress, Senator
- Patrick Leahy and Representative Don Edwards asked EFF, along with
- computer and communications industry groups, to participate in a process
- that would yield a narrow bill that both met law enforcement needs and
- had strong privacy protections. The result of that process is the bill
- before us today.
- EFF remains deeply troubled by the prospect of the federal
- government requiring communications networks to be made "wiretap ready,"
- but we believe that this legislation is substantially less intrusive
- that the original FBI proposals. If Congress is going to act in this
- area, it should work to improve and pass this version of the
- legislation.
- As I testified to before a joint hearing of the House Subcommittee
- on Civil and Constitutional Rights and the Senate Subcommittee on
- Technology and the Law on August 11, 1994, we have worked diligently on
- this legislation with all interested parties in an effort to strike a
- careful balance between law enforcement's ability to conduct electronic
- surveillance and the more important public good -- the right to privacy
- guaranteed by the 4th amendment. The bill strikes this balance in a
- number of critical areas:
-
- * Law enforcement gains no additional authority to conduct
- electronic surveillance. The warrant requirements specified
- under current law remain unchanged
-
- * The standard for law enforcement access to online
- transactional records is raised to require a court order
- instead of a mere subpoena
-
- * Information gleaned from pen register devices is limited to dialed
- number information only. Law enforcement may not receive
- location-specific information
-
- * The bill does not preclude a citizen's right to use encryption
-
- * Privacy must be maintained in making new technologies
- conform to the requirements of the bill and privacy groups
- may intervene in the administrative standard-setting
- process.
-
- However, Mr. Chairman, the effectiveness of these privacy
- protections, as well as the future of technological innovation and the
- deployment of advanced telecommunications services to the American
- public, turn on one critical issue which remains to be addressed: Who
- assumes the risk and pays the cost of complying with the bill's
- requirements? The government or industry?
- EFF believes that allocating the risk and cost to industry will
- place privacy and security at risk if industry is required to foot the
- bill for unnecessary or unwarranted surveillance capabilities.
- Similarly, privacy may be shortchanged if industry takes short cuts to
- save costs in meeting the legislation's requirements. Industry may
- also be discouraged from deploying new and innovative technologies
- because of the costs of law enforcement compliance features. Finally,
- public accountability is undermined by making potentially significant
- law enforcement costs without public scrutiny and debate. In our view,
- the public interest can only be served if government assumes the risk
- and pays the costs of compliance. While effective law enforcement may
- be in the public interest, it should not come at the expense of other
- public goods -- privacy, public accountability, and technological
- innovation. To resolve this issue, we believe that the legislation
- should be amended to require government to pay all reasonable costs
- incurred to meet the statute's requirements on an ongoing basis.
-
- A. Linkage of cost to compliance requirements in the first four
- years -- the FBI gets what it pays for and no more
-
- The bill authorizes, but does not appropriate, $500 million to be
- spent by the government in reimbursing telecommunications carriers for
- bringing their networks into compliance with the bill within the first
- four years of enactment. The FBI maintains that this is enough money to
- cover all reasonable expenses of retrofitting. The industry, however,
- has consistently maintained that the costs are five to ten times higher.
- Given the FBI's confidence in their cost estimate, we believe that
- telecommunications carriers should only be required to comply to the
- extent that they have been reimbursed.
- In his testimony before a joint hearing of the House Subcommittee
- on Civil and Constitutional Rights and the Senate Subcommittee on
- Technology and the Law on August 11, 1994, the FBI director stated that
- "I think it would be [...] extremely unlikely for a district court judge
- in the process which is contemplated by this legislation to force
- compliance or use of any sanctions when compliance is impossible because
- of the non-reimbursement which is the predicate in the legislation".
- Based on the Director's previous testimony and other discussions with
- the FBI, EFF believes that the bill should include a provision to
- directly link telecommunications carriers liability with government
- reimbursement for retrofitting.
-
-
- B. Government reimbursement for compliance costs after four years
- -- public accountability necessary
-
- The problem, Mr. Chairman, is that under the current bill, the
- government is not responsible for paying the cost of meeting the
- mandated capability requirements after four years, particularly with
- respect to new services. The FBI has repeatedly argued that the costs
- for incorporating surveillance capabilities in new services at the
- design stage will be de minimis, a contention which most industry
- representatives and EFF believe may not be correct.
- As this Subcommittee is aware, it is impossible to estimate
- compliance costs for technologies which are not even on the drawing
- boards. The way to resolve the issue is to have the government assume
- the risks.
- If costs for compliance after four years are truly de minimis,
- then the expenses born by the taxpayers will be minimal. If, however,
- costs are substantial, the government should pay. This will insure that
- the government, on a case-by-case basis and with an opportunity for
- public oversight, determines if compliance is significant enough to pay
- for out of taxpayers' funds. This will also ensure that the government
- sets law enforcement priorities.
