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-
- Computer underground Digest Wed Feb 28, 1996 Volume 8 : Issue 18
- ISSN 1004-042X
-
- Editor: Jim Thomas (TK0JUT2@MVS.CSO.NIU.EDU)
- News Editor: Gordon Meyer (gmeyer@sun.soci.niu.edu)
- Archivist: Brendan Kehoe
- Shadow Master: Stanton McCandlish
- Field Agent Extraordinaire: David Smith
- Shadow-Archivists: Dan Carosone / Paul Southworth
- Ralph Sims / Jyrki Kuoppala
- Ian Dickinson
- Cu Digest Homepage: http://www.soci.niu.edu/~cudigest
-
- CONTENTS, #8.18 (Wed, Feb 28, 1996)
-
- File 1-- CDT Press Release/2d suit against CDA
- File 2--Are you feeling threatened by the CDA?
- File 3--British virus writer to jail for 18 months
- File 4--(Fwd) RE: White House Not Decent
- File 5--Response to "French Book Banning"
- File 6--NIU President Responds to Telecommunications Bill
- File 7--Cu Digest Header Info (unchanged since 16 Dec, 1995)
-
- CuD ADMINISTRATIVE, EDITORIAL, AND SUBSCRIPTION INFORMATION APPEARS IN
- THE CONCLUDING FILE AT THE END OF EACH ISSUE.
-
- ---------------------------------------------------------------------
-
- Date: Mon, 26 Feb 1996 17:09:15 -0600
- From: Stephen Smith <libertas@COMP.UARK.EDU>
- Subject: File 1-- CDT Press Release/2d suit against CDA
-
- Following is a relase prepared by the Center for Democracy and Technology
- on the challenge to CDA:
-
-
-
- CDA IS UNCONSTITUTIONAL, FAILS TO RECOGNIZE
- UNIQUE NATURE OF THE INTERNET
-
- On Monday, February 26, the Citizens Internet Empowerment
- Coalition, the American Library Association, America Online,
- Compuserve, Prodigy, Microsoft, NETCOM, The Commercial Internet
- eXchange, The Newspaper Association of America, Wired Magazine,
- Hotwired, Families Against Internet Censorship, and several other
- plaintiffs filed suit in a Federal Court in Philadelphia PA
- seeking to overturn the Communications Decency Act on the
- grounds that it is a violation of the First Amendment rights of
- all Internet users.
-
- In a 55 page complaint that details the history of the Internet
- and outlines how the network operates, the CIEC intends to educate
- the court on how the Internet functions and why the broad content
- regulations imposed by the CDA threaten the very existence of the
- Internet as a viable medium for free expression, education, and
- commerce. Among other things, the CIEC challenge argues that:
-
- * The Internet is a unique communications medium which deserves
- First Amendment protections at least as broad as those afforded to
- print media.
-
- * Individual users and Parents, not the Federal Government,
- should determine for themselves and their children what material
- comes into their homes based on their own tastes and values.
-
- * The CDA will be ineffective at protecting children from
- "indecent" or "patently" offensive material online.
-
- The CIEC challenge is separate from the case brought by the ACLU,
- EFF, EPIC, Planned Parenthood, and several other plaintiffs in the
- same Philadelphia court on February 8, 1996. The ACLU effort has
- made significant and important headway in the past several weeks.
- The CIEC case will reinforce the ACLU's efforts while focusing on
- the unique nature of the Internet and alternatives to government
- content regulations. ACLU and CIEC attorneys are closely
- coordinating their efforts, and it is expected that the courts
- will eventually consolidate the two cases.
-
- The outcome of the legal challenges to the CDA will likely
- determine the legal status of speech on the Internet and the
- future of the First Amendment in the Information Age.
