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-
- Computer underground Digest Sun Apr 16, 1995 Volume 7 : Issue 30
- ISSN 1004-042X
-
- Editors: Jim Thomas and Gordon Meyer (TK0JUT2@NIU.BITNET)
- Archivist: Brendan Kehoe
- Shadow Master: Stanton McCandlish
- Field Agent Extraordinaire: David Smith
- Shadow-Archivists: Dan Carosone / Paul Southworth
- Ralph Sims / Jyrki Kuoppala
- Ian Dickinson
- Copy Desecrator: Emo Shrdlu
-
- CONTENTS, #7.30 (Sun, Apr 16, 1995)
-
- File 1--Kevin Poulsen Sentenced to 51 Months
- File 2--When Doctors go Bad
- File 3--CDT POLICY #8 -- Leahy Introduces Alternative to CDA (fwd)
- File 4--Cu Digest Header Info (unchanged since 19 Mar, 1995)
-
- CuD ADMINISTRATIVE, EDITORIAL, AND SUBSCRIPTION INFORMATION APPEARS IN
- THE CONCLUDING FILE AT THE END OF EACH ISSUE.
-
- ---------------------------------------------------------------------
-
- Date: Thu, 13 Apr 1994 11:19:03 CST
- From: CuD Moderators <cudigest@mindvox.phantom.com>
- Subject: File 1--Kevin Poulsen Sentenced to 51 Months
-
- National Public Radio reported this past week that Kevin Poulsen was
- sentenced in federal court in Los Angeles to 51 months in prison, a
- new record for "hacking" crimes. Poulsen was also orded to pay
- $58,000 in restition for rigging the telephones of Los Angeles radio
- stations to win prizes that included cash and a Porsche automobile.
-
- Poulsen still faces federal charges for alleged espionage.
-
- ------------------------------
-
- Date: Wed, 12 Apr 1995 20:17:38 -0400 (EDT)
- zodiac@interlog.com . Thanx.
- Subject: File 2--When Doctors go Bad
-
- WHEN DOCTORS GO BAD
-
- One of Toronto's legendary net.ranters rants and raves about
- net.ravers and ravers
-
- by
- K.K.CAMPBELL
-
-
- Just over a year ago, TC! brought you a thrill-a-minute story I wrote
- about "Doctor"Joe Baptista -- the government-irritant who was
- mercilessly faxing-bombing [Ontario legislature] Queen's Park through
- his email-to-fax setup, supposedly ringing up $3.5 million in
- paper/administrative costs.
-
- Since then, Baptista's partner, "Doctor" Robert Riley, has led an
- attack on another front: Freedom Of Information requests. The
- provincial government actually rewrote the FOI guidelines so that no
- single person could have an excessive number of FOI requests at any
- one time. Call it the "Doctor" clause.
-
- Recently, five police chief from larger Ontario cities asked the
- Ontario government to permit them to ignore further requests from
- either Baptista or Riley -- a move which immediately interested the
- newsmedia and civil rights groups. The "Doctors" made the front page
- of the Globe and Mail [Canada's second largest daily newspaper].
-
- They call themselves "The Doctors" because Baptista says that when he
- uses the attribution, he gets better tables in restaurants. No member
- of the Doctors is a conventional doctor. (NOTE: Toronto sysadmin and
- devout Courtney Love Math Boy Ken Chasse dubbed him !Dr Baptista --
- using the programming operator !, which means "not." Thus he's
- Not-Doctor Baptista. The term !Doctors is commonly used today.)
-
- Baptista's height of Internet noteriety came when he teamed-up with
- netter Tom Evans (evans@reptiles.org). This dynamic duo grated on
- the nerves of thousands in Ontario (and beyond). The !Doctors
- practically owned newsgroup ont.general for a while. In August,
- Baptista was voted Kook Of The Month in Usenet newsgroup
- alt.usenet.kooks .
-
- But it all fell apart shortly thereafter. The two had a very public
- falling out in Usenet. Acting as a sort of !Doctor anti-matter, Evans
- mercilessly ridiculed Baptista into relative silence. To Ontario
- Usenetters, it was a rather surreal site. Today, Baptista rarely posts
- -- and when he does, Evans usually appears and roasts Baptista alive;
- in response, Baptista mumbles something like "We have nothing to say
- to you," and the thread dies.