- As I stated earlier, if the telecommunications industry is
- responsible for all future compliance costs, it may be forced to accept
- solutions which short-cut the privacy and security of telecommunications
- networks, or be forced to leave advanced features on the shelf, slowing
- technological innovation and the development of the NII. Linking
- compliance to government reimbursement in the out years also has the
- added benefit of providing public oversight and accountability for law
- enforcement surveillance capability.
- The drafters of this legislation have wisely included public
- oversight of government surveillance expenditures in the first four
- years. This same principal should be applied to out year compliance
- costs.
-
- C. Ensure the right to deploy untappable services
-
- The enforcement provisions of the bill suggest, but do not state
- explicitly, that services which are untappable may be deployed.
- Having worked for many years towards the goal of promoting the
- development of the NII, the members of this Subcommittee are clearly
- aware that its promise and potential rest on the deployment of advanced
- technologies and services. EFF remains deeply concerned that
- technological innovation and the deployment of advanced
- telecommunications services to the public may be stifled if
- telecommunications carriers are forced to incur huge costs for
- compliance, or if the Government is allowed to prohibit a new feature or
- service from being deployed. Although EFF believes that the bill
- intends to allow carriers to deploy untappable features or services,
- the bill must clearly state that if it is technically and economically
- unreasonable to make a service tappable, or if the government has failed
- to reimburse a carrier for compliance costs, then it may be deployed,
- without interference by a court. Making the government responsible for
- all reasonable costs of having new services comply with the legislation
- will go a long way to insuring that this legislation will not be a drag
- on innovation.
-
- D. Additional areas where strengthening is necessary
-
- In addition to our concerns about compliance costs, EFF believes
- that the bill requires strengthening in the following areas before final
- passage:
-
-
- 1. Strengthened public process
-
- In the first four years of the bill's implementation, most of the
- requests that law enforcement makes to carriers are required to be
- recorded in the public record. However, additional demands for
- compliance after that time are only required to be made by written
- notice to the carrier. To facilitate public scrutiny, the bill should
- require all compliance requirements, whether initial requests or
- subsequent modification, must be recorded in the Federal Register.
-
- 2. Clarify definition of call identifying information
-
- The definition of call identifying information in the bill is too
- broad. Whether intentionally or not, the term now covers network
- signaling information of networks which are beyond the scope of the
- bill. As drafted, the definition would appear to require
- telecommunications carriers to deliver not only the signaling
- information generated by their own services, but also the signaling
- information generated by information services and electronic
- communication services that travel over the facilities of the
- telecommunication carrier. In many cases this may be technically
- impractical. Moreover, it is contrary to the policy adopted by the bill
- to maintain a narrow scope.
-
- 3. Review of minimization requirements in view of commingled
- communications
-
- The bill implicitly contemplates that law enforcement, in some
- cases, will intercept large bundles of communications, some of which are
- from subscribers who are not subject of wiretap orders. For example,
- when tapping a single individual whose calls are handled by a PBX, law
- enforcement may sweep in calls of other individuals as well. Currently
- the Constitution and Title III requires "minimization" procedures in all
- wiretaps, to minimize the intrusion on the privacy of conversations not
- covered by a court's wiretap order. In the world of 1968, when the
- original Wiretap Act was passed, most subscribers telecommunications
- facilities carried single conversations on single lines. But today,
- many conversations are co-mingled on one broadband communications
- facility. In order to ensure that constitutionally-mandated
- minimization is maintained, the bill should recognize that stronger
- minimization procedures may be required.
-
- E. New privacy protections
-
- The Digital Telephony legislation before us includes significant
- recognition that new communication technologies, and new patterns of
- technology use, require new privacy protections. Thanks to the work of
- Senator Leahy and Representative Edwards and Senator Biden, the bill
- contains a number of significant privacy advances, including enhanced
- protection for the detailed transactional information records generated
- by online information services, email systems, and the Internet. These
- protections should remain in the legislation.
-
- 1. Expanded protection for transactional records sought by law
- enforcement
-
- Chief among these new protections is an enhanced protection for
- transactional records from indiscriminate law enforcement access. For
- purposes of maintenance and billing, most online communication and
- information systems create detailed records of users' communication
- activities as well as lists of the information that they have accessed.
- Provisions in the bill recognize that this transactional information
- created by new digital communications systems is extremely sensitive and
- deserves a high degree of protection from casual law enforcement access
- which is currently possible without any independent judicial
- supervision.
- EFF commends the authors of this legislation for recognizing that
- law enforcement access to transactional records in online communication
- systems (everything from the Internet to America OnLine to hobbyist
- BBSs) threatens privacy rights. Indiscriminate access to transactional
- records implicates privacy interests because:
-
- * the records are personally identifiable,
- * they reveal the content of people's communications, and,
- * the compilation of such records makes it easy for law enforcement
- to create a detailed picture of people's lives online.
