The Hacker's Encyclopedia 1998

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Computer underground Digest Fri Aug 2, 1996 Volume 8 : Issue 57 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, #8.57 (Fri, Aug 2, 1996) File 1--: ACT NOW! freedom & privacy trashed in grab for police-state power File 2--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, 2 Aug 1996 11:05:43 -0700 From: jwarren@WELL.COM(Jim Warren) Subject: File 1--Freedom & privacy trashed in grab for police-state power ((This CuD special issue is devoted to two combined posts from Jim Warren, a long-time Net activist)) This is not a drill! We ARE under direct attack, NOW! I would not normally broadcast (spam) this so widely, especially of such length, unedited. But this effort by federal enforcers and the President, to massively demolish much of what's left of our nation's civil liberties and whatever little we have of privacy protection is SO CAPRICIOUS and MOVING SO FAST THROUGH CONGRESS that it requires INSTANT RESPONSE in the form of IMMEDIATE phone calls and faxes to *our* "representatives" -- if there is any *hope* to turn this appalling stampede to Big Brotherhood by Congress critters. --jim Jim Warren, GovAccess list-owner/editor, advocate & columnist (jwarren@well.com) 345 Swett Rd., Woodside CA 94062; voice/415-851-7075; fax/<# upon request> [puffery FWIW: Hugh M. Hefner First-Amendment Award, Playboy Foundation; James Madison Freedom-of-Information Award, Soc.of Prof.Journalists-Nor.Cal.; Pioneer Award, Electronic Frontier Foundation (its first year, 1992); founded InfoWorld, DataCast, Computers, Freedom & Privacy confs, etc. :-).] &&&&&&&&&&&&&&&&&&&& Date: Thu, 1 Aug 1996 10:15:15 -0800 From: telstar@wired.com (--Todd Lappin-->) Subject--ALERT: Clinton's Wiretap Gambit ** RED ALERT ** The Clinton administration is exploiting the TWA crash and the Atlanta Olympics blast to secure a massive expansion of FBI wiretap authority -- RIGHT NOW -- without public hearings, and without requiring the FBI to publicly disclose evidence that it needs the increased snooping power. The administration wants Congress to approve the new measures before the recess which begins Friday (tomorrow!), so that the president can sign them into law Monday. Congress is prepared to back the plan. An agreement the administration reached with Congress last night would authorize: -- emergency wiretap authority under which a "suspected terrorist's" calls could be tapped for 48 hours WITHOUT a judge's order, and -- roving, multi-point wiretaps that cover a suspect instead of just one telephone. This is happening so quickly that we have very little opportunity to mount a response. Moreover, all this is probably a curtain-raiser for the next phase of the Clinton administration's assault on privacy. Come September, brace yourself for increased calls for full funding for the Digital Telephony wiretap provisions, AND the introduction of crypto key escrow legislation. More detail on the current situation below. --Todd Lappin--> WIRED Magazine ------------------------------------------------ From: http://www.yahoo.com/headlines/960801/news/stories/terrorism_19.html (Similar story at http://www.cnn.com) Accord Reached on U.S. Anti-Terrorism Bill WASHINGTON (Reuter) - U.S. lawmakers reached broad accord with the Clinton administration Wednesday on the shape of possible new anti-terrorism legislation following the crash of TWA Flight 800 and a pipe-bomb blast at the Olympic Games. Announcement of the agreement followed a series of negotiating sessions between House and Senate members of both parties and White House chief of staff Leon Panetta. ``I am very confident that we are going to be able to put a bill together that hopefully will be adopted by the House and Senate and passed on to the president,'' Panetta told reporters. Clinton had sought swift action on areas where agreement could be found before Congress leaves town at the end of the week for a month's recess. ``We're looking for some immediate help,'' Clinton said Tuesday. Congressional staff were to work through much of the night to work on legislative language. The announcement by Panetta and the leader of the congressional task force, Larry Craig, an Idaho Republican, followed earlier signals by Republican leaders casting doubt on whether Congress could act this week. In a letter to Clinton, Republican leaders had said that more information was needed before any final decisions could be made, and expressed concern that anti-terorrism money and authority already provided was was not being used. The letter, signed by House Speaker Newt Gingrich, Senate Leader Trent Lott and House Leader Dick Armey, requested a briefing by Attorney General Janet Reno, FBI Director Louis Freeh and Panetta Thursday. But Lott, who had told reporters earlier he did not see how a bill could be approved by the weekend and sent to Clinton, told the Senate in mid-evening: ``We believe we can take up an agreed-to package on the anti-terrorism issue hopefully tomorrow or Friday.'' Craig said that seven or eight areas had been under discussion and agreement reached on five that would be examined. ``Both sides had to swallow hard on several issues,'' he said. The accord includes expansion of wiretap