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-
- Computer underground Digest Sun Feb 5, 1995 Volume 7 : Issue 09
- 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
- Copy Icecreamer: B. Robbins
-
- CONTENTS, #7.09 (Sun, Feb 5, 1995)
-
- File 1--Libel & Defamation in the Information Age (fwd)
- File 2--CFP'95 Program/Registration Information
- File 3--New Draft of Telcom Bill Out
- File 4--NIST Mugshot ID database - thousands cataloged on CD
- File 5--Update on "Ethics & Privacy on the Internet" Survey
- File 6--Cu Digest Header Information (unchanged since 25 Nov 1994)
-
- CuD ADMINISTRATIVE, EDITORIAL, AND SUBSCRIPTION INFORMATION APPEARS IN
- THE CONCLUDING FILE AT THE END OF EACH ISSUE.
-
- ----------------------------------------------------------------------
-
- Date: Thu, 12 Jan 1995 22:23:45 -0600 (CST)
- From: Avi Bass <te0azb1@corn.cso.niu.edu>
- Subject: File 1--Libel & Defamation in the Information Age (fwd)
-
- Reply to: Discussion List for Journalism Education <JOURNET@QUCDN.BITNET>
- Date--Tue, 10 Jan 1995 09:55:09 EST
- From--"Eric J. Eden" <R3EJE@AKRONVM.BITNET>
-
- I thought this article might be interesting for some members on this list
-
- Eric Eden
- r3eje@vm1.cc.uakron.edu
- EricEden@aol.com
-
- --------------------------------------------------------------
- Libel & Defamation in the Information Age
- By Eric Eden
-
-
- On the Internet, where abnormal behavior is the status quo, tempers
- can flare in the heat of debate and word wars can last for days or
- even weeks. It's not uncommon for users to ridicule, harass or insult
- those who disagree with them.
-
- But if you damage someone's reputation by trying to embarrass them in
- a public forum, you could be sued for libel or defamation. After all,
- there's no reason to assume that the messages you send through
- cyberspace are immune from lawsuits.
-
- "The Internet culture right now is for users to refute speech with
- speech," says Dave Marburger, the attorney who represented Brock Meeks
- in one of the first defamation lawsuits in the United States involving
- the Internet. "But as the Internet culture gets more diverse, users
- will start refuting speech with lawsuits."
-
- There have only been a handful of libel and defamation lawsuits filed
- involving the Internet so far, but as the Net grows, the number of
- lawsuits will probably increase. If the few court battles that have
- been decided involving libel and defamation on the Net are any
- indication of how the law will be applied to the Internet in the
- future, it's worth your time to learn what's libelous or defamatory on
- the Internet and what's not.
-
- Other users have the right to sue you for defamation if they can prove
- you damaged their reputation or good name with false information. You
- can be sued for libel if another user can prove you have distributed
- defamatory statements about them in a public area -- such as a news
- group or mailing list.
-
- In April of 1993 Gil Hardwick, an anthropologist in Australia, was
- ordered by the Australian Supreme Court to pay David Rindos $40,000 in
- damages because he defamed Rindos on an international mailing list.
-
- After Rindos lost his job at the University of West Australia,
- Hardwick posted a message on an international disscussion group that
- suggested Rindos was fired because he was a bully and had sexually
- molested a local boy.
-
- Rindos filed a defamation lawsuit against Hardwick because he felt the
- message had hurt his chances of finding a new job. In a letter to
- Rindos's attorney, Hardwick wrote "Let this matter be expedited and
- done with....I can do nothing to prevent it, lacking any resources
- whatsoever to defend myself." Like most people, Hardwick didn't have
- the money to hire a lawyer or finance an expensive legal battle.
-
- "He (Rindos) suffered a great deal of personal hurt because of the
- message," said Supreme Court Justice David Ipp in the West Australian.
- "The damages award must compensate him and vindicate his reputation to
- the public."
-
- The Internet is an informal forum and people often write personal things
- about other users, but you can be held accountable in court for making
- libelous or defamatory remarks in public forums just like Hardwick was.
-
- "We know that as the Internet grows, there will be more and more
- lawsuits involving libel and defamation," says attorney David H.
- Donaldson, editor of Legal Bytes, an electronic magazine that
- discusses legal issues involving computers and networking. "The only
- question is if the number of cases will grow steadily or if there will be
- an explosion of lawsuits all at once."