-
- Citizens Internet Empowerment Coalition Members and Plaintiffs
-
- The Citizens Internet Empowerment Coalition is a large and diverse
- group of Internet users, businesses, non-profit groups, and civil
- liberties advocates, who share the common goal of protecting the
- First Amendment and the viability of the Internet as a means of
- free expression, education, and commerce. CIEC members believe
- that parents, not the United States Government, are the best and
- most appropriate judges of what material is appropriate for
- themselves and their children.
-
- Named Plaintiffs in the CIEC Challenge to the Communications
- Decency Act:
-
- American Library Association
- America Online, Inc.
- American Booksellers Association
- American Booksellers Foundation for Free Expression
- American Society of Newspaper Editors
- Association of American Publishers
- Association of Publishers, Editors and Writers
- Citizens Internet Empowerment Coalition
- Commercial Internet eXchange
- Compuserve, Inc.
- Families Against Internet Censorship
- Freedom to Read Foundation
- HotWired Ventures Ltd.
- Interactive Digital Software Association
- Interactive Services Association
- Microsoft Corporation
- Microsoft Network
- NETCOM On-Line Communications Services, Inc.
- Newspaper Association of America
- Prodigy, Inc.
- Society of Professional Journalists
- Wired Ventures Ltd.
-
- Members of the Citizens Internet Empowerment Coalition:
-
- Americans for Tax Reform
- Association of American University Presses, Inc.
- Association of National Advertisers
- Association of Research Librarians
- Center for Democracy and Technology
- Coalition for Networked Information
- Media Access Project
- Media Institute
- Microsystems Software, Inc.
- National Assoc. of State Universities & Land Grant Colleges
- People for the American Way
- Recording Industry Association of America
- Special Libraries Association
- Surfwatch Software, Inc.
- University of California Santa Barbara Library
-
- ------------------------------
-
- Date: Tue, 27 Feb 1996 16:47:15 -0500
- From: ACLUGPC@AOL.COM
- Subject: File 2--Are you feeling threatened by the CDA?
-
- To any interested parties:
-
- We have become aware of an effort to promote the voices of people who
- are presently not represented in the pending law suits challenging the
- CDA. If you feel that material you have posted, are posting, or will
- be posting may be considered "indecent" or "patently offensive," you
- might want to consider getting involved.
-
- Jim Crawford, a partner at the Philadelphia law firm of Schnader,
- Harrison, Segal & Lewis, is preparing an amicus brief in support the
- ACLU's challenge to the indecency provisions contained in the recently
- passed telecommunications law. The brief will focus on the
- overbreadth of the CDA, with particular emphasis on two groups of
- amici -- content providers (those who place content on the Internet
- that the CDA now criminalizes or potentially criminalizes under its
- overbroad language); and access providers (ISPs, mainly). As to
- content providers, the argument will be that there is a tremendous
- amount of socially valuable expression on the Internet that could be
- termed "indecent," or "patently offensive," depending on the community
- standards to be applied, under the CDA's overbroad provisions, but
- which should not be censored as to adults or minors. Amici want to
- provide the court with very specific examples of such expression.
-
- Among others, Crawford is interested in physicians' or medical groups;
- universities and professors; artists; musicians; museums; and
- businesses (who
-
- may use provocative advertising and marketing techniques). In other
- words, if you are concerned that the content of your postings may be
- considered "indecent" or "patently offensive," the amici may be
- interested in hearing from you.
-
- Anyone who is interested in being considered for amicus status should
- forward a statement of interest to Jennifer in Jim Crawford's office
- at Jennifer_DuFault_James@SHSL.com.
-
- Please feel free to pass this on to other persons who may be
- interested.
-
- Thank you. Vic Walczak
-
- ------------------------------
-
- Date: Thu, 29 Feb 1996 00:59:11 -0600 (CST)
- From: Crypt Newsletter <crypt@sun.soci.niu.edu>
- Subject: File 3--British virus writer to jail for 18 months
-
- In mid-November 1995, the English trial of virus-writer Chris Pile
- ended with a bang after months of stops and starts when the 26
- year-old Devon man was sent away for 18 months as punishment for
- spreading and inciting others to distribute the SMEG computer
- viruses, programs of his design.
