The Hacker's Encyclopedia 1998

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Computer underground Digest Mon Nov 25, 1996 Volume 8 : Issue 83 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, #8.83 (Mon, Nov 25, 1996) File 1--WIPO Database Treaty -- Sign-on letter File 2--CYBERLAW: No. 1, November 7, 1996 File 3--Cu Digest Header Info (unchanged since 17 Nov, 1996) CuD ADMINISTRATIVE, EDITORIAL, AND SUBSCRIPTION INFORMATION ApPEARS IN THE CONCLUDING FILE AT THE END OF EACH ISSUE. --------------------------------------------------------------------- Date: Tue, 12 Nov 1996 12:25:08 -0800 (PST) From: Declan McCullagh <declan@well.com> Subject: File 1--WIPO Database Treaty -- Sign-on letter Source - fight-censorship@vorlon.mit.edu ---------- Forwarded message ---------- From--"Craig A. Johnson" <caj@tdrs.com> Date-- Tue, 12 Nov 1996 10:51:02 +0000 Declan, Your readers may be interested in this serious threat to "fair use" and the transmission of "facts" online. Craig ===================================================== Interested organizations/companies are invited to sign onto the following letter, which addresses concerns that have been raised regarding a proposed new Treaty concerning access to electronic databases. The Treaty is expected to be discussed at the diplomatic conference in Geneva this December on behalf of the World Intellectual Property Organization. The proposed Treaty grants a new property right to database owners, which does not incorporate a public "fair use" doctrine, or other traditional copyright conventions. Recent analyses of the Treaty by Jamie Love of the Consumer Project on Technology indicates that the Treaty will create a new property right in facts and other data now in the public domain. It would, for example, significantly change the way sports statistics are controlled and disseminated, and also impact the way that stock prices, weather data, train schedules, data from AIDS research and other facts are used and controlled. Jamie writes: The treaty seeks, for the first time, to permit firms to "own" facts they gather, and to restrict and control the redissemination of those facts. The new property right would lie outside (and on top) of the copyright laws, and create an entirely new and untested form of regulation that would radically change the public's current rights to use and disseminate facts and statistics. American University Law Professor Peter Jaszi recently said the treaty represents "the end of the public domain." Copies of the proposed treaty, a federal register notice asking for public comment, and independent commentary can be found at: http://www.public-domain.org/database/database.html Details and analyses on the Treaty can be found on the Web at: http://www.public-domain.org, and CPT's "primer" on the treay and analysis of the impact on sports statistics is available at: http://www.essential.org/cpt/ip/wipo-sports.html Copyright experts J.H. Reichman and Pamela Samuelson say it is the "least balanced and most potentially anti-competitive intellectual property rights ever created." [http://ksgwww.harvard.edu/iip/reisamda.html] Organizations that wish to sign onto this letter should contact Susan Evoy at CPSR, evoy@cpsr.org. Comments on the Treaty are due by Nov. 22, so signatures are requested as soon as possible. Craig ------------------------------------ Commissioner Bruce Lehman Patent and Trademark Office U.S. Department of Commerce Dear Commisioner Lehman: We, the undersigned organizations, are writing to express our concern over the "Draft Treaty in Respect to Databases" to be discussed at the diplomatic conference in Geneva this December on behalf of the World Intellectual Property Organization (the "Treaty"). The proposed Treaty grants a new sui generis property right, which does not incorporate a public "fair use" doctrine, or other traditional copyright conventions. If enacted as proposed, the Treaty will do violence to the long-established practice in the academic and scientific communities of sharing information for educational and research purposes and will commercialize certain information that is and has always been freely available. Section 1.03 of the proposed Treaty claims that current technology allows databases to be reproduced at "practically no cost." This is not true. An online database is a complex system with much underlying structure that the user never sees. Accessing or copying large portions of the database at minimal or no cost is simply not feasible. But, the