-
- Based on this recognition, the draft bill contains the following
- provisions:
-
- * Court order required for access to transactional records instead
- of mere subpoena
-
- In order to gain access to transactional records, such as a list
- of to whom a subject sent email, which online discussion group one
- subscribes to, or which movies a subject requested on a pay-per view
- channel, law enforcement will have to prove to a court, by the showing
- of "specific and articulable facts" that the records requested are
- relevant to an ongoing criminal investigation. This means that the
- government may not request volumes of transactional records merely to
- see what it can find through traffic analysis. Rather, law enforcement
- will have to prove to a court that it has reason to believe that it will
- find specific information relevant to an ongoing criminal investigation
- in the records it requests.
- With these provisions, we have achieved for all online systems a
- significantly greater level of protection than exists today for records
- such as email logs, and greater protection than currently exists for
- telephone toll records. The lists of telephone calls that are kept by
- local and long distance phone companies are available to law enforcement
- without any judicial intervention at all. Law enforcement gains access
- to hundreds of thousands of such telephone records each year, without a
- warrant and without even notice to the citizens involved. Court order
- protection will make it much more difficult for law enforcement to go on
- "fishing expeditions" through online transactional records, hoping to
- find evidence of a crime by accident. We have also submitted a detailed
- memorandum on the importance of protection and would ask that this
- document be included in the record of these proceedings along with this
- testimony.
-
- * Standard of proof much greater than for telephone toll records,
- but below that for content
-
- The most important change that these new provisions offer is that
- law enforcement will: (a) have to convince a judge that there is reason
- to look at a particular set of records, and; (b) have to expend the time
- and energy necessary to have a United States Attorney or District
- Attorney actually present a case before a court. However, the burden of
- proof to be met by the government in such a proceeding is lower than
- required for access to the content of a communication.
-
- 2. New protection for location-specific information available in
- cellular, PCS and other advanced networks
-
- Much of the electronic surveillance conducted by law enforcement
- today involves gathering telephone dialing information through a device
- known as a pen register. Authority to attach pen registers is obtained
- merely by asserting that the information would be relevant to a criminal
- investigation. Under current law, courts must approve pen register
- requests without any substantive review of the basis for law
- enforcement's request. This legislation offers significant new limits on
- the use of pen register data.
- Under this bill, when law enforcement seeks pen register
- information from a telecommunications carrier, the carrier is forbidden
- to deliver to law enforcement any information which would disclose the
- location or movement of the calling or called party. Cellular phone
- networks, PCS systems, and so-called "follow-me" services all store
- location information in their networks. This new limitation is a major
- safeguard which will prevent law enforcement from casually using mobile
- and intelligent communications services as nation-wide tracking systems.
-
- 3. New limitations on "pen register" authority
-
- Contemporary uses of pen registers also involve substantial
- privacy invasion, even aside from location information. Currently, law
- enforcement is able to use pen registers to capture not only the
- telephone number dialed, but also any other touch-tone digits dialed
- which reflect the user's interaction with an automated information
- service on the other end of the line, such as an automatic banking
- system or a voice-mail password. If this bill is enacted, law
- enforcement would be required to use "technology reasonably available"
- to limit pen registers to the collection of calling number information
- only. We are aware that new pen register devices are now on the market
- which automatically screen out all dialed digits except for the actual
- telephone numbers. Just as this bill would require telecommunications
- carriers to deploy technology which facilitates taps, we believe that
- law enforcement should be required to deploy technology which shields
- users communications from unauthorized invasion.
-
- 4. Bill does not preclude use of encryption
-
- Unlike previous Digital Telephony proposals, this bill places no
- obligation on telecommunication carriers to decipher encrypted messages,
- unless the carrier actually holds the key to the message as well.
-
- 5. Automated remote monitoring precluded
-
- Law enforcement is specifically precluded from having automated,
- remote surveillance capability. Any court-ordered electronic
- surveillance must be initiated by an employee of the telecommunications
- carrier, upon request by law enforcement. Maintaining operational
- separation between law enforcement agents and communication networks is
- an important privacy safeguard.
-
- 6. Privacy considerations essential to development of new technology
-
- One of the requirements that telecommunications carriers must meet
- to be in compliance with the bill is that the wiretap access methods
- adopted must protect the privacy and security of each user's
- communication. If this requirement is not met, anyone may petition the
- FCC to have the wiretap access requirements modified so that network
- security is maintained. This requirement, just like those designed to
- serve law enforcement's needs, must be carefully implemented and
- monitored so that the technology used to conduct wiretaps cannot also
- jeopardize the security of the network as a whole. If network-wide
- security problems arise because of wiretapping standards, then the
- standards should be overturned.
-
- F. Improvements over previous Administration proposals
-
- In addition to the privacy protections added to this bill, we also
- note that the surveillance requirements are not as far-reaching as the
- original FBI version. A number of procedural safeguards are added which
- seek to minimize the threatens to privacy, security, and innovation.
