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-
- Computer underground Digest Sun Jun 9, 1996 Volume 8 : Issue 43
- ISSN 1004-042X
-
- Editor: Jim Thomas (cudigest@sun.soci.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, #8.43 (Sun, Jun 9, 1996)
-
- File 1--Re: CoS Jamming a.r.s. and A.R. v. Reno (CuD 8.42)
- File 2--Update on CDA, copyright, crypto (5/29/96)
- File 3--Discuss crypto with Sen. Burns online the night before hearings!
- File 4--Re: Virtual Magistrate Decision
- File 5--Re: Gore "against censorship"???
- File 6--FW: NSA Monitoring Internet?
- File 7--Cu Digest Header Info (unchanged since 7 Apr, 1996)
-
- CuD ADMINISTRATIVE, EDITORIAL, AND SUBSCRIPTION INFORMATION ApPEARS IN
- THE CONCLUDING FILE AT THE END OF EACH ISSUE.
-
- ---------------------------------------------------------------------
-
- Date: Fri, 07 Jun 1996 04:48:30 -0600
- From: darryl.davidson@UVM.EDU(Darryl Davidson)
- Subject: File 1--Re: CoS Jamming a.r.s. and A.R. v. Reno (CuD 8.42)
-
- From June 5th's CuD, Mark Mangan's article:
-
- >Cherry
- >wanted to set the record straight and said he was going way back,
- >back to an early message posted by another that was titled, "What
- >Size Is Christ". He then lauched into a story about Christ,
-
- ...
-
- >... with the Lord and Orel Roberts. Some
- >were shaking with laughter; one lawyer at the plantiff's table
- >turned his chair and removed his glasses, wiping tears from his
- >eyes. Fred Cherry, the "connoi-ssewer of porn", summed up his
- >evidence and thanked the judges for the time to speak.
- >
- >It was not clear whether Cherry intended to shock or offend. All at
- >once, it seemed all too apparent that it didn't matter--such speech
- >would be found indecent under the CDA, even though it does have
- >serious literary, artistic, or comedic value.
-
- Uh, CDA notwithstanding, can someone point toward this story online?
- That was a stock teaser, describing the effect it had on those in
- attendance and then not including the content or a reference for
- getting to it. In an offshore data haven or not, the story needs
- to be available online, considering the legal context it now holds.
-
- I am concerned also by the long article from J. Noring:
-
- Jamming, which is the most apt term I've heard for this 'vertical spam'
- tactic, is a familiar enough thing... it has been done to e-mail
- boxes, newsgroups during various raider wars, to mailing lists,
- although not on this impressive/nefarious level. Heck, I
- was nearly booted out of UofIdaho my freshman year for _two lines_ of
- REXX code that did this very sort of thing. Any time the words are
- free, there's gonna be a lot of noise.
-
- As far as Usenet's usability being hampered by this, long after my
- decade mark online, Usenet Signal-to-Noise ratios are for me like
- my grandma's arthritis is to her: something unpleasant, unavoidable,
- and another reason to miss the good-old-days. I bitch, I teach
- a newbie when the mood hits me, and I find ways around it. Sadly,
- it's what weaned me off of Usenet after too long as a serious junkie.
- I hate to say it, but Usenet-at-large has become so cluttered that it
- is literally one of my last-resort internet tools any more. WinDoze
- interfaces, as Mr. Noring pointed out, bite the waxed tadpole, and
- out-of-place spam has become ubiquitous/inescapable. The one hope
- I have for Usenet is in the development of intranets or some other
- gonzo recapturing of the old spirit of Usenet the way it used to
- run (via 2-am phone calls between Linux boxes, hope hope hope!?)
- I honestly wouldn't be surprised to see an intranet mechanism
- spring up that allows a subset of the full newsgroup feed with
- an intensely strangled intake mechanism, with 'elitist' members of the
- intranet setting the S/N ratio back up where they want it.
-
- I do hope Mr. Noring's collection of signatures helps get CoS to
- stop this tactic, but it can't possibly be any faster a solution
- than generating a workaround within currently-available means. Ideally,
- both publicizing CoS's involvement AND working around this via
- other means should be pursued:
- - automoderation: a.r.s.moderated with a remailer address that limits
- all postings to one per day per author. Admittedly, it'll only slow down
- the flow, if CoS is dedicated enough.
- - live moderation... even if anonymously moderated.
- - splitting a.r.s into three subgroups: a.r.s.thetan, a.r.s.reformed
- and a.r.s.enthetan (if the gods will forgive me this horrid pun of
- an acronym)-- this permits CoS creation of a warm comfey space for
- their thetan vibes, another space that is safe haven for those eager
- to question their thetan teachings in a like-minded forum, and one
- for the rest of us evil types that sincerely *hope* the CoS is an
- alien race just so we can distance ourselves that much further from
- them.
