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-
- Computer underground Digest Sun Jul 7, 1996 Volume 8 : Issue 51
- 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, #8.51 (Sun, Jul 7, 1996)
-
- File 1--About this Issue--From the "Fight-Censorship" List
- File 2--Re: Australian atty-general investigating Adelaide Inst.'s web site?
- File 3--Cube approves only restricted Net access
- File 4--Europeans fight a Net dominated by English
- File 5--Dutch clamp down on Internet child porn
- File 6--UK Encryption Bill (fwd)
- File 7--Response from Singapore on country's Net-regulations
- File 8--German computer blackmail attempts
- File 9--F-C Dispatch #16: DoJ files appeal, Supreme Court ho!
- File 10--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: Sun, 07 Jul 96 15:26 CDT
- From: Cu Digest <tk0jut2@mvs.cso.niu.edu>
- Subject: File 1--About this Issue--From the "Fight-Censorship" List
-
- This issue is devoted to snippets from Declan McCullagh's
- fight-censorship discussion group. It's by far the best
- discussion group for First Amendment issues on the Net for news
- and informed commentary about freedom of speech topics.
-
- To subscribe to future Fight-Censorship Dispatches and related
- announcements, send "subscribe fight-censorship-announce" in the
- body of a message addressed to:
- majordomo@vorlon.mit.edu
-
- ---------------------------------------------------------------------
-
- Date: Sat, 6 Jul 1996 11:37:25 -0700 (PDT)
- From: Declan McCullagh <declan@well.com>
- Subject: File 2--Re: Australian atty-gen invest'ing Adelaide Inst.'s web site?
-
- The messages I forwarded earlier earlier about the Simon Wiesenthal
- Center were accurate:
- http://fight-censorship.dementia.org/dl?num=3089
-
- The Center is up to its same old Internet scare-mongering. Below, Rabbi
- Cooper not only decries holocaust revisionists on the Net, he also reminds
- the Australian public that students can download bomb-making materials!
- (Obviously the state must censor libraries, wherein the same information
- can be found.)
-
- According to Cooper, this speech that he personally dislikes is why the
- Australian government must crack down on free expression online.
-
- More info on the SWC's other previous net-censorship attempts, including
- links to ACLU and CDT reports, is at:
- http://www.gsia.cmu.edu/andrew/ml3e/www/Not_By_Me_Not_My_Views/censorship.html
-
- -Declan
-
-
- >The Advertiser,
-
- Saturday, July 6, 1996 >Internet target of Nazi hunters >By Anthony Keane
-
- >
- >A controversial Adelaide-based Internet site is being investigated by the
- >Federal Government.
- >
- >Holocaust-denial group the Adelaide Institute is one of two groups that have
- >been targeted by international Nazi hunters, the Simon Wiesenthal Centre.
- >
- >A spokesman for the Attorney-General, Mr Daryl Williams, said yesterday the
- >Government had received a letter from the Simon Wiesenthal Centre in Los
- >Angeles calling for an investigation into whether the Internet site breached
- >any local laws.
- >
- >"We are investigating the claims made by the Simon Wiesenthal Centre," he said.
- >
- >The letter says the centre has "identified over 100 different Web sites
- >which promote racist violence, mayhem and terrorism".
- >
- >"Two Australian Web sites have come to the attention of researchers at the
- >Wiesenthal Centre," it says.
- >
- >The Advertiser yesterday logged into the Adelaide Institute site. Excerpts
- >included:
- >
- >"We reject outright that a questioning of the alleged homicidal gas chamber
- >story constitutes 'hate talk', is 'anti-Semitic', 'racist' or even
- >'neo-Nazi' activity.
- >
- >"We are a group of individuals who are looking at the Jewish-Nazi Holocaust,
- >in particular we are investigating the allegation that Germans
- >systematically killed six million Jews...."
- >
- >"We at the Adelaide Institute believe that those who level the homicidal
- >gassing allegations at the Germans owe it to the world to come up with
- >irrefutable evidence that this happened."
