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-
- Computer underground Digest Sun Oct 13, 1996 Volume 8 : Issue 73
- 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, #8.73 (Sun, Oct 13, 1996)
-
- File 1--Selling OverSeas Encryption (fwd)
- File 2--AA BBS (Robert Thomas) Appeal Turned Away
- File 3--A cypherpunk responds to Time
- File 4--Re: White House Clipper 3.1.1 plan unveiled
- File 5--Private censorship vs. free speech, from 10/96 IU
- File 6--Scam spam?
- File 7--Cu Digest Header Info (unchanged since 7 Apr, 1996)
-
- CuD ADMINISTRATIVE, EDITORIAL, AND SUBSCRIPTION INFORMATION ApPEARS IN
- THE CONCLUDING FILE AT THE END OF EACH ISSUE.
-
- ---------------------------------------------------------------------
-
- Date: Wed, 2 Oct 1996 22:19:59 -0400 (EDT)
- From: Noah <noah@enabled.com>
- Subject: File 1--Selling OverSeas Encryption (fwd)
-
- From -Noah
-
- ---------- Forwarded message ----------
- Date--Wed, 2 Oct 1996 12:38:47 -0400 (EDT)
- From--Anthony Williams <alby@UU.NET>
-
- Administration to ease export of encryption software
- October 1, 1996
- Posted at: 3:15 p.m. EDT
-
- WASHINGTON (AP) -- The Clinton administration intends to break a
- deadlock between law enforcement and the U.S. computer industry with a
- plan announced Tuesday to make it easier for companies to sell powerful
- data-scrambling software abroad.
-
- Companies could export such technology as long as they have a system in
- place that would allow U.S. law enforcement officials -- after getting
- a court order -- to break the code in order to intercept
- communications.
-
- President Clinton will sign an executive order instituting the plan in
- the middle of October, said Greg Simon, Vice President Al Gore's
- domestic policy adviser.
-
- The plan "will make it easier for Americans to use stronger encryption
- products -- whether at home or aboard -- to protect their privacy,
- intellectual property and other valuable information," Gore said in a
- statement.
-
- "It will support the growth of electronic commerce, increase the
- security of the global information and sustain the economic
- competitiveness of U.S. encryption product manufacturers," he added.
-
- The plan changes U.S. export policy and affirms current U.S. import
- policy, which places no restrictions on the sale of encryption devices
- within the U.S.
-
- The plan mirrors a proposal by the administration this summer. That
- proposal, considered more acceptable to industry, has been criticized
- by a number of computer trade groups and computer user groups.
-
- At issue is sophisticated software that allows users to scramble
- telephone and computer messages that move across computer networks and
- the Internet. Users, particularly businesses, want to keep their data
- private while law enforcement officials argue they need the power to
- unscramble the messages to investigate crime.
-
- "Law enforcement has been arguing that this is critical to their
- continued operations. But virtually everyone else, from industry to the
- civil liberties community, has opposed these proposals," said Marc
- Rotenberg, director of the Electronic Privacy Information Center.
-
- While the technology is sold domestically, the U.S. State Department
- has blocked efforts to export it, although foreign firms sell their
- software around the world.
-
- Under the most recent White House plan, U.S. companies could export the
- software that scrambles -- or encrypts -- data using codes that are up
- to 56 bits long, Rotenberg said. As it stands, codes may only be 40
- bits long in exported software. Bits are the electronic pulses that
- make up the data being transmitted.
-
- In return, U.S. companies would have to design a system that would
- allow intelligence officials to get the code if they obtain a court
- warrant. The plan also would transfer authority over encryption export
- from the State Department to the Commerce Department, but it would give
- the FBI power to review export plans.
-
- This plan replaces the "clipper chip" the Clinton administration
- proposed in 1994. That would have allowed computer or telephone
- communications to be scrambled while giving the government a set of
- decoding keys to allow for court-approved electronic surveillance.
-
- The latest plan is different than the clipper chip because it would
- make it more difficult for government to unscramble messages,
- government officials say. The keys could be held by third parties and
- their components would be spread across several companies.
-
- The administration believes it will take some time for the United
- States to persuade other countries to adopt the same systems, allowing
- governments to work together.