-
- It was a depressing tale that stretched over a year, from
- Pile's arrest and the confiscation of his computer by New Scotland
- Yard's computer crime unit in 1994, to his conviction in Crown
- Court in mid-1995, to the inevitable sentencing which sent him up
- for a year and a half stint in an English bighouse the same
- week when many others in computerland where trotting out shiny new
- wares at ComDex in Las Vegas.
-
- During the case, Pile admitted to five counts of unauthorized access
- to computers to facilitate crime and five of unauthorized
- modifications of computer software between 1993 and April 1994. He
- also confessed to a charge of inciting others to spread viruses.
-
- The English newspaper The Independent referred to Pile, known
- briefly as the Black Baron in the virus underground, as a "'mad and
- reclusive boffin' who wreaked havoc on computer systems by spreading
- [viruses] . . . across the world . . ." [Webster's New World
- Dictionary informs readers "mad boffin" is Brit slang for "mad
- scientist."]
-
- The Times asserted Microprose had been struck by one of Pile's
- SMEG viruses and estimated that it lost 500,000 pounds in business
- and wasted 480 man hours checking files for Pile's replicating code.
- Another company, named Apricot, was claimed to have been closed while
- clearing a third of its machines from a Pile-written virus infection.
-
- In America, Dr. Alan Solomon - developer of the UK-based Solomon
- Anti-virus Toolkit (S&S International), worked the news of Pile's
- downfall into a presentation given by his firm at ComDex in Las
- Vegas, Nevada. The following week, Graham Cluley - a colleague and
- employee of Solomon at S&S, privately remarked on the Compuserve
- on-line service that the severity of Pile's sentence surprised him.
-
- The treatment of Pile, an unemployed self-taught programmer, by the
- English press was slightly reminiscent of the US media's portrayal of
- Kevin Mitnick. For the press, Pile was writ large as a young
- cyber-madman bent on corrupted programming that resulted in
- computer data damage escalating into the millions of dollars. Worse,
- his code was said to be in the hands of shadowy criminal arch-fiends
- in the US and Europe. Mitnick, of course, had been attributed with
- cartoonish superhuman malevolence by the US media, a man dangerous
- enough to bring down the Internet, steal the Christmas card list from
- your computer and/or break into military computers controlling
- NORAD.
-
- English newspapers repeatedly reprinted the activation message from
- Pile's SMEG.Pathogen virus. "Your hard disk is being corrupted
- courtesy of PATHOGEN! Programmed in the U.K. (Yes, NOT Bulgaria!)
- [C] the Black Baron 1993-94. Featuring SMEG v0.1: Simulated
- Metamorphic Encryption Generator! 'Smoke me a kipper, I'll be back
- for breakfast.....' Unfortunately some of your data won't!!!!!"
- Only superficially baleful and menacing, the message was a mixture of
- quote from an English TV show named "Red Dwarf" and the stereotypical
- gloating anti-style of previous virus writers to numerous to count.
-
- For The Independent Pile was the "most famous" of virus-writers and
- the "most dangerous" of a small band of them working in England. The
- Independent exaggerated when adding further that Pile's viruses,
- called SMEG.Queeg and SMEG.Pathogen, were "the two most sophisticated
- ever written." This was probably surprising news even to the anti-virus
- software developers interviewed for the Black Baron stories. Indeed,
- Alan Solomon's "Virus Encyclopedia," a compilation of technical notes
- on computer viruses gives them a page a piece, neither much more nor
- less than the hundreds of other entries in the book.
-
- Pile's viruses, however, had reached "criminal elements" working in
- Northern Ireland, the US, and Germany, according to the Independent.
