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-
- Computer underground Digest Sun Sep 29, 1996 Volume 8 : Issue 69
- 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, #8.69 (Sun, Sep 29, 1996)
-
- File 1--Poulsen Stifled by No-computers Probation Rule
- File 2--Microsoft response to David Smith/Web Browser Method
- File 3--Netscape CEO Jim Barksdale signs the pro-crypto petition (fwd)
- File 4--Banned Books Week 9/28-10/5
- File 5--Computer Virus Hysteria/John McAfee Awards: plea for books
- File 6--Jean_bernard_Condat PhD Musicologie
- File 7--CDT Policy Post 2.32 - FBI Surveillance Demands Rejected on Privacy
- File 8--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, 27 Sep 1996 02:33:26 -0500
- From: cudigest@SUN.SOCI.NIU.EDU(Computer underground Digest)
- Subject: File 1--Poulsen Stifled by No-computers Probation Rule
-
- POULSEN STIFLED BY NO-COMPUTERS PROBATION RULE
-
- Published: Sept. 23, 1996
-
- BY BRANDON BAILEY
- Mercury News Staff Writer
-
- Convicted hacker Kevin Poulsen is out of prison after five years,
- but he still can't touch a computer.
-
- Facing a court order to pay more than $57,000 in restitution for
- rigging a series of radio station call-in contests, Poulsen has
- complained that authorities won't let him use his only marketable
- skill -- programming.
-
- Instead, Poulsen said, he's doomed to work for minimum wage at a
- low-tech job for the next three years. Since his June release from
- prison -- after serving more time in jail than any other U.S.
- hacker -- the only work he's found is canvassing door-to-door for
- a liberal political action group.
-
- .......................
-
- Poulsen now lives with his sister in the Los Angeles area, where
- he grew up in the 1970s and '80s. But he must remain under
- official supervision for three more years. And it galls him that
- authorities won't trust him with a keyboard or a mouse.
-
- U.S. District Judge Manuel Real has forbidden Poulsen to have any
- access to a computer without his probation officer's approval.
-
- That's a crippling restriction in a society so reliant on computer
- technology, Poulsen complained in a telephone interview, after a
- hearing last week during which the judge denied Poulsen's request
- to modify his terms of probation.
-
- To comply with those rules, Poulsen said, his parents had to put
- their home computer in storage when he stayed with them. He can't
- use an electronic card catalog at the public library. And he
- relies on friends to maintain his World Wide Web site. He even
- asked his probation officer if it was OK to drive because most
- cars contain microchips.
-
- ...........................
-
- Legal experts say there's a precedent for restricting a hacker's
- access to computers, just as paroled felons may be ordered not to
- possess burglary tools or firearms. Still, some say it's going too
- far.
-
- "There are so many benign things one can do with a computer,"
- said Charles Marson, a former attorney for the American Civil
- Liberties Union who handles high-tech cases in private practice.
- "If it were a typewriter and he pulled some scam with it or wrote
- a threatening note, would you condition his probation on not using
- a typewriter?"
-
- ................
-
- According to Schindler, the probation office now will consider
- Poulsen's requests to use computers "on a case by case basis."
-
- ------------------------------
-
- Date: Fri, 27 Sep 1996 18:02:17 -0700
- From: "Michael Bernard (IPTD)" <address@withheld.by.request>
- Subject: File 2--Microsoft response to David Smith/Web Browser Method
-
- ((MODERATORS' NOTE: By request, we removed Michael Bernard's
- mailing address, because the appropriate place for response
- is the homepage at:
- http://www.microsoft.com/ie/support/feedback/ ))
-
- In Article 5, Volume 8, Issue #66 of the Computer underground Digest,
- David Smith <bladex@bga.com> raised an issue about potentially
- misleading references to user preferences in our press announcement for
- Internet Explorer 3.0
- (http://www.microsoft.com/corpinfo/press/1996/aug96/1MILLPR.htm). The
- press release stated that "four out of five users prefer Microsoft
- Internet Explorer to Netscape Navigator." It should have stated that
- "four out of five new Web users prefer Microsoft Internet Explorer to
- Netscape Navigator." We appreciate David pointing out the discrepancy
- and are revising such references to the study results.