-
- Thus ended the reign of Ontario's first (and some think greatest)
- net.loon. On the anniversary of that TC! article, I called up Tom
- Evans for an interview. Evans is editor/publisher of a net ezine
- called Net.scandal -- which chronicles the weird and wild and wacko
- aspects of the net.community. Evans is hoping to finally get some
- dedicated bandwidth he can use to provide free accounts to "wayward
- kids" -- to let them create mayhem online, not on the streets.
-
- * * * * *
-
- KKC: I must admit, Tom... last April or so, When I first saw you
- posting in ont.general, in full !Doctor mode, I thought you were a...
- you know... a fucking asshole.
-
- TE: [laughs] Ya, that's the way I came across. The Doctor thing never
- completely fit with me. I didn't know anything about netiquete. And I
- didn't give a shit about it. I'm just an outlaw from nowhere, as far
- as they knew. And I acted like an asshole. I'm the first to admit it.
-
- KKC: What drew you to Usenet?
-
- TE: I'd just stumbled out of the Fido world. I came to Usenet,
- plodding around in hipwaders in these newsgroups bellowing "HI!" -- a
- complete clueless newbie. But I watched what was going on, and some
- particular people caught my interest: the bigmouths! [grins] The ones
- causing the trouble. I could tell who was arguing a conservative
- position and who's a radical and who's just an idiot.
-
- KKC: How did you get involved with the !Doctors?
-
- TE: I was on Magic BBS one night. It uses First Class software. As I'd
- been on FidoNet, I didn't know how to parse a header to post to the
- newsgroups. Plus I was using a DOS machine that I had never used
- before. Since there's a chat feature in First Class, I saw 45 people
- on at midnight, I thought I'd ask someone for help. What name, of all
- those people, do I just happen to pick out? Robert Riley. Didn't know
- him from Adam. Complete coincidence.
-
- He says. 'Sure, what's your phone number, I'll phone you up.' He does
- and we yap away, and he finally says, 'Hey, I live just down the
- street. Want me to come over and show you how to work your machine?' I
- shrugged, sure. Drop over. I didn't know he was this major gay boy
- yet...
-
- So over he comes and sets my machine up with Q-Term and all the rest
- of it. Ran smoothly. After, he's sitting in the chair, and we talk,
- until he asks, 'Ever hear of Joe Baptista?' I said, 'God, that's
- really funny that you mention that name because I was just busting a
- gut laughing today when reading an article about this guy in Toronto
- Computes!: 'The Beast That Stalks The Government.' I had the best
- fucking laugh reading that.
-
- Rob says, 'Oh, that's us!' What'ya mean, that's us? 'We're Doctors!
- We've been doing this for quite a while.' Doing what? 'Ohh, we have
- fun. And we use fax machines...'
-
- So picture it: here I am, a complete clueless newbie, without ANY idea
- of the net, and meet these guys, who seem to be activists and have a
- beef with Canada. Rob gives me Joe's number and I phone the next day.
- We talk and swap addresses. Joe promises to drop over sometime and
- smoke a joint. Sure enough, he's there the same night. And we got
- along _famously_. We were_pals_. I supported him _completely_.
-
- KKC: You guys must have spent some nights getting high and roaring
- with laughter at the reactions from the humorless tightass
- conservatives on the net...
-
- TE: Oh God! I'd split my sides! Joe was one of the biggest sources of
- comic relief in my life! But remember, I am a naive kid from St
- Catharines who keeps forgetting there are often darker motives behind
- people's actions. I was completely bedazzled by these !Doctor guys who
- seemed to know so much. And they really stirred up the pot. As for all
- these names I kept seeing in groups like ont.general, howling about
- the horrible things the !Doctors were supposedly doing, to me they
- were just a bunch of conservative assholes in need of a good kicking
- anyway. Fuck them.
-
- My thing was reposting stuff I thought funny from other groups to
- ont.general. I didn't know anything about how threading works -- I'm
- using a First Class site, at tvo.org , right?
-
- KKC: And you thought ont.general is just some local BBS group, where
- you post anything and everything...
-
- TE: Exactly. "Here's a funny article from alt.best.of.internet ! Read
- this, gang!" Naturally, people then flamed me, saying, "Look, we can
- get this stuff by reading alt.best.of.internet ourselves, so stop
- reposting it to ont.general. Well... That just FUELLED me! [laughs] It
- made me want to do it more! And Joe was saying, 'Oh, great! Just keep
- bugging them. Do whatever you want.'