authority linked, as a tradeoff, to strengthening of privacy laws. This would include multi-point wiretaps that would cover a suspect instead of just one telephone, and emergency wiretap authority under which a suspected terorist's calls could be tapped for 48 hours without a judge's order. Craig said the accord included a new capital offense for murder by bombing ``specific to the Olympics.'' It also includes a blue ribbon presidential commission to look at the long-term terrorism threat. Apparently out of the deal is the controversial question of placing a distinctive chemical in black powder, which might have been the explosive used in the Olympic pipe-bomb, to help trace it. &&&&&&&&&&&&&&&&&&&& Date: Thu, 1 Aug 1996 10:00:30 -0400 From: editor@cdt.org (Bob Palacios) Subject--Policy Post 2.29 - Administration, Congress Propose Sweeping Anti-Terrorism Initiatives ----------------------------------------------------------------------------- _____ _____ _______ / ____| __ \__ __| ____ ___ ____ __ | | | | | | | | / __ \____ / (_)______ __ / __ \____ _____/ /_ | | | | | | | | / /_/ / __ \/ / / ___/ / / / / /_/ / __ \/ ___/ __/ | |____| |__| | | | / ____/ /_/ / / / /__/ /_/ / / ____/ /_/ (__ ) /_ \_____|_____/ |_| /_/ \____/_/_/\___/\__, / /_/ \____/____/\__/ The Center for Democracy and Technology /____/ Volume 2, Number 29 ---------------------------------------------------------------------------- A briefing on public policy issues affecting civil liberties online ---------------------------------------------------------------------------- CDT POLICY POST Volume 2, Number 29 August 1, 1996 CONTENTS: (1) Clinton Administration, Congress Propose Sweeping Anti-Terrorism Initiatives (2) How to Subscribe/Unsubscribe (3) About CDT, contacting us ** This document may be redistributed freely with this banner intact ** Excerpts may be re-posted with permission of <editor@cdt.org> ** This document looks best when viewed in COURIER font ** ----------------------------------------------------------------------------- (1) CLINTON ADMINISTRATION, CONGRESS PROPOSE SWEEPING ANTI-TERRORISM INITIATIVES In the wake of the recent bombing at the Olympics and the suspected terrorist involvement in the TWA crash, the Clinton Administration and members of Congress are proposing a set of sweeping counter-terrorism initiatives. If enacted into law, these proposals will dramatically increase law enforcement surveillance authority over the Internet and other advanced communications technologies. An outline of the Administration's proposal was circulated on Capitol Hill on Monday July 29. President Clinton has urged Congress to pass new counter-terrorism legislation before the Congressional recess at the end of this week. While several prominent Republican members of Congress, including House Speaker Newt Gingrich (R-GA), have said publicly that Congress should not rush into any new counter-terrorism legislation, most observers believe there is a strong possibility that some or all of the Administration's proposal will be enacted before the August recess. The draft proposal contains several measures which were rejected by Congress as part of the previous counter-terrorism initiative proposed last year after the Oklahoma City bombing, as well as several new measures including as-yet unspecified changes to U.S. encryption policy and funding for the Communications Assistance for Law Enforcement Act (CALEA, a.k.a. Digital Telephony). CDT is concerned that the latest counter-terrorism efforts on Capitol Hill are occurring without appropriate deliberation. Major policy decisions expanding the surveillance powers of law enforcement should not be made without careful consideration of the necessity of such proposals and the relative benefit to society. In the coming days and weeks, CDT will work with Congressional leaders, privacy advocates, and the net.community to ensure that constitutional civil liberties and the openness of the Internet are protected as Congress considers counter-terrorism measures. ________________________________________________________________________ MAJOR POINTS OF THE COUNTER-TERRORISM PROPOSALS CIRCULATING ON THE HILL The administration's new counter-terrorism initiative and other amendments circulating this week in Congress contain numerous provisions, but four are of particular concern to the net.community: * New Threats to Encryption, Opposition to the Pro-CODE Bill * Funding for Digital Telephony Without Public Accountability * Amendment to Criminalize 'Bomb-Making' Information on the Internet * Expanded Authority for Multi-Point, "Roving" Wiretaps The full text of the Administration's proposal and background information are available at CDT's counter-terrorism Web Page: http://www.cdt.org/policy/terrorism/ -------------------------------------------------------- I. NEW THREATS TO ENCRYPTION, OPPOSITION TO THE PRO-CODE BILL The Administration's outline contains the following statement on encryption: "* Encryption -- We will seek legislation to strengthen our ability to prevent terrorists from coming into the possession of the technology to encrypt their communications and data so that they are beyond the reach of law enforcement. We oppose legislation that would eliminate current export