-
- The demonization and denunciation of Pile was unusually harsh in
- light of the fact that prosecution witness Jim Bates commented to
- Crypt Newsletter that UK authorities were uninterested in sending
- officials overseas to collect evidence on the SMEG viruses in the
- United States because a guilty verdict had been arrived at by
- mid-1995.
-
- Bates was the prosecution's point man in the case against Pile. He
- was, perhaps, the most experienced for the job, having played a
- starring role in another famous U.K. computer crime case - the
- prosecution of Joe Popp for the AIDS Information diskette extortion
- scheme - in 1991.
-
- In late 1989, Jim Bates was among the first to examine software
- called the AIDS Information Trojan. The AIDS Info Trojan, as it
- became known, was used as part of a computer blackmail attempt
- launched by Popp, an erratic scientist living in Cleveland, Ohio.
- Popp had concocted a scheme to extort money from PC users in Europe.
- It involved the programming of a software booby-trap that masqueraded
- as a database containing information on AIDS and how to assess an
- individual's risk of contracting the disease.
-
- The database, as one might expect, was trivial and contained only the
- barest information on AIDS. However, when an unwitting user installed
- the software, the AIDS Information Trojan created hidden
- directories and files on the computer while hiding a counter in
- one of the system's start-up files. Once the count reached 90, Popp's
- creation would encrypt the directory entries, alter the names of files
- with the intent of making them inaccessible and present the operator with
- a message to send approximately $200 to a postal drop in Panama City for
- a cure reversing the effects of the program. The AIDS Information Trojan
- came with a vaguely menacing warning not to install the software if one
- didn't intend to pay for it at once.
-
- Popp mailed 20,000 sets of the trojan on disk to users in Europe,
- apparently subscribers to a now defunct magazine called PC Business
- World. The plan quickly fizzled but Bates was among the first to
- analyze Popp's A
- on it to English authorities.
-
- The disks were eventually traced back to Popp and New Scotland Yard
- began a lengthy process of extraditing him to England to stand
- trial for computer blackmail in connection with the disks, a
- battle which took almost another two years. Bates was flown to
- Cleveland during this time to present evidence in court which
- persuaded American authorities to hand over Popp for extradition
- to London. Bates also analyzed Popp's original AIDS Information
- Trojan software, source code and a program which was evidently
- intended to reverse the effects of the logic bomb, thus
- regenerating a victim's data.
-
- However, instead of going smoothly, the Popp trial became a source of
- controversy. It was claimed the Cleveland man was unfit to stand
- trial because he began wearing a cardboard box over his head, making
- it impossible to determine whether he was legitimately non compos mentis
- or merely shamming. As a result, Bates said to Crypt, Popp was
- declared a "public disgrace" by the court and ejected from the
- country. In England, this is an unusual classification which,
- apparently, allows the case to remain open, the purpose being - on
- this occasion, according to Bates - to discourage by intimidation
- the authoring of books or a publicity tour of talk shows in the
- United States by the defendant. At the time, it was difficult to
- tell if Bates was being serious or facetious.
-
- Chris Pile, unlike Joe Popp, appeared not to be flat crazy. Plus,
- his computer viruses worked too well. It didn't take much work to
- scare the uninformed with them. And Pile's legal defense team was
- unable to muster the kind of sophisticated defense necessary to
- mitigate Jim Bates' expertise.
-
- For Pile's prosecution, Bates furnished collection and evaluation
- of evidence relating to the spread of the Pile/SMEG viruses and
- damages attributed to them.
-
- Pile, said Bates, had attached a SMEG virus to a computer game and
- uploaded it to a bulletin board system in the United Kingdom. The
- virus writer had also targeted the Dutch-made Thunderbyte anti-virus
- software, initially by infecting one of the company's anti-virus
- programs distributed via the shareware route. After examining
- software and source code for Pile's computer virus encryption
- engine, named the SMEG, Bates also maintained Pile had invested
- a great deal of time in fine-tuning subsequent editions of it
- so it specifically generated computer virus samples opaque to
- the Thunderbyte anti-virus scanning software.