- - and so on. Heck, several online providers will manage a mailing
- list for an unlimited audience for $50 a year, web-pages can't be
- jammed this way (although the web-server can be sucked dry via replicated
- requests for the page), and software melding IRC or newsgroup features
- into web-page mechanisms is springing up in beta form. All are valid
- weapons in the war for rational discourse.
-
- As for the growing lack of kill-file wisdom, this is the sort of crap that
- might finally get non-nix programmers to add the feature back in, user-
- friendly and spit-polished, to boot.(another unintentional pun, b.t.w.)
-
- Most importantly, my libertarian urges make me just as unwilling to see
- anyone regulate right and wrong when it is against the CoS as I am
- when they do it against Mr. Cherry and his CDA-questionable
- literature. As I see it, jamming a newsgroup is just more of the
- nice patina of CoS's polished public front being rubbed off to
- reveal the base metal underneath.
-
- We pride ourselves on ably exposing less organized gutter-snipes
- like NeoNazi revisionists and the Spammer-and-Seagull law firm, so it
- seems we should be just as insistent that we can solve this problem
- with software and existing laws.
-
- ------------------------------
-
- Date: Wed, 29 May 1996 20:31:51 -0700 (PDT)
- From: Declan McCullagh <declan@well.com>
- Subject: File 2--Update on CDA, copyright, crypto (5/29/96)
-
- ON THE CDA:
-
- Folks involved in the case expect a decision within the next week from the
- Philadelphia three-judge panel hearing our challenge to the CDA. The DoJ
- has a few weeks to appeal to the Supreme Court if they lose.
-
- --------------------------------------------------------------------------
-
- ON COPYRIGHT:
-
- Regarding the online copyright legislation, there's plenty of action on
- the Hill -- and contrary to what I thought a week ago, there's even a
- fighting chance that this bill will happen this year.
-
- So far, full Senate judiciary and the House judiciary intellectual
- property subcommittee have held hearings.
-
- The House has taken the lead here, and the tentative date for the
- subcommittee markup of HR2441 is June 5. (It was to have been last week,
- but was cancelled at the last minute when no agreement was reached.)
-
- The Senate seems to be waiting to see what the House does before making
- any sudden moves. General feeling is that the legislation was on a fast
- schedule but has been slowed down considerably because of ongoing
- controvery over OSP liability and (especially) section 1201.
-
- The big snarl is over 1201, and some alliances of convenience are breaking
- down. More to the point, libraries are finally mobilizing grassroots
- opposition.
-
- Brock has a piece about this in last week's Muckraker on HotWired.
-
- --------------------------------------------------------------------------
-
- ON CRYPTO:
-
- The National Research Council's report on crypto policy will be unveiled
- tomorrow at the National Press Club at 1 pm in Washington, DC. I'm going
- to try my best to be there.
-
- From their web page at <http://www2.nas.edu/cstbweb/>:
-
- The Computer Science and Telecommunications Board (CSTB) of the
- National Research Council (NRC) has completed a congressionally
- mandated study of national cryptography policy. The final report,
- Cryptography's Role in Securing the Information Society, will be
- released to the public on May 30, 1996 at a public briefing. A large
- number of the authoring committee members will attend.
-
- Thanks to John Young for this pointer to the original September 1994
- announcement of the NRC National Cryptography Project at:
-
- http://www.wpi.edu/~ryant/ncp.html
-
- ------------------------------
-
- Date: Fri, 7 Jun 1996 09:12:09 -0400 (EDT)
- From: Voters Telecommunications Watch <shabbir@vtw.org>
- Subject: File 3--Discuss crypto with Sen. Burns online the night before hearings
- !
-
-
- CRYPTO HEARINGS (S.1726) SET FOR 6/12/96 IN WASHINGTON D.C.
- MEET AND SPEAK TO SENATOR BURNS ON HOTWIRED THE NIGHT BEFORE!
- SEN. CONRAD BURNS (R-MT) SCHEDULED FOR HOTWIRED CHAT 6/11/96 10-11PM EST
-
- Date: June 7, 1996
-
- URL:http://www.crypto.com/ crypto-news@panix.com
- If you redistribute this, please do so in its entirety,
- with the banner intact.
- ---------------------------------------------------------------
- Table of Contents
- News
- Press Release on Hearings
- How to receive crypto-news
- Press contacts
-
- ---------------------------------------------------------------
- NEWS
-
- In what is becoming the newest way for Congress to read the net.community's
- opinion on issues, Senator Conrad Burns will be on HotWired on June
- 11th @ 10pm EST to discuss the encryption issue with all attendees.