- Though the underlying premise of the bill is still cause for concern,
- these new limitations deserve attention:
-
- 1. Narrow Scope
-
- The bill explicitly excludes Internet providers, email systems,
- BBSs, and other online services. Unlike the bills previously proposed by
- the FBI, this bill is limited to local and long distance telephone
- companies, cellular and PCS providers, and other common carriers.
-
- 2. Open process with public right of intervention
-
- The public will have access to information about the
- implementation of the bill, including open access to all standards
- adopted in compliance with the bill, the details of how much wiretap
- capacity the government demands, and a detailed accounting of all
- federal money paid to carriers for modifications to their networks.
- Privacy groups, industry interests, and anyone else has a statutory
- right under this bill to challenge implementation steps taken by law
- enforcement if they threaten privacy or impede technology advancement.
-
- 3. Technical requirements standards developed by industry instead of
- the Attorney General
-
- All surveillance requirements are to be implemented according to
- standards developed by industry groups. The government is specifically
- precluded from forcing any particular technical standard, and all
- requirements are qualified by notions of economic and technical
- reasonableness.
-
- 4. Right to deploy untappable services
-
- Unlike the original FBI proposal, this bill recognizes that there
- may be services which are untappable, even with Herculean effort to
- accommodate surveillance needs. We understand that the bill intends to
- allow untappable services to be deployed if redesign is not economically
- or technically feasible. These provisions, however, should be
- clarified.
-
- G. Conclusion
-
- In closing, I would like to thank Chairman Markey and members of
- the Subcommittee, as well as others who have worked so hard on this
- legislation. The Electronic Frontier Foundation looks forward to
- working with all of you as the bill moves through the legislative
- process.
-
- ------------------------------
-
- Date: Thu, 22 Sep 1994 00:27:05 -0400 (EDT)
- From: "Shabbir J. Safdar" <shabbir@PANIX.COM>
- Subject: File 3--Dig Teleph Bill (HR 4922) to be marked up in Sen. Judic. Comm
-
- DISTRIBUTE WIDELY (though no later than October 15, 1994)
-
- [If you've only got 2 minutes, skip down to the "What You Can Do"
- section.
-
- The place to concentrate grass-roots efforts is now the Senate! The
- Senate half of this bill is about to be "marked up" in the Judiciary
- Committee. This is a great time to stop it. Your Senator needs to
- hear from you!]
-
- The FBI's Wiretap bills (also known as the DT - Digital Telephony bills)
- mandate that *all* communications carriers must provide wiretap-ready
- equipment so that the FBI can more easily implement their court-ordered
- wiretaps more easily. The costs of re-engineering all communications
- equipment will be borne by the government, industry and consumers.
-
- The bill is vague and the standards defining "wiretap ready" do not
- exist. Furthermore, the FBI has yet to make a case which demonstrates
- that they have been unable to implement a single wiretap. Although
- we as a society have accepted law enforcement's need to perform
- wiretaps, it is not reasonable to mandate this functionality as a part
- of the design. In itself, that would be an important balance. However
- without any proof that this is indeed a realistic and present problem,
- it is unacceptable and premature to pass this legislation today.
-
- The Voters Telecomm Watch (VTW) does not believe the FBI has made a
- compelling case to justify that all Americans give up their privacy.
- Furthermore, the VTW does not believe the case has been made to justify
- spending 500 million Federal dollars over the next 4 years to
- re-engineer equipment to compromise privacy, interfere with
- telecommunications privacy, and fulfill an unproven government need.
-
-
- WHAT YOU CAN DO
- ========================
- You can help stop this legislation before it is too late!
- Contact your Senators, especially if they're on the Judiciary
- Committee. Faxes are best, phone calls are second best; email
- is probably not the greatest method of showing your opposition.
- Congress just doesn't handle email well yet.
-
-
- Step 1.
- Figure out which state you're in. :-)
- Find your two Senators on the lists appended.
-
- Step 2. Pick up the phone, or type up your letter.
-
- Step 3. Express your opinion. If you're at a loss for words, use
- our sample communique below:
-
- SAMPLE PHONE CALL
-
- The FBI's Digital Telephony bill (SB 2375) affects the delicate
- balance between the public's privacy and law enforcement's need
- to perform wiretaps. It will require huge unknown amounts of
- funding, and its need has not yet been justified by the FBI to
- the public.
-
- Please vote against SB 2375.
-
- Thank you,
-
- ___________________
-
- SAMPLE FAX
- Dear Honorable Senator _______________,
-
- The FBI's Digital Telephony bill (SB 2375) disturbs me
- greatly. The FBI has not yet made their case to the public
- that we need to build wiretap functionality into the telephones
- of 250 million people to justify wiretaps which have not yet
- been proven to be difficult to implement.