-
- Anybody can sue you for libel or defamation if they think you damaged
- their reputation, but if you can prove what you say is true, chances are
- that you won't end up in court.
-
- "Make it clear when you are stating your opinion," says Donaldson,
- "Always state the facts that your opinions are based on just to be safe.
- You probably won't lose a libel or defamation lawsuit if you can back up
- what you write with solid facts."
-
- For example, Brock Meeks, a full-time journalist who also distributes his
- own electronic magazine, avoided losing a defamation lawsuit largely
- because he could prove an article that he sent over the Net was true.
-
- Meeks was sued by Suarez Corporation Industries in April of 1994 for
- writing an investigative story about the company and its services in his
- electronic newsletter -- the CyberWire Dispatch. Meeks had no libel
- insurance, no publishing company backing him up and a lot of legal
- fees to cover. (His lawyer charged him $200 an hour.) The only thing
- Meeks had was his house -- and he didn't want to sell it to pay off a
- lawsuit.
-
- Meeks defended his article in numerous posts on the Net, "All of my
- facts were rock solid. Although the article was delivered with a fair
- amount of attitude, I don't believe that I'm in dangerous waters," he
- wrote.
-
- Benjamin Suarez, owner of Suarez Corp., filed the suit because he felt
- that Meeks had damaged his reputation and hurt his business by
- saying he was "infamous for his questionable direct marketing scams,"
- and saying "he (Suarez) has a mean streak." To back up his opinion,
- Meeks cited accusations made by the Washington state attorney
- general's office concerning Suarez's direct marketing practices.
-
- In August of 1994 Suarez Corp. made Meeks an offer he couldn't
- refuse. They agreed to settle the case for $64 -- to cover
- administrative court costs. The company refused to comment on why
- they agreed to settle the lawsuit.
-
- If the case had gone to trial, Meeks's lawyer thinks Meeks would have
- been able to win anyway. "The defendants in libel or defamation suits
- involving the Internet have enhanced First Amendment rights," says
- Marburger. "The plaintiff has to prove actual malice. In other words,
- the plaintiff has to show that the defendant made false statements or
- was negligent." Marburger's only regret is that they didn't get to set
- that precedent in court.
-
- Although the Meeks case doesn't really mean anything in the law
- books, it does show that if you're responsible and can prove what you
- write on the Net is true, people will be less likely to take you to court. If
- you just make something up and your sources aren't reliable, you could
- lose big like Hardwick did.
-
- "You have to follow the same rules that journalists do if your going to
- write and distribute controversial material about other people," says
- Donaldson.
-
- The increasingly common phenomenon of online forums creates the
- possibility for you to reach large audiences, but it also creates the
- ability for you to commit defamation or libel -- something that an
- ordinary citizen didn't have to worry about in the past. Before the
- growth of online communication, people who didn't work in the media
- usually didn't have to worry about libel or defamation. "Libel laws apply
- to the Internet the same way they do to newspapers and TV stations,"
- explains former Federal Communications Commissioner Nicholas
- Johnson, a professor at the Iowa University school of law. "The same
- technology that gives you the power to share your opinion with
- thousands of people also qualifies you to be a defendant in a lawsuit."
-
- Like a newspaper or TV station, you are responsible for making sure
- the material you distribute -- or broadcast -- over the Internet is not
- libelous or defamatory. Lani Teshia-Miller never meant to defame
- anyone, but when she took over the distribution of a tattoo FAQ she
- almost ended up in court. The rec.arts.bodyart FAQ she inherited
- contained a lot of generalizations based on contributions from
- unattributed sources. Although she listed her name on the FAQ, she
- didn't edit out several defamatory statements. One review of a San
- Francisco tattoo artist in the FAQ said, "He's getting old and having
- problems with his eyesight. His quality is really bad and he hurts
- people."
-
- After the artist hired a lawyer and threatened to sue, Teshia- Miller
- changed the FAQ's wording to reflect a more factually-based and
- less-hysterical view. The review now says, "His eyesight is not what it
- used to be."
-
- After the FAQ was changed and Teshia-Miller apologized, the artist
- dropped the lawsuit. "It turned out to be a good experience for me,"
- said Teshia- Miller. "I'm a lot more careful about what I allow on the
- artist list, and I now have a very long disclaimer at the beginning of the
- FAQ."