proposed Treaty would make the use of databases by the public or scientific and research communities even more prohibitive by permitting database owners or vendors to arbitrarily determine what portion of a database can be extracted, used, or reused. Section 1.04 of the proposed Treaty argues that the originality requirement of U.S. Copyright law does not provide sufficient protection for database producers. This statement is curious in light of a long U.S. legal tradition protecting free speech and authorship on the grounds that facts cannot be copyrighted or otherwise removed from the public domain. By creating a new property right for facts, the Treaty will impose regulations on the use of facts -- an idea that flies in the face of American history and values. The twin dangers are that we will now have to pay to buy collections of "facts" in the public domain, which we did not have to pay for before and that monopolies will be sanctioned and created by the Treaty. In other words, the Treaty strikes down "fair use" and extends sui generis protections to public and private collections. Section 1.04 becomes increasingly incomprehensible in light of the Section 10.05 proposal that "Contracting Parties may design the exact field of application of the provisions envisaged in this Article taking into consideration the need to avoid legislation that would impede lawful practices and the lawful use of subject matter that is in the public domain." In order to implement the spirit of Section 10.05, Section 1.04 and its progeny must be discarded. Consider the numerous categories of public information for which only one practical and/or cost effective information source exists. The practical result of the Treaty will be to create commercial monopolies on these public information sources. Examples include telephone directory information, weather data, "official" sports statistics, government data administered under private contracts (such as the Official Airline Guide data) and other similar public information. It is shocking that the United States Government is seriously considering supporting a proposal that will operate to maximize profits to a small number of database vendors at the expense of the public at large without first undertaking a careful domestic review of these concerns. We urge you to examine this issue through Congressional hearings and other meaningful public discussion. Sincerely, Marcy J. Gordon, Esq. 66 Pearl Street #307 New York, NY 10004-2443660 (212)514-9514 mgordon@pipeline.com On behalf of the Computer Professionals for Social Responsibility Audrie Krause Executive Director NetAction 601 Van Ness Avenue, No. 631 San Francisco, CA 94102 (415) 775-8674 akrause@igc.org ------------------------------ Date: Thu, 7 Nov 1996 12:14:12 -0600 From: Larry Lessig <Lawrence_Lessig@SSRN.Com> Subject: File 2--CYBERLAW: No. 1, November 7, 1996 ----------------------------------------------------------- CYBERSPACE LAW ABSTRACTS Number 1 November 7, 1996 ------------------------------------------------------------ Editor: Lawrence Lessig Published by the Legal Scholarship Network (LSN) a division of Social Science Research Network (SSRN) Copyright by Social Science Electronic Publishing, Inc. (SSEP) 1996 All rights reserved. Special Notice -------------- This issue is being sent to you either on a trial basis or because you have subscribed to Cyberspace Law Abstracts (CYBERLAW). CYBERLAW is free during the start-up phase of publication. When CYBERLAW becomes a fee-based journal, you will be charged only if you ask at that time to continue to receive it. + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + To stop delivery of one or more of the SSRN journals, + + write to Remove@SSRN.Com Include the JOURNAL name or + + the NETWORK name or ALL in the subject line. + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + You may distribute this document in whole only. If you have received this document because it was forwarded to you from someone else and you wish to subscribe to CYBERLAW, please complete the subscription form near the end of this issue. If this document is misaligned, try setting your mailer to a non-proportional font such as Courier 10. |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||| ||||||||||||||| TABLE OF CONTENTS ||||||||||||||| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||| ------------------------------------------------------------ ACCEPTED PAPERS (see abstracts below) ------------------------------------------------------------ "The Ancient Doctrine of Trespass to Web Sites" (Journal of Online Law, Forthcoming) TROTTER HARDY William & Mary School of Law "Law And Borders--The Rise of Law in Cyberspace" (Stanford Law Review, Forthcoming May 1996) DAVID R. JOHNSON Counsel Connect DAVID G. POST Georgetown University Law Center "The Essential Role of Trusted Third Parties in Electronic Commerce" (75 Oregon Law Review 49, 1996) A. MICHAEL FROOMKIN University of Miami School of Law ------------------------------------------------------------ WORKING PAPERS (see abstracts below) ------------------------------------------------------------ "Eggs In Baskets: Distributing The Risks Of Electronic Signatures" BENJAMIN WRIGHT Attorney at Law ------------------------------------------------------------ CYBERLAW INFORMATION ------------------------------------------------------------ * Editor * Advisory Board * About CYBERLAW * Submitting Abstracts, Professional Announcements, and Job Openings * Missing Issues and Change of Address * Subscription Form Obtaining Papers ---------------- Unless otherwise noted, papers are available *electronically only.* You can download them from http://www.ssrn.com/CyberLaw/lawpaper.html Papers are *not* available in hard copy. An address is included only for the purpose of corresponding with the author. Clickable E-Mail and Web Addresses ---------------------------------- All e-mail and web references below are in a form that enables compliant e-mail programs and web browsers (including Eudora 3.0 and NetScape 2.0 or higher) to recognize them. A reader can then click on an e-mail address to obtain a pre-addressed e-mail form or click on a web address to go directly to the web page. PLEASE IGNORE the "MAILTO:" command preceding each e-mail address when copying addresses directly into your mailer. You can obtain e-mail and web browsers with this new feature at: http://www.eudora.com/ Eudora http://home.netscape.com/ Netscape ------------------------------------------------------------ ACCEPTED PAPER ABSTRACTS (published with permission) ------------------------------------------------------------ "The Ancient Doctrine of Trespass to Web Sites" Journal of Online Law, Forthcoming BY: TROTTER HARDY William & Mary School of Law CONTACT: Trotter Hardy E-MAIL: MAILTO:thardy@facstaff.wm.edu POSTAL: Marshall-Wythe School of Law, College of William & Mary, Williamsburg VA 23187 PHONE: (804) 221-3826 FAX: (757) 221-3261 LSN-REF: CYBERLAW:APS96-001 PAPER REQUESTS: Copies of this paper are obtainable from http://www.ssrn.com/CyberLaw/lawpaper.html The common law action of trespass to real property served to establish and preserve the very notion of "property" in land. Many of the words used to describe Web sites have a basis in real property: the word "site" itself is one, as are such expressions as "home" pages, "visiting" Web sites, "traveling" to a site and the like. This usage suggests that the trespass action might appropriately be applied to Web sites as well. The question is not merely academic, for the "obvious" protections-technology and copyright law-may not work. That analogies to real property trespass *can* be made does not suggest, however, that they *should* be made. The fundamental issue is whether the treatment of Web sites as property makes sense in light of the justifications for the institution of property generally. Four strands of property theory-Locke's natural rights, Bentham's utilitarianism, Hardin's "tragedy of the commons," and Radin's "property as personhood"-turn out to yield strong justifications for treating Web sites as property and hence for the application to them of the common law of trespass. ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ "Law And Borders--The Rise of Law in Cyberspace" Stanford Law Review, forthcoming 1996 BY: DAVID R. JOHNSON Counsel Connect DAVID G. POST Georgetown University Law Center CONTACT: David R. Johnson E-MAIL: MAILTO:david.johnson@counsel.com POSTAL: Counsel Connect, 600 New Jersey Ave, NW Washington, DC 20001 PHONE: (202) 662-9000 FAX: (202) 662-9444 CO AUTH: MAILTO:postd@erols.com LSN-REF: CYBERLAW:APS96-002 PAPER REQUESTS: Copies of this paper are obtainable from http://www.ssrn.com/CyberLaw/lawpaper.html Global computer-based communications cut across territorial borders, creating a new realm of human activity and undermining the feasibility--and legitimacy--of applying laws based on geographic boundaries. While these electronic communications play havoc with geographic