-
- Furthermore, no one has yet explained how we as a nation are
- going to pay for the costs of this bill, which are at least 500
- million dollars and likely to be higher.
-
- The bill would clearly compromise the privacy of all Americans
- with no counterbalancing benefit to either law enforcement or
- the public. The FBI has not yet demonstrated to the public a
- need for this.
-
- I urge you to oppose the Digital Telephony bill (SB 2375).
-
- Sincerely,
-
- ___________________
-
- Step 4. Feel good about yourself. You've just participated in democracy
- without leaving your seat.
-
- Step 5. [Extra special bonus step for activists :-]
- Before you hang up, ask your Senator's staff member what
- their position is on SB 2375. It's not an unreasonable question,
- they were elected to represent people like you. Mail the answer
- to vtw@vtw.org. We believe in making legislators accountable
- for their positions.
-
- For more information about the Digital Telephony bills, check the
- Voters Telecomm Watch gopher site (gopher.panix.com) or contact Steven
- Cherry, VTW Press Contact at (718) 596-2851 or stc@vtw.org.
-
- VTW posts a Digital Telephony FAQ monthly to several Usenet newsgroups
- including comp.org.cpsr.talk and comp.org.eff.talk. Look for it or
- contact us at vtw@vtw.org for a copy.
-
- List of Senators on the Judiciary Committee:
- p st name phone fax
- ========================
- D DE Biden Jr., Joseph R. 1-202-224-5042 na
- Note: Sen. Biden is both the Chairman and a cosponsor of the bill
- R UT Hatch, Orrin G. 1-202-224-5251 1-202-224-6331
- D MA Kennedy, Edward M. 1-202-224-4543 1-202-224-2417
- R SC Thurmond, Strom 1-202-224-5972 1-202-224-1300
- D OH Metzenbaum, Howard 1-202-224-2315 1-202-224-6519
- R WY Simpson, Alan K. 1-202-224-3424 1-202-224-1315
- D AZ DeConcini, Dennis 1-202-224-4521 1-202-224-2302
- R IA Grassley, Charles E. 1-202-224-3744 na
- D VT Leahy, Patrick J. 1-202-224-4242 na
- Note: Sen. Leahy is the bill's sponsor
- R PA Specter, Arlen 1-202-224-4254 na
- D AL Heflin, Howell T. 1-202-224-4124 1-202-224-3149
- R CO Brown, Henry 1-202-224-5941 na
- D IL Simon, Paul 1-202-224-2152 1-202-224-0868
- R ME Cohen, William S. 1-202-224-2523 1-202-224-2693
- D WI Kohl, Herbert H. 1-202-224-5653 na
- R SD Pressler, Larry 1-202-224-5842 1-202-224-1630
- D CA Feinstein, Diane 1-202-224-3841 na
- D IL Moseley-Braun, Carol 1-202-224-2854 na
-
-
- Complete list of Senators:
- p st name phone fax
- ========================
- R AK Murkowski, Frank H. 1-202-224-6665 1-202-224-5301
- R AK Stevens, Ted 1-202-224-3004 1-202-224-1044
- D AL Heflin, Howell T. 1-202-224-4124 1-202-224-3149
- D AL Shelby, Richard C. 1-202-224-5744 1-202-224-3416
- D AR Bumpers, Dale 1-202-224-4843 1-202-224-6435
- D AR Pryor, David 1-202-224-2353 na
- D AZ DeConcini, Dennis 1-202-224-4521 1-202-224-2302
- R AZ McCain, John 1-202-224-2235 na
- D CA Boxer, Barbara 1-202-225-5161 na
- D CA Feinstein, Diane 1-202-224-3841 na
- D CO Campbell, Ben N. 1-202-225-4761 1-202-225-0228
- R CO Brown, Henry 1-202-224-5941 na
- D CT Dodd, Christopher J. 1-202-224-2823 na
- D CT Lieberman, Joseph I. 1-202-224-4041 1-202-224-9750
- D DE Biden Jr., Joseph R. 1-202-224-5042 na
- R DE Roth Jr., William V. 1-202-224-2441 1-202-224-2805
- D FL Graham, Robert 1-202-224-3041 na
- R FL Mack, Connie 1-202-224-5274 1-202-224-8022
- D GA Nunn, Samuel 1-202-224-3521 1-202-224-0072
- R GA Coverdell, Paul 1-202-224-3643 na
- D HI Akaka, Daniel K. 1-202-224-6361 1-202-224-2126
- D HI Inouye, Daniel K. 1-202-224-3934 1-202-224-6747
- D IA Harkin, Thomas 1-202-224-3254 1-202-224-7431
- R IA Grassley, Charles E. 1-202-224-3744 na
- R ID Craig, Larry E. 1-202-224-2752 1-202-224-2573
- R ID Kempthorne, Dirk 1-202-224-6142 1-202-224-5893
- D IL Moseley-Braun, Carol 1-202-224-2854 na