barriers and encouraging the proliferation of encryption which blocks appropriate access to protect public safety and the national security." While no specific legislative language has yet been proposed, this represents the first statement by the Administration that they will seek legislation to further restrict encryption. Even more troubling, the Administration is clearly attempting to use the recent suspected terrorist incidents to push for a new and more restrictive encryption policy. This new proposal comes as Congress is finally beginning to seriously consider major changes in U.S. encryption policy. Bipartisan legislation in both the House and Senate to relax encryption export controls is gaining momentum. The Senate Commerce Committee has held 3 hearings in the last 6 weeks, and is preparing to vote to send the Burns/Leahy "Pro-CODE" bill (S. 1726) to the floor of the Senate. The Administration's attempt to leverage the public's concern about terrorism to block passage of the Pro-CODE bill is disturbing, and poses a significant threat to privacy and security on the Internet. CDT is working with members of Congress, privacy advocates, and the communications and computer industries to oppose any attempt by the Administration to impose new restrictions on encryption, and we continue to work to move the bipartisan export relief legislation through Congress. -------------------------------------------------------- II. FUNDING FOR DIGITAL TELEPHONY WITHOUT PUBLIC ACCOUNTABILITY The Administration is also seeking to override the public accountability provisions of the Communications Assistance for Law Enforcement Act (CALEA - a.k.a. 'Digital Telephony') by providing a funding for the law in a way that prevents public oversight of the FBI's surveillance ability. Enacted in October of 1994, granted law enforcement new authority to influence the design of telecommunications networks (the Internet, Commercial online services, and BBS's were exempted) in order to preserve their ability to conduct court authorized electronic surveillance. Congress balanced this new authority with a number of mechanisms to ensure public accountability over law enforcement surveillance ability. While complicated, the public accountability mechanisms are designed to work as follows: * Law enforcement provides telecommunications carriers, the Congress, and the public with notice of its surveillance capacity needs (i.e., the number of simultaneous wiretaps in a given geographic location) with an opportunity for public comment. * Based on an assessment of the reasonableness of the law enforcement surveillance capacity request, Congress appropriates money to cover the cost of modifications. If Congress does not believe law enforcement has adequately justified its request, money will not be appropriated. * Telecommunications carriers are not obligated to comply with the statute or make any capacity modifications without government reimbursement. In October 1995, the FBI published its first notice of surveillance capacity (see CDT Policy Post Vol. 1, No. 26). The telecommunications industry and privacy advocates used the public accountability provisions of CALEA to respond to the FBI's request and argued that the FBI had not adequately justified the extensive surveillance capability contained in the request. As a result, Congress has not yet appropriated funds and no modifications have been made. The FBI clearly believes that the public accountability provisions of CALEA are working **too well**, and appears to be using the recent focus on terrorism to push for a new funding mechanism which does not contain public oversight. CDT is fighting hard to ensure that the public accountability provisions of CALEA, which have until now prevented the FBI from acquiring unnecessary surveillance capacity, remain a part of the law, and will vigorously oppose any effort by the FBI and the Clinton Administration to remove the last opportunity for public oversight over law enforcement power. -------------------------------------------------------- III. THE AVAILABILITY OF 'BOMB-MAKING' INFORMATION ON THE INTERNET Senator Dianne Feinstein (D-CA) has reintroduced an amendment to make it illegal to disseminate information on how to construct explosives knowing that the information will be used in furtherance of a federal crime. The amendment was adopted by the Senate earlier this month as part of a Department of Defense Appropriations bill. CDT believes that the vague provisions of the Feinstein amendment could have a chilling effect on online speech, needlessly duplicate existing criminal statutes, and should be removed. Feinstein first proposed the amendment as part of the 1995 counter-terrorism bill. The initial Feinstein amendment was extremely broad and would have resulted in a flat ban on certain constitutionally protected speech online. After civil liberties advocates objected, Feinstein narrowed her amendment substantially, although it was ultimately dropped from the final terrorism bill signed in April 1996. -------------------------------------------------------- IV. EXPANDED WIRETAP AUTHORITY The Administration's proposal would also significantly expand current wiretapping authority to allow multi-point (or "roving") wiretaps. This would dramatically change surveillance authority to include wiretaps of INDIVIDUALS instead of LOCATIONS. This proposal would do away with the delicate balance between privacy and law enforcement that Congress has struck over 30 years of wiretapping legislation. Federal law has always required that wiretaps issue for a specific location, to meet Fourth Amendment requirements. In 1986 Congress introduced a narrow exception to this rule, only for cases where it could be shown that the target was intentionally evading wiretaps by changing facilities. The Administration proposal would completely remove this standard, allowing so-called "roving taps" for any persons whose behavior makes wiretapping difficult for law enforcement. The administration proposed similar provisions in the spring of 1995 in the wake of the Oklahoma City bombing. These provisions proved controversial in Congress and were dropped from the final bill. ________________________________________________________________________ FOR MORE INFORMATION For more information on the counter-terrorism proposals and their impact on the Internet check out: CDT's Counter-Terrorism Page: http://www.cdt.org/policy/terrorism/ CDT's Encryption Policy Page: http://www.cdt.org/crypto/ CDT's Digital Telephony Page: http://www.cdt.org/digtel.html Encryption Policy Resource Page: http://www.crypto.com/ ------------------------------------------------------------------------ (4) SUBSCRIPTION INFORMATION Be sure you are up to date on the latest public policy issues affecting civil liberties online and how they will affect you! Subscribe to the CDT Policy Post news distribution list. CDT Policy Posts, the regular news publication of the Center For Democracy and Technology, are received by nearly 10,000 Internet users, industry leaders, policy makers and activists, and have become the leading source for information about critical free speech and privacy issues affecting the Internet and other interactive communications media. To subscribe to CDT's Policy Post list, send mail to policy-posts-request@cdt.org with a subject: subscribe policy-posts If you ever wish to remove yourself from the list, send mail to the above address with a subject of: unsubscribe policy-posts ----------------------------------------------------------------------- (5) ABOUT THE CENTER FOR DEMOCRACY AND TECHNOLOGY/CONTACTING US The Center for Democracy and Technology is a non-profit public interest organization based in Washington, DC. The Center's mission is to develop and advocate public policies that advance democratic values and constitutional civil liberties in new computer and communications technologies. Contacting us: General information: info@cdt.org World Wide Web: URL:http://www.cdt.org/ FTP URL:ftp://ftp.cdt.org/pub/cdt/ Snail Mail: The Center for Democracy and Technology 1634 Eye Street NW * Suite 1100 * Washington, DC 20006 (v) +1.202.637.9800 * (f) +1.202.637.0968 ----------------------------------------------------------------------- End Policy Post 2.29 8/1/96 ----------------------------------------------------------------------- &&&&&&&&&&&&&&&&&&&& From: shabbir@vtw.org (Shabbir J. Safdar) Date: Thu, 01 Aug 1996 16:44:06 -0400 please send this to your own lists.. -Shabbir J. Safdar * Online Representative * Voters Telecomm. Watch (VTW) http://www.vtw.org/ * Defending Your Cyberspace Rights In The Real World * ====================================================================== ____ _____ ____ ___ _ _____ ____ _____ | _ \| ____| _ \ / _ \| | | ____| _ \_ _| CONGRESS RUSHING TO | |_) | _| | | | | | |_| | | | _| | |_) || | ENACT SURVEILLANCE | _ <| |___| |_| | | _ | |___| |___| _ < | | LEGISLATION. CALL |_| \_\_____|____/ |_| |_|_____|_____|_| \_\|_| CONGRESS NOW! 8/1/96 REPOST THIS ALERT WHERE APPROPRIATE DO NOT REDISTRIBUTE AFTER AUGUST 7, 1996 ---------------------------------------------------------------------- Table of contents Introduction What you can do now Background Participating organizations ---------------------------------------------------------------------- INTRODUCTION Late Wednesday, Congress and the Clinton Administration reached a preliminary agreement on a sweeping new surveillance initiative. The President and several Congressional leaders are pushing for a vote on the measure BEFORE CONGRESS RECESSES ON AUGUST 2. If enacted, parts of the proposal would dramatically impact privacy and security on the Internet and other advanced communications technologies. Of particular concern are provisions which: 1. Allows law enforcement to wiretap "suspected terrorists" for up to 48 hours BEFORE obtaining a court order 2. Provide funding for the Digital Telephony Proposal without any public accountability over how the FBI spends the funds Other provisions are also circulating that would: 3. Threaten to impose new restrictions on encryption technologies 4. Seek to criminalize the distribution of 'bomb-making' information on the Internet that is legal in print. Congress needs to hear from you. Congress will rush through the passage of massive new surveillance plans with privacy risks unless you show them there is support for slow, deliberate, reasoned thought on the issue. ---------------------------------------------------------------------- WHAT YOU CAN DO NOW CALL KEY MEMBERS OF CONGRESS IMMEDIATELY! NO LATER THAN FRIDAY (8/2/96) Please contact as many elected officials on the list below as you can. Urge them to "go slow" and carefully consider the impact these surveillance proposals will have on the privacy and security of all Internet users. Tell them while you appreciate their concern about combating terrorism, the measures being proposed have many potential side effects which must be carefully considered. 