-
- It is true that the subjects of the study
- (http://www.microsoft.com/ie/ie3/usability.htm) did not have any prior
- Web browser experience. As the study indicates:
-
- "The users had basic Windows 95 experience and understood Windows 95
- concepts. All the users were individuals that had a strong interest in
- learning about and using the Internet but no prior experience with a web
- browser or the Internet. Users were not told who commissioned the study,
- and they were screened to ensure that they were not prejudiced toward
- either Microsoft or Netscape as a company."
-
- We felt that this was an appropriate way to conduct the survey. It
- provided an unbiased view of the browser product without the bias of
- prior use, experience, or existing preference. It would have been
- difficult to remove these biases if the study subjects had already been
- using a given browser (e.g. Navigator) for any length of time.
-
- As a test of first-time users, which the survey itself indicates, the
- results are solid. We regret any confusion that may have been caused by
- not indicating that the study was of new users in the August 19, 1996
- Press Release. While it is too late for us to edit the Press Release, we
- are modifying any other references to the study results on our Web site
- to read ..."four out of five new Web users prefer Microsoft Internet
- Explorer to Netscape Navigator."
-
- Although the study results are valid for new users, we have been
- receiving strong evidence that experienced users also like Internet
- Explorer 3.0. (http://www.microsoft.com/ie/ie3/readeu.htm)
- Additionally, we have done extremely well in head-to-head comparisons by
- the press with Navigator 3.0. (http://www.microsoft.com/ie/ie3/read.htm)
-
- We appreciate this opportunity to clear up any confusion on what we
- genuinely feel to be an excellent product - Internet Explorer 3.0. We
- welcome any comments (http://www.microsoft.com/ie/support/feedback/),
- you have on our product and trust me - they get read!
-
-
- Michael Bernard
- Web Jamming with Internet Explorer 3.0
- Product Manager, Microsoft
- Internet Platform and Tools Division
-
- ------------------------------
-
- Date: Fri, 27 Sep 1996 00:15:43 -0400 (EDT)
- From: Voters Telecommunications Watch <shabbir@vtw.org>
- Subject: File 3--Netscape CEO Jim Barksdale signs the pro-crypto petition (fwd)
-
- From - Crypto News
-
- MORE NET LUMINARIES JOIN THOUSANDS IN SIGNING PRO-ENCRYPTION PETITION
- http://www.crypto.com/petition/
- JUDICIARY HEARING ON HR 3011 (9/25/96)
-
- Date: September 25, 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
- Introduction
- Join Netscape CEO Jim Barksdale as he signs the pro-crypto petition!
- How to receive crypto-news
- Press contacts
-
- ----------------------------------------------------------
- INTRODUCTION
-
- This is a busy last few days for Washington. In the midst of it all,
- the Judiciary committee held a hearing HR 3011, beginning the process of
- educating Congress for next year, and bringing in the Administration for
- a regular public drubbing about their antiquated encryption regulations.
-
- The very same day, WWW.Crypto.Com was honored to have Netscape CEO Jim
- Barksdale sign onto petition that supports legislation that would:
-
- -Relax export controls on encryption technology;
- -Prohibit the government from imposing "Key Escrow" solutions
- domestically; and
- -Recognize the importance of privacy and security for the future
- of electronic commerce, individual liberty, and the success of the
- Internet.
-
- Jim Barksdale is no stranger to the encryption debate. He testified
- at the July 25th hearing on the pro-encryption Pro-CODE bill (S1726).
- You can hear him in his own words by listening to the RealAudio transcript
- of the hearing cybercast at http://www.crypto.com/events/072596/
-
- We'll be continuing the petition throughout the break and the election
- and use it next year to support the encryption legislation that will
- surely be introduced again.
-
- Be a part of it by signing the petition with Jim Barksdale at
- http://www.crypto.com/petition/ !
-
- ------------------------------------------------------
- JOIN NETSCAPE CEO JIM BARKSDALE IN FIGHTING FOR YOUR PRIVACY!
-
- The following petition can be signed onto at http://www.crypto.com/petition/
-
- The Information Revolution is being held hostage by an
- outdated, Cold War-era U.S. encryption policy.
-
- Current U.S. export controls and other initiatives are slowing
- the widespread availability of strong encryption products,
- endangering the privacy and security of electronic
- communications, harming the competitiveness of U.S. businesses,
- and threatening the future of electronic commerce and the
- growth of the Global Information Infrastructure (GII).