-
- Although there has been little unusual about this habit of virus
- writers since 1993, it surely must have seemed remarkable
- techno-magic to the English Crown Court. The judge treated it so.
-
- "I dare say you were looking forward to reading in the computer
- press about the exploits of the Black Baron," said judge Jeremy
- Griggs to the defendant. "Those who seek to wreak mindless havoc on
- one of the vital tools of our age cannot expect lenient treatment,"
- he thundered before sending Pile over for eighteen months.
-
- In the wake of Pile's sentencing, English newspapers continually
- exaggerated the virus-writer as an international menace. The Times
- of London echoed The Independent's hyperbole, maintaining Pile had
- written a "training manual" for virus-writers found "in America and
- Northern Ireland where it was being used by criminals."
-
- Ali Rafati, as part of Pile's legal defense, said his client was a
- "sad recluse." The real Pile is difficult to describe in any detail
- even though an excessively overwrought and lugubrious "Biography of a
- virus-writer" was written about him by a cyber acquaintance and
- circulated widely in the computer virus underground in 1994, just
- before he was arrested by New Scotland Yard.
-
- As bombastic as anything written by The Independent, Black Baron's
- biography begins:
-
- "In 1969 Neil Armstrong stepped onto the moon. It was a momentous
- year for the world. But no-one [sic] at the time paid much attention to
- a baby boy being born in a town in southern England. This baby boy
- was destined to grow into one of the most infamous computer virus
- writers of all time. In 1969 The Black Baron was born!"
-
- Curiously, almost 80 percent of the Black Baron's "biography" is a
- reprint of material written by Ross M. Greenberg, a semi-retired
- programmer who wrote the Flu_Shot and VirexPC sets of anti-virus
- software. The reprint dates from 1988 and contains standard
- anti-virus rant and rave, calling virus-writers "worms." One
- supposes it could be called mildly irritating by the thin-skinned.
-
- In any case, if the Black Baron's biography is taken at face value,
- Greenberg's anti-virus-writer spiel was the seed that formed the basis
- of Pile's desire to write viruses as a means toward impressing people.
-
- Black Baron's biography reads (errors reprinted), ". . . when
- computers stop attracting social inadequates, but whom I am refering
- to the arrogant members of the anti-virus lobby as well as the
- nefarious virus authors. But what of the Black Baron? What is he? Is
- he a malicious criminal? A computer terrorist? A social inadequate
- trying to reassure himself of his own inadequacies through destroying
- computer data? I don't [believe] so. I have spoken to Black Baron on
- a number of occassions. He is happy to discuss his work, and, at my
- request, he has even released a document detailing the design of SMEG.
- He doesn't feed on the panic and fear that SMEG viruses such as
- Pathogen and Queeg cause. Rather he revels in the embarrasement and
- panic which his software causes the arrogant anti-virus writers."
-
- At the time, Pile was unemployed. The "biography" concludes:
-
- "After talking with him, I understand the Black Baron. I feel sorry for
- him as well. He is a highly gifted individual who has not been given a
- chance by computer society. So he has made his own chance. We all need
- recognition. Mainly through employment, but we as thinking machines must
- receive recognition for our abilities. Otherwise we sink into melancholy
- and paranoida. Black Baron has received his recognition. We, the
- computer society are responsible for the creation of Pathogen, Queeg,
- SMEG and all the other computer viruses. We have no one to blame but
- ourselves. It is our desire to keep the computer fraternity a closed
- club which has alienated so many of our colleagues. By rubbing their
- noses in it, so to speak, we have begged for trouble, and like the
- inhabitants of Troy, we have received it."
-
- English newspapers reported Pile had confessed to police he had
- written the viruses to "increase his self-esteem" and because England
- appeared not to have produced any virus writers capable of programming
- samples capable of spreading in the real world.