1. Call the key members of Congress below and ask them to "go slow" and examine the issues before rushing into changing the delicate balance of law enforcement surveillance and the public. 2. If you are at a loss for words, use the following sample communique: SAMPLE COMMUNIQUE Dear _________, Please do not rush the passage of counter terrorism legislation; I'm concerned that Congress is rushing without carefully considering the implications of privacy. I'm from <city, state>. Thanks, <click> You should call the following members of Congress because they are steering this legislation and need to hear there is support for slow, deliberate, thoughtful consideration of this issue. Some of thee members *have publicly expressed reservations* about this legislation, and we should support them in their efforts. Senate members: P ST Name and Address Phone Fax = == ======================== ============== ============== R MS Lott, Trent 1-202-224-6253 1-202-224-2262 D DE Biden Jr., Joseph R. 1-202-224-5042 1-202-224-0139 D SD Daschle, Thomas A. 1-202-224-2321 1-202-224-2047 R UT Hatch, Orrin G. 1-202-224-5251 1-202-224-6331 R PA Specter, Arlen 1-202-224-4254 1-717-782-4920 D VT Leahy, Patrick J. 1-202-224-4242 1-202-224-3595 House members: Dist ST Name, Address, and Party Phone Fax ==== == ======================== ============== ============== 6 GA Gingrich, Newt (R) 1-202-225-4501 1-202-225-4656 3 MO Gephardt, Richard A. (D) 1-202-225-2671 1-202-225-7452 6 IL Hyde, Henry J. (R) 1-202-225-4561 1-202-226-1240 14 MI Conyers Jr., John (D) 1-202-225-5126 1-202-225-0072 President William Clinton: White House Comment Line: 1-202-456-1414 3. If you get a response, take a moment and send mail to vtw@vtw.org with "feedback" in the subject line. $ Mail vtw@vtw.org Subject--my feedback from calling Congress They said they're not going to pass most of Clinton's package, because it upsets the delicate balance between law enforcement and the public. ^D Mail sent! ---------------------------------------------------------------------- BACKGROUND Among other things, the law enforcement proposals circulating on Capitol Hill include provisions which: o WIRETAPPING WITHOUT COURT ORDER ALLOWED FOR 48 HOURS Congress and the President have already agreed to provisions which would dramatically expand law enforcement surveillance authority. Both of these provisions were proposed by the President as part of the 1995 counter-terrorism legislation, but were dropped from the final bill after Republicans and civil liberties advocates objected. The current proposal would expand law enforcement surveillance authority in two ways: - Emergency 48 Hour Wiretap Authority: Current law requires law enforcement officials to get the affirmative consent of a judge before installing a wiretap. The current proposal would expand law enforcement authority to wiretap "suspected terrorists" for up to 48 hours before obtaining a court order, limiting a critical 4th amendment safeguard. - Multi-Point "Roving" Wiretaps: Current law allows law enforcement to tap only specific LOCATIONS (i.e., a telephone number). In certain very limited circumstances, law enforcement can tap a specific INDIVIDUAL if it can be shown to a judge that the suspect is moving from place to place with the specific intent of thwarting law enforcement. The current proposal would expand this so-called "roving" wiretap authority by making it much easier for law enforcement to tap specific INDIVIDUALS as opposed to specific physical locations. This change would dramatically effect the balance between 4th Amendment privacy rights and public safety which has existed for nearly 30 years, and should not be enacted without careful consideration of the implications. o FUNDING FOR DIGITAL TELEPHONY WITHOUT PUBLIC ACCOUNTABILITY The Administration and Congress are seeking funding to implement the Digital Telephony Law in a way which eliminates any opportunity for public oversight of law enforcement surveillance ability. The controversial law, known officially as the Communications Assistance for Law Enforcement Act (CALEA), granted the FBI new authority to influence the design of telecommunications networks. At the same time, the law provided substantial public oversight over the FBI's surveillance ability by requiring the FBI to state, on the public record, what its surveillance needs are. The FBI has faced stiff resistance from civil liberties groups and some members of Congress and has not yet been able to obtain funding to implement the requirements of the law. As part of the current proposal, the FBI is seeking a mechanism which will provide funding for CALEA in a way which skirts the public oversight provisions of the law. This is an extremely troubling move by law enforcement