-
- ------------------------------
-
- Date: Mon, 7 Oct 1996 19:10:31 -0700
- From: "baby-X @ cyberPOLIS" <baby-x@cyberpolis.org
- Subject: File 2--AA BBS (Robert Thomas) Appeal Turned Away
-
- http://www.news.com/News/Item/0,4,4200,00.html
-
- Porn appeal rejected
- By Reuters
- October 7, 1996, 5 p.m. PT
-
- The Supreme Court today opened its new session by rejecting an appeal
- by a California couple involving the first conviction under federal
- law for transmitting obscene materials by computer.
-
- Robert and Carleen Thomas of Milpitas, California, were convicted in
- 1994 in Memphis for sending illegal, sexually explicit files from the
- Amateur Action Computer Bulletin Board System they operated from their
- home for several years. The system included email, chat lines, public
- messages, and about 14,000 files that members could transfer and
- download to their own computers and printers.
-
- ..........
-
- Thomas received a 37-month prison term, while his wife got 30 months.
- The government also seized their computer system.
-
- The couple's attorneys asked the Supreme Court to hear the case. "This
- prosecution represents the first attempt of the federal government to
- apply content-based regulation to the emerging computer-based
- technologies," they said.
-
- The attorneys argued that the federal obscenity law, as previously
- written, did not apply to the files, which were transmitted by
- computer and thus were not tangible objects subject to the law. They
- acknowledged that Congress, in passing the Telecommunications Act this
- year, amended the law to specifically include computer transmissions
- of obscene material.
-
- The Supreme Court turned down the appeal without comment.
-
- Story Copyright =A9 1996 Reuters Limited. All rights reserved.
-
- ------------------------------
-
- Date: Thu, 10 Oct 1996 09:17:21 -0400
- From: Jim Ray <liberty@gate.net>
- Subject: File 3--A cypherpunk responds to Time
-
- (Fwd from: fight-censorship@vorlon.mit.edu
-
- Recently Time, which from what I've read had a role in founding this list,
- printed an article about the cypherpunks. I had some comments, which I have
- inserted. You may forward this [unmodified, please & within the bounds of
- good netiquet] to other appropriate fora if you like. I have not sent it to
- cypherpunks because it is obvious to them, but this article cried out for
- rebuttal, otherwise, combined with cypherpunk's somewhat perjorative suffix,
- it could produce unwarranted post election nastiness.
- JMR
-
- ~~~~~~~~~~~~~~
- Time, October 14, 1996, p. 78.
-
-
- The Netly News
-
- Joshua Quittner
-
- Big Brother vs. Cypherpunks
-
- Well, at least they got the headline right.
-
- For more than three years, the White House and the U.S.
- computer industry have sat locked, eyeball to eyeball, in
- a seemingly intractable face-off over who will control
- the secret codes that protect our most sensitive
- communications. The government claimed to be working to
- protect us from nuke-carrying terrorists; the computer
- industry said it was championing the individual's right
- to privacy. Neither was telling the whole truth.
-
- [As if Time (!) were somehow an arbiter of the truth.]
-
- Last week, in a concession to Silicon Valley, the
- Administration blinked -- or perhaps it merely winked.
- Fittingly, in the arcane world of code making and
- breaking, it's difficult to ferret out who's doing what
- to whom. And why.
-
- Translation: "It requires journalism." Someone else commented: "Oh my, you
- mean different sides of a controversial topic are saying different things?
- What's a po reporter to do?"
-
- A few things are incontrovertible. Vice President Al Gore
- announced the new encryption initiative at midweek, timed
- to coincide with support from an alliance of high-tech
- businesses that included such hardware heavyweights as
- IBM, Sun Microsystems and Hewlett-Packard. However, most
- of the big software makers -- and every civil liberties
- group -- still opposed it.
-
- Gosh, what a surprise. Some individuals out there don't trust the government
- with an ability to decrypt our private communications in almost-realtime.
- Why would people _ever_ feel that way?
-
- At the core of the initiative is a new code-making scheme
- known as "key recovery." Here at last, the government and
- its supporters claimed, was a way to get around the more
- noxious aspects of the reviled Clipper chip, the
- Administration's first doomed attempt to balance the
- industry's call for stronger encryption with law
- enforcement's need to surveil our shadier citizens.