-
- The legal offices of Rafferty and Woodmansea, Pile's legal team were
- contacted repeatedly by Crypt Newsletter but could not be reached for
- opinion. Surprisingly, a secretary on the end of the phone claimed
- they lacked e-mail addresses.
-
- http://www.soci.niu.edu/~crypt
-
- ------------------------------
-
- Date: Sun, 25 Feb 1996 21:20:41 -0500
- From: IPS@OLYMPUS.NET(Steve O'Keefe)
- Subject: File 4--(Fwd) RE: White House Not Decent
-
- Sent-- Sunday, February 25, 1996 9:43 AM
- To-- cypherpunks@toad.com
-
- (Reprinted without permission from the Seattle Times
- Personal Technology section)
-
- White House Site Blocked
-
- Add the White House to the Internet's extensive list of dens of
- sin.
-
- Surfwatch, a widely used software program that prevents access
- to, and downloading of, sexually explicit material on the
- Internet, accidently blocked access to the White House home page
- recently - all because a "White House for Kids" Web site address
- contained the word "couples."
-
- That's a dirty word in the Surfwatch universe because many
- sexually explicit online sites use it as part of their come-on.
-
- In this case, "couples" merely referred to the Executive Branch
- tandems of President and Hillary Rodham Clinton and Al and Tipper
- Gore.
-
- Surfwatch fixed the problem within hours, although some might
- still find the site offensive.
-
- For political reasons, that is.
-
- ------------------------------
-
- Date: Wed, 28 Feb 1996 07:47:54 -0800 (PST)
- From: beust@SOPHIA.ILOG.FR(Cedric Beust)
- Subject: File 5--Response to "French Book Banning"
-
- Declan McCullagh <declan@WELL.COM> writes
-
- : (I'm already hosting a book banned by the French government:
- : http://www.cs.cmu.edu/~declan/le-secret/)
-
- Ok this is it. I have tried my best to resist the urge to reply, but
- this new mention is one too many. I can't let any more misinformation
- spread like this.
-
- First of all, I have nothing against you. Declan, and I respect the
- cause you *think* you are defending, but I will try to show that you
- have gone too far in this quest, and that you lost the minimum sense
- of "esprit critique" under the so-called motivation of defending free
- speech.
-
- Le Grand Secret is *not* a "book banned by the French government". It
- is a book banned by Francois Miterrand's family, on their request
- (and that of their lawyer's, who also has many good reasons to see
- this book withdrawn from the shelves as I will make clear below).
-
- The book hasn't been censored because of so-called sensitive material
- contained in it, but on the sole criterion that it relates private
- details of Mr. Mitterrand and relatives. This is a simple breach of
- privacy affair, not an attempt to hide away information from the public
- by some government cabal (remember, there is no cabal, and this
- applies to real life too :-)).
-
- If you had the curiosity to have the book read by a French speaking
- person, they would have let you know very quickly that this book
- contains *nothing* sensational. You can read here and there a few
- clear abuses of privileges (implying the lawyer I mentioned above,
- thus his haste to have the court censor it), but nothing unsuspected
- (you do expect the relatives of the president of a nation to have
- some privileges, don't you ? I am not saying this is normal, but just
- that it can be expected, and is no secret).
-
- Now, let me try to explain why you shouldn't be hosting this book.
-
- In France (just like in the United States and more and more
- countries), the government is trying to have a stake at
- -- somehow -- introducing regulations in the Internet. France might
- have its own CDA very soon. This kind of very unfortunate affair (*)
- is exactly what the government is expecting to justify a quick
- intervention and the creation of hasty measures to stop this den of
- pirates that dwell in the Internet. For you are a pirate, Declan,
- because you are violating the copyright law that applies to this book
- (the United States signed the Berne agreement regarding copyright and
- intellectual property). Are you aware of this ? Are you aware that
- what you are doing is exactly the same as hosting a pirate copy of,
- say, Microsoft NT, on your web page and say to all "come and download
- it" ?