-
- Every person you write something negative about won't sue you for
- defamation or libel, they might flame you or just try to set the record
- straight by replying to the message. But if you post false information
- about another user and disgrace them in public, they have the right to
- take you to court -- and they could win a big settlement if they can
- prove you were negligent.
-
- Medphone, a Fortune 500 company that manufactures medical
- instruments, has filed a $200 million lawsuit against Prodigy user Peter
- DeNigis. Medphone filed a "systematic program for defamation and
- trade disparagement" lawsuit against DeNigis after a stockholder
- reported that he was making several negative posts about Medphone a
- day on Prodigy's Money Talk Forum. DeNigis, a former Medphone
- stockholder, lost more than $9,000 last year by selling off his
- investment in the company. In one post DeNigis wrote, "My research
- indicated the company is really having a difficult time. No case, no
- sales, no profits and terrible management. This company appears to be
- a fraud. Probably will cease operations soon."
-
- Although the accusation that Medphone is a "fraud" is very serious --
- and potentially defamatory -- DeNigis might be able to win the lawsuit if
- he can prove what he wrote is true in court.
-
- "The Medphone case is a clear indication that libel and defamation is
- something for Internet users to think about," says Johnson.
-
- There are court cases in progress right now that will decide if access
- providers such as Prodigy, America Online and Compuserve are
- responsible for defamatory remarks broadcast over their services, but
- there is no legal ambiguity about whether individual users can be sued
- for making defamatory or libelous statements. Individual users are
- responsible for making sure the information they distribute is not
- libelous or defamatory.
-
- The Internet has made world wide, instantaneous communication easy.
- The average user now has the power to be heard by hundreds or even
- thousands of other users, but in terms of libel and defamation, the Net
- is not a new world of freedom. The reality is that libel and defamation
- laws are enforceable in the virtual world just like they are in the real
- world.
-
- # # #
-
-
- You may distribute this article freely for non-profit purposes. Otherwise
- contact the author (Eric Eden -- R3eje@vm1.cc.uakron.edu) for reprint
- permission.
-
- ------------------------------
-
- Date: Tue, 10 Jan 1995 10:47:24 -0600
- From: Henry Itkin <Henry.Itkin@UNI.EDU>
- Subject--Re: Libel & Defamation in the Information Age
-
- Several clarifications are needed and will, I think, ease people's minds a bit.
-
-
- Eric Eden r3eje@vm1.cc.uakron.edu wrote, in part:
-
- > Libel & Defamation in the Information Age
- > By Eric Eden
- >
- > Other users have the right to sue you for defamation if they can prove
- > you damaged their reputation or good name with false information.
-
- Absolutely right. It is the _plaintiff_ who must prove that a wrong has been
- done. See further mention below.
-
- > You can be sued for libel if another user can prove you have distributed
- > defamatory statements about them in a public area -- such as a news
- > group or mailing list.
-
- Partially right. The post need _not_ be in a "public" area, however. You can
- libel someone through private e-mail. If even _one person_ (beyond the
- defendant and the plaintiff) is exposed to the defamatory statement, a libel
- may have occurred.
-
- > Anybody can sue you for libel or defamation if they think you damaged
- > their reputation, but if you can prove what you say is true, chances are
- > that you won't end up in court.
-
- ...
-
- > For example, Brock Meeks, a full-time journalist who also distributes his
- > own electronic magazine, avoided losing a defamation lawsuit largely
- > because he could prove an article that he sent over the Net was true.
-
- As noted above, this is technically incorrect. The defendant does _not_ have
- to prove that the statement was true. Instead the plaintiff must prove it was
- _false_. There's a big difference. For one thing, if a lawsuit is truly
- groundless, then the defendant isn't required to say anything in court.
- Lacking proof of falsity, the lawsuit is dismissed.
-
-
- > "The defendants in libel or defamation suits
- > involving the Internet have enhanced First Amendment rights," says
- > Marburger. "The plaintiff has to prove actual malice. In other words,
- > the plaintiff has to show that the defendant made false statements or
- > was negligent."
-
- This really muddies an already-difficult concept. For now, let's just say
- that how much "fault" the plaintiff has to show on the part of the defendant
- depends on how "public" a figure the plaintiff is
- determined (by the court) to be. If plaintiff is ruled a "public" person, then
- in most states, the defendant will have a somewhat easier time of it.
-
- Best to all.