- >
- >The other Internet site under investigation, called Al-Moharer Al-Australi,
- >is based in Melbourne.
- >
- >Adelaide Institute director Dr Fredrick Toben said he would welcome the
- >Federal Government investigation.
- >
- >"But we would also like them to investigate the Simon Wiesenthal Centre and
- >the tradition it comes from, namely the Babylonian Talmud, which is the
- >moral and legal foundation of modern Judaism," he said.
- >
- >"The Babylonian Talmud is anti-gentile, anti-Christian, against everything
- >non-Jewish and it is full of hate.
- >
- >"The Adelaide Institute has put in a complaint to the Attorney-General's
- >Department that the Babylonian Talmud contains hate literature and is
- >racist, is full of bigotry, is offensive to everyone not Jewish, especially
- >to Christians and to every decent Jew who believes in the equality of
- >humankind, and it needs investigation,"
- >
- >SA Jewish Community Council president, Mr Norman Schueler, said: "Anything
- >that tries to rewrite history is not on, so we therefore welcome an
- >investigation.
- >
- >"As far as we are concerned, the Adelaide Institute has promoted things that
- >are incorrect and are inconsistent with established fact."
- >
- > ==========
- >
- >The Courier-Mail (Brisbane) Friday, July 5, 1996
- >
- >Jews trace cyberspace 'hatred' to Australia
- >
- >By Rodney Chester and Rory Callinan
- >
- >The Federal Government is investigating two controversial Australian-based
- >anti-semitic Internet sites after an alert from international Nazihunters,
- >the Simon Wiesenthal Centre.
- >
- >The centre, renowned for its dogged pursuit of hundreds of Nazi war
- >criminals, detected the controversial sites as it followed the trail of
- >far-right groups into cyberspace.
- >
- >After locating the sites earlier this year, the centre wrote to the
- >Australian Embassy in Washington calling on the Attorney-General to
- >investigate if the sites breached any local laws.
- >
- >The sites, one calling itself Adelaide Institute says: "We are a group of
- >individuals who are looking at the Jewish-Nazi holocaust.
- >
- >"We are worried about the fact that to date it has been impossible to
- >reconstruct a homicidal gas chamber."
- >
- >Al Moharer Al-Australi says it "wants to challenge all forms of New World
- >Order conditioning and thought control".
- >
- >Wiesenthal Centre associate dean Abraham Cooper, speaking from its Los
- >Angeles headquarters, said many "hate" groups around the world had taken to
- >the Net in the past 18 months to reach a potential audience of 40 million.
- >
- >Rabbi Cooper said there were about 100 Web sites around the world promoting
- >"hatred and mayhem".
- >
- >"It is an unprecedented but powerful tool that not only can be used for
- >good but also be used for evil," he said.
- >
- >"Our experience has been that the authorities don't even understand the
- >technology that well."
- >
- >Rabbi Cooper said there had been numerous cases in the United States where
- >"very bright" students had down-loaded bomb-making recipes off the net.
- >
- >One science teacher in Miami "was about one second away from blowing up both
- >himself and his school", he said.
- >
- >The centre, which uses the Web to promote its own cause, has set up a
- >cuberwatch programme "not because we are opposed to computers but because
- >we're committed to human rights."
- >
- >Adelaide Institute director Fredrick Toben said last night: "We would
- >welcome any investigation.
- >"But we would also like them to investigate Rabbi Cooper and the tradition
- >that he comes from, namely from the Babylonian Talmud which is the ethical
- >base that he operates on.
- >"It is used by certain members of the Jewish community as a guide and the
- >Babylonian Talmud is full of filth and hatred so let him (the Rabbi) cast
- >the first stone."
- >
- >A spokesman for federal Attorney-General Darrel Williams confirmed the
- >office had received the letter and claims were being investigated.