- The next day, Senator Burns will be coordinating a day of hearings on the
- encryption issues with industry luminaries.
-
- Never before has the public had this much access to legislators without
- geographical proximity. Cheaper than teleconferencing, and more direct
- and unfiltered than the traditional press, online chats allow the public
- to directly question and hear the answers of Congress.
-
- Have a question about encryption policy that you've never been able to find
- out from the government? Come to the HotWired chat and ask Senator Burns
- to be your advocate, to press the witnesses and the White House on these
- issues.
-
- The online chat is on June 11 at 10pm EST, the night before the hearings
- HotWired's WiredSide chat is at (http://www.hotwired.com/wiredside).
-
- Information on Senator Burns' legislation is available at
- http://www.crypto.com
-
- ------------------------------------------------------------------
- PRESS RELEASE ON HEARINGS
-
- Senator Conrad Burns (R-Mont.)
- WEB SITE http://www.senate.gov/~burns/
-
- For immediate release: Contact: Matt Raymond
- Thursday, June 6, 1996 (202) 224-8150
- Randall Popelka
- (202) 224-6137
-
- First Pro-CODE Hearing Slated
- Burns' Subcommittee to Hear High-Profile Executives, Witnesses
-
- WASHINGTON, D.C. _ Montana Senator Conrad Burns today announced
- the first of two Senate hearings on S. 1726, the Promotion of Commerce
- Online in the Digital Era Act of 1996, or "Pro-CODE." The hearing will
- take place in the Commerce Subcommittee on Science, Technology and Space,
- of which Burns is chairman.
-
- The hearing is scheduled Wednesday, June 12, at 9:30 a.m. in room
- 253 of the Russell Senate Office Building.
-
- Scheduled to testify are: Michael Zisman, president and CEO of
- Lotus; Jim Barksdale, president and CEO of Netscape Communications; Jim
- Bidzos, president and CEO of RSA Data Security; Tim Krauskopf, V.P. and
- co-founder of Spyglass Inc.; Kenneth Dam, chairman of the National
- Research Council; Douglas J. McGowan, director of the SmartCard Alliance
- for Hewlett-Packard; Computer Systems Policy Project representative
- (invited); Joe Holmes, chief technology officer for EDS; Joel S. Lisker,
- senior V.P. for security and risk management at MasterCard; Danne
- Buchanan, president of Zion's Data Services Company; Jack Valenti,
- executive director of the Motion Picture Association of America; Aharon
- Friedman, chairman, founder and chief technical officer of Digital
- Secured Networks Technology Inc.; Steve Case, president and CEO of
- America Online (invited); and Robert Bigomy, senior V.P. and director of
- strategic marketing, government and space technology group, for Motorola.
-
- Burns said the focus of the hearing is on commerce and business
- issues. He said a second hearing, which will focus on privacy, law
- enforcement and national security issues, is scheduled in his
- subcommittee on June 26.
-
- The bipartisan Pro-CODE bill would ease export restrictions on
- computer security, or "encryption," for software and hardware. It would
- also prohibit mandatory systems in which users or companies would have to
- place a code-breaking "key" in the hands of a third party.
-
- # # #
-
- --------------------------------------------------------------
- HOW TO RECEIVE CRYPTO-NEWS
-
- To subscribe to crypto-news, sign up from our WWW page (http://www.crypto.com)
- or send mail to majordomo@panix.com with "subscribe crypto-news" in the body
- of the message.
- ----------------------------------------------------------------
- PRESS CONTACT INFORMATION
-
- Press inquiries on Crypto-News should be directed to
- Shabbir J. Safdar (VTW) at +1.718.596.2851 or shabbir@vtw.org
- Jonah Seiger (CDT) at +1.202.637.9800 or jseiger@cdt.org
-
- ------------------------------
-
- Date: Fri, 24 May 1996 13:32:58 -0700
- From: Alan Lewine <alewine@dcez.com>
- Subject: File 4--Re: Virtual Magistrate Decision
-
- I attended the National Association for Automated Information
- Research conference on Online Disp[ute Resolution at which the
- Virtual Magistrate decision was announced. I have posted the Virtual
- Magistrate decision in full text to Declan for posting to this list.
- Here is a brief summary of the decision as I see it. (Incl. relevant
- portions of the America Online Terms of Service (TOS) and Rules of
- the Road (RoR) - part of the contract between AOL and its members.
- full text of the decision is available at
- http://vmag/law.vill.edu:8080/ .