-
- According to Vice President Gore's announcement, this "key recovery" was an
- export-only proposal, and supposedly U.S. citizens are still to be free to
- use any encryption algorithm they wish, just as we are now. Therefore, I
- fail to see what, if anything, it could have to do with the U.S. surveiling
- the communications of "our shadier citizens." Unless, of course, the
- government was lying about their Key Recovery Assurance Program [K.R.A.P.]
- which they are pushing to replace their now-discredited Newspeak of "key
- 'escrow'" GAK [Government Access to Keys] program.
-
- I can see it now: "I'm from the government, and I'm here to help you recover
- your key." HINT: If you want to be able to recover your key after your hard
- drive crashes, copy it onto a floppy disk and write-protect it.
-
- Clipper, as proposed, would use a powerful encryption
-
- [Wrong, unless "Powerful" now means "compromised long-ago by Matt Blaze."]
-
- formula to encode communications sent over telephones and
- computer networks but would require that a "back door"
- key be built into each chip that would give police --
- where warranted, of course -- a means to eavesdrop.
-
- Oh, "of course." We all know how much cops and judges respect the warrant
- process and the 4th amendment these days. Drugwar Uber Alles, after all.
-
- Nobody -- especially foreign companies -- liked the idea
- of the U.S. and its agents holding those keys. The new
- key-recovery proposal tries to get around that objection
- by chopping the keys into several pieces and storing them
- with "trusted agents" of the user's choosing. Some nice
- Swiss banks, perhaps.
-
- Time knows that "nice Swiss banks" are unlikely to get a license to be the
- trusted agents of users' choosing. Time also knows that few terrorists --
- dumb as terrorists often are -- will actually be stupid enough to leave a
- copy of their crypto-key with the FBI. What Time knows and what Time will
- admit are, of course, two entirely different things.
-
- But the Administration's plan still falls short of what
- civil libertarians, and especially a vocal group of
- cryptoextremists who call themselves cypherpunks, say
-
- I suppose it is a distressing sign of the absolute pervasiveness of
- media-bias that I am now beginning to get used to various whining liars
- calling me an "extremist." <sigh> It used to upset me, but now I call them
- "whining liars" and they call me an extremist.
-
- I have yet to hear an answer from the whining liars to my question: "What's
- so extreme about wanting a return to respect for the principles outlined in
- the United States Constitution?" ... I'm not holding my breath...
-
- they need: encryption powerful enough to give back to the
- citizenry the right to absolute privacy, which we have
- lost in the information age. According to the
- cypherpunks, the so-called 56-bit code the Administration
- has okayed for export can be cracked by the National
- Security Agency's supercomputers in a matter of hours.
-
- Wrong again, Josh. It may seem an awful lot like work or journalism or
- something, but perhaps next time before writing about the cypherpunks you
- might want to actually interview one or two of us. The "matter of hours" you
- refer to is almost certainly either a matter of "minutes" or "seconds"
- regarding 56-bit single DES (understandably, the NSA does not publicly
- disclose their exact capabilities with regard to cryptography).
-
- Are they right? It's hard to know whom to believe in this
- cloak-and-dagger debate. Civil libertarians tend to gloss
- over the fact that the world is full of bad people with
- crimes to hide.
-
- Nope, we constantly are made aware of this reality by folks who disagree
- with us. Cypherpunks just maintain that the world is increasingly full of
- *governments*, which also have "bad people with crimes to hide" (believe it
- or not, Josh) and therefore we don't trust governments with our secrets.
-
- The software industry -- which makes 48%
- of its profit overseas --
-
- Obvious evidence of software industry evil here, at least if you listen to
- Pat Buchanan and Ro$$ Perot. Imagine, they make overseas profits -- how
- *dastardly* of that slimy software industry.
-
- is clearly less concerned with
- privacy than with losing foreign sales.
-
- Well, arguably the individuals running those companies embracing KRAP feel
- that way, but trying to characterize an entire industry full of individuals
- as all thinking in one way says more about Time's prejudices than I ever
- could.