- D IL Simon, Paul 1-202-224-2152 1-202-224-0868
- R IN Coats, Daniel R. 1-202-224-5623 1-202-224-8964
- R IN Lugar, Richard G. 1-202-224-4814 na
- R KS Dole, Robert 1-202-224-6521 1-202-224-8952
- R KS Kassebaum, Nancy L. 1-202-224-4774 1-202-224-3514
- D KY Ford, Wendell H. 1-202-224-4343 na
- R KY McConnell, Mitch 1-202-224-2541 1-202-224-2499
- D LA Breaux, John B. 1-202-224-4623 na
- D LA Johnston, J. Bennett 1-202-224-5824 na
- D MA Kennedy, Edward M. 1-202-224-4543 1-202-224-2417
- D MA Kerry, John F. 1-202-224-2742 na
- D MD Mikulski, Barbara A. 1-202-224-4654 1-202-224-8858
- D MD Sarbanes, Paul S. 1-202-224-4524 1-202-224-1651
- D ME Mitchell, George J. 1-202-224-5344 na
- R ME Cohen, William S. 1-202-224-2523 1-202-224-2693
- D MI Levin, Carl 1-202-224-6221 na
- D MI Riegle Jr., Donald 1-202-224-4822 1-202-224-8834
- D MN Wellstone, Paul 1-202-224-5641 1-202-224-8438
- R MN Durenberger, David 1-202-224-3244 na
- R MO Bond, Christopher S. 1-202-224-5721 1-202-224-8149
- R MO Danforth, John C. 1-202-224-6154 na
- R MS Cochran, Thad 1-202-224-5054 na
- R MS Lott, Trent 1-202-224-6253 1-202-224-2262
- D MT Baucus, Max 1-202-224-2651 na
- R MT Burns, Conrad R. 1-202-224-2644 1-202-224-8594
- R NC Faircloth, D. M. 1-202-224-3154 1-202-224-7406
- R NC Helms, Jesse 1-202-224-6342 na
- D ND Conrad, Kent 1-202-224-2043 na
- D ND Dorgan, Byron L. 1-202-225-2611 1-202-225-9436
- D NE Exon, J. J. 1-202-224-4224 na
- D NE Kerrey, Joseph R. 1-202-224-6551 1-202-224-7645
- R NH Gregg, Judd 1-202-224-3324 na
- R NH Smith, Robert 1-202-224-2841 1-202-224-1353
- D NJ Bradley, William 1-202-224-3224 1-202-224-8567
- D NJ Lautenberg, Frank R. 1-202-224-4744 1-202-224-9707
- D NM Bingaman, Jeff 1-202-224-5521 na
- R NM Domenici, Pete V. 1-202-224-6621 1-202-224-7371
- D NV Bryan, Richard H. 1-202-224-6244 na
- D NV Reid, Harry 1-202-224-3542 1-202-224-7327
- D NY Moynihan, Daniel P. 1-202-224-4451 1-202-224-9293
- R NY D'Amato, Alfonse M. 1-202-224-6542 1-202-224-5871
- D OH Glenn, John 1-202-224-3353 na
- D OH Metzenbaum, Howard 1-202-224-2315 1-202-224-6519
- D OK Boren, David L. 1-202-224-4721 na
- R OK Nickles, Donald 1-202-224-5754 1-202-224-6008
- R OR Hatfield, Mark O. 1-202-224-3753 na
- R OR Packwood, Robert 1-202-224-5244 na
- D PA Wofford, Harris 1-202-224-6324 1-202-224-4161
- R PA Specter, Arlen 1-202-224-4254 na
- D RI Pell, Claiborne 1-202-224-4642 1-202-224-4680
- R RI Chafee, John H. 1-202-224-2921 na
- D SC Hollings, Ernest F. 1-202-224-6121 na
- R SC Thurmond, Strom 1-202-224-5972 1-202-224-1300
- D SD Daschle, Thomas A. 1-202-224-2321 1-202-224-2047
- R SD Pressler, Larry 1-202-224-5842 1-202-224-1630
- D TN Mathews, Harlan 1-202-224-1036 1-202-228-3679
- D TN Sasser, James 1-202-224-3344 na
- D TX Krueger, Robert 1-202-224-5922 na
- R TX Gramm, Phil 1-202-224-2934 na
- R UT Bennett, Robert 1-202-224-5444 na
- R UT Hatch, Orrin G. 1-202-224-5251 1-202-224-6331
- D VA Robb, Charles S. 1-202-224-4024 1-202-224-8689
- R VA Warner, John W. 1-202-224-2023 1-202-224-6295
- D VT Leahy, Patrick J. 1-202-224-4242 na
- R VT Jeffords, James M. 1-202-224-5141 na
- D WA Murray, Patty 1-202-224-2621 1-202-224-0238
- R WA Gorton, Slade 1-202-224-3441 1-202-224-9393
- D WI Feingold, Russell 1-202-224-5323 na
- D WI Kohl, Herbert H. 1-202-224-5653 na
- D WV Byrd, Robert C. 1-202-224-3954 1-202-224-4025
- D WV Rockefeller, John D. 1-202-224-6472 1-202-224-1689
- R WY Simpson, Alan K. 1-202-224-3424 1-202-224-1315
- R WY Wallop, Malcolm 1-202-224-6441 1-202-224-3230
-
- ------------------------------
-
- Date: Fri, 16 Sep 1994 18:27 CDT
- From: Bill Higgins-- Beam Jockey <HIGGINS@FNALV.BITNET>
- Subject: File 4-- For CUD: Pizza by E-mail in Santa Cruz
-
- In Santa Cruz, a Pizza Hut will now accept pizza delivery orders by
- e-mail. Wow.