-
- AOL voluntarily participated in the first arbitration proceding on
- the Internet through the Virtual Magistrate (VM), which involved a
- challenge against a spammer, E_mail America, distributing junk mail
- on the AOL network. Although the VM does not have any legal
- enforcement power, the establishment of an Internet protocol
- prohibiting spammingmay provide persuasive authority to cite in
- future legal procedings. VM released its decision 21 May. The
- decision along with the complaint and all associated materials are
- available thru the VM web site. the decision involved three parties:
- an actor - E-mail America (who never responded to invitations to
- participate), a complainant - Jim Tierney, a former state Attorney
- General and AOL subscriber, and a sysop - AOL. It took the form of
- an "in rem" (involving a thing, rather than person(s)) proceding
- against a screenname and an associated e-mail advertisement. Perhaps
- a proceding against such cyberspacial entities would be better
- termed "in meme" than "in rem."
-
- Virtual Magistrate Decision
-
- Paragraph 4(a) of the TOS addressing content may be read as
- addressing content generally, whether or not it originates within
- AOL. Therefore , because AOL is not a public forum or common
- carrier, the determinatio n of what is offensive is within the
- subjective purview of AOL. AOL may appropriately consider system
- limitations internet custom and practice, and especially customer
- complaints
-
- While AOL does not pre-screen content, blocking of a repetitive
- message that has been post-screened at least once would not violate
- the no pre-screening promise in the TOS.
-
- See also relevant passages in TOS and RoR: TOS 2.5: Prohibits
- online conduct by members that inhibit other member use or enjoyment
- TOS 4.2 AOL Inc. reserves the right to prohibit conduct . . . harmfu
- l to individual members.
-
- RoR 2.C. Online Conduct prohibited or discouraged includes
- harassment, impersonation and especially, (viii) unsolicited
- advertising.
-
-
- Fromthe Rules of the Road and Terms of Service, contractual AOL
- documents:
-
- << RULES OF THE ROAD
- <<2.C. Online Conduct. Please refer to Section 2.5 of the Terms of
- Service Agreement for AOL Inc. policy on impermissible types of online
- conduct. Below are some common violations of the Terms of Service. This
- list is not exhaustive. AOL Inc. reserves the right, but does not assume
-
- the responsibility, to restrict communication which AOL Inc. deems in its
- discretion to be harmful to individual Members, damaging to the
- communities which make up the AOL Service, or in violation of AOL Inc.
- or any third-party rights. Please be aware, however, that communication
- over the AOL Service often occurs in real-time, or is posted on one of
- the AOL Service thousands of message boards or libraries, and AOL Inc.
-
- cannot, and does not intend to, screen communication in advance.
-
- (i) Offensive Communication. The AOL Service is a
- community-oriented service composed of many different communities of
- people. Our goal is to provide an interesting, stimulating and fun place
-
- for all Members. Using vulgar, abusive or hateful language undermines
- this goal and is not allowed. Please use your best judgment and be
- respectful of other Members. . . .
-
- (ii) Harassment. When a Member targets another specifically to
- cause him/her distress, embarrassment, unwanted attention, or other
- discomfort, this is harassment. AOL Inc. does not condone harassment in
- any form and may suspend or terminate the accounts of any Member who
- harasses others. You may have a disagreement with someone's point of
- view -- we encourage lively discussion in our chat rooms and message
- boards -- but personal attacks, or attacks based on a person race,
- national origin, ethnicity, religion, gender, sexual orientation or other
-
- such affiliation, are prohibited. If you have a disagreement with
- someone's point of view, address the subject, not the person.
-
- (v) Impersonation. This can involve the portrayal of an account
- in an official capacity, such as AOL Inc. staff or an information
- provider, authorized Guide or Host, or communication under a false name
- or a name that you are not authorized to use. Members must avoid the
- portrayal of AOL personnel or others persons in all forms of online
- communication, including, but not limited to, screen names, member
- profiles, chat dialogue and message postings.
-
- (viii) Advertising and Solicitation. You may not use the AOL
- Service to send unsolicited advertising, promotional material, or other
- forms of solicitation to other Members except in those specified areas
- that are designated for such a purpose (e.g., the classified area).
-
-
- <<RULES OF THE ROAD
-
- <<D. Third-Party Content and Information.
-
- Because AOL Inc. encourages open and candid communication, it
- cannot determine in advance the accuracy of Content transmitted on the
- AOL Service. AOL is not responsible for screening, policing, editing, or
-
- monitoring such Content. If notified of allegedly infringing,
- defamatory, damaging, illegal or offensive Content, AOL Inc. may
- investigate the allegation and determine in good faith and in its sole
- discretion whether to remove or request the removal of such Content from
- the AOL Service. AOL Inc. shall be held harmless from any performance or
-
- non-performance by AOL Inc. of such activities, as long as it has acted
- in good faith.