-
- KKC: You starting calling yourself "Doctor Tom Evans, PR director."
- How did that happen?
-
- TE: I proposed I be Joe's "PR manager". I mean, I got a few smarts
- going. I worked in the advertising biz for eight years. Master of
- misinformation. So I went out to Ontario newsgroups banging Joe's drum
- for him. And damned if I didn't start coming up with some fans for the
- guy! We were getting attention. Even from the media. Shift magazine
- phoned us up for an article and wanted to meet for lunch. I choose to
- have it in the cafeteria at Toronto General Hospital -- what better
- place for the Doctors, right? (Shift didnt do a story, though... I
- think they thought we were too "out there" for the Ontario General
- Arts Council, or whoever it is who funds them.)
-
- KKC: It would certainly seem that since your departure from the
- !Doctors, Baptista's star (or anti-star) set...
-
- TE: Hmmm. I think the !Doctors that to themselves. And I warned Joe
- about it. Fun is fun, but I'm a man of integrity. I won't call in the
- cops to harass people. I began to see that darker nature in him,
- threatening people on a personal level. Getting them in trouble in
- real life. I said, "Joe, that's just malicious." I'm not interested in
- destroying things or people. I'm interested in ridiculing the piss
- outta someone in Usenet, and cause them so much grief they never want
- to login again, but I'm _not_ interested in getting them into legal
- trouble with the police or disrupting their personal lives or getting
- them fired, or_anything_ like that. I don't want to take this thing
- out of cyberspace.
-
- And I don't want the police at _my_ door. I made it clear that if Joe
- was going to cause me real life grief, then I couldn't have anything
- to do with the !Doctors.
-
- Of course, the reason _Joe wanted_ to use my name and phone number as
- PR man at the bottom of his faxes and net posts was because he had to
- move back into his Mom's house. Joe is Portuguese. With some Latin
- men, the most important person in their lives is "Mom." The one thing
- you do not do is shame your mother in any way or you go straight to
- hell.
-
- Problem is: what Joe loves _most_ in life is seeing the _reaction_ to
- what he does. For him to do a fax spam, and for there not to be a
- contact number for him, is just completely pointless. What's the point
- if you can't hear the complaints?
-
- KKC: Hear the echo...
-
- TE: Ya, hear the echo. Joe tried a few fax-spams with no number at the
- bottom -- because he couldn't use _Mom's_ number, and his _own_ phone
- was cut for owing 800 beans to Ma Bell. So he wanted to start adding
- my number, since I'm the "PR guy."
-
- I said, "Joe, I'm- I'm- I'm not sure. I don't THINK so... I don't know
- if I would end up liking that." Because I'm a low-profile guy. I'm an
- eccentric that doesn't want to be in the public eye. Unless it's on my
- own terms [like the net]. I don't want someone else's publicity
- dogging me around. And I do NOT want The Steam at my front door. But I
- agreed to give it a shot and see.
-
- Well, first fax-net press release he used me on was the [member of
- provincial parliament Donald] Cousens article. Joe had some phone spat
- with Cousen's secretary. He issued a "press release" calling her a
- human larvae.
-
- KKC: That's the one where he says she's in heat...
-
- TE: Ya, that she acted like she was a 'bitch in heat.'
-
- KKC: And that's the one that got him elected KOTM.
-
- TE: Right! And damned if that isn't the first one with my name and
- phone number on the bottom as the PR Director! So MPP Cousens and 15
- other people --including the Globe and Mail -- phoned me! I sure
- didn't like the feedback from that. Cousen's secretary herself even
- called me, insisting this was hate mongering, subject to Canada's
- anti-hate laws. I got scared. That's my bottom line: I don't like
- cops, I don't like jail, I've never been in jail, and I'm never gonna
- go. So I replied I had nothing to do with it. Naturally, she asked why
- my name was on the bottom.
-
- I said: "Welllll, I'm the PR company..."
-
- She said: "Then I suggest your _company_ finds out exactly who the
- heck you are PRing."
-
- I replied: "Good point. I will. Thank you very much for calling."