-
- After a much-forwarded press release landed in my mailbox, I phoned
- one of the numbers to see if it was a hoax (well, if it is, at least
- they have the phones covered convincingly), then fired up Mosaic to
- look at the WWW page. I append some excerpts from the press release
- and an account of the project snagged (with permission) from one of
- the PizzaNet Web pages.
-
- History has been made. Ordering pizza from your computer. It's the
- fulfillment of a hacker dream at least as old as computer networking.
- (Is this indeed the first time such a service has been available?)
-
- Bill Higgins Internet: HIGGINS@FNAL.FNAL.GOV
- Fermi National Accelerator Laboratory Bitnet: HIGGINS@FNAL.BITNET
- =========
- FOR IMMEDIATE RELEASE CONTACT:
-
- Rob Doughty Elisheva Steiner
- Pizza Hut, Inc. The Santa Cruz Operation, Inc.
- TEL: 316/681-9602 TEL: 408/427-7252
-
- SCO AND PIZZA HUT ANNOUNCE PILOT PROGRAM
- FOR PIZZA DELIVERY ON THE INTERNET
-
- "PizzaNet'' Program Enables Computer Users
- to Electronically Order Deliveries
-
-
- WICHITA, KS AND SANTA CRUZ, CA, SCO FORUM94 (August 22, 1994) --
- (NASDAQ:SCOC) In a revolutionary spin on business use of the
- Information Superhighway, The Santa Cruz Operation, Inc. (SCO)
- and Pizza Hut, Inc. today announced "PizzaNet," a pilot program
- that enables computer users, for the first time, to
- electronically order pizza delivery from their local Pizza Hut
- restaurant via the worldwide Internet.
-
- Pizza Hut will launch the PizzaNet pilot in the Santa Cruz area
- on August 22 and use it to study the feasibility of expanding the
- program to other cities in the U.S. and around the world.
- Technology for the pilot program includes the SCO Global Access
- product, an integrated Internet business server solution. The SCO
- Global Access incorporates advanced NCSA Mosaic software for
- browsing the Internet, and the custom "PizzaNet" application
- software developed by SCO's Professional Services organization.
-
- [...]
-
- To participate in the PizzaNet Pilot, customers in the Santa Cruz
- area need computers with Internet access and any version of
- Mosaic, such as Windows, Mac, or UNIX. Customers use the
- Internet's World Wide Web to access the centralized PizzaNet
- server at Pizza Hut Headquarters in Wichita, Kansas. This 486
- system runs SCO Open Server and SCO Global Access software, using
- the Mosaic and Hypertext Transfer Protocol to present customers
- with a customized menu page for ordering pizza deliveries. Mosaic
- is widely used at many technology companies, government agencies,
- and universities. It is rapidly being adopted by many business
- and home users in response to the continuing availability of new
- and innovative business and information services.
-
- The customer uses the menu pages to enter name, address, and
- phone information, along with orders for pizza and beverages. The
- order is then transmitted via the Internet back to Wichita, and
- then relayed via modem and conventional phone lines to the SCO
- Open Server system at the customer's nearest Pizza Hut
- restaurant. The local restaurant can then telephone first-time
- users to verify orders. All money changes hand at the point of
- delivery.
-
- [...]
-
- Santa Cruz Internet users can access PizzaNet by entering
- http://www.pizzahut.com. To obtain more information on SCO via
- the Internet, enter http://www.sco.com.
-
- [End of press release. Text of WWW page with URL
- http://www.pizzahut.com/team.html begins:]
-
- The PizzaNet Team
-
- PizzaNet is the brainchild of two cooperating companies: Pizza Hut
- Inc. (PHI), and The Santa Cruz Operation (SCO).
-
- In particular, it was conceived by Jon Payne (PHI), and Doug Michels
- (SCO) while in a meeting discussing potential uses for the
- ``Information Super-Highway.''