-
- Hank Itkin (itkin@uni.edu)
- University of Northern Iowa
-
- ------------------------------
-
- Date: Wed, 11 Jan 1995 10:41:11 EST
- From: Eric Eden <R3EJE@AKRONVM.BITNET>
- Subject--Re: Libel & Defamation in the Information Age
-
- On Tue, 10 Jan 1995 10:47:24 -0600 Henry Itkin said:
-
- >> Libel & Defamation in the Information Age
- >> By Eric Eden
- >>
- >> Other users have the right to sue you for defamation if they can prove
- >> you damaged their reputation or good name with false information.
- >
- >Absolutely right. It is the _plaintiff_ who must prove that a wrong has been
- >done. See further mention below.
- >
- >> You can be sued for libel if another user can prove you have distributed
- >> defamatory statements about them in a public area -- such as a news
- >> group or mailing list.
- >
- >Partially right. The post need _not_ be in a "public" area, however. You can
- >libel someone through private e-mail. If even _one person_ (beyond the
- >defendant and the plaintiff) is exposed to the defamatory statement, a libel
- >may have occurred.
-
- Yes. Libel could occur through private e-mail but the fact that it is
- Private makes it a weaker case. Most of the cases to date revolve around
- messages that have been posted in public forums on Compuserve and Prodigy or
- on mailing lists.
-
-
- >> Anybody can sue you for libel or defamation if they think you damaged
- >> their reputation, but if you can prove what you say is true, chances are
- >> that you won't end up in court.
- >
- >...
- >
- >> For example, Brock Meeks, a full-time journalist who also distributes his
- >> own electronic magazine, avoided losing a defamation lawsuit largely
- >> because he could prove an article that he sent over the Net was true.
- >
- >As noted above, this is technically incorrect. The defendant does _not_ have
- >to prove that the statement was true. Instead the plaintiff must prove it was
- >_false_. There's a big difference. For one thing, if a lawsuit is truly
- >groundless, then the defendant isn't required to say anything in court.
- >Lacking proof of falsity, the lawsuit is dismissed.
-
- The legal experts I interviewed for this story felt that even though the burden
- of proof is on the plaintiff's shoulder, defendants are less likely to lose
- in court if they can prove what they said is true. Especially if the plaintiff
- does have some evidence. If a plaintiff knows the defendant can prove what he
- or she wrote was true they will probably settle or drop the case.
-
- My personal opinion is that you should be able to prove -- beyond a reasonable
- doubt -- that what you write is true. If you can't prove it, you should do
- some more research or ommit the statement. Not only for ethical reasons but
- also because when your giving information to a large audience you should be
- sure what you are writing is true. However, technically you are correct.
-
- >> "The defendants in libel or defamation suits
- >> involving the Internet have enhanced First Amendment rights," says
- >> Marburger. "The plaintiff has to prove actual malice. In other words,
- >> the plaintiff has to show that the defendant made false statements or
- >> was negligent."
- >
- >This really muddies an already-difficult concept. For now, let's just say
- >that how much "fault" the plaintiff has to show on the part of the defendant
- >depends on how "public" a figure the plaintiff is
- >in most states, the defendant will have a somewhat easier time of it.
-
- The public figure issue is very complex and that's why I decided not
- to tackle it in this story. However, I do believe that Marburger's
- statement is correct.
-
- Thanks for your honest critique,
-
- Eric Eden
- r3eje@vm1.cc.uakron.edu
- EricEden@AOL.COM
-
- ------------------------------
-
- From: Carey Heckman <ceh@LELAND.STANFORD.EDU>
- Subject: File 2--CFP'95 Program/Registration Information
- Date: Sun, 5 Feb 1995 09:11:31 -0800 (PST)
-
- The Fifth Conference on Computers, Freedom and Privacy
-
- Sponsored by: * ACM SIGCOMM, SIGCAS, SIGSAC, and
- * Stanford Law School
-
- 28 - 31 March 1995
- San Francisco Airport Marriott Hotel
- Burlingame, California
-
- CONNECT WITH OTHERS WHO ARE DETERMINING HOW COMPUTERS AND TELECOMMUNICATIONS
- WILL AFFECT YOUR FREEDOM AND PRIVACY...
-
- JOIN US AT CFP'95.
-
- We have reached the crossroads of the Information Age.