boundaries, a new boundary, made up of the screens and passwords that separate the virtual world from the "real world" of atoms, emerges. This new boundary defines a distinct Cyberspace that needs and can create new law and legal institutions of its own. Territorially-based law-making and law-enforcing authorities find this new environment deeply threatening. But established territorial authorities may yet learn to defer to the self-regulatory efforts of Cyberspace participants who care most deeply about this new digital trade in ideas, information, and services. Separated from doctrine tied to territorial jurisdictions, new rules will emerge, in a variety of on-line spaces, to govern a wide range of new phenomena that have no clear parallel in the nonvirtual world. These new rules will play the role of law by defining legal personhood and property, resolving disputes, and crystallizing a collective conversation about core values. ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ "The Essential Role of Trusted Third Parties in Electronic Commerce" 75 Oregon Law Review 49 (1996) BY: A. MICHAEL FROOMKIN University of Miami School of Law CONTACT: Michael Froomkin E-MAIL: MAILTO:froomkin@law.miami.edu POSTAL: University of Miami School of Law, 1311 Miller Drive, PO Box 248087, Coral Gables, FL 33124 PHONE: (305) 284-4285 FAX: (305) 284-2349 LSN-REF: CYBERLAW:APS96-003 PAPER REQUESTS: Copies of this paper are obtainable from http://www.ssrn.com/CyberLaw/lawpaper.html The article describes the role of "Certification Authorities" (CAs) in the emerging field of electronic commerce. CAs issue certificates to participants in electronic commerce that provide indicia of identity or authority, or supply a transactional timestamp. Several states, including California, Utah, Washington, Florida, Georgia, and New Mexico, have passed ,or are considering, legislation to regulate CAs; the article seeks to inform this process by examining the law applicable to the issuance of digital certificates absent specific legislation. As part of an effort to identify legal problems CAs are likely to engender, the article examines a CA's potential liability if a customer tricks a CA into issuing a false identity credential. Among the issues discussed are the size of the class of foreseeable relying parties and whether the CA produces a "good" or a "service" or a hybrid of the two under Article 2 of the U.C.C. The article concludes with a survey of the major arguments for and against regulation of CAs, and cautions against over-hasty grants of blanket immunity of CAs against liability for their own negligence. ------------------------------------------------------------ WORKING PAPER ABSTRACT ------------------------------------------------------------ "Eggs In Baskets: Distributing The Risks Of Electronic Signatures" BY: BENJAMIN WRIGHT Attorney at Law CONTACT: Benjamin Wright E-MAIL: MAILTO:73457.2362@compuserve.com POSTAL: 3431-1/2 Granada Avenue, Dallas, TX 75205-2233 PHONE: (214) 526-5254 FAX: (214) 526-0026 LSN-REF: CYBERLAW:WPS96-001 PAPER REQUESTS: Copies of this paper are obtainable from http://www.ssrn.com/CyberLaw/lawpaper.html Electronic commerce brings questions about how to sign, or evidence legal approval of, electronic documents. Evidence that a person approved a particular electronic document might be gathered many different ways. The article evaluates two ways, one using public-key cryptography and the other using pen biometrics. It compares the philosophy for mananaging risk in the Utah Digital Signature Act with that behind a signature technology known as PenOp. ----------------------------------------------------------- CYBERLAW INFORMATION ----------------------------------------------------------- CYBERLAW EDITOR --------------- LAWRENCE LESSIG Professor of Law, University of Chicago. CYBERLAW ADVISORY BOARD ---------------------- A. MICHAEL FROOMKIN Associate Professor of Law, University Miami School of Law Fellow, Cyberspace Law Institute; Member of Editorial Board of Journal of Online Law; Foreign Associate, the Royal Institute of International Affairs I. TROTTER HARDY Professor of Law, William and Mary School of Law; Editor, the Journal of Online Law DAVID R. JOHNSON Chairman, Counsel Connect; Co-Director, Cyberspace Law Institute ETHAN KATSH Professor of Legal Studies, University of Massachusetts at Amherst; Co-Director, Online Ombuds Office; Fellow, Cyberspace Law Institute; Member of Editorial Board of Journal of Online Law, Cyberlaw, Technolaw, and