-
- We the undersigned Internet users and concerned citizens
- strongly support Congressional efforts to address this critical
- issue. Bills are currently pending in both Houses of Congress
- which would:
-
- -Relax export controls on encryption technology;
- -Prohibit the government from imposing "Key Escrow" solutions
- domestically; and
- -Recognize the importance of privacy and security for the future of
- electronic commerce, individual liberty, and the success of the
- Internet.
-
- We urge Congress to act NOW to enact a U.S. encryption policy that
- promotes electronic privacy and security.
-
-
- Add your name to his at http://www.crypto.com/petition/ !
-
- ------------------------------------------------------
- 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. To unsubscribe, send a letter to majordomo@panix.com with
- "unsubscribe crypto-news" in the body.
- ------------------------------------------------------
- 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: Sat, 28 Sep 1996 17:38:59 +0100
- From: Glenn Hauman <hauman@hks.net>
- Subject: File 4--Banned Books Week 9/28-10/5
-
- Just a reminder:
-
- Banned Books Week is co-sponsored
- by the American Booksellers Foundation for Free Expression, the
- American Library Association, the Association of American
- Publishers, the American Society of Journalists and Authors, and the
- National Association of College Stores. As in the past, Banned Books
- Week is also endorsed by the Center for the Book of the Library of
- Congress.
-
- The battle against those who would remove materials from libraries,
- schools, and bookstores-- and now, the Internet-- continues, and in
- many areas has escalated. Through the participation of thousands of
- bookstores and libraries across the country, millions of Americans
- learn about the critical importance of free expression and of the
- perilous threats to First Amendment rights that exist in our country
- today. Banned Books Week draws attention to the danger that exits
- when restraints are imposed on the availability of information in a
- free society. The message goes beyond the freedom to choose and to
- express ones opinion; the message of Banned Books Week is the
- importance of ensuring the availability of viewpoints, even
- unorthodox or unpopular, to those who wish to read them.
-
- A large listing of banned books and their circumstances, along with
- additional links will be going up on http://www.bb.com shortly.
-
- Best-- Glenn Hauman, BiblioBytes
- http://www.bb.com/
-
- ------------------------------
-
- Date: Sat, 28 Sep 1996 01:03:29 -0500 (CDT)
- From: Crypt Newsletter <crypt@sun.soci.niu.edu>
- Subject: File 5--Computer Virus Hysteria/John McAfee Awards: plea for books
-
- Crypt Newsletter and Computer Virus Myths guru Rob Rosenberger
- have put their heads together to comb the media for
- computer virus stories that have contributed the most to
- computer virus misinformation and confusion in 1996. Once they've
- been compiled, we'll put them on display along with analyses of their
- impact and faults and throw the nominees open to Netizens for their
- votes on which are the best, or worst, depending on your point
- of view.
-
- Rob has puckishly named the contest the 1996 John McAfee Awards
- after the 1992 watershed event of Michelangelo hype that catapulted
- the anti-virus software developer to fame and fortune -- his
- former company to a dominant position in the anti-virus industry.
-
- But we want this to be an exercise in extending computer literacy
- and to that end we intend to give away some prizes -- namely books!
- Here's where you -- authors, publishers, the pure of heart and
- philanthropic -- come in. Contribute one book on computer security,
- computer viruses or reality and culture in cyberspace and we'll be
- forever in your debt. You'll get publicity when we mention your
- philanthropy and book during the nominations, voting and awards
- ceremony. Plus you'll have the satisfaction of knowing your book
- is going to be placed directly into the hands of someone in the media
- who needs it the most!
-
- To contribute a book, contact me or Rob Rosenberger.
-
- George Smith: crypt@sun.soci.niu.edu
- Rob Rosenberger: us@kumite.com
-
- In late October we'll publicize the nominees and the prizes so the
- voting can begin. Watch this space for further details.
-
- Computer Virus Myths
- http://www.us.kumite.com/myths
- Crypt Newsletter
- http://www.soci.niu.edu/~crypt
-
- ------------------------------
-
- Date: Tue, 24 Sep 1996 17:42:39 -0700 (PDT)
- From: "Tariq KRIM <bronks@bok.net>" <bronks@bok.net>
- Subject: File 6--Jean_bernard_Condat PhD Musicologie
-
- ((MODERATORS' NOTE: Monday, CuD received a call from Mr.
- Tariq Krim, who is currently working in the Silicon Valley.