- >
- >Queensland Jewish Board of Deputies president Laurie Rosenblum said he
- >regularly received complaints from Queenslanders about material on the
- >Internet.
- >
- >He said there was urgent need to censor the Net.
- >
- >"The problem is that you have got this technology where some extremist
- >organisation can print out stuff and transpose it and then hand it out or
- >publish it in a newsletter," he said
- >
- >The Australian Broadcasting Authority is expected to release its guidelines
- >on control of the Internet today.
-
- ------------------------------
-
- Date: Fri, 21 Jun 1996 01:49:09 -0400 (EDT)
- From: "Declan B. McCullagh" <declan+@CMU.EDU>
- Subject: File 3--Cube approves only restricted Net access
-
- June 20, 1996
-
- HAVANA (Reuter) - Cuban authorities have approved access to
- the Internet and other global information networks but will
- limit such access according to national interests, official
- media said Thursday.
- The ruling Comunist Party newspaper Granma said regulations
- adopted earlier this month outlined the need for access to
- Internet and other world information networks, while observing
- interests such as ``defense and national security.''
- The policy of establishing who had access would be defined
- by Cuba's interests, giving priority to individuals and bodies
- with most relevance to the country's life and development, the
- newspaper said.
- It did not specify who such people might be, but they are
- likely to come from approved state organizations and academic
- and research centres.
- Information divulged from such global networks should be
- trustworthy and in line with Cuba's ``ethical principles'',
- Granma said.
- A committee regulating the policy on global information
- networks would be drawn from ministries that will include the
- Interior Ministry, the Justice Ministry and the Armed Forces
- Ministry, Granma said.
-
- ------------------------------
-
- Date: Fri, 21 Jun 1996 22:19:47 -0400 (EDT)
- From: "Declan B. McCullagh" <declan+@CMU.EDU>
- Subject: File 4--Europeans fight a Net dominated by English
-
- [While note exactly net-censorship, I'll still link this in to:
- http://www.cs.cmu.edu/~declan/international/ --Declan]
-
-
- BRUSSELS, BELGIUM, 1996 JUN 21 (NB) -- The European Commission (EC) is
- urging its members to make sure that English, which already has a
- strong position on the World Wide Web, does not become the de facto
- language of European online services and Internet systems.
-
- According to Nana Mouskouri, Euro Member of Parliament (MP) and
- perhaps best known as the Greek singer of the smash hit of the 1960s,
- "Never on a Sunday," the danger is much more than simply seeing
- languages other than English falling into disuse on the Internet.
-
- [...]
-
- "I think it's essential that we protect that cultural heritage and
- make sure that it's not destroyed by the information society which
- would then be an information society with no content," she said.
-
- So far, Mouskouri's campaign has received only the support from the
- EC, but there is a possibility that the EC could well turn the support
- into a full fledged campaign, backed by European legislation,
- something that could have some serious effects on the future of the
- Web in Europe.
-
- (Sylvia Dennis/19960621/Press & Reader Contact: European Commission
- +32-2-299-1111)
-
- ------------------------------
-
- Date: Fri, 21 Jun 1996 01:46:50 -0400 (EDT)
- From: "Declan B. McCullagh" <declan+@CMU.EDU>
- Subject: File 5--Dutch clamp down on Internet child porn
-
- Interesting concept... -Declan
-
- ---
-
- June 20, 1996
-
- THE HAGUE, Netherlands (Reuter) - Dutch Justice Minister
- Winnie Sorgdrager Thursday opened an Internet site where surfers
- on the world-wide web could report child pornography.
- ``The web-site provider will ask the issuer to remove the
- child pornography from the Internet and will report them to the
- police if they fail to do so,'' she said at the opening of the
- site, a self-regulatory service from Internet access providers.
- Child pornography is prohibited under Dutch law and
- offenders face jail terms of up to four years.
- Sorgdrager said Dutch input on the Internet formed only a
- tiny part of the total. The fight against child pornography
- would only succeed if other European Union member states adopted
- the idea.