-
- And it may be no
- accident that the Administration chose to start making
- concessions the same week an influential software CEO --
- Netscape's Jim Barksdale -- excoriated Clinton's
- cryptopolicy and endorsed Bob Dole.
-
- 56-bit GAK is not a very much of a "concession," and this is not the first
- time Netscape has made statements against the idiotic U.S. export laws. Mr.
- Barksdale may, however, be buying a pig in a poke by endorsing Mr. Dole, who
- has yet to be pinned down by the media covering him on exactly how he feels
- about GAK. His campaign statements are contradictory on the subject of
- cryptography and privacy vs "the legitimate needs of law enforcement," and
- he's going to lose the election in a landslide if the English odds are to be
- believed, but I can predict how he would behave if he won -- Yep, just like
- Clinton.
-
- The issue is too complex -- and too important -- for
- political gamesmanship.
-
- Evidently, the issue is too complex for some reporters and editors, too.
-
- It will never get sorted out
- until somebody starts playing it straight.
-
- Might I suggest that Time begin?
- -----
-
- Read the Netly News daily at netlynews.com on the World
- Wide Web
-
- [End]
-
- Sift through cypherpunks at toad.com -- if you can withstand the deluge.
- [Filtering software suggested.]
-
- Thanks to JQ.
-
- & thanks also to JYA :)
- JMR
-
- ------------------------------
-
- Date: Wed, 9 Oct 1996 01:11:29 -0700
- From: Michael Kwun <kwun@uclink4.berkeley.edu>
- Subject: File 4--Re: White House Clipper 3.1.1 plan unveiled
-
- (I feel like, out of habit, that I'm required to quote part of Richard's
- email, so I'm quoting L, M and N--the conclusions--below)
-
- Tech wars: first of all, the police are going to need to build quite an
- outrageous battering ram to beat down, say, PGP. This is inherent in the
- asymmetric nature of multiplication/factoring technology. Absent a nicely
- fundamental discovery in mathematics (which probably will come sometime,
- but it's a tough problem), building a stronger house (ie doing more
- multiplication) is substantially simpler than building a bigger battering
- ram (ie doing more factoring). That is, PGP stacks the tech wars decidedly
- in favor of the cypherpunks.
-
- Those Amendments: they only protect us insofar as we are able to identify
- when they are broken. If the feds spy on groups and decide which ones to
- harass (oops, conduct further surveillance on) based on illegal seized
- information due to their ability to crack Clipper, that's often going to be
- difficult to identify. (and actually protection under the 4th Amendment is
- getting weaker with each passing year anyway--I see no reason to weaken the
- protections the 4th Amendment was intended to protect, IMHO, any further
- with Clipper and the like).
-
- Anonymity: The right to anonymity is fairly well enshrined in First
- Amendment jurisprudence. The Clipper system, while it may not directly
- impinge on that right in many circumstances, arguably chills it
- considerably. (That's a pretty weak argument, as is, but I think it is the
- kernal of a pretty strong argument, at least if you agree with standard
- First Amendment jurisprudence.)
-
- An analogy: would we be comfortable, if the technology existed, if
- mind-reading taps were surgically implanted in all people under U.S.
- jurisdiction if (1) someone with the right secret code could access a
- person's thoughts without them knowing it; and (2) a Clipper-esque escrow
- system were set up to keep the secret codes from being misused? (use of
- these taps, under the right circumstances, could provide incontrovertible
- evidence as to whether or not criminal intent existed--crucial to sucessful
- prosecution of most criminal charges.) This system could be supported, it
- seems to me, using Richard's analysis of Clipper.
-
- A different sort of hypothetical: consider a proposal that if the police,
- in the investigation of a possible crime, come across an encoded message
- (on paper, not electronic). They are able to show (1) probably cause the
- the unencoded contents would lead to evidence proving D committed the
- crime; and (2) that D can decode the message. If D refuses to decode it,
- why not allow that to be considered evidence of D's guilt? I think the
- policy reasons for this sort of legal doctrine are pretty much the same as
- the ones Richard brings up.
-
- Michael
-
-
- At 12:45 PM -0500 10/8/96, Richard MacKinnon wrote:
-
- >L. Tech wars. Okay, let's postpone J and K for a moment. Let's say that
- >we have gotten to the point that we all need to build big, strong houses to
- >protect us from each other and the police (sheesh--what kind of mess have we
- >gotten ourselves into!!?). The police are a well-funded institution.