- Mr. Krim was upset with the following passage from CuD 8.67, File 5:
-
- Yesterday, I lost my job of senior consultant in the Smart
- Card Business Unit of Informix because Mr. Tariq Krim of
- the ENST in Paris don't hesitate to call all my chiefs with
- some kind words on my life.
-
- It appears that the above passage is less than accurate.
-
- And, while CuD cannot always identify forged messages, we do
- feel compelled to observe that the original post that Crypt
- Newsletter editor George Smith identified as plagiarized from
- him isn't normally the kind of forgeries that are sent, and
- the plagiarized post was consistent with similar posts from
- the same source that we published without complaint.
-
- Below is Mr. Krim's response to the allegation that he called
- "all my chiefs" that resulted in dismissal:
-
- -------------
-
- Usually when I hear about Jean Bernard Condat we tell me bad things. I've
- heard that he claimed to be a computer hacker and specialist of
- telecommunications.
-
- A few years ago someone gave Condat a phone number and said "hack my
- machine if you can". Jean Bernard Condat spent 15 days trying.
- It was a Fax number ...
-
- Now he claims to be on the Internet since 81. Hopefully for the net he's
- around for a few years only and is forbidden on all the french BBS and
- french ISP.
-
- Now I've never seen Mister Condat personnaly. I don't want to keep contact
- with this person. I've just written this mail to tell all my friends and
- the CuD readers that the story he told is completely false.
-
- First: I don't know Condat.
- second: I don't know the people of Informix France.
- three: I don't know where he had my email
- four: Your are responsible for what you say on the Internet and lying is not
- a good thing as copying articles and books.
- five: defamation has legal issues that I could exploit if this story is
- not finished after this mail.
- six: be polite on phone and don't tell another story than the one
- published in CuD because it decreases your credibility ( if you still have
- some)
-
- And for the last time Jean Bernard Condat is a true Space "blaireau".
-
- Well all this to say that I don't have yet the power to fire people in a
- second, even people like JBC. I dont follow this guy 's life and
- technically what he said is impossible as I live in the US. (hey you
- didn't know that Mr Condat)
-
- I don't want to be better than Jean Bernard Condat, I dont want to be Jean
- Bernard Condat, and I dont want my name associate to this guy.
- never ever....
-
- Any way Jim I want to tell you that this e-zine that I read for soon 6
- years is still the reference for underground computers issues.
-
- "bonne continuation"
-
- ------------------------------
-
- Date: Fri, 20 Sep 1996 12:11:24 -0400
- From: Bob Palacios <editor@cdt.org>
- Subject: File 7--CDT Policy Post 2.32 - FBI Surveillance Demands Rejected on Pri
- vacy
- Grounds
-
- The Center for Democracy and Technology /____/ Volume 2, Number 32
- ----------------------------------------------------------------------------
- A briefing on public policy issues affecting civil liberties online
- ----------------------------------------------------------------------------
- CDT POLICY POST Volume 2, Number 32 September 20, 1996
-
- CONTENTS: (1) FBI Demands for Broad New Surveillance Power Rejected on
- Privacy Grounds
- (2) CDT Background Memo on the FBI Demands
- (3) How to Subscribe/Unsubscribe
- (4) 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) FBI Demands for Broad New Surveillance Power Rejected on Privacy
- Grounds
-
- A telecommunications industry standards body on Thursday voted to reject a
- demand by the FBI to create a national tracking system out of the wireless
- telephone network. CDT applauds this decision as a significant victory
- for privacy and condemns the FBI's blatant efforts to subvert the specific
- requirements of the Communications Assistance for Law Enforcement Act
- (CALEA, also known as "Digital Telephony").
-
- "The FBI is demanding that every cell phone double as a tracking device,
- providing instant and continuous location information not just when a
- subject is talking but whenever a cellular phone is turned on. " said CDT
- Executive Director Jerry Berman. "The FBI is demanding real-time tracking
- of anyone suspected of committing a crime. This is a clear violation of
- the statute and the Fourth Amendment." Berman added
-
- At issue are technical standards currently being drafted to implement the
- 1994 law. The FBI, which holds an influential position within the industry
- standards process, has demanded that the wireless telephone network be
- designed in a way that would allow real time tracking of individuals
- suspected of a crime.