- The Dutch foundation of Internet providers, which maintains
- the web-site, said it expected a speedy removal of pornography.
- ``In the start-up phase we tested the method on a Dutch
- distributor of child pornography who immediately stopped
- publishing images,'' said chairman Felipe Rodriguez.
- ``The web-site will eliminate all on-line child pornography
- sent from the Netherlands,'' he said.
- Germany has recently acted against child pornography and
- racism on the Internet by banning entire discussion groups. This
- method is criticised by web-devotees who say that this violates
- their right to free speech.
-
- ------------------------------
-
- Date: Fri, 14 Jun 1996 14:10:02 -0500 (CDT)
- From: Computer underground Digest <cudigest@SUN.SOCI.NIU.EDU>
- Subject: File 6--UK Encryption Bill (fwd)
-
- ((MODERATORS' NOTE: The original headers of this fowarded post were
- deleted in the compilation process. Apologies to the sender -- jt))
-
- ========
-
- The following was published yesterday in the Engineer magazine in the
- UK under the headline 'DTI plans for secure telecoms' -
-
- ----------------------------
-
- "The government has recommended licensing 'trusted third parties' as
- conduits of encrypted information sent over public networks.
-
- In a white paper published this week, the Department of Trade and Industry
- has floated the plan of offering licenses to software firms 'known to be
- trustworthy'.
-
- 'It is not the intention of the government to regulate the private use of
- encryption' says the white paper. 'It will, however, ensure that
- organisations and bodies wishing to provide encryption services to the
- public will be appropriately licensed.'
-
- Licensed organisations would allow compamies to send sensitive information
- to customers or other offices. It would, for instance, allow users of the
- Internet to send credit card details without the fear of them being picked
- up by a hacker. 'Secure electronic commerce between parties will become
- possible because they will have confidence in the security andintegrity of
- their dealings,' says the paper.
-
- Issues to be resolved include a 'common architectural framework' across
- countries, so information can be safely transmitted across boundaries."
-
- ------------------------------
-
- Date: Sun, 23 Jun 1996 10:42:50 -0700 (PDT)
- From: Declan McCullagh <declan@well.com
- Subject: File 7--Response from Singapore on country's Net-regulations
-
- [Forwarded with permission. --Declan]
-
- ---------- Forwarded message ----------
- Date--Mon, 24 Jun 1996 00:54:24 +-800
- From--tankh@singnet.com.sg
- Subject--Singapore Internet Regulations
-
- Dave Farber recently returned from a trip to Asia and has been sending
- recollections to IP. Read the second half of his note for this graf:
-
- "the Singapore Government is about to publish network content
- regulations which ban provider in Singapore from offering material which
- is considered offensive to the culture. ISPs (which are only 3 in number
- at this time) will be also required to block international URLs which
- lead to
- sites which contain such offensive information."
-
- I fear Singapore has taken the lead internationally in restricting online
- speech. Some of the reports I have at
- <http://www.cs.cmu.edu/~declan/international/:
-
- ...
- - -Declan
-
- Dear Declan,
-
- I appreciate your material on the Internet but I must say that there are
- several aspects of your latest post (repeating some of David Farber's
- material) on Singapore's Internet Regulations that I feel need to be
- clarified in the interest of a informed discussion. This is a long note
- so those who are not interested have my sincere apologies in advance.
-
- (1) There are 3 IASPs (Internet Access Service Providers) in Singapore
- and these are licenced to operate. I think the number of IASPs will not
- be allowed to proliferate. Before anyone gets on to a soapbox about how
- wonderful healthy competition is and that IASPs should be allowed to
- propagate like wildflowers, consider the following:
-
- * Singapore is a very small market. There is a population of 3 million
- and geographically, its only about the size of Manhattan island.
-
- * The startup costs of IASPs is not insubstantial. Apart from the
- hardware there is the need for an International Leased Circuit for
- Internet access. T1 lines and up cost a fair bit. A lot of the
- equipment have short lifespan. For example, I think hundreds of 14.4
- modems had to be dumped to put in 28.8 ones last year.