- >Eventually, they will build a big-enough battering ram and you're gonna help
- >pay for it. Maybe you'll do it because you're not closely following the
- >morass of legislation. Maybe you'll do it because someone stole your stuff
- >and you'll want it back. But now that the police have a big-enough
- >battering ram, the rest of us are gonna want to build even bigger and
- >stronger houses. It's an escalating war of technology, and frankly, I don't
- >think we can win. In fact, I don't think we should even get into it. Let's
- >go back to J.
- >
- >M (the letter formerly known as J). This distrust of the police concerns
- >me. On this point, Mike Godwin shouted at me at the former High Times
- >restaraunt and smart drink bar in Austin. He said that I was naive. I told
- >him that I used to be a cop. He told me that I should know better. He
- >pressed me to reveal if I had known any crooked cops. Sigh. I know what
- >he's getting at. Of course, I'm concerned with bad law enforcement and bad
- >jurisprudence. But I still value the social contract which means using
- >police to help me protect myself from you. I simply don't have the time to
- >protect myself from the police as well. In fact, I don't want to protect
- >myself from the police. I don't even want to encourage that line of thinking.
- >
- >N. I don't think we should build police-proof houses. We should build
- >houses which assist the police in their lawful duties. If there's a problem
- >with police carrying out their lawful duties then we should deal with THAT
- >problem directly. Why not use our money and resources to monitor *them*
- >rather than build fancy toys which prevents them from monitoring us? The
- >maintenance of a professional, dedicated, and trustworthy police force is
- >essential to the execution of our social contract. Conceding that the
- >police that police do not possess these characteristics and operating with
- >that mindset is a doomed cause for our civilization. Allowing such a police
- >force to continue is a nightmare. Crypto-tech vis a vis the police is a red
- >herring. If the problem is letter J, then we have bigger fish to fry.
-
- ------------------------------
-
- Date: Tue, 8 Oct 1996 18:09:29 -0500
- From: Declan McCullagh <declan@well.com>
- Subject: File 5--Private censorship vs. free speech, from 10/96 IU
-
- (Fwd from: fight-censorship@vorlon.mit.edu
-
- Solveig Bernstein from the Cato Institute and I have opposing pieces
- on "private censorship" in the October issue of _Internet
- Underground_ magazine, in their Flamethrower column.
- (http://www.underground-online.com/) And, as a bit of a plug, the
- magazine's cover story for this month is an exclusive interview with
- John Draper of Cap'n Crunch fame -- who now is a sad and pitiful
- figure.
-
- -Declan
-
- *********
-
- INTERNET UNDERGROUND
- October 1996
- http://www.underground-online.com/
-
- ---
-
- FLAMETHROWER
- Declan McCullagh (declan@well.com)
-
- Far from being the saviors of the Net, corporations may be the ruin of
- cyberspace.
-
- Let's be clear: governments have done plenty to harm the Net. By
- passing the Communications Decency Act (CDA), the U.S. Congress
- extended television-style censorship to the Net. Other countries are
- close behind.
-
- But governments aren't the worst of the cybercensors -- the CDA has
- been declared unconstitutional and netizens are organizing
- internationally. Private businesses pose the more sinister threat to
- free expression online.
-
- Take America Online (AOL), which now boasts over six million members.
- In a move akin to the paranoid antics of a kindergarten schoolmarm,
- AOL this summer started deleting messages posted in Spanish and
- Portuguese since its monitors can't understand them. Undercover AOL
- cops continue to yank accounts of mothers who talk about breast
- feeding and mention the word "nipple." The company's gapingly broad
- "terms of service" agreement allows it to boot anyone, anytime, for
- any reason.
-
- Or consider private universities. Carnegie Mellon University bans
- sexually-explicit Usenet newsgroups -- including innocuous ones
- devoted to Japanese anime -- and "offensive" comments posted online.
- Cornell University forced students who offended campus feminists with
- an email satire to plea-bargain to "voluntary" punishment. Brigham
- Young University disciplines students for downloading porn.