-
- <<RULES OF THE ROAD
-
- <<4. Public and Private Communication
-
- The AOL Service offers Members the capability to communicate in
- Public Areas generally accessible to other Members or to communicate
- privately with another Member. Public Areas are those features that are
- generally accessible to other Members, such as, but not limited to, chat
- rooms, online forums, and message boards. Private Communication is
- electronic correspondence sent or received by you to particular
- individuals. AOL Inc. will maintain the AOL Service Public Areas as an
- open forum for discussion of a wide range of issues and expression of
- diverse viewpoints. AOL Inc. will administer standards of online conduct
-
- according to its TOS for the enjoyment of all its Members. While we will
-
- endeavor to monitor the Public Areas to ensure that online standards are
- being maintained, AOL Inc. has neither the practical capability, nor does
-
- it intend, to act in the role of Big Brother by screening public
- communication in advance.
-
- It is AOL Inc. policy to respect the privacy of personal
- electronic communication. AOL Inc. will not intentionally inspect the
- contents of an electronic message (E-Mail or Instant Message) s
- ent by
- one Member to another individual, monitor discussions in private rooms,
- or disclose the contents of any personal electronic communication to an
- unauthorized third party, except as required or permitted to do so by
- law. AOL Inc. reserves the right to cooperate fully with local, state,
- or federal officials in any investigation relating to any Content,
- including private electronic communication, transmitted on the AOL
- Service or the unlawful activities of any Member.
-
- AOL Inc. reserves the right to remove any Content that it deems
- in its sole discretion to be a violation of its Terms of Service. AOL
- Inc. may terminate immediately any Member who misuses or fails to abide
- by its Terms of Service.
-
- <<TERMS OF SERVICE
-
- <<2.5 Online Conduct. Any conduct by a Member that in AOL Inc.
- discretion restricts or inhibits any other Member from using or enjoying
- the AOL Service will not be permitted. Member agrees to use the AOL
- Service only for lawful purposes. Member is prohibited from posting on
- or transmitting through the AOL Service any unlawful, harmful,
- threatening, abusive, harassing, defamatory, vulgar, obscene, profane,
- hateful, racially, ethnically or otherwise objectionable material of any
- kind, including, but not limited to, any material which encourages
- conduct that would constitute a criminal offense, give rise to civil
- liability or otherwise violate any applicable local, state, national or
- international law.
-
- <<4.2 AOL Inc. reserves the right to prohibit conduct, communication, or
-
- Content which it deems in its discretion to be harmful to individual
- Members, the communities which make up the AOL Service, AOL Inc. or
- other third-party rights, or to violate any applicable law.
- Notwithstanding the foregoing, neither AOL Inc. nor its Information
- Providers have the practical ability to restrict conduct, communication
- or Content which might violate its TOS prior to transmission on the AOL
- Service, nor can they ensure prompt editing or removal of questionable
- Content after on-line posting. Accordingly, neither AOL Inc. nor any
- Information Provider shall assume liability for any action or inaction
- with respect to conduct, communication or Content on the AOL Service.
-
- <<4.3 AOL Inc. will not intentionally monitor or disclose any private
- electronic communication unless permitted or required by law. AOL Inc.
- may terminate immediately without notice any Member who misuses or fails
- to abide by the TOS, including, without limitation, misuse of the
- software libraries, discussion boards, E-Mail, or conference areas.
-
- ------------------------------
-
- Date: Sat, 8 Jun 1996 14:33:00 -0400 (EDT)
- From: "Declan B. McCullagh" <declan+@CMU.EDU>
- Subject: File 5--Re: Gore "against censorship"???
-
- I came across this article earlier this morning and asked some friends
- at MIT if they had the text of Gore's speech. I didn't see any coverage
- of this on the Boston Globe's web site.
-
- -Declan
-
- ---------- Forwarded message begins here ----------
-
- CAMBRIDGE, Mass (Reuter) - Vice President Al Gore said
- Friday society should not resort to ``unwarranted censorship''
- on the Internet as an overreaction to protect children from
- objectionable material in cyperspace.
- In a commencement address at the Massachusetts Institute of
- Technology, Gore said government had to assist parents in
- protecting their children from exposure to such material.
- ``But let me also state my clear and unequivocal view that a
- fear of chaos cannot justify unwarranted censorship of free
- speech, whether that speech occurs in newspapers, on the
- broadcast airwaves -- or over the Internet.''
- ``Our best reaction to the speech we loathe is to speak out,
- to reject, to respond, even with emotion and fervor, but to
- censor -- no. That has not been our way for 200 years, and it
- must not become our way now,'' he said.
-
- [...]
-
- In his address at the MIT, Gore stressed the gulf separating
- society and science, a theme students had suggested in e-mail
- messages to the vice president. He said new technologies
- initially break down stable patterns and ``then new ones emerge
- at a higher degree of complexity.