-
- * Having invested such amounts into their infrastructure, it is only
- sensible that existing IASPs have some measure of protection from a
- free-for-all market.
-
- * Existing IASPs are able to offer fairly competitive prices (bearing in
- mind the high costs of the ILC to the US). Internet accounts are about
- $9.95 per month (US$6) for the first 12 hours and then $2.50 per hour
- (abt US$1.8). Service quality is also decent. One of my IASPs, for
- example, has more than a thousand phone lines for dial-up access, with a
- ration of dial-up lines to subscribers something in the region of 1:20.
- I believe this is considered to be very decent. Of course, IASPs in US
- can be much cheaper if ads in US Magazines are to be believed.
- Nonetheless, I think they are affordable in Singapore, and not unreasonable.
-
- In the premises, I think that the control of IASPs from proliferating is
- not necessarily a Bad Thing. Bear in mind also that there are no
- prequalifications or pre-registration requirements for holding Internet
- accounts. Anyone and everyone can apply to get a dial-up account.
- Better to have controls over the number of players in the market, and
- therefore assure certain service quality standards, than to allow a
- free-for-all with shoddy standards.
-
- (2) I think the position discussed by our policy makers is that sites
- with offensive materials should be blocked by IASPs. If policy makers
- determine what these sites are and inform IASPs accordingly, and the list
- is not too unmanageable from a technical point of view, this policy is
- also justifiable.
-
- HOWEVER, when you superimpose such a policy against a normative
- "standard" of freedom-for-all and unrestricted-access, then this policy
- would fall afoul of such a set of "norms." The thing is, that such a
- "norm" has never been accepted in Singapore, for better or for worse.
- The position is that controls on media are believed to be necessary.
- Whether or not you agree is not as important as the fact that such
- controls are in place and therefore, why not for the Internet?
-
- (3) I am not at all sure that its fair to say that "Singapore has taken
- the lead internationally in restricting online speech" -- If you look at
- all the materials on-line about restrictions imposed by various countries
- on the Internet, from Germany to France to the (mebbe, hopefully
- unsuccessful) CDA and all the other details in the recent Human Rights
- Watch report, it seems that the "norm" of free unhindered access to
- information on the Internet is honoured more in its breach than its
- observance. I have not read the "Singapore leader condemns Net" report
- that you have at your website recently and do not recall it much.
- However, I am able to say that on the whole, there is more or less
- acceptance of the Internet as a fact of today's society and
- communications network. Our policy makers have emphasised that they see
- the benefits of the Internet, but are ever watchful of some of the darker
- parts of the Internet.
-
- (4) Contrary to Charlie Mullins response, search engines do not have to
- go. If ultimately the search engine points to a place that is listed as
- prohibited e.g. www.websex.com (fictitious, at least I don't know of such
- a site), then the fact that the search engine points me to it does not
- ultimately allow me to access the site if the site is properly blocked
- (either IP level or whatever). However, as Declan pointed out in an
- earlier comment, it would be simple to have an overseas proxy serve out
- these web pages without it appearing as if the data came from the
- originating site.
-
- (5) Again Charlie Mullins is wrong if he thinks that it is intended that
- someone sift through millions of web pages. However, if a patently
- offensive web page is brought to the notice of the powers-that-be (by
- users or sheer notoriety), then the appropriate listing of the site as
- "banned" could be done.
-
- (6) The powers-that-be have also opined that they recognise that
- censorship will not be 100% effective, but that something *has* to be
- done if only to make a statement.
-
- Rgds,
-
- TAN Ken Hwee
- tankh@singnet.com.sg
-
- Disclaimer -- I write in my personal capacity only.