which, if enacted, would allow law enforcement essentially unlimited authority to influence the design of telecommunications networks without any accountability. Other provisions which could show up in legislation in the next 72 hours are: o BOMB MAKING MATERIAL ON THE INTERNET In the wake of the recent public concern about terrorism, Senators Dianne Feinstein (D-CA) and Joseph Biden (D-DE) have renewed their efforts to pass legislation to restrict the availability of 'bomb- making' information on the Internet. The Feinstein/Biden amendment was added to the Senate Defense Appropriations bill (S. 1762) in early July, and is not currently part of the new law enforcement initiative. However, the amendment poses a serious threat to chill the the free flow of information on the Internet. o THREATEN TO IMPOSE NEW RESTRICTIONS ON ENCRYPTION TECHNOLOGIES: While no specific legislation has been proposed, the Clinton Administration has circulated an outline to Congress which states: "We will seek legislation to strengthen our ability to prevent terrorists from coming into the possession of the technology to encrypt their communications and data so that they are beyond the reach of law enforcement." This statement marks the first time that the Administration has suggested legislation to restrict encryption. This is especially troubling because it comes at a time of growing Congressional support for legislation to promote privacy and security tools for the Net. Of even more concern, the Administration is clearly attempting to use the recent suspected terrorist incidents to push for a new and more restrictive encryption policy. If the Administration succeeds in passing new restrictions on encryption as part of the new surveillance legislation, the future of the Internet as a secure and trusted platform for commerce and private communication will be threatened. Some or all of these provisions may be included in a package voted on by both houses by August 3rd. It is not clear what a final bill will look like, and some of these provisions may not be considered by Congress until later this summer. ---------------------------------------------------------------------- PARTICIPATING ORGANIZATIONS The following organizations all urge you to take this action to combat the surveillance initiatives. Check their pages for more background information on these issues. American Civil Liberties Union (http://www.aclu.org) American Communication Association Center for Democracy and Technology (http://www.cdt.org) Electronic Frontier Foundation (http://www.eff.org) EF-Austin (http://www.efa.org) Electronic Privacy Information Center (http://www.epic.org) Feminists for Free Expression National Libertarian Party (http://www.lp.org) National Writers Union (http://www.nwu.org/nwu/) People For the American Way (http://www.pfaw.org) Voters Telecommunications Watch (http://www.vtw.org) Wired Ventures Ltd. (http://www.hotwired.com) ====================================================================== Just processed these additional items on the administration's FAST-moving efforts to demolish freedom and privacy in Amerika. --jim &&&&&&&&&&&&&&&&&&&& HOUSE VOTE TO ALLOW MASSIVE, ILL-CONTROLLED SURVEILLANCE, LIKELY TODAY! Date: Fri, 2 Aug 1996 11:07:40 -0400 From: jseiger@cdt.org (Jonah Seiger) Subject--URGENT: Surveillance Bill Gets New Life - House Vote Likely TODAY! (please forward where appropriate) It's not over yet.... The House has scheduled a vote on "suspension" for a 'counter-terrorism' bill TODAY (Friday). Despite media reports that the negotiations had stalled out, house Republicans have apparently worked out their differences and are set to vote on the bill today. The Senate may or may not vote on the measure on Saturday. No one I've talked to knows for sure what's in the bill, though I have heard that there are no encryption provisions and that some of the wiretap proposals have been scaled back. I will post details as I get them. In the mean time, keep those calls coming into Congress. Jonah ** THE FIGHT FOR FREE SPEECH ONLINE CONTINUES TO THE SUPREME COURT ** It's not too late to be a part of history -- Join the Lawsuit <http://www.cdt.org/ciec> -- <ciec-info@cdt.org> -- Jonah Seiger, Policy Analyst Center for Democracy and Technology <jseiger@cdt.org> 1634 Eye Street NW, Suite 1100 Washington, DC 20006 PGP Key via finger (v) +1.202.637.9800 http://www.cdt.org/ (f) +1.202.637.0968 http://www.cdt.org/homes/jseiger/ &&&&&&&&&&&&&&&&&&&& Date: Fri, 2 Aug 1996 12:17:07 -0400 From: jseiger@cdt.org (Jonah Seiger) Subject--More on the latest Surveillance Bill... The outline below is from a document produced by the House Republican Conference. It is ONLY A SUMMARY of the proposed bill and is NOT actual legislation. No one I have spoken with has seen any specific legislative language yet. The outline is confusing on several points, particularly the "FBI DIGITAL TELEPHONY" Section, which says: "The bill authorizes the FBI to use enhanced telephone technology to investigate suspected terrorist activity. Funding for equipment purchase was provided in the 1996 omnibus appropriations measure enacted earlier this year." The first sentence above is not at all clear, and probably won't be until we can get our hands on