-
- No longer is the electronic frontier inhabited solely by a small band of
- technical pioneers sharing a common code of conduct. Computer and
- telecommunications technologies have become part of mainstream living,
- conversation, and politics. These changes compel us to reexamine the
- definition of our rights and the processes by which those rights are being
- defined.
-
- The Fifth Conference on Computers, Freedom and Privacy will assemble experts,
- advocates and interested people from a broad spectrum of disciplines and
- backgrounds in a balanced public forum to explore and better understand the
- definition of our rights at this crossroads.
-
- Participants will include people from the fields of computer science, law,
- business, research, information, library science, health, public policy,
- government, law enforcement, public advocacy, and many others.
-
- Featured speakers include:
-
- John P. Morgridge, Chairman, Cisco Systems
- Esther Dyson, Release 1.0/EDVenture Holdings, Inc.
- Roger W. Wilkins, Professor of History and American Culture at George
- Mason University and commentator, National Public Radio
- Margaret Jane Radin, Professor of Law, Stanford University
- Willis H. Ware, RAND
-
- Some of the topics in the CFP'95 program include:
-
- FREEDOM AND RESPONSIBILITY OF ELECTRONIC SPEECH -- Exploring recent
- controversies in online free speech, including a Socratic forum
- that will ask whether the Constitution can indeed be viewed through a
- technologically transparent lens.
-
- HIS MASTER'S VOICE... -- Probing the future for "net propaganda" from
- governments, government officials, and politicians, and who will pay
- so whose message will get to whom.
-
- STUDENT DATABASES: FOR EDUCATION AND FOR LIFE? -- Looking at how gaining the
- benefits of nationwide information about K-12 students could also spell
- serious privacy problems.
-
- CAN THE NET SURVIVE COPYRIGHT? CAN COPYRIGHT SURVIVE THE NET? -- Delving
- into the controversies surrounding copyright protection that throttles
- freedoms and copyright protection that protects just rewards for creativity.
-
- INTELLIGENT TRANSPORTATION SYSTEMS: PAVING OVER PRIVACY -- Examining the
- privacy implications of tracking and surveillance technologies now being
- planned for vehicles and roadways nationwide.
-
- "IT OUGHTA BE A CRIME..." -- Debating with law enforcement representatives
- about who should set the rules for governing the net and when should bad
- manners become a crime.
-
- WHEN DO THEY NEED TO KNOW 'WHODUNNIT'? -- Discussing the right time and
- places for identified, anonymous, and pseudonymous transactions.
-
- TRANSACTION RECORDS IN INTERACTIVE SERVICES: WHO WATCHES THE SERVERS? --
- Looking at the issues raised by the collection of personal information
- as part of the new interactive home entertainment, telecommunications,
- and online services.
-
- DEFINING ACCESS PARADIGMS: LIBRARIES, RURAL AREAS, AND INTERNATIONAL
- ASPECTS -- Evaluating the differing models of "open access" to Internet and
- computer-mediated communications in the library, rural, and lesser-developed
- country contexts.
-
- THE CASE AGAINST COMPUTERS: A SYSTEMIC CRITIQUE -- Daring to discuss whether
- computers may be doing our world more harm than good.
-
- A NET FOR ALL: WHERE ARE THE MINORITIES? -- Examining how and to what degree
- minority groups participate on the net and asking whether social class is
- relevant to net participation or non-participation.
-
- WHO OWNS THE LAW? -- Reviewing the debate over legal citation form and online
- databases, and what it means to all of us.
-
- CAN WE TALK LONG-DISTANCE? REMOVING IMPEDIMENTS TO SECURE INTERNATIONAL
- COMMUNICATIONS -- Covering export and import controls, outright prohibitions,
- and other technical and policy obstacles to secure international
- communications.
-
- The Fifth Conference on Computers, Freedom, and Privacy will also offer a
- number of in-depth tutorials on subjects including:
-
- * Inside Washington: The New Congress and Secrets of Advocacy
- * National ID Card Initiatives
- * The Law of Fundamental Rights for Non-Lawyers
- * Everything You Need to Know to Argue About Cryptography
- * Digital Activism
- * Inside the World of Law Enforcement
- * Intellectual Property for the Information Age
-
- FOR MORE INFORMATION ABOUT CFP'95:
-
- Web: http://www-techlaw.stanford.edu/CFP95.html
- Gopher: gopher://www-techlaw.stanford.edu/CFP95
- FTP: ftp://www-techlaw.stanford.edu/CFP95
- Email: Info.CFP95@forsythe.stanford.edu
- Fax: (415) 548-0840
- Call: (415) 548-9673
-
-
- REGISTRATION
-
-
- Please register for the conference by returning the conference
- registration form along with the appropriate payment by any
- method listed below. The registration fee includes conference
- materials, three luncheons (Wednesday, Thursday, and Friday), two
- banquets (Wednesday and Thursday) and evening receptions
- (Tuesday, Wednesday, and Thursday).