-
- ------------------------------
-
- Date: Wed, 3 Jul 1996 19:59:10 -0500
- From: Declan McCullagh <declan@well.com>
- Subject: File 8--German computer blackmail attempts
-
- --------------------------
-
- Date--Wed, 26 Jun 1996 13:35:25 +0100
- From--frank@artcom.de (Frank Rieger)
-
- The HERF-against-banks-story from the Sunday Times 3 weeks ago was somewhat
- overhyped and has a lack of facts.. I have collected some facts on real
- blackmail attempts performed in Germany on a much lower, but maybe
- comparable level.
-
- Since February 1996 until last week a person named Markus S=F6hnke
- Ungerb=FChler was calling German banks and corporations, claiming he was a
- member of the Chaos Computer Club and has hacked the corporate computer
- system. He claimed, that he has his hands on data that proves tax
- manipulations and other illegal activities of this company. He also claimed
- the hacking of several systems in main German press magazines like stern and
- Spiegel. Ungerb=FChler asked the banks and companies for paying him some
- 1000 Deutschmarks for giving them the data "back". Another scheme was to ask
- for payment for removing allegedly planted negative-stories from the press
- computers. As known by now all of some dozen companies and banks paid in
- panic reaction for avoiding any press coverage. Only a very, very small
- minority of victims asked the police for help - after paying. In several
- cases Ungerb=FChler handed out some disks with the "data" in exchange for
- the money. These disks were empty.
-
- Mr. Ungerb=FChler has escaped in February from an psychiatric hospital,
- where he was arrested cause of being an proven schizophrenic and
- blackmailer. He started his activities two days after his getaway. He based
- in London and operated via some Fax- and Voicemail boxes. The investigation
- of the case was difficult, cause none of the victims was willing to prove
- the identity of the blackmailer for the police etc. (Ungerb=FChler used to
- show money couriers from the banks his authentic passport to prove he is the
- right person to receive the money)
-
- He is definitely not a member of the Chaos Computer Club and is, as far as
- known by now, unable to hack into computer systems. He is simply a
- confidence trickster.
-
- The case shows, how fast and easy big companies pay, if they fear press
- coverage of real or alleged problems. They pay to everyone who believable
- claims to be _able_ to perform hacking or electronic attacks.
-
- In the light of this case, I could imagine, that around 40 banks in London
- City have paid for being not attacked by HERF - without the real prove, that
- the blackmailers own such weapons. There is a real huge amount of
- irrationality in computer security issues, especially in the financial
- sector. It seems like no one trusts his security measures. As I have learned
- in this case, these security-guys are thinking all the time in a worst-case
- manner and if the worst case occurs they are unable to react rational. You
- did not need Schwartau-style doomsday-weapons for getting lots of money - ou
- only have to be eloquent and know the right buzzwords. Finally the
- Ungerb=FChler-case was mainly fixed cause of massive activities of an
- well-known international security company paid by one of the victims, not
- cause of so good cooperation between police and the victims.
-
- Frank
-
- (source: partly from Der Spiegel 24.6.1996,
- http://eunet.bda.de/bda/int/spon/magazin/gesel02.html)
-
- ------------------------------
-
- Date: Tue, 2 Jul 1996 22:04:49 -0500
- From: Declan McCullagh <declan@well.com>
- Subject: File 9--F-C Dispatch #16: DoJ files appeal, Supreme Court ho!
-
- Fight-Censorship Dispatch #16
- ---------------
- Justice Department files appeal, Supreme Court ho!
- ---------------
- By Declan McCullagh / declan@well.com / Redistribute freely
- ---------------
-
- In this dispatch: Justice Department's appeal means long, tortuous process
- A mysterious "Order on Motion for Clarification"
- Text of Justice Department's Notice of Appeal
-
-
- July 2, 1996
-
- WASHINGTON, DC -- The Department of Justice yesterday appealed the
- Philadelphia court's decision striking down the Communications Decency
- Act, a move that sets the stage for a long, tortuous climb to the
- Supreme Court.