West Legal Network MARK A. LEMLEY Assistant Professor, University of Texas School of Law; Of Counsel, Fish & Richardson, P.C.; Member, Board of Editors, American Intellectual Property Law Association Quarterly Journal; Advisory Editor, Texas Intellectual Property Law Journal JESSICA LITMAN Professor of Law, Wayne State University Law School DAVID POST Visiting Associate Professor of Law, Georgetown University Law Center; Co-Director, Cyberspace Law Institute; Editorial Board, Lexis Electronic Authors Press MARGARET JANE RADIN William Benjamin Scott and Luna M. Scott Professor of Law, Stanford Law School; Founding board of editors, Legal Theory; Co-Director, Cyberspace Law Institute. PAMELA SAMUELSON Professor of Law and of Information Management, University of California at Berkeley; Contributing Editor, Communications of the ACM; Fellow of the Electronic Frontier Foundation EUGENE VOLOKH Acting Professor of Law, UCLA Law School ABOUT CYBERLAW -------------- This Journal publishes abstracts of papers dealing with all aspects of the regulation of cyberspace, whether that regulation is through law, social norms, or the architecture of the network. The approach of the Journal is inter-disciplinary: We will abstract papers in law and in other related social science disciplines that raise issues related to the regulation of cyberspace. Comments and suggestions about CYBERLAW are welcome. Please send them to the editor at: MAILTO:Larry_Lessig@SSRN.Com CYBERLAW is the seventh internet-based journal of abstracts published by the Legal Scholarship Network (LSN), a division of Social Science Electronic Publishing, Inc. (SSEP). LSN also publishes Law and Economics Abstracts (LEA), Corporate, Securities, and Finance Law Abstracts (CSFLA), Bankruptcy, Reorganization, and Creditors' Rights Abstracts (BRCRA), Tax Law and Policy Abstracts (TLPA), Criminal Law and Procedure (CLPA) and Constitutional Law (CONLAW). LSN plans additional journals in other major fields of law, including environmental law and policy, intellectual property law, and civil procedure. LSN is co-directed by Ronald J. Gilson and A. Mitchell Polinsky. Gilson is the Charles J. Meyers Professor of Law and Business at Stanford Law School, and the Marc and Eva Stern Professor of Law and Business at Columbia University School of Law. Polinsky is the Josephine Scott Crocker Professor of Law and Economics and Director of the John M. Olin Program in Law and Economics at Stanford Law School. Professors Gilson and Polinsky also are the editors of LEA. SUBMITTING ABSTRACTS, PROFESSIONAL ANNOUNCEMENTS, AND JOB OPENINGS ---------------------------------- Authors interested in having abstracts included in CYBERLAW should send an abstract (approximately 150-200 words) *by email* and a copy of their article to: Larry Lessig Harvard/ Taubman 210 79 JFK St Cambridge, MA 02138 MAILTO:Larry_Lessig@ssrn.com Please include the professional affiliation and e-mail address of each author, and the postal address, phone number, and fax number of at least one author. If you want readers to have access to electronic copies of your paper, please e-mail a file to Lawrence Lessig at the above email address. Authors submitting files and abstracts warrant that they have the copyright and are assigning that right, non-exclusively, to Cyberspace Law Abstracts for further distrubution. If readers should contact someone other than the author to obtain a copy of the paper, please provide that information as well. Also, if the article has been accepted for publication, please indicate where it will be published. Abstracts and articles may be submitted by e-mail (preferred for abstracts), on diskette (indicate format), or by hard copy. Professional announcements and job openings also should be submitted to Professor Lessig, preferably by e-mail. MISSING ISSUES AND CHANGE OF ADDRESS ------------------------------------ Contact MAILTO:Missing@SSRN.Com for missing issues, or MAILTO:AddressChg@SSRN.Com for e-mail address changes. We may not be aware of a problem unless you contact us. COMPLIMENTARY TRIAL SUBSCRIPTIONS --------------------------------- Subscriptions to CYBERLAW are free during the start-up phase of publication. Please send the following completed subscription form to: MAILTO:Trial@SSRN.Com Or use our automated web form at http://www.SSRN.com/ Contact MAILTO:Mitchell_Polinsky@SSRN.Com if your group or organization is interested in obtaining a multi-user site license for LSN journals (also free during the start-up phase of