-
- I phoned Joe immediately and said, "OK, that's the end of that. I'll
- let this one fly, you had fun with Cousens, fine. I don't want my name
- on any more." And, indeed, Joe stopped -- _for the moment._
-
- KKC: Until after the Doctor-Q. The trigger of your split... [NOTE: The
- "Doctor-Q" was a barbeque bash held last summer at Evans' downtown
- Toronto house. It was attended by Homolka-trial-ban-breaker Gordon
- Domm, the net's own Homolka-rumor-monger "Abdul" (abdul@io.com) and
- various other personages. It was a mellow substance-drenched event.]
-
- TE: Right. I did all the work for that party. I paid $800 to get that
- beer and food and got $725 back. In retrospect, it's real lucky that
- was ALL I lost. My fault, though. I don't blame anyone else for that.
-
- But then Joe starts bugging me for money from it, figuring I pocketed
- a profit! And then he starts demanding money, and later an
- "accounting." He didn't lift a finger for the bash. He didn't stay to
- clean up. He didn't do a frigging thing. He's a lazy pig. He's a slug.
- He's a complete slug.
-
- His excuse, of course, for being a slug is [in whining Baptista
- impersonation] "Well, I have this condition, I was hit over the head,
- and I can't remember anything..."
-
- KKC: He told me that once. _Does_ he have a "memory condition?"
-
- TE: Well... He _did_ get beat up by a landlord. But let me tell you,
- he sure knows how to remember if you owe him ten bucks from three
- months ago.
-
- KKC: He called me once saying he thought it was Monday -- it was
- Friday.
-
- TE: I think it all started as kind of a joke. But I also think people
- have the capacity to programme themselves that they actually _are_
- brain damaged if they work hard enough at work.
-
- I mean, maybe I'm wrong. But there's no big scar on his head. Not that
- I've seen. As I understand it, he just got a couple of good swats in
- the head from his landlord. No one's ever told me about "The tragic
- day Joe had to go to intensive care." I mean, the kind of memory loss
- we're talking about here suggests, to me, severe head trauma.
-
- KKC: But "brain damage" aside, you were impressed with !Dr Joe's
- ability to mercilessly irritate civil servants.
-
- TE: Oh yeah. He WAS a chartered accountant, remember. That's the
- reason he knows how to get at government. First thing you learn as an
- accountant is that paper can cost a company more than anything else.
- The administration. And that's exactly his attack. Some people think
- Joe is perceptive and remarkable and all that, Joe is just doing what
- an accountant does -- sends papers to places he knows have to file and
- respond.
-
- KKC: Bob Allisat seems to have taken up Baptista's mantle as Toronto's
- reigning net.kook. How did he fit into the !Doctors.
-
- TE: Bob was never a full Doctor, because he never really liked or
- trusted Joe. When I first saw him, Bob was on all the First Class
- BBSs. I saw him at Magic, ranting about Magic sysadmin "Merlin," how
- his stuff was being censored... or calling Matrix administrator child
- molesters or whatever. It was vicious stuff. Lamer stuff. But Bob was
- a _true_ ranter and a raver.
-
- I worked to pull all these guys together because _I love ranters_. I
- love them! [laughs] They're my entertainment! I brought Bob into the
- circle. Here I am the Net.Scandal PR man, and all these guys fit
- perfect into the net.scandal. I aimed to compile rant talent and drum
- up such a stink that something entertaining had to come of it! So I
- got Allisat on the blower and said, "We gotta meet, Bob! I like what
- you've got to say."
-
- Bob CAN write. If he got rid of his self-centred attitude -- and the
- whiney "Ohhhh, everyone is picking on me" -- he'd be a star. Another
- thing about Bob is that he never resorts to stupid threats -- like
- physical violence. Not like stupid people, like this "Alexmac" asshole
- at Internex, who threatened to have Bob's knees broken. People who
- don't have a higher education resort to violence.
-
- But Bob's whole "Captain Parkdale" thing makes me laugh -- he hasn't
- lived in Parkdale that long. And anyway, the real energy in Parkdale
- right now isn't the sad cases living on welfare, it's the booming
- artist community living at Liberty and Atlantic and King St. It's the
- highest concentration of art in the city. I used to live at King and
- Dufferin and everybody in there is a cracker artist of some sort. It's
- booming. So I told him: 'THIS is the what the new Parkdale is, not
- this idea you have for connecting all the nuts at 999 Queen.'