-
- The government's "Notice of Appeal" is a terse, two-page statement
- saying they "hereby appeal" the "Adjudication and Order entered June
- 12," the day the special three-judge panel unanimously declared the CDA
- to be unconstitutional and blocked the Justice Department from
- enforcing it.
-
- Next move is the DoJ's. They have until September 1 to file a
- "jurisdictional statement" arguing that the Supreme Court should hear
- their appeal.
-
- The Supreme Court doesn't automatically have to accept jurisdiction,
- notes Ann Beeson, an attorney with the ACLU. "The Supreme Court can
- still decline to exercise jurisdiction over the case," she says,
- adding: "They do not have the same kind of discretion they have in
- a cert petition."
-
- All the DoJ has to do is convince the Supremes that there's "still a
- substantial federal question," says Beeson. "If they're not convinced
- there is a question, they can decline the appeal."
-
- But by all accounts, there's precious little chance of that happening.
-
- After Justice files the jurisdictional statement, our attorneys have 30
- days to file a response -- and then when the next term begins on October
- 7, the Supremes will meet to discuss the case. (If the procedure is
- anything like granting cert, the votes will be cast in a secret
- conference attended only by the justices and the actual vote won't be
- disclosed.)
-
- The climb to the nation's highest court will be only partly over by
- then, since the court's decision to consider our case marks the start of
- the briefing schedule. The government will have 45 more days to file
- their arguments saying why the Philadelphia decision was wrong; we have
- 30 more days to rebut.
-
- If the Department of Justice -- hardly the speediest bureaucracy in DC
- -- uses all of their alloted time, the paperwork won't be complete
- until Christmas.
-
- And then the Supremes need plenty of time to digest it.
-
- So everyone's best guess is that the Supreme Court will hear the
- combined ACLU and ALA coalition lawsuits early next year -- just in
- time for the rescheduled Electronic Freedom March on the nation's
- Capitol.
-
- As I wrote in a recent HotWired column:
-
- "The ACLU predicts the Supreme Court will issue a decision near the
- close of the next term, which ends in July 1997 -- just in time for
- Congress to try again."
-
-
- +-=-+-=-+-=-+-=-+-=-+-=-+-=-+-=-+-=-+-=-+-=-+-=-+-=-+-=-+-=-+-=-+-=-+-=-+-=-+
- THE MYSTERIOUS "ORDER ON MOTION FOR CLARIFICATION"
- +-=-+-=-+-=-+-=-+-=-+-=-+-=-+-=-+-=-+-=-+-=-+-=-+-=-+-=-+-=-+-=-+-=-+-=-+-=-+
-
- You might be surprised by a mysterious sentence in the text of the
- Justice Department's notice of appeal talking about a "Order on Motion
- for Clarification" the court issued on June 28.
-
- Not to worry. The judges ruled so vigorously in our favor that the DoJ
- wanted to be sure the government could prosecute anyone they think
- may violate other parts of the CDA.
-
- "Because of the wording of the court's actual order, they unwittingly
- called into question whether the DoJ could enforce the provisions of
- the CDA that we didn't challenge," says Ann Beeson from the ACLU.
-
- The Philadelphia court quickly issued the clarification.
-
-
- +-=-+-=-+-=-+-=-+-=-+-=-+-=-+-=-+-=-+-=-+-=-+-=-+-=-+-=-+-=-+-=-+-=-+-=-+-=-+
- TEXT OF JUSTICE DEPARTMENT'S "NOTICE OF APPEAL"
- +-=-+-=-+-=-+-=-+-=-+-=-+-=-+-=-+-=-+-=-+-=-+-=-+-=-+-=-+-=-+-=-+-=-+-=-+-=-+
-
-
- IN THE UNITED STATES DISTRICT COURT
- FOR THE EASTERN DISTRICT OF PENNSYLVANIA
-
- _____________________________________________________________
-
- AMERICAN CIVIL LIBERTIES UNION, : CIVIL ACTION
- et al., Plaintiffs; : No. 96-963
- :
- v. :
- :
- JANET RENO, in her official :
- capacity as Attorney General of :
- the United States, Defendant. :
-
- _____________________________________________________________
-
- AMERICAN LIBRARY ASSOCIATION, : CIVIL ACTION
- INC., et al., Plaintiffs; : No. 96-1458
- :
- v. :
- :
- UNITED STATES DEP'T OF JUSTICE, :
- et al., Defendants. :
-
- _____________________________________________________________
-
-
- DEFENDANTS' NOTICE OF APPEAL
-
- Notice is hereby given that defendant Janet Reno, in her official
- capacity as Attorney General of the United States, hereby appeals,
- pursuant to section 561(b) of the Telecommunications Act of 1996, Pub.