-
- Specifically, the FBI is demanding that wireless networks be designed to
- facilitate:
-
- * Tracking of the physical location of a subject any time a cellular
- phone is turned on (even if no call is being made or received)
-
- * Tracking of the physical location of a subject when a cellular phone
- moves within a service area or moves to another carrier's service area
-
- * Tracking of the physical location of a subject when a cellular phone
- makes or receives a call
-
- * Delivery of this information to law enforcement in real time (within
- 500 milliseconds)
-
- Although law enforcement currently has the authority to obtain certain
- location information through a search warrant, the standards proposed by
- the FBI would have allowed access to far more detailed location information
- under a lower standard.
-
- "The law was designed to freeze the FBI in time, not as a blank check to
- the FBI to design the telecommunications network any way it pleased."
- Berman said. "The FBI's demands go far beyond what's permitted under CALEA
- and contradict statements by Director Freeh before Congress 2 years ago."
-
- The drafters of CALEA specifically stated that the statute was not designed
- to expand law enforcement surveillance authority. The Committee report on
- the legislation notes:
-
- "The FBI director testified that the legislation was intended to
- preserve the status quo, that it was intended to provide law
- enforcement no more and no less access to information than it had in
- the past. The Committee urges against over broad interpretation of the
- requirements."
- -- House Judiciary Committee Report to Accompany H.R. 4922. Rept.
- 103-827 Part 1, Page 22
-
- NEXT STEPS
-
- In order to ensure public oversight and accountability over the FBI's
- surveillance authority, CALEA requires the government to reimburse the
- telecommunications industry for the costs of meeting the statute's
- requirements. Congress is currently considering a mechanism to fund the
- implementation of the law.
-
- CDT urges the Congress to exercise its oversight role to determine whether
- the FBI is seeking to use CALEA to expand current surveillance capabilities
- contrary to the specific intent of the law. Unless and until the FBI
- clarifies its intent and justifies its demands, Congress should not allow
- the expenditure of any funds to implement CALEA.
-
- CDT and a ad-hoc task force of other privacy organizations and
- telecommunications industry representatives are currently conducting a
- review of electronic surveillance issues at the request of Senators Patrick
- Leahy (D-VT) and Arlen Specter (R-PA). The task force report will cover the
- implementation of CALEA and will be released within the next few months.
- CDT stands ready to intervene again at the standards setting process and
- before the FCC if necessary in order to ensure that privacy is protected as
- CALEA is implemented.
-
- The Center for Democracy and Technology is a Washington DC based non-profit
- public interest organization focusing on free speech and privacy issues in
- new computer and communications technology. CDT can be found on the World
- Wide Web at: http://www.cdt.org/
-
- -----------------------------------------------------------------------
-
- (2) CDT BACKGROUND MEMO ON THE FBI DEMANDS
-
- FBI SEEKS TO USE CELLULAR TELEPHONES AS TRACKING DEVICES
-
- The FBI is demanding the telecommunications industry design cellular
- telephone networks in a way which would allow law enforcement to track
- the physical location and movements of individuals in clear violation of
- the law. This effort by the FBI raises grave privacy concerns and must
- be rejected by the telecommunications industry.
-
- In ongoing discussions with a Telecommunications Industry Association
- committee established to set technical standards to implement the
- Communications Assistance for Law Enforcement Act (CALEA, P.L. 103-414,
- also known as the "Digital Telephony" statute), the FBI is requesting
- surveillance capability far beyond current law enforcement capabilities and
- in clear violation of the scope of the law.
-
- CALEA was not designed as a blank check from Congress allowing law
- enforcement to design the telecommunications network to expand existing
- surveillance capability. Rather, the statute was carefully balanced to
- ensure that law enforcement maintain the status quo. This overreaching by
- the FBI raises serious privacy concerns and clearly violates the balance
- struck by CALEA. CDT strongly urges Congress to refrain from approving any
- funding for the implementation of CALEA until the FBI makes its intentions
- clear.
-
- FBI Demanding Location Information In Clear Violation of the Statute
-
- The FBI's request is contained in a proposal called the Electronic
- Surveillance Interface (ESI), which specifies the design of the interface
- between the telecommunications network and law enforcement's own
- surveillance equipment. The FBI has refused a formal request by CDT to view
- a copy of the ESI.