-
- [NOTE: Right around this time, someone from Allisat's system uploaded
- an anonymous post about a Portuguese community priest -- calling the
- priest a "Nazi, thief, child molester," etc. Baptista saw it and faxed
- it out to everyone, adding Tom Evans' home phone number on the bottom,
- implying Evans wrote it. Evans emphatically denies having anything to
- do with it.]
-
- KKC: Didn't Allisat delete you from his system? Censor you?
-
- TE: Yes, he did. Bob's biggest fear is being sued. He got rid of me at
- psc.org because he feared a big lawsuit was coming over the Portuguese
- priest thing. And at the same time, UUNet Canada had cut off
- Baptista's system. It's my opinion that Allisat put two and two
- together and figured I was going to get SO vocal over both events that
- he would get sued. So he killed me.
-
- Joe's putting my name on the bottom of that Portuguese priest story
- was as dirty as you can get. He sent it out to everyone in the friggin
- Portuguese world. I sure got lots of calls from Portuguese people.
-
- People had long been warning me: you are NEVER going to get
- government/private sponsorship for your idea of putting rebellious
- youth on the net if you have Baptista in your ranks. "You're not going
- to get it." They were right. It would never happen.
-
- KKC: Two other !Doctors -- Rob Riley and Bruce Lloyd -- tried to
- convince the police to raid and shut down Interlog Internet Services
- last September. It was personal revenge against Interlog owner Matt
- Harrop (mharrop@interlog.com), but they fooled CITY TV into thinking
- they were "caring citizens worried about child porn." Turned out they
- uploaded tons of vile material themselves.
-
- TE: Exactly. And that's the whole thing with the !Doctors. There's an
- 'honor among thieves' code in cyberspace that cannot be broken. They
- broke it. And that's why Joe and Rob are not welcome in my home
- anymore. They don't have that honor, don't even understand what it is.
- I've told them that if they could distinguish between friends and
- enemies, they'd be at the top of the charts. The real enemy isn't the
- grunt in the trench, like say [Toronto UNIX guru] Jim Mercer; the
- enemy is the overblown, overpayed, overstuffed, over-egoed politician.
-
- KKC: So you think "The Doctors" are gone for good?
-
- TE: Yes and no. Joe has almost no support from anyone in the
- net.community at all anymore. But they aren't gone. This freedom of
- information thing with the Ontario governmenthas a lot of play in it.
- The !Doctors have simply regrouped and gone quiet. That's partly why
- Joe's just shut his fat little mouth.
-
- KKC: Many people call you a "prankster." You call it irritainment, I
- believe.
-
- TE: Ya, I do. And it's so easy. It doesn't have to involve technical
- tricks, just knowing human nature.
-
- For instance, I know Joe's biggest fear, almost obsessive worry, is
- that his stuff is being cancelled. See, Joe's only weapon in life is
- Usenet. The threat that his words are going to be canceled is
- paramount. So I thought, dandy, I'm going to fan those flames. I used
- along dead account of mine at [Ken Chasse's] Sonic Interzone to start
- the rumor, saying, "Goodness, I can't see posts from Joe anywhere!"
- And the Doctors freaked!
-
- It's like fishing. And all these little tricks we try to write about
- in Net Scandal. Sometimes you get bites and nibbles. But you are
- always hoping you get the hook right down the throat so you can really
- haul on them. [laughs]
-
- ------------------------------
-
- Date: Sat, 8 Apr 1995 22:56:14 -0500
- From: jim thomas <tk0jut1@CS.NIU.EDU>
- Subject: File 3--CDT POLICY #8 -- Leahy Introduces Alternative to CDA (fwd)
-
- ------- start of forwarded message -------
-
- From--jseiger@cdt.org (Jonah Seiger)
- Date--7 Apr 1995 15:46:59 -0500
-
- ----------------------------------------------------------
- ****** ******** *************
- ******** ********* *************
- ** ** ** *** POLICY POST
- ** ** ** ***
- ** ** ** *** April 7, 1995
- ** ** ** *** Number 8
- ******** ********* ***
- ****** ******** ***
-
- CENTER FOR DEMOCRACY AND TECHNOLOGY
- ----------------------------------------------------------
- A briefing on public policy issues affecting civil liberties online
- ---------------------------------------------------------
- CDT POLICY POST 4/7/95 Number 8
-
- CONTENTS: (1) Senator Leahy Introduces Alternative to Communications
- Decency Act
- (2) Leahy Statement on Introdcution of S. 714
- (3) Text of S. 714
- (4) About the Center For Democracy and Technology
-
- This document may be re-distributed freely provided it remains in its
- entirety.