-
- Registration Fees are:
-
- If mailed by: February 24 March 14 after 14 March
-
- Conference Fees $335 $395 $445
- Tutorial Fees: $155 $185 $220
-
- Registration is limited to 550 participants, so register early
- and save!
-
- By Mail: By Fax:
- (with Check or Credit Card) (with Credit Card only)
- CFP'95 Registration Send Registration Form
- P.O. Box 6657 (415) 548-0840
- San Mateo, CA 94403 Available 24 hours
-
- By Phone: By Email (at your own risk*):
- (with Credit Card only) (with Credit Card only)
- (415) 548-0840 Register.CFP95@forsythe.stanford.edu
- 9 am to 5 pm Pacific Time
-
- * Information for sending a PGP-encrypted registration available at
- http://www-techlaw.stanford.edu/CFP95.html and
- ftp://www-techlaw.stanford.edu/CFP95.
-
- CFP'95 Scholarships:
- The Fifth Conference on Computers, Freedom and Privacy will provide a limited
- number of full registration scholarships for students and other interested
- individuals. These scholarships will cover the full costs of registration,
- including three luncheons, two banquets, and all conference materials.
- Scholarship recipients will be responsible for their own lodging and travel
- expenses. Persons wishing to apply for one of these fully-paid registrations
- should contact CFP'95 Student Paper and Scholarship Chair, Gary Marx at:
- Gary.Marx@colorado.edu or call (303) 492-1697.
-
- Hotel Accommodations:
- The Fifth Conference on Computers, Freedom and Privacy will be held at the San
- Francisco Airport Marriott Hotel in Burlingame, CA. This facility is spacious
- and comfortable, and is easily accessible from the airport and surrounding
- cities. Because of the intensive nature of the conference, we encourage our
- attendees to secure their lodging at the conference facility. Special
- conference rates of $99/night, single or multiple occupancy, are available.
-
- *************************************************************************
- * Our room block is limited and these conference rates are guaranteed *
- * only until February 17,1995, so we urge you to make your reservations *
- * as early as possible. *
- *************************************************************************
-
- After February 17 but before March 15, the special conference rate will be
- $110/night, single or multiple occupancy. When calling for reservations,
- please be sure to identify the conference to obtain the conference rate.
- Hotel Reservations: (415) 692-9100 or (800) 228-9290 or fax (415) 692-8016.
-
- Official Airlines:
- Special convention airfare discounts have been arranged on American and United
- Airlines. Bungey Travel, (800) 286-4391 or (415) 325-5686 or fax (415) 321-
- 5309, will be happy to assist you in any manner. Please identify yourself as
- attending the Computers, Freedom, and Privacy Conference and you will
- automatically receive a 5% discount off nonrefundable discounted US tickets or
- 10% off of all unrestricted US coach fares.
-
- ------------------------------
-
- Date: Fri, 3 Feb 1995 18:21:28 CST
- From: Vigdor Schreibman - FINS <fins@ACCESS.DIGEX.NET>
- Subject: File 3--New Draft of Telcom Bill Out
-
- =================================================================
- FINS SPECIAL REPORT February 1, 1995
- ==================================================================
-
- NEW DRAFT OF TELCOM BILL OUT
- No "Steamroller" In Sight But the "Monster Model" is Alive
-
- Washington, DC--The new draft of telecommunications legislation, the
- "Telecommunications Competition and Deregulation Act of 1995," was
- released at a press conference by this morning (Feb 1, 1995), by Sen.
- Larry Pressler (R-SD), chairman of the Senate Committee on Commerce,
- Science, and Transportation. It may come as a non-surprise to some...
- the draft bill does not have a steamroller attached in any fashion,
- contrary to the prediction from telco whiz kid Dave Farber, which went
- surfing around the Net--without any confirmed source of information last
- month. The Vice President and democratic members of Congress have been
- informed of the draft and are expected to make additions and suggestions,
- according to the chairman.