- L. No. 104-104, Sec.561(b), 110 Stat. 143, to the Supreme Court of the
- United States from the Adjudication and Order entered June 12, 1996, as
- clarified by the Order on Motion for Clarification entered on June 28,
- 1996, in American Civil Liberties Union et al. v. Reno, Civ. A. No.
- 96-0963 (E.D. Pa.).
-
- Notice is also hereby given that defendants United States Department of
- Justice and Janet Reno, in her official capacity as Attorney General of
- the United States, hereby appeal, pursuant to section 561(b) of the
- Telecommunications Act of 1996, Pub. L. No. 104-104, Sec.561(b), 110
- Stat. 143, to the Supreme Court of the United States from the
- Adjudication and Order entered June 12, 1996, as clarified by the Order
- on Motion for Clarification entered on June 28, 1996, in American
- Library Ass'n, et al. v. Department of Justice, et al., Civ. A. No.
- 96-1458 (E.D. Pa.).
-
-
- Respectfully Submitted,
-
- MICHAEL R. STILES
- United States Attorney
-
- MARK R. KMETZ
- Assistant United States Attorney
-
- FRANK W. HUNGER
- Assistant Attorney General
- Civil Division
-
- DENNIS G. LINDER
- Director, Federal Programs Branch
-
- [signed]
- ANTHONY J. COPPOLINO
- Trial Attorney
-
- [signed]
- JASON R. BARON
- PATRICIA M. RUSSOTTO
- Trial Attorneys
- United States Department of Justice
- Civil Division
- Federal Programs Branch
- 901 E. Street N.W.
- Washington, Dc 20530
- Tel: (202) 514-4782
-
- Date: July 1, 1996
-
-
- ---------------
-
- MEA CULPA. In F-C Dispatch #13, I wrote that the Washington Post ran an
- article "on the first page of the Outlook section bashing
- "self-indulgent dross" and "crap" on the Net. I neglected to mention
- that John Schwartz and Kara Swisher had an excellent rebuttal inside.
-
- ---------------
-
- Mentioned in this CDA update:
-
- HotWired column on what kind of net-censorship Congress will try next:
- http://www.hotwired.com/netizen/96/24/declan4a.html
- Fight-Censorship Dispatch #13:
- http://fight-censorship.dementia.org/dl?num=2741
-
- Fight-Censorship list <http://fight-censorship.dementia.org/top/>
- Int'l Net-Censorship <http://www.cs.cmu.edu/~declan/international/>
- Justice on Campus <http://joc.mit.edu/>
-
- This document and previous Fight-Censorship Dispatches are archived at:
- <http://fight-censorship.dementia.org/top/>
-
- To subscribe to future Fight-Censorship Dispatches and related
- announcements, send "subscribe fight-censorship-announce" in the body
- of a message addressed to:
- majordomo@vorlon.mit.edu
-
- ------------------------------
-
- Date: Thu, 21 Mar 1996 22:51:01 CST
- From: CuD Moderators <cudigest@sun.soci.niu.edu>
- Subject: File 10--Cu Digest Header Info (unchanged since 7 Apr, 1996)
-
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- ------------------------------
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- End of Computer Underground Digest #8.51
- ************************************
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