- ``Societies are vulnerable to misinterpreting the first
- stage as a descent into chaos and then overreacting with the
- imposition of a rigid, stagnating order,'' Gore told the 2,000
- graduates in an outdoor ceremony.
-
- ------------------------------
-
- From: blackbox@BBOX.COM
- Subject: File 6--FW: NSA Monitoring Internet?
- Date: Thu, 30 May 1996 09:29:22 -0700
-
- <list of headers snipped>
-
- Date--96-05-27 03:14:00 EDT
- From--proteios@iuc.org (El Tiburon)
-
- =-=_=-=_=-=_=-=_=-=_=-=_=-=_=-=_=-=_=-=
- NorthStar
- A Guiding Light on Internet Issues
-
- Newsletter of the Internet Users Consortium
- =_=-=_=-=_=-=_=-=_=-=_=-=_=-=_=-=_=-=_=
- To heighten the NorthStar experience, subscribe to the HTML Version of
- NorthStar.
-
- NorthStar is a guiding light to help you focus on the primary issues
- which threaten our Internet Freedom. In this Newsletter we let Internet
- Users know what the necessary issues and actions are to defend the Internet.
- We sincerely invite your participation at all levels, from discussion to
- action.
- Rethink what Activism means - Isn't it just participation?
-
- NorthStar #18 Sunday 5/26/96
- Director..........proteios@iuc.org
- Editor..............wtj@primenet.com
- Author............proteios@iuc.org
- Research........peads@nilenet.com
-
- +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
- NEVER SAY NEVER . . . but . . . We at NorthStar
- believe so strongly in these principles that we make the
- following pledge to you, our reader and fellow Internet Activist:
- NorthStar will NEVER sell/rent/trade/share our mailing list
- NorthStar will NEVER use Government mandated encryption
- NorthStar will NEVER represent any commercial interest
- NorthStar will NEVER cooperate with any Government intrusion
- +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
-
- The National Security Administration is Poised to Control the Internet
-
- The oppressive atmosphere of Orwell's 1984 arises from the omnipresence of
- Big Brother, the symbol of the government's concern for the individual. Big
- Brother controls the language, outlawing words he dislikes and creating new
- words for his favorite concepts. He can see and hear nearly everything -
- public or private. Thus he enforces a rigid code of speech and action that
- erodes the potential for resistance and reduces the need for force. As Noam
- Chomsky says, propaganda is to democracy what violence is to
- totalitarianism. Control thoughts, and you can easily control behavior.
-
- U.S. history affords a prime example in the era named after Senator Joseph
- McCarthy, though he had many supporters in his attack on freedom of thought
- and speech. Perhaps his most powerful friend was J. Edgar Hoover, who fed
- him material from FBI files (some of it true) which he used to attack
- individuals for their supposed political leanings. By the time of
- Watergate, the CIA had become at least as notorious as the FBI, due largely
- to its assassinations of foreign leaders and support for military coups
- around the world.
-
- Now its the 90's. A computer revolution seems to be happening and with it a
- dramatic increase in people using the Internet, as well as people watching
- what the people use it for. Ever heard of the NSA? This could very well be
- the NSA decade for the Internet. Conspiracy, power struggles and
- survellience of the citizenry may be what is remembered about the NSA
- during this period of time. I used to think democracy meant people keeping
- a watchful eye on its government, not its government keeping a watchful eye
- on its people. Today we can now see comparisons being drawn between the FBI
- of the 50s and the CIA of the 60s, the obvious government corruption in the
- 70s, Reagan in the 80s (sorry - that was just incompetence), and the
- emerging role of the NSA in the 90s.
-
- Is NSA Sniffing the Internet? Do they have the jurisdiction? Lets take a
- look back and see what they are all about and make an educated hypothesis.
-
- Budgetary authority for the National Security Agency (NSA) apparently comes
- from the Central Intelligence Act of 1949. This act provides the basis for
- the secret spending program known as the black budget by allowing any arm
- of the government to transfer money to the CIA "without regard to any
- provisions of the law," and allowing the CIA to spend its funds as it sees
- fit, with no need to account for them.
-
- Congress passed the C.I.A. Act despite the fact that only the ranking
- members of the Senate and House Armed Services Committees knew anything
- about its contents; the remaining members of Congress were told that open
- discussion, or even clear explanation, of the bill would be
- counterproductive. There were complaints about the secrecy; but in the end
- the bill passed the House by a vote of 348-4, and the Senate by a majority
- voice vote. Hmmmm, it seems several legislative disasters have occurred by
- landslides. Anyone remember the Telecommunication Attack of 1996?