-
- * There is a "universal service" provision, which the chairman
- reluctantly conceded, "the people want."
-
- * There are procompetitive provisions that byte hard on the RBOCs if they
- try to freeze out competitors with their monopoly power. This includes:
-
- * a fine of $1,000,000 for each and every "willful failure to
- comply with the terms of an interconnection agreement;
-
- * a fine of up to $500,000,000 against any Bell operating
- company that "willfully, knowingly, and without reasonable cause
- fails to implement the interconnection requirements ... more than
- 3 years after enactment of the [act];
-
- * a fine of $250,000,000 for each offense arising in "any pattern of
- willful noncompliance with those [interconnection] requirements as
- demonstrated by the failure to meet those requirements in any
- successive 3-month period beginning more than 3 years after
- [enactment].
-
- * There will be a gold mine in "cream skimming" filling the treasuries of
- corporate centers of power, at the expense of local ratepayers, moving
- tens of billions of dollars annually from the latter to the former and
- further exacerbating the obscene wealth of the top 100,000 families that
- already own most of the private wealth in the United States.
-
- * There will be a "monster model" of telecommunications combining conduit
- and content, with all the worst possible consequences for diversity of
- information sources as the trillion dollar financial reach of the telco's
- gobble up or beat into oblivion everyone in sight.
-
- * There is no attention to the needs of society disregarded by the
- marketplace and the predator telco industry.
-
- * There is no attention to the needs of handicapped people, although the
- chairman said this was more the result of timing, and provisions will be
- added later.
-
- What this proposal will do, according to chairman Presser is:
-
- * Provide "freedom of choice" among competing firms [who are
- [allowed to stay in business by the grace of the lords of
- cyberspace]
-
- * Provide "freedom of choice" among cable services, including
- phone companies in competition with traditional cable firms
- [if they choose to compete with each other. In fact, Bell
- Atlantic has already announced its intention to lease the
- cable company lines to avoid both the investment and the
- competition ] [Wired, Feb 1995]
-
- * Provide "freedom of choice" among electric utility firms to
- provide telephone, cable or other telecommunications
- services [an idea floating around somewhere somehow]
-
-
- Speaker Newt Gingrich and the democrats have yet to add their full
- measure of "telco feudalism," to this legislative package.
-
- ------------------------------
-
- Date: Thu, 2 Feb 1995 21:25:58 -0500 (EST)
- From: Stanton McCandlish <mech@EFF.ORG>
- Subject: File 4--NIST Mugshot ID database - thousands cataloged on CD
-
- [This is just an informational forward, and does not represent
- official EFF positions or statements in any way. NOTE: I'm not the
- original author of this so please look at the original headers
- carefully if you mean to reply to him/her.]
-
- Date--Wed, 1 Feb 95 13:39:32 EST
- From--Craig Watson <craig@magi.ncsl.nist.gov>
- Subject--Mugshot Identification Database
-
- National Institute of Standards and Technology
- announces the release of
- NIST Special Database 18
- Mugshot Identification Database (MID)
-
-
- NIST Special Database 18 is being distributed for use in development and
- testing of automated mugshot identification systems. The database consists
- of three CD-ROMs, containing a total of 3248 images of variable size,
- compressed with lossless compression. Each CD-ROM requires approximately
- 530 megabytes of storage compressed and 1.2 gigabytes uncompressed
- (2.2 : 1 average compression ratio). There are images of 1573 individuals
- (cases), 1495 male and 78 female. The database contains both front and
- side (profile) views when available. Separating front views and profiles,
- there are 131 cases with two or more front views and 1418 with only one
- front view. Profiles have 89 cases with two or more profiles and 1268 with
- only one profile. Cases with both fronts and profiles have 89 cases with
- two or more of both fronts and profiles, 27 with two or more fronts and
- one profile, and 1217 with only one front and one profile. Decompression
- software, which was written in C on a SUN workstation [1], is included
- with the database.
-
-
- NIST Special Database 18 has the following features:
-
- + 3248 segmented 8-bit gray scale mugshot images (varying sizes)
- of 1573 individuals
- + 1333 cases with both front and profile views (see statistics above)
- + 131 cases with two or more front views and 89 cases with two or
- more profiles
- + images scanned at 19.7 pixels per mm
- + image format documentation and example software is included
-
-
- Suitable for automated mugshot identification research, the database can be used
- for:
-
- + algorithm development
- + system training and testing
-
-
- The system requirements are a CD-ROM drive with software to read ISO-9660
- format and the ability to compile the C source code written on a SUN
- workstation [1].