-
- Don't you have the impression that by trying to defend the free
- speech on the Internet, you are doing exactly the opposite ?
-
- It's curious to see that as soon as the mere consideration of free
- speech comes into play, all actors (you first, this might apply to
- the EFF as well) suddenly lose all sense of criticism and are more
- hasty to wave blindly the banner of free speech than initiate a more
- thorough enquiry in order to make sure what this is all about.
-
- Please, Declan, don't think I am bashing your overall work. I am
- just trying to say you should be more careful when exercising your
- right to fight censorship and promote free speech.
-
- Regards,
-
- Cedric BEUST
- beust@sophia.inria.fr
-
-
- (*) (I remind the CUDers that it all started when a French cybercafe decided
- to put the book online right after it was withdrawn from the
- stores. I can elaborate and give more precise details on how and why
- the bartender was arrested afterwards in case this is of interest)
-
- ------------------------------
-
- Date: Thu, 29 Feb 1996 03:23:52 -0600
- From: cudigest@SUN.SOCI.NIU.EDU(Computer underground Digest)
- Subject: File 6--NIU President Responds to Telecommunications Bill
-
- NIU RESPONDS TO TELECOMMUNICATIONS BILL
-
- President John E. La Tourette
- February 16, 1996
-
- Since passage earlier this month of the Telecommunications Act of
- 1996, colleges and universities across the country have been
- struggling to understand the potential implications of the bill's
- so-called "indecency" provisions as they relate to faculty, staff
- and student use of the Internet. As you may know, a federal judge in
- Philadelphia recently granted a temporary restraining order that
- prohibits the U.S. Justice Department from enforcing the indecency
- provisions; however even that decision left supporters and opponents
- confused. Clearly, this issue will not be definitively resolved
- anytime soon, and we recognize the need to address campus concerns
- in the interim. In consultation with NIU legal counsel and policy
- experts at the American Council on Education and the American
- Association of State Colleges and Universities, I offer the
- following thoughts.
-
- At the heart of the controversy are provisions which prohibit
- Internet users from sending "indecent" material to minors or from
- making such material available in any way that could be accessible
- to children. Critics have also charged that a little-noticed
- provision in the indecency section of the legislation would ban all
- discussion of abortion on computer networks. (On this point,
- President Clinton has clearly stated that the Justice Department
- will not enforce a provision that is clearly in violation of the
- First Amendment.)
-
- Two basic issues define this controversy: the definition of
- indecency, and institutional and individual liability. As these are
- issues of infinite complexity, no official or organization has yet
- issued a definitive interpretation of the legal issues involved. The
- American Council on Education, the American Library Association and
- the American Association of State Colleges and Universities are
- working in Washington to craft technical amendments to the
- Telecommunications Bill that would resolve many of the issues that
- concern their member institutions. Additionally, Sen. Patrick Leahy
- (D-Vermont) and Sen. Russell Feingold (D-Wisconsin), both members of
- the Senate Judiciary Committee, introduced a bill (SB1567) on
- February 9 which would strip out the indecency provisions
- altogether.
-
- Controversy surrounding use of the Internet clearly identifies a
- mismatch between the speed of technological advancement and our
- nation's ability to thoughtfully deal with ensuing constitutional
- questions. Further, the legal questions with which we are faced go
- far beyond issues of alleged "indecency." For example, the American
- Association of State Colleges and Universities (AASCU) recently
- urged its members to adopt a "code of ethics" for students using the
- Internet, and suggests that students be required to agree to follow
- the code before being given e-mail addresses. AASCU's recommendation
- follows an incident at the University of Maryland in which a student
- posted unsubstantiated hearsay on the Internet about a local woman
- whom he said had been abusing her high school-aged daughter. The
- student listed the woman's phone number on this world-wide post, and
- she subsequently received numerous harrassing calls.