-
- The NSA's estimated $10 billion annual allocation (as of 1990) is funded
- entirely through the black budget. Thus Congress appropriates funds for the
- NSA not only without information on the agency's plans, but without even a
- clear idea of the amount it appropriates; and it receives no accounting of
- the uses to which the funds were put. This naturally precludes any debate
- about the direction or management of such agencies, effectively avoiding
- public oversight while spending public funds. Weiner notes the analogy to
- "Taxation without representation." In any respect, it seems to be
- unconstitutional - a major point that has failed to stop them.
-
- "The NSA has also spent a great deal of time and money spying on American
- citizens. For 21 years after its inception it tracked every telegram and
- telex in and out of the United States, and monitored the telephone
- conversations of the politically suspect." (Weiner, Blank Check)
-
- Due to its unique ability to monitor communications within the U.S. without
- a warrant, which the FBI and CIA cannot legally do, NSA becomes the center
- of attempts to spy on U.S. citizens. Nominally this involves only
- communications in which at least one terminal is outside the U.S., but in
- practice target lists have often grown to include communications between
- U.S. citizens within the country. And political considerations have
- sometimes become important. Oh yeah, I forgot to mention that in the NSA's
- Charter they claim to be unable to spy on US citizens. Apparently, the real
- charter is as elusive as what they do with taxpayer money.
-
- The Huston Plan, formally known as "Domestic Intelligence Gathering Plan:
- Analysis and Strategy," was submitted in July 1970 to President Nixon. The
- goal of the plan was to relax some restrictions on intelligence gathering,
- apparently those of NSCID No. 6. Some parts of the intelligence community
- felt that these relaxations would assist their efforts.
-
- Like most intelligence agencies, the NSA uses words such as "interrupt" and
- "target" in a technical sense with a precise but often classified
- definition. This specialized language makes it difficult to legislate or
- oversee the activities involved. For instance, in NSA terms a conversation
- that is captured, decoded if necessary, and distributed to the requesting
- agency is not considered to be the product of eavesdropping unless one of
- the parties to the conversation is explicitly targeted. However, the NSA
- does not depend on semantic defences; it can also produce some legal
- arguments for exempting itself from normal requirements. How convenient.
-
- For those who feel your lives are too flawless to be affected, or for those
- of you who actually vote Republican or Democrat thinking the change will
- come from within (nice try), and for the lowest common denominator -
- dittoheads, this is not a good thing. Complete control over a secret agency
- with at least 60,000 direct employees, a $10 billion budget, direct command
- of some military units, and the ability to read all communications would be
- an enormous weapon with which to maintain tyranny were it to arise. A
- President with a Napoleonic or Stalinistic delusion would find the perfect
- tool for the constant supervision of the individual by the state in the
- NSA; not unlike scenarios depicted in novels such as Orwell's 1984.
-
- ====================================
- 1) NSA Homepage
- http://www.nsa.gov:8080/
-
- 2) NSA Can Break PGP Encryption
- http://www.quadralay.com/www/Crypt/NSA/break-pgp.html
-
- 3) Houston Chronicle Interview
- http://www.quadralay.com/www/Crypt/NSA/letter.html
-
- 4) Original Charter of the National Security Agency
- http://www.quadralay.com/www/Crypt/NSA/charter.html
-
- 5) CFP'92 - Who Holds the Keys?
- http://www.cpsr.org/dox/conferences/cfp92/denning.html
-
- ====================================
-
- Americans would not have any privacy left, such is the capability to
- monitor everything: telephone conversations, telegrams, or in our case
- email, it doesn't matter. There would be no place to hide. If this
- government ever became a tyranny, if a dictator ever took charge in this
- country, the technological capacity that the intelligence community has
- given the government could enable it to impose total tyranny. There would
- be no way to fight back because the most careful effort to combine together
- in resistance to the government, no matter how privately it was done, is,
- and would continue to be, within the reach of the government to know. Such
- is the capability of this technology ...
-
- I don't want to see this country ever go across the bridge. I know the
- capability that is there to make tyranny total in America, and we must see
- to it that this agency and all agencies that possess this technology
- operate within the law and under proper supervision, so that we never cross
- over that abyss. That is the abyss from which there is no return...
-
- So, is the NSA 'sniffing' on the Internet? Does their reputation seem
- worthy of our trust and respect? Lets take a look at some of their recent
- plans for Internet communication. Then you can decide for yourself if you
- want to watch the magic act....the "now you see it....now you don't" act
- starring Freedom, of course.
-
- Puzzle Palace co-author Wayne Madsen, in an article written for the June
- 1995 issue of Computer Fraud & Security Bulletin (Elsevier Advanced
- Technology Publications), wrote that "according to well-placed sources
- within the Federal Government and the Internet service provider industry,
- the National Security Agency (NSA) is actively sniffing several key
- Internet router and gateway hosts."