-
- Cost of the database: $750.00.
-
- For ordering information contact:
-
- Standard Reference Data
- National Institute of Standards and Technology
- Building 221, Room A323
- Gaithersburg, MD 20899
- Voice: (301) 975-2208
- FAX: (301) 926-0416
- email: srdata@enh.nist.gov
-
- All other questions contact:
- Craig Watson
- craig@magi.ncsl.nist.gov
- (301)975-4402
-
-
- [1] The SUN workstation is identified in order to adequately specify or
- describe the subject matter of this announcement. In no case does
- such identification imply recommendation or endorsement by the
- National Institute of Standards and Technology, nor does it imply
- that the equipment is necessarily the best available for the purpose.
-
- ------------------------------
-
- Date: Fri, 03 Feb 1995 10:12:26 -0700
- From: Urs Gattiker <GATTIKER@CETUS.MNGT.ULETH.CA>
- Subject: File 5--Update on "Ethics & Privacy on the Internet" Survey
-
- Dear Netter
-
- About 8 months ago a survey on ETHICS AND PRIVACY ON THE INTERNET was
- mailed through this NetWork to you and many others. The data we have
- gathered has been analyzed and one of the reports materialising from
- it is mentioned below. If you are interested in a complete copy,
- please feel free to drop me a line and again, thanks for your
- cooperation and help.
-
- The program on ETHICS AND PRIVACY ON THE INTERNET is continuing and a
- new survey assessing additional issues as well as regulation,
- cryptography and cyberspace is in the final stages of the development.
-
-
- Cordially
-
- Urs E. Gattiker
-
- MORALITY AND TECHNOLOGY, OR
-
- IS IT WRONG TO USE A SELF-MADE ENCRYPTION DEVICE, AND
-
- CREATE OR LET LOOSE A COMPUTER VIRUS?
-
-
- Urs E. Gattiker
- Helen Kelley
- Centre for Technology Studies,
- The University of Lethbridge, CANADA
-
-
-
-
-
- Abstract
-
-
- Stories about computer-related actions (e.g., placing a document about
- how a computer virus works on an electronic network/bulletin board)
- were presented to users. Data indicate that women end-users compared
- to men have a less libertarian sense of what is right and wrong; as
- well, younger respondents are more libertarian than their older
- compatriots. Data also indicate that participants are less likely to
- endorse civil liberties and more concerned about the harm and
- violations of social norms when the scenario describes a context-
- specific situation. How users act, feel and respond toward computer-
- mediated behaviours and actions raise questions for researchers and
- policy makers. For example, how do researchers and policy makers
- maintain and protect the privacy of individuals, and at the same time
- ensure moral conduct by end-users who enjoy using the electronic
- highway. Suggestions are made for developing theoretical models of
- moral judgment in the cyberspace domain as well as policy (e.g., U.S.
- Clipper chip debate).
-
-
- Published reports of some of our findings can be found in:
-
- Gattiker, U. E., & Kelley, H. (1994). Techno-crime and terror
- against tomorrow's organisation: What about cyberpunks. E.
- Raubold and K. Brunnstein (Eds)., Proceedings of the 13 World
- Computer Congress -- IFIP Congress '94, Hamburg (pp. 233-240).
- Amsterdam: Elsevier Science Publishers.
-
- Gattiker, U. E., & Kelley, H. (1995). Morality and Technology, or is
- it wrong to create and let loose a computer virus. In J. F.
- Nunamaker, Jr. & R. H. Sprague (Eds.), Proceedings of the 28th
- Annual Hawaii International Conference on System Sciences 1995,
- Hamburg (pp. 563-572). Las Alamitos, CA: IEEE Computer Society
- Press.
-
- Additional papers are currently being written.
-
- ------------------------------
-
-
- ------------------------------
-
- Date: Thu, 23 Oct 1994 22:51:01 CDT
- From: CuD Moderators <tk0jut2@mvs.cso.niu.edu>
- Subject: File 6--Cu Digest Header Information (unchanged since 25 Nov 1994)
-
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-
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-
- ------------------------------
-
- End of Computer Underground Digest #7.09
- ************************************
-
-