-
- The idea sort of stewed for a while, until Jon contacted SCO
- Professional Services, to see if he could get some help implementing
- this idea. From there, Phil Neuman (SCO's webmaster) and Steph Marr
- (SCO chief consultant on the project) sat down to figure out if this
- scheme the bosses had cooked up was really do-able.
-
- Apparently, they decided it was.
-
- Jon provided some initial screen layouts, while Phil and Steph tried
- to figure a transaction flow that could be dealt with in HTML forms.
- Kurt Schmidt (PHI) was trying to figure out a way to interface into
- the existing SCO-based branch automation system used in Pizza Hut
- stores. Kurt made this as painless as possible by tying into an
- existing interface used by Pizza Hut Customer Service Centers.
-
- With the initial forms done, Steph left Santa Cruz (phil was replacing
- SCO's Web Server with a new system at the time), and went to Wichita
- to work on integration with Kurt and PHOEBE (the Pizza Hut Order Entry
- Back End) and to help get the 56Kbps Alternet link to the Internet up
- and running.
-
- After a few false starts, a few hundred cups of coffee, and only a
- couple of weeks, the link was made, and the first pizza was ordered
- and delivered (to Phil in Santa Cruz) on Friday, 12 August, 1994.
-
- The system is now in pilot test within Santa Cruz; given that it is
- successful there, it will become available for use throughout
- Cyberspace where ever Pizza Hut stores are within delivery distance.
-
- Pizza in Cyberspace.
-
- Well, if you're going to have food here, it might as well be Pizza.
-
- Sorry, there's no beer. :-)
-
- PizzaNet Services / Pizza Hut Inc. / webmaster@PizzaHut.COM
-
- ------------------------------
-
- Date: Fri, 16 Sep 1994 14:06:07 EST
- From: Marc Rotenberg <rotenberg@WASHOFC.EPIC.ORG>
- Subject: File 5--One Hundred Reasons to Oppose the FBI Wiretap Bill (CPSR)
-
- ((CuD MODERATORS' NOTE: CPSR is compiling a list of reasons to oppose
- the FBI Wiretap Bill (HR 4922). CuD will reprint them periodically,
- and we produce the first three here. HR 4922 is opposed by a broad
- spectrum of organizations and citizens, because it greatly expands the
- FBI's ability to intercept electronic communications. The complete
- text of HR 4922 was reprinted in CuD 6.73).
-
- 100 Reasons to Oppose the FBI Wiretap Bill
-
- REASON 2: The Constitution protects the right of privacy, not the use
- of wiretap.
-
- Privacy is a Constitutional right. The Fourth Amendment protects
- privacy and the right of individuals to be free from unreasonable
- search and seizure. Wiretapping is permitted by federal statute only
- in narrow circumstances. It has no Constitutional basis. Congress
- could outlaw all wiretapping tomorrow if it chose to do so, but it
- could not easily repeal the Fourth Amendment.
-
- REASON 21: The wiretap bill mandates new technologies for data
- surveillance
-
- The wiretap bill says that "a telecommunications carrier shall
- ensure that it can enable government access to call-identifying
- information." This is the first time the U.S. government has
- required by law that communications networks be designed to
- facilitate electronic data surveillance. Telecommunications
- firms, equipment manufacturers, and those who work in the hi-tech
- industry face a legal obligation to design networks for electronic
- monitoring.
-
- REASON 60: The bill contains no provisions to protect the
- confidentiality of telephone toll records.
-
- Tens of thousands of telephone toll records are obtained each year
- by subpoena. This process which allows the government to gather
- private records from the telephone companies by simply signing a
- statement effectively endruns the Fourth Amendment premise that a
- judge must first decide if the search is reasonable. Experts on
- wiretap law believe that stronger protections for telephone toll
- records should be a top priority if the federal wiretap law is to be
- amended. This issue is no where addressed in the legislation now
- pending in Congress.
-
- ==================
-
- What To Do: Fax Rep. Jack
- Brooks (202-225-1584). Express your concerns about the FBI Wiretap
- proposal.
- ============================
- ((100 Reasons is a project of the Electronic Privacy Information
- Center (EPIC) in Washington, DC. For more information:
- 100.Reasons@epic.org))
-
- ------------------------------
-
- Date: Thu, 13 Aug 1994 22:51:01 CDT
- From: CuD Moderators <tk0jut2@mvs.cso.niu.edu>
- Subject: File 6--Cu Digest Header Information (unchanged)
-
- Cu-Digest is a weekly electronic journal/newsletter. Subscriptions are
- available at no cost electronically.
-
- CuD is available as a Usenet newsgroup: comp.society.cu-digest
-
- Or, 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, USA.
-
- 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
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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;
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-
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-
- 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
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- responsibility for ensuring that articles submitted do not
- violate copyright protections.
-
- ------------------------------
-
- End of Computer Underground Digest #6.83
-