-
- AASCU's most recent posting on this subject suggests that colleges,
- universities and other providers of Internet access could be held
- harmless for indecent or harrassing posts by students if the network
- manager can show that the institution has taken good faith,
- reasonable, effective and appropriate actions under the
- circumstances to restrict or prevent access to minors to (indecent)
- communications. It remains unclear, however, how an institution
- could prove "good faith" in an environment where students have
- access to many campus computer servers, and where millions of e-mail
- and other Internet communications by students and faculty are sent
- daily. AASCU officials also note that the Justice Department will
- likely develop guidelines for owners and operators of computer
- servers on what "reasonable and appropriate" measures they can take
- to avoid transmission or display of indecent content to minors.
- AASCU plans to further discuss the implications of the
- Communications Decency Act at a meeting next month of campus
- governmental relations and communications representatives; NIU will
- be represented at that meeting.
-
- In the meantime, Northern Illinois University will continue to
- foster and protect academic freedom in teaching, research and
- creative artistry as strongly as ever. That this will continue is
- unmistakably guaranteed by the governance standards of the Board of
- Trustees and the University Constitution. The University has not
- changed any policy or any operation as a result of this law being
- passed -- there is still access to the Internet, home pages and the
- other uses which have been provided to our academic community.
- Moreover, it is unlikely that reasonable and responsible use of this
- communications tool will result in adverse consequences for
- individual members of the university community. University employees
- are financially protected in the responsible performance of their
- duties through the newly strengthened Indemnification Policy in our
- new Board's bylaws. At the same time, we take very seriously any
- real or potential threats to academic freedom, and will continue to
- closely monitor developments in this case. Although there are many
- unanswered questions that we could discuss internally, it is more
- appropriate for faculty and staff concerns to be communicated to our
- elected officials in Washington. A list of their names and
- addresses, including e-mail addresses, is attached.
-
- The telecommunications act was several years in the making, received
- extensive bipartisan support, and was intended to liberate
- technology and make it work more effectively for all citizens.
- Unfortunately, as often happens in our legislative process, some
- unintended provisions made their way into what is otherwise a
- positive set of reforms. We all have an interest in seeing the goals
- of the original legislation realized. At the same time, we are
- appropriately concerned about the imposition of vague,
- "community-based" decency standards on the normal, scholarly
- activities of this or any institution of higher learning.
-
- _________________________________________________________________
-
-
- Illinois Senators
-
- Carol Moseley-Braun
- SH-320 Hart Senate Office Building
- Washington, D.C. 20510-1301
- 202/224-2854
- E-Mail: senator@moseley-braun.senate.gov
-
- Paul Simon
- SD-462 Dirksen Senate Office Building
- Washington, D.C. 20510-1302
- 202/224-2152
- E-Mail: senator@simon.senate.gov
-
- _________________________________________________________________
-
-
- U.S. Representatives from Northern Illinois Districts
-
- Philip M. Crane
- 233 Cannon House Office Building
- Washington, D.C. 20515-1308
- 202/225-3711
-
-
- J. Dennis Hastert
- 2453 Rayburn House Office Building
- Washington, D.C. 20515-1314
- 202/225-2976
- FAX: 202/225-0697
- E-Mail: dhastert@hr.house.gov
-
-
- Donald Manzullo
- 426 Cannon House Office Building
- Washington, D.C. 20515-1316
- 202/225-5676
- _________________________________________________________________
-
-
- President John E. La Tourette
- February 16, 1996
-
-
-
-
-
-
- ------------------------------
-
- Date: Sun, 16 Dec 1995 22:51:01 CDT
- From: CuD Moderators <cudigest@sun.soci.niu.edu>
- Subject: File 7--Cu Digest Header Info (unchanged since 16 Dec, 1995)
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- ------------------------------
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- End of Computer Underground Digest #8.18
- ************************************
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