the actual text of the bill. It could be additional wiretap authority (ie, roving wiretaps), or it could be nothing. As far as the funding goes, the "1996 omnibus appropriations measure" DID NOT contain funding for implementation of the law - but it did appropriate $37 million to cover new equipment for the FBI. The rest looks like it is a scaled back version of a measure the Administration and members of Congress were pushing earlier this week, but the scope of the new bill depends a lot on what the actual text says. I will post additional information as soon as I get it. Jonah -- Bipartisan Antiterrorism Initiative HR__ Committee on the Judiciary No Report Filed To Be Introduced Floor Situation: The House is scheduled to consider HR__ on Friday August 2, 1996. On Thursday August 1, the Rules Committee granted a rule to allow the bill to be considered under suspension of the rules. It is debatable for 40 minutes, may not be amended, and requires a two-thirds vote for passage. Summary: HR__ includes several bipartisan initiatives intended to bolster federal efforts to combat domestic terrorism in addition to those already enacted earlier this year as part of the 1996 Antiterrorism and Effective Death Penalty Act (P.L. 104-132). The bill contains the following counter-terrorism provisions: Aviation SECURITY MEASURES: The bill enables domestic airports to aggressively search for and prevent explosives from causing destruction and harm to individuals or property through enhanced explosive detection procedures, baggage and passenger screening, and FBI authority to improve airport security training and standards to ensure that provisions of the 1990 Aviation Security Act (P.L 101-604) are implemented expeditiously. Specifically, the bill (1) requires the FAA to implement increased explosives section methods immediately, (2) strengthen the level of training and expertise possessed by security personnel who are assigned to domestic airports, (3) allows airports to use available funding to reinforce such training for security personnel, and (4) extends criminal background requirements to include a greater number of airport employees. IMPLEMENTATION OF EXISTING ANTI-TERRORISM LAWS: The bill urges implementation of provisions enacted in the 1996 Antiterrorism and Effective Death Penalty Act (P.L. 104-132), such as designating and freezing the assets of foreign terrorist organizations and implementing expedited removal procedures for aliens convicted of a crime. BIPARTISAN "BLUE RIBBON" COMMISSION: The bill establishes a special commission to review all aspects of U.S. anti-terrorism policy and make legislative recommendations about methods to most effectively establish a long-term defense against terrorist threats, including enhancing the nation's human intelligence capabilities. PRIVACY ACT AMENDMENTS: The bill includes provisions which grant a cause of action against the U.S. if in the course of a wiretap investigation damaging information is willfully disclosed to the detriment of an innocent party by the federal government. The cause of action includes monetary damages to the plaintiff if a favorable decision is rendered in federal court. EXPLOSIVES STUDY: The bill authorizes a study on black and smokeless powder by an independent agency selected by the National Institute of Justice. FEDERAL RACKETEERING STATUTE CRIMES: The bill permits federal prosecutors to deem those acts determined to be terrorist in nature as substantial enough to invoke criminal prosecution under existing criminal racketeering (RICO) statutes. FBI DIGITAL TELEPHONY: The bill authorizes the FBI to use enhanced telephone technology to investigate suspected terrorist activity. Funding for equipment purchase was provided in the 1996 omnibus appropriations measure enacted earlier this year. <...> Jonah Seiger, Policy Analyst Center for Democracy and Technology <jseiger@cdt.org> 1634 Eye Street NW, Suite 1100 Washington, DC 20006 PGP Key via finger (v) +1.202.637.9800 http://www.cdt.org/ (f) +1.202.637.0968 http://www.cdt.org/homes/jseiger/ &&&&&&&&&&&&&&&&&&&& ELECTRONIC FRONTIER FOUNDATION ALSO ISSUED A LENGTHY (30KB) ACTION ALERT, (Excerpted here) Date: Thu, 1 Aug 1996 21:32:43 -0700 (PDT) From: Stanton McCandlish <mech@eff.org> Subject--EFFector Online 09.10: ALERT: Act NOW against wiretapping bill! Reply-To: editor@eff.org Organization: Electronic Frontier Foundation X-EFF_General_Info: info@eff.org X-URL: http://www.eff.org/pub/EFF/Newsletters/EFFector/ ========================================================================= ________________ _______________ _______________ /_______________/\ /_______________\ /\______________\ \\\\\\\\\\\\\\\\\/ ||||||||||||||||| / //////////////// \\\\\________/\ |||||________\ / /////______\ \\\\\\\\\\\\\/____ |||||||||||||| / ///////////// \\\\\___________/\ ||||| / //// \\\\\\\\\\\\\\\\/ ||||| \//// ========================================================================= EFFector Online Volume 09 No. 10 Aug. 1, 1996 editors@eff.org A Publication of the Electronic Frontier Foundation ISSN 1062-9424 IN THIS ISSUE: ALERT: Congress Rushing to Enact Anti-Privacy Bill - Call Congress NOW! Introduction What you can do now Background Participating organizations NewsNybbles EFF Web