- --------------------------------------------------------
-
- SUBJECT: Senator Leahy Introduces Alternative to Exon/Gorton
- Communications Decency Act
-
- Senator Patrick Leahy (D-VT) today introduced the "Child Protection, User
- Empowerment, and Free Expression in Interactive Media Study Bill" (S. 714).
- The bill represents an alternative to Senator Exon (D-NE) and Senator
- Gorton's (R-WA) "Communications Decency Act", which would criminalize the
- transmission of any content deemed "obscene, indecent, lewd, lascivious,
- filthy, or harassing."
-
- Leahy's bill would direct the Department of Justice, in consultation with
- the Commerce Department, to conduct a study to address technical means for
- empowering users to control information they receive over interactive
- communications systems such as the Internet, commercial online services,
- independent BBS's, and future interactive media. The bill is being
- co-sponsored by Senators Bob Kerry (D-NE) and Herb Kohl (D-WI), and is
- expected to generate support across party lines.
-
- The Communications Decency Act, which Leahy seeks to replace, is now
- pending before the Senate as part of the "Telecommunications Competition
- and Deregulation Act of 1995' (S. 652).
-
- In a statement announcing the introduction of the bill, Senator Leahy urged
- Congress to carefully consider the implications of imposing content
- restrictions on interactive media. "Heavy-handed efforts by government to
- regulate obscenity on interactive information services will only stifle the
- free flow of information, discourage the robust development of new
- information services, and make users avoid using the system" Leahy said.
-
- Instead, Leahy urged a careful consideration of possible alternatives
- before Congress attempts to legislate in this area. Under the legislation
- introduced today, the Department of Justice, in consultation with the
- Department of Commerce, would examine:
-
- * Whether current laws prohibiting the distribution of obscenity and child
- pornography by means of computers are sufficient.
-
- * Whether current law enforcement resources are sufficient to enforce
- existing laws.
-
- * The availability of technical means to enable parents and other users to
- control access to "commercial, non-commercial, violent, sexually explicit,
- harassing, offensive, or otherwise unwanted" content.
-
- * Recommendations to encourage the development and deployment of such
- technologies
-
- * The availability of technical means to promote the free flow of
- information consistent with Constitutional values.
-
- The Center for Democracy and Technology commends Senator Leahy for his
- leadership on this issue and his efforts to promote the free flow of
- information in cyberspace. CDT will work to support Senator Leahy's
- efforts and to develop alternatives to content restrictions in interactive
- media.
-
- ----------------------------------------------------------
-
- LEAHY STATEMENT ON INTRODUCTION OF S. 714
-
- STATEMENT OF SENATOR LEAHY
- On Introduction of The Child Protection, User Empowerment, and Free
- Expression In Interactive Media Study Bill
-
- April 7, 1995
-
- Mr. President: I rise today to introduce a bill calling for a study by the
- Department of Justice, in consultation with the U.S. Department of Commerce
- on how we can empower parents and users of interactive telecommunications
- systems, such as the Internet, to control the material transmitted to them
- over those systems. We must find ways to do this that do not invite
- invasions of privacy, lead to censorship of private online communications,
- and undercut important constitutional protections.
-
- Before legislating to impose government regulation on the content of
- communications in this enormously complex area, I feel we need more
- information from law enforcement and telecommunications experts. My bill
- calls for just such a fast-track study of this issue.
-
- There is no question that we are not living through a revolution in
- telecommunications with cheaper, easier to use and faster ways to
- communicate electronically with people within our own homes and
- communities, and around the globe.
-
- A byproduct of this technical revolution is that supervising our children
- takes on a new dimension of responsibility. Very young children are so
- adept with computers that they can sit at a keypad in front of a computer
- screen at home or at school and connect to the outside world through the
- Internet or some other on-line service. Many of us are, thus, justifiably
- concerned about the accessibility of obscene and indecent materials on-line
- and the ability of parents to monitor and control the materials to which
- their children are exposed. But government regulation of the content of all
- computer and telephone communications, even private communications, in
- violation of the First Amendment is not the answer -- it is merely a
- knee-jerk response.
-
- Heavy-handed efforts by government to regulate obscenity on interactive
- information services will only stifle the free flow of information,
- discourage the robust development of new information services, and make
- users avoid using the system.