-
- Madsen says the NSA concentrates its surveillance on destination and
- origination hosts, as well as "sniffing" for specific key words and
- phrases. He claims his sources have confirmed that the NSA has contracted
- with an unnamed private company to develop the software needed to capture
- Internet data of interest to the agency.
-
- According to Madsen, the NSA monitors traffic primarily at two Internet
- routers controlled by the National Aeronautics and Space Administration
- (NASA), one in College Park, MD (dubbed "Fix East") and another at NASA
- Ames Research Center in Sunnyvale, CA ("Fix West").
-
- Other NSA Internet sniffers, he said, operate at busy routers known as Mae
- East (an East Coast hub), Mae West (a West Coast hub), CIX reportedly based
- in San Jose), and SWAB (a northern Virginia router operated by Bell
- Atlantic).
-
- Madsen continues on to say the NSA may also be monitoring traffic at
- network access points (NAPs), the large Internet gateways operated by
- regional and long-distance service providers. The NAPs allegedly under
- surveillance are in Pennsauken, NJ (operated by Sprint), Chicago (run by
- AmeriTech and Bell Communications Research), and San Francisco (Pacific
- Bell).
-
- Madsen claims the NSA has deals with Microsoft, Lotus, and Netscape to
- prevent anonymous email. "One senior Federal Government source has reported
- that NSA has been particularly successful in convincing key members of the
- US software industry to cooperate with it in producing software that makes
- Internet messages easier for NSA to intercept, and if they are encrypted,
- to decode," Madsen wrote. "A knowledgeable government source claims that
- the NSA has concluded agreements with Microsoft, Lotus and Netscape to
- permit the introduction of the means to prevent the anonymity of Internet
- electronic mail, the use of cryptographic key-escrow, as well as software
- industry acceptance of the NSA-developed Digital Signature Standard (DSS)."
-
- Similarly, according to reports in several trade magazines, the Defense
- Messaging System (DMS) developed by the Pentagon is nearly ready for
- implementation, but prospective users are threatening to shun the universal
- e-mail platform unless Pentagon officials eliminate cumbersome security
- procedures designed by the NSA.
-
- DOD designed DMS a decade ago to replace the aging AUTODIN message system
- and to serve as the armed services' global e-mail infrastructure. Officials
- familiar with DMS' security features, which rely on the National Security
- Agency's Fortezza encryption card, said the system's slowness is likely to
- alienate users who send mostly unclassified messages over commercial e-mail
- systems. Users of wireless systems are also complaining about the high
- overhead.
-
- The DMS adopted the Fortezza card and is expected to implement over 450,000
- cards in the next few years. Inside sources note that the NSA is using the
- DMS as a justification for paying companies such as Microsoft and Netscape
- to adopt the Fortezza card as a standard for their products. NSA has pushed
- agencies such as the CIA, NASA, IRS and the Federal Reserve to adopt
- Fortezza without success.
-
- Cost is also a major factor. Fortezza's PCMCIA cards cost nearly $100 each
- and all computers must be equipped with a card reader that costs an
- additional $150. (Would you like to have to buy a modem or pre-assembled
- computer system that would make it easier for the NSA to monitor your
- communications? Not me!)
-
- Is the NSA really snooping on the Net? If they are, would that violate the
- agency's charter, which specifically prohibits it from spying within the
- US? "Well, Net traffic is routed from God knows where to God knows where
- around the world," says George Washington University Professor Lance
- Hoffman, a professor of Communications and Telecommunications Systems
- Policy at George Washington University. "So if the NSA is doing this, they
- could say they are not violating their charter not to spy in the US. That's
- the thing. Intelligent routers send stuff any which way."
-
- What can be done? - you say. There is a solution. Encryption. Next issue
- will discuss trap doors and your right to encryption as strong as you can
- make it.
-
- ====================================
- 6) The Agency That Came in from the Cold
- http://www.ams.org/committee/profession/shaker.html
-
- 7) The Codex Surveillance & Privacy Page
- http://www.thecodex.com/
-
- 8) Profiles of the U.S. Intelligence Community
- http://www.kimsoft.com/korea/usintel.txt
-
- 9) Intelligence and CounterIntelligence
- http://www.kimsoft.com/kim-spy.htm
-
- 10) The National Security Administration
- http://hops.cs.jhu.edu/~arvi/nsa.html
-
- *** proteios@indirect.com PLEASE send us any other relevant URLs you may
- find ***
- ====================================
-
- ----------------------------------------------------------------------------
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- ------------------------------
-
- Date: Thu, 21 Mar 1996 22:51:01 CST
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