-
- Don't forget net-filtering software. While busily touting itself as
- anti-censorship, CyberSitter quietly blocks the National Organization
- of Women and Queer Resources Directory web sites. CyberPatrol prevents
- teen pornhounds from investigating animal and gun rights pages -- and,
- inexplicably, the Electronic Frontier Foundation's censorship archive.
- NetNanny cuts off AIDS resources including the sci.med.aids and
- clari.tw.health.aids newsgroups. SurfWatch bans domestic partner web
- pages and Columbia University's award-winning "Health Education and
- Wellness" site.
-
- Now, I don't dispute that state censorship is more heinous. The
- government has guns, police, and gallows to back up its laws. Anyone
- caught violating the CDA gets slammed with a $250,000 fine and two
- years in Club Fed.
-
- But to focus exclusively on the evils of government censorship is
- myopic. Private censorship also shrinks the marketplace of ideas, a
- concept California recognized when it passed a law striking down
- private speech codes at universities.
-
- That's why considering only the "speech rights" of businesses without
- looking at the effects the *exercise* of the rights have is bonkers.
- It ignores the very real effects of private censorship online -- which
- is more insidious and harder to combat. And perhaps getting worse.
-
- PUBLIC SQUARES IN CYBERSPACE
-
- People claim the street as theirs on two occasions: to protest and to
- celebrate.
-
- Throughout the history of the United States, there always have been
- readily available public spaces where people can assemble freely. In
- lawyerspeak, these spaces are "public forums" and aren't subject to
- content-based censorship. The only restrictions the state may impose,
- such as a requirement for a permit, must be unrelated to the
- protesters' message. People can scream "U.S. out of Vietnam,"
- "legalize child pornography," or any politically explosive message
- they choose.
-
- Where will the public squares exist in 21st century cyberspace?
-
- Nowhere. Cyberspace is and likely will continue to be controlled by
- corporations. Unlike in meatspace, there is no public forum for
- controversial expression that offends the multinationals that jointly
- own the Net.
-
- Sure, it's trivial to shift your embattled web site from one Internet
- service provider to another. Right now, at least. In Canada, Marc
- Lemire didn't find it so easy when his "White Nationalist" site was
- kicked off of a number of ISPs in quick succession. (The Simon
- Wiesenthal Center has been busy firing off terse letters to Lemire's
- ISPs -- and clamoring for government crackdowns as well.) USENET
- flamer and outspoken homophobe Fred Cherry keeps losing email
- accounts.
-
- This problem will become acute if the small number of Internet
- backbone providers like MCI and Sprint -- which number only in the
- single digits -- buckle to public pressure from groups like the
- Wiesenthalers and refuse to provide connections to ISPs that host
- controversial web sites.
-
- If that happens, netizens will find their rosy vision of the Net as
- the birthplace of a new form of democracy overwhelmed by the sad
- reality of a new media oligarchy aborning.
-
- *******************
-
- FLAMETHROWER
- By Solveig Bernstein (sberns@cato.org)
-
- The decision to remain silent is an act of conscience, just like the
- decision to speak. So the view that acts of "private censorship"
- violate rights of free speech is incoherent. If an online service
- provider ousts a Web site that posts explicit messages about sex, in
- violation of the terms of their service contract, or a non-profit
- organization persuades some Internet Service Providers to refuse to
- host "Holocaust Revisionist" web sites, these decisions do not violate
- rights of free speech.
-
- Indeed, such private content selection decisions are themselves acts
- of free speech. They are just like a newspaper editor's decision not
- to run a certain letter to the editor, or a publisher's decision not
- to publish a certain book. The editor and publisher have created a
- means of distributing speech. The outlet they have created is their
- property, and they have the right to decide what to do with it. Other
- private companies in the speech distribution business are no
- different.
-
- Private content selection has the superficial feel of government
- censorship. But it's dangerous to confuse the two. To see what can
- happen, let's accept the premise that a private company that refuses
- to provide a forum for speech violates the would-be speaker's free
- speech rights. This is a very serious charge. Assuming government
- exists for some legitimate purpose, it surely exists to protect our
- rights. If the ISP or OSP mentioned above is violating someone's
- rights, it logically follows that the government should take action
- against them.