-
- The problem of policing the Internet is complex and involves many important
- issues. We need to protect copyrighted materials from illegal copying. We
- need to protect privacy. And we need to help parents protect their
- children. Penalties imposed after the harm is done is not enough. We need
- to find technical means from stopping the harm done before it happens.
-
- My bill calls for a study to address the legal and technical issues for
- empowering users to control the information they receive over electronic
- interactive services. Instead of rushing to regulate the content of
- information services, we should encourage the development of technology
- that gives parents and other consumers the ability to control the
- information that can be access over a modem.
-
- Empowering parents to manage what their kids access over the Internet with
- technology under their control is far preferable to some of the bills
- pending in Congress that would criminalize users or deputize information
- service providers as smut police.
-
- Let's see what this study reveals before we start legislating in ways that
- could severely damage electronic communications systems, sweep away
- important constitutional rights, and undercut law enforcement at the same
- time.
-
- I ask unanimous consent, to have printed in the record at this pint, the
- "Child Protection, User Empowerment, and Free Expression in Interactive
- Media Study" bill.
-
- -----------------------------------------------------------
-
- TEXT OF S. 714
-
- 104th Congress
- 1st Session
-
- S. 714
-
- -------------------------------
-
- IN THE SENATE OF THE UNITED STATES
-
- Mr. Leahy introduced the following bill; which was read twice and referred
- to the committee on_______
-
- -------------------------------
-
- A BILL
-
- To require the Attorney General to study and report to Congress on the
- means of controlling the flow of violent, sexually explicit, harassing,
- offense, or otherwise unwanted material in interactive telecommunications
- systems.
-
- Be it enacted by the Senate and House of Representatives of the United
- States of America in Congress assembled,
-
- SECTION 1. STUDY ON MEANS OF RESTRICTING ACCESS TO UNWANTED MATERIAL
- IN INTERACTIVE TELECOMMUNICATIONS SYSTEMS.
-
- (a) STUDY AND REPORT. -- Not later than 150 days after the date of
- enactment of this Act, the Attorney General shall complete a study and
- submit to the Committee on the Judiciary of the Senate and the Committee on
- the Judiciary of the House of Representatives a report containing --
-
- (1) an evaluation of whether current criminal laws governing the
- distribution of obscenity over computer networks and the creation and
- distribution of child pornography by means of computers are fully
- enforceable in interactive media;
-
- (2) an assessment of the Federal, State, and local law enforcement
- resources that are currently available to enforce those laws;
-
- (3) an evaluation of the technical means available to --
-
- (A) enable parents to exercise control over the information that
- their children receive and enable other users to exercise control over the
- commercial and noncommercial information that they receive over interactive
- telecommunications systems so that they may avoid violent, sexually
- explicit, harassing, offensive, or otherwise unwanted material; and
-
- (B) promote the free flow of information consistent, with
- Constitutional values, in interactive media; and
-
- (4) recommendations to encourage the development and deployment of
- technical means, including hardware and software, to enable parents to
- exercise control over the information that their children receive and
- enable other users of exercise control over the information that they
- receive over interactive telecommunications systems so that they may avoid
- harassing, violent, sexually explicit, harassing, offensive, or otherwise
- unwanted material.
-
- (b) CONSULTATION -- In conducting the study and preparing the
- report under subsection (a), the Attorney General shall consult with the
- National Telecommunications and Information Administration of the
- Department of Commerce.
-
- ----------------------------------------------------------
-
- ABOUT THE CENTER FOR DEMOCRACY AND TECHNOLOGY
-
- The Center for Democracy and Technology is a non-profit public interest
- organization. The Center's mission is to develop and advocate public
- policies that advance constitutional civil liberties and democratic
- values in new computer and communications technologies.
-
- Contacting us:
-
- General information on CDT can be obtained by sending mail to
- <info@cdt.org>
-
- CDT's www site is up! Visit us at http://www.cdt.org/
-
- Our ftp and gopher sites will be up soon.
-
- voice: 202.637.9800
-
- ------------------------------
-
- Date: Sun, 19 Mar 1995 22:51:01 CDT
- From: CuD Moderators <cudigest@sun.soci.niu.edu>
- Subject: File 4--Cu Digest Header Info (unchanged since 19 Mar, 1995)
-
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- ------------------------------
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- End of Computer Underground Digest #7.30
- ************************************
-
-