-
- However, documents obtained from a meeting of the FBI and the
- telecommunications industry on September 12 indicate that the FBI is
- demanding that cellular networks be designed to deliver location
- information to law enforcement. Specifically, the ESI states that
- cellular networks must be designed to provide the geographic location of a
- particular subject:
-
- The ESI states:
-
- R7-62 The SSM (Surveillance Status Message) shall be delivered to
- the LEA (Law Enforcement Authority) whenever the subject
- changes location or between systems and this location is
- available to the IAP (Intercept Access Point)
-
- In short, the FBI is requesting that the cellular network be designed to
- report the geographic location of an individual subject:
-
- 1. When a cellular phone is turned on (even if no call is made)
- 2. When a cellular phone moves within a service area or moves to another
- carrier's service area.
- 3. When a cellular phone makes or receives a call.
-
- The FBI claims that location information has to be provided to law
- enforcement under CALEA because it is part of "call setup information."
- However, in his testimony before a joint hearing of the House and Senate
- Judiciary Committees on March 18, 1994, FBI Freeh director stated exactly
- the opposite:
-
- "Several privacy-based spokespersons have criticized the wording of the
- definition (of call setup information)... alleging that the government
- is seeking a new, pervasive, automated 'tracking' capability. Such
- allegations are completely wrong.... In order to make clear that the
- acquisition of such information is not... included within the term
- 'call setup information' we are prepared to add a concluding phrase to
- this definition to explicitly clarify the point: '*** except that such
- information [call setup information] shall not include any information
- that may disclose the physical location of a mobile facility or
- service beyond that associated with the number's area code or
- exchange.'" (Testimony of FBI director Louis Freeh before a joint
- hearing of the House Judiciary Subcommittee on Civil and
- Constitutional Rights and the Senate Judiciary Subcommittee on
- Technology and the Law, March 18, 1994. S. Hrg 103-1022).
-
- The drafters of CALEA noted in the Committee report that the statute was not
- designed to expand law enforcement surveillance ability:
-
- "The FBI director testified that the legislation was intended to
- preserve the status quo, that it was intended to provide law
- enforcement no more and no less access to information than it had in
- the past. The Committee urges against over broad interpretation of
- the requirements." (House Judiciary Committee Report to Accompany H.R.
- 4922. Rept. 103-827 Part 1, page 22)
-
- The FBI's demand that all wireless communications equipment provide the
- physical locations of a subscriber at all times goes raises obvious privacy
- issues and goes well beyond the scope of CALEA and the explicit statements
- of the FBI.
-
- No Funds Should Be Appropriated to Implement CALEA Until This Issue is Resolved
-
- In passing CALEA, Congress sought to preserve law enforcement's ability to
- conduct electronic surveillance as new communications technologies are
- developed. At the same time, Congress was very clear that the law was
- designed to preserve the status quo and not to expand law enforcement
- surveillance authority. In addition, Congress took the extra step of
- including substantial Congressional oversight and public accountability to
- the implementation process in order to ensure that law enforcement did not
- overreach and that privacy interests would be protected.
-
- The law requires the telecommunications industry to set standards for
- meeting the FBI's general requirements in an open process, allows
- interested parties to challenge any standard before the FCC if it fails to
- protect privacy, and requires Congressional oversight and accountability
- over the implementation of the law by mandating government reimbursement
- for expensive capability upgrades.
-
- We urge Congress to exercise its oversight role to determine whether in
- fact the FBI is seeking to use CALEA to expand its current surveillance
- capabilities contrary to the intent of the law. Unless and until the FBI
- clarifies its intent and justifies its demands, Congress should not allow
- the expenditure of any funds to implement CALEA.
-
- We look forward to discussing this issue with you further. If you have any
- questions please contact:
-
- Center for Democracy and Technology +1.202.637.9800
- Danny Weitzner, Deputy Director <djw@cdt.org>
- Jonah Seiger, Policy Analyst <jseiger@cdt.org>
-
- -----------------------------------------------------------------------
-
- (3) 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
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- (4) ABOUT THE CENTER FOR DEMOCRACY AND TECHNOLOGY/CONTACTING US
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- End Policy Post 2.32 9/20/96
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-
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-
-
- ------------------------------
-
- Date: Thu, 21 Mar 1996 22:51:01 CST
- From: CuD Moderators <cudigest@sun.soci.niu.edu>
- Subject: File 8--Cu Digest Header Info (unchanged since 7 Apr, 1996)
-
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- ------------------------------
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- End of Computer Underground Digest #8.69
- ************************************
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-