publication). ____________________________________________________________ SSRN SUBSCRIPTION FORM To fill out this form using your e-mail program, "Forward" this message to MAILTO:TRIAL@SSRN.Com Select appropriate items by placing an X in the brackets. Enter your name, phone number and the e-mail address you would like the journals mailed to. Full Name: Telephone #: E-Mail Address: Organization or University: Title: Your organization and phone number are needed for resolving mail bounces If you are a student, please complete the following: Program: [ ] Ph.D [ ] MBA [ ] AB Date of Expected Graduation: Place an X in the brackets next to the items you wish to receive: 1. [ ] LSN: LEGAL SCHOLARSHIP NETWORK Co-Directors: Ronald Gilson (Stanford & Columbia Law Schools) A. Mitchell Polinsky (Stanford Law School) Subscriptions to the LSN journals are FREE during the start-up phase of publication which should last until year end at least. When you subscribe to a journal, you will also receive the Professional Announcements and Job Listings for that network. The forthcoming journals will be appearing over the next few months. 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[ ] Forensic Economics (forthcoming) 3. [ ] FEN: FINANCIAL ECONOMICS NETWORK Co-Directors: Michael C. Jensen (Harvard Business School) M. Wayne Marr (SSEP) FEN is now fee based. You will receive a free 4-week trial subscription to all its journals if you check "FEN", or to the journals you mark below. If you would like to become a regular paid FEN member, please contact MAILTO:Subscribe@SSRN.Com [ ] Corporate Finance and Organizations [ ] Banking and Financial Institutions [ ] Capital Markets [ ] Derivatives [ ] Real Estate [ ] Finance Teaching and Case Abstracts [ ] FEN Professional Announcements [ ] FEN Professional Job Openings 4. [ ] ARN: ACCOUNTING RESEARCH NETWORK Director: Ross Watts (U. of Rochester) ARN is now fee based. You will receive a free 4-week trial subscription to the JAA if you check "ARN." If you would like to become a regular paid ARN member, please contact MAILTO:Subscribe@SSRN.Com The Journal of Accounting Abstracts will be broken into 3 separate journals. Current paid subscribers will receive these journals free during their calender subscription year. [ ] Journal of Accounting Abstracts [ ] Financial Accounting Abstracts (forthcoming) [ ] Managerial Accounting Abstracts (forthcoming) [ ] Auditing, Litigation and Tax Abstracts (forthcoming) [ ] ARN Professional Announcements [ ] ARN Professional Job Openings 5. [ ] ERN: ECONOMICS RESEARCH NETWORK Co-Directors: Martin Feldstein (Harvard U. and NBER) Michael C. Jensen (Harvard Business School) Subscriptions to the ERN journals are FREE during the start-up phase of publication which should last until year end at least. When you subscribe to a journal, you will also receive the Professional Announcements and Job Listings for that network. The forthcoming journals will be appearing over the next few months. [ ] Agricultural Economics (forthcoming) [ ] Development Economics [ ] Econometrics [ ] Economic and Business History [ ] Environmental Economics [ ] European Economics (forthcoming) [ ] Health Economics [ ] Industrial Organization and Regulation [ ] International Finance [ ] International Trade [ ] Labor [ ] Latin American Economics (forthcoming) [ ] Macroeconomics [ ] Microeconomic Theory [ ] Monetary Economics [ ] Organizations & Markets (forthcoming) [ ] Public Economics [ ] ERN Professional Announcements [ ] ERN Professional Job Openings ____________________________________________________________ Copyright by SSEP, Inc. 1996 All rights reserved. ------------------------------ Date: Thu, 21 Mar 1996 22:51:01 CST From: CuD Moderators <cudigest@sun.soci.niu.edu> Subject: File 3--Cu Digest Header Info (unchanged since 17 Nov, 1996) Cu-Digest is a weekly electronic journal/newsletter. Subscriptions are available at no cost electronically. 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Readers are encouraged to submit reasoned articles relating to computer culture and communication. Articles are preferred to short responses. Please avoid quoting previous posts unless absolutely necessary. DISCLAIMER: The views represented herein do not necessarily represent the views of the moderators. Digest contributors assume all responsibility for ensuring that articles submitted do not violate copyright protections. ------------------------------ End of Computer Underground Digest #8.83 ************************************