-
- First, this means that the government would become responsible for
- overseeing the distribution of computer network content. Clearly,
- this is not a very good idea. Second, fortunately, it's fundamentally
- incompatible with the First Amendment. The Supreme Court recognizes
- that "[t]he right of freedom of thought protected by the First
- Amendment against state action includes both the right to speak freely
- and the right to refrain from speaking at all." And the right to
- refrain from speaking includes the right not to provide a forum for
- other speakers (a misguided case or two to the contrary
- notwithstanding).
-
- Any premise that lead us towards more government control over computer
- networks should be questioned. Where does the notion that private
- content selection violates free speech rights come from? Often, it
- stems from the view that we have rights to speech because "more speech
- is good." On this view, free speech rights float out in the ether,
- with no connection any other aspect of our world, and come into play
- whenever we need "more speech." But free speech rights are nothing
- like that. They're just another aspect of property rights, and only
- extend as far as property rights. Free speech doesn't mean I have the
- right to walk into my neighbor's house to make a speech, or write an
- essay, however enlightened, on the wall of an office building.
-
- Another fallacy behind the premise is the view that free speech rights
- come into play against anyone who has a lot of power over anyone else.
- And, the theory goes, ISPs and OSPs just have too much power. They
- might, in some very hypothetical unlikely future, turn into
- monopolists.
-
- This argument also goes too far, too fast, in the wrong direction.
- ISPs and OSPs don't have any more power over authors than the New York
- Times, or any big publishing house. Most parents have even more power
- over their children. These kind of power relationships are a
- necessary and natural part of life; anyone who has something we want
- or need will have power over us. This doesn't mean that if someone is
- exercising that power, he or she is violating our rights. A theory of
- rights that aims to do away with these power relationships is
- fundamentally unrealistic; it's ultimate aim would have to be to
- abolish reality itself. By contrast, it is both necessary and proper
- to expect rights to provide a line of defense against the kind of
- power uniquely exercised by government -- the power of soldiers and
- police.
-
- So, we might criticize private content selection decisions as
- intolerant. We could point out that suppressing "revisionist" nonsense
- about the Holocaust might backfire, and that the truth should be
- brought out in open discussion. We might point out that overly
- restrictive ISPs and OSPs will lose customers. But none of this has
- anything to do with rights of "free speech" protected against true
- censorship by the First Amendment.
-
- ------------------------------
-
- Date: Wed, 2 Oct 1996 12:55:17 -0400 (EDT)
- From: "I G (Slim) Simpson" <ssimpson@cnwl.igs.net>
- Subject: File 6--Scam spam?
-
- I don't know if this information is CUD material, but I thought I
- smelled a scam and decided to send this in.
-
- On Monday, 30 September I received some spam advertising a 'we'll
- scan your picture for you (only US$8.95)' from CB256@aol.com. The
- only headers were From:; Subject:; and Date:. The only contact
- information was a snail mail address to receive your money and the
- address of the company's web page
- (www.jet.laker.net/fastfoto). I don't like spam so I sent a I HATE
- SPAM message to CB256@aol.com. It got bounced; no such address!
-
- Ho Ho, says I. I went into the web site and found the same stuff as
- had been in the e-mail message; but no e-mail address, no phone
- number, no fax number,
- just the same surface mail address to send your money to.
-
- To be kind, maybe the folks at Fastfoto of Pomano Beach, Florida,
- are just very poor business people. Maybe they just forgot to
- include electronic contact information. May the shortened header
- was an attempt to save bandwidth. I didn't send any money.
-
- ------------------------------
-
- Date: Thu, 21 Mar 1996 22:51:01 CST
- From: CuD Moderators <cudigest@sun.soci.niu.edu>
- Subject: File 7--Cu Digest Header Info (unchanged since 7 Apr, 1996)
-
- Cu-Digest is a weekly electronic journal/newsletter. Subscriptions are
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-
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-
- Or, to subscribe, send post with this in the "Subject:: line:
-
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-
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- URL: http://www.soci.niu.edu/~cudigest/
-
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- information among computerists and to the presentation and debate of
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-
- ------------------------------
-
- End of Computer Underground Digest #8.73
- ************************************
-
-
-