Site Now Features "What's Hot" News Updates and Search Engine Upcoming Events Quote of the Day What YOU Can Do Administrivia * See http://www.eff.org/Alerts/ or ftp.eff.org, /pub/Alerts/ for more information on current EFF activities and online activism alerts! * ---------------------------------------------------------------------- Subject--ALERT: Congress Rushing to Enact Anti-Privacy Bill - Call Congress NOW! -------------------------------------------------------------------------------- **** Last minute update **** Just before ye editor was about to send this issue out, reports are filtering in that negotiations on the bill that is the subject of the alert below, have collapsed. CNN reports: "Key members of the Senate blamed House conservatives for the failure, saying they had insisted on linking proposed new wiretapping authority for the FBI to an expansion of privacy laws." CNN quotes Rep. Charles Schumer (D-NY) as saying that House Republican leaders "have come up with this smokescreen called privacy". You may wish to let Rep. Schumer know how you feel about your right to privacy being labelled "a smokescreen": 9th Dist. NY Schumer, Charles E. (D) 1-202-225-6616 (voice), 1-202-225-4183 (fax) The full text of the CNN article is available at: http://www.cnn.com/US/9608/01/wh.terror.bill/index.html The article also reports that "lawmakers said there is hope for agreement after the month long" Congressional recess beginning at the end of this week. THIS MEANS THAT THE ALERT BELOW IS STILL URGENT, and still important. We just have a short breathing space now. - mech@eff.org ____ _____ ____ ___ _ _____ ____ _____ | _ \| ____| _ \ / _ \| | | ____| _ \_ _| CONGRESS RUSHING TO | |_) | _| | | | | | |_| | | | _| | |_) || | ENACT SURVEILLANCE | _ <| |___| |_| | | _ | |___| |___| _ < | | LEGISLATION. CALL |_| \_\_____|____/ |_| |_|_____|_____|_| \_\|_| CONGRESS NOW! 8/1/96 REPOST THIS ALERT WHERE APPROPRIATE DO NOT REDISTRIBUTE AFTER AUGUST 7, 1996 ______________________________________________________________________ Table of contents Introduction What you can do now Background Participating organizations ______________________________________________________________________ * INTRODUCTION <...> * WHAT YOU CAN DO NOW CALL KEY MEMBERS OF CONGRESS IMMEDIATELY! NO LATER THAN FRIDAY (8/2/96) Please contact as many elected officials on the list below as you can. Urge them to "go slow" and carefully consider the impact these surveillance proposals will have on the privacy and security of all Internet users. Tell them while you appreciate their concern about combating terrorism, the measures being proposed have many potential side effects which must be carefully considered. 1. Call the key members of Congress below and ask them to "go slow" and examine the issues before rushing into changing the delicate balance of law enforcement surveillance and the public. 2. If you are at a loss for words, use the following sample communique: SAMPLE COMMUNIQUE Dear _________, Please do not rush the passage of counter terrorism legislation; I'm concerned that Congress is rushing without carefully considering the implications of privacy. I'm from <city, state>. Thanks, <click> You should call the following members of Congress because they are steering this legislation and need to hear there is support for slow, deliberate, thoughtful consideration of this issue. Some of thee members *have publicly expressed reservations* about this legislation, and we should support them in their efforts. Senate members: P ST Name and Address Phone Fax = == ======================== ============== ============== R MS Lott, Trent 1-202-224-6253 1-202-224-2262 D DE Biden Jr., Joseph R. 1-202-224-5042 1-202-224-0139 D SD Daschle, Thomas A. 1-202-224-2321 1-202-224-2047 R UT Hatch, Orrin G. 1-202-224-5251 1-202-224-6331 R PA Specter, Arlen 1-202-224-4254 1-717-782-4920 D VT Leahy, Patrick J. 1-202-224-4242 1-202-224-3595 House members: Dist ST Name, Address, and Party Phone Fax ==== == ======================== ============== ============== 6 GA Gingrich, Newt (R) 1-202-225-4501 1-202-225-4656 3 MO Gephardt, Richard A. (D) 1-202-225-2671 1-202-225-7452 6 IL Hyde, Henry J. (R) 1-202-225-4561 1-202-226-1240 14 MI Conyers Jr., John (D) 1-202-225-5126 1-202-225-0072 President William Clinton: White House Comment Line: 1-202-456-1414 3. If you get a response, take a moment and send mail to vtw@vtw.org with "feedback" in the subject line. $ Mail vtw@vtw.org Subject--my feedback from calling Congress They said they're not going to pass most of Clinton's package, because it upsets the delicate balance between law enforcement and the public. ^D Mail sent! ------------------------------ Date: Thu, 21 Mar 1996 22:51:01 CST From: CuD Moderators <cudigest@sun.soci.niu.edu> Subject: File 2--Cu Digest Header Info (unchanged since 7 Apr, 1996) Cu-Digest is a weekly electronic journal/newsletter. Subscriptions are available at no cost electronically. CuD is available as a Usenet newsgroup: comp.society.cu-digest Or, to subscribe, send post with this in the "Subject:: line: SUBSCRIBE CU-DIGEST Send the message to: cu-digest-request@weber.ucsd.edu DO NOT SEND SUBSCRIPTIONS TO THE MODERATORS. 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