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- EFFector Online Volume 7 No. 1 01/07/1994 editors@eff.org
- A Publication of the Electronic Frontier Foundation ISSN 1062-9424
-
-
- In This Issue:
-
- EFF Board's Kapor and Dyson Appointed to NII Advisory Council
- EFF Helps to Eliminate Outrageous Sentences for Computer Crimes
- An Arts and Humanities Policy Symposium for the NII (Boston, 1994)
- Commerce Dept. BBS Update
- New Outposts on the Electronic Frontier
- What You Can Do
-
-
- --==--==--==-<>-==--==--==--
-
-
- EFF Board's Kapor and Dyson Appointed to NII Advisory Council
-
- EFF Chairman of the Board Mitch Kapor and Board Member Esther Dyson were 2
- of 27 communications leaders appointed to the Clinton Administration's
- National Information Infrastructure Advisory Council. The Advisory Council
- will work with the Administration on developing a comprehensive
- telecommunications policy to meet the needs of both government and the
- private sector.
-
- Mitch Kapor established the Electronic Frontier Foundation in 1990 with
- John Perry Barlow and currently serves as EFF's Chairman of the Board.
- Mitch has testified before Congress on communications and computer topics
- on many occasions. His articles on computer networks and civil liberties,
- intellectual property, and software design have been published in
- Scientific American, Forbes, Wired and many other publications. Mitch was
- the founder of Lotus Development Corporation, were he served as President
- and Chief Executive Officer from 1982 to 1986, and designed the Lotus 1-2-3
- spreadsheet program.
-
- Esther Dyson is President of EdVenture Holdings, where she writes and
- publishes Release 1.0, a monthly newsletter highlighting trends in computer
- technology. Esther publishes a second newsletter, Rel-EAST, which shares
- her insights in the newly emerging commercial markets of central and
- eastern Europe. Esther also sponsors the PC Forum and East-West High Tech
- Forum conferences. Esther serves on the Board of Trustees of the Santa Fe
- Institute; is a member of the Global Business Network and the Women's
- Forum; and serves as an advisor to Perot Systems and the Poynter Institute
- for Media Studies.
-
- The other members of the NII Advisory Council are:
-
- Delano Lewis, CEO, National Public Radio (co-chair of the Council)
- Edward McCracken, CEO, Silicon Graphics (co-chair of the Council)
- Morton Bahr, Communications Workers of America
- Toni Bearman, Dean, U. of Pittsburgh School of Library and Info. Sciences
- Bonnie Bracey, elementary school teacher, Arlington County, VA
- John Cooke, Pres., Disney Channel
- Craig Fields, CEO, MCC
- Lynn Forester, CEO, FirstMark Holdings
- Carol Fukunaga, Senator, State of Hawaii
- Haynes Griffin, CEO, Vanguard Cellular Systems
- George Heilmeier, CEO, Bellcore
- Susan Herman, GM, Dept. of Telecommunications, City of Los Angeles
- James Houghton, CEO, Corning
- Stanley Hubbard, CEO, Hubbard Broadcasting
- Robert Johnson, Pres., Black Entertainment Television/District Cablevision
- Robert Kahn, Pres., Corporation for National Research Initiatives
- Deborah Kaplan, VP, World Institute on Disability
- Alex Mandl, VP, AT&T
- Nathan Myhrvold, Sr. VP Advanced Tech, Microsoft Corporation
- Mac Norton, Attorney, Wright, Lindsey & Jennings
- Vance Opperman, Pres., West Publishing
- Jane Smith Patterson, Tech. Advisor to the Governor of North Carolina
- Bert Roberts, CEO, MCI
- John Sculley, CEO, Spectrum Info Tech
- Joan Smith, Chair, Oregon PUC
-
-
- --==--==--==-<>-==--==--==--
-
-
- Subject: EFF Helps to Eliminate Outrageous Sentences for Computer Crimes
-
- Comments opposing the United States Sentencing Commission's proposed
- guideline for the Computer Fraud and Abuse Act submitted by EFF, SEA (the
- Society for Electronic Access), CPSR and others have been taken to heart.
- The U.S.S.C. recently announced a *new* proposal for Computer Fraud and
- Abuse sentencings. Instead of the single guideline for all computer crimes
- proposed by the Department of Justice last year, the new guideline takes
- into account the intention of the defendant by directing the sentencing
- court to the most appropriate existing guideline.
-
- For example, under the old proposed guideline, a first time offender who
- accessed a computer without authority, copied a non-protected file, and
- posted that file to a BBS would get 10 to 16 months in prison with no
- parole -- the judge would have been directed to the Fraud guideline and
- would have had no discretion to craft another sentence. Under the new
- guideline, if that intrusion was not done for pecuniary or malicious
- purposes, the crime will be treated as a misdemeanor, and the sentencing
- range would be 0 to 6 months. Real wire fraud done with the intent to reap
- financial gain or to cause harm to the system would result in the minimum
- 10 to 16 month sentence.
-
- EFF is proud to have played a role in encouraging the Sentencing Commission
- to craft the new guideline. New communications technologies, in their
- earliest infancy, are becoming the subject of precedent-setting litigation.
- Overly strict sentences imposed for computer-related fraud and abuse may
- have the effect of chilling these technologies even as they develop. Until
- there are more cases on which to base a guideline, individual sentencing
- decisions are best left to the discretion of the sentencing judge, who
- presumably is most familiar with the facts unique to each case. Legal
- precedents, particularly the application of a sentencing guideline to
- violations of the Computer Fraud and Abuse Act, can radically affect the
- course of computer technology's future, and with it the fate of an
- important tool for the exchange of ideas in a democratic society.
-
- The Sentencing Commission is asking for comments by March 18, 1994. It's
- important that we all tell the U.S.S.C. that we're happy with the new
- proposed guideline for the Computer Fraud and Abuse Act. In the very near
- future, EFF will be setting up an electronic mailbox to receive electronic
- comments. In the meantime, written comments can be sent to:
-
- United States Sentencing Commission
- One Columbus Circle, N.E.
- Suite 2-500, South Lobby
- Washington, DC 20002-8002
- Attention: Public Information
-
- A copy of the proposed guidelines is located at 58 Fed. Reg. 67522 or on
- ftp.eff.org as pub/EFF/Issues/Legal/sentencing.amendment
-
-
- --==--==--==-<>-==--==--==--
-
-
- Subject: An Arts and Humanities Policy Symposium for the NII (Boston, 1994).
-
- CALL FOR PAPERS, PANELS, AND PRESENTATIONS
-
- On October 14th, 15th and 16th, the Center for Art Research in
- Boston will sponsor a National Symposium on Proposed Arts and
- Humanities Policies for the National Information Infrastructure.
-
- Participants will explore the impact of the Clinton Administration's
- AGENDA FOR ACTION and proposed NII legislation on the future of the
- arts and the humanities in 21st Century America.
-
- The symposium will bring together government officials, academics,
- artists, writers, representatives of arts and cultural institutions
- and organizations, and other concerned individuals from many
- disciplines and areas of interest to discuss specific issues of
- policy which will effect the cultural life of *all* Americans during
- the coming decades.
-
- To participate, submit a 250-word abstract of your proposal for a
- paper, panel-discussion or presentation, accompanied by a one-page
- vitae, by March 15, 1994.
-
- Special consideration will be given to those efforts that take a
- critical perspective of the issues, and are concerned with
- offering specific alternatives to current administration and
- congressional agendas.
-
- The proceedings of the symposium will be video-taped, and papers and
- panels will be published on CD-ROM. For further information, reply to:
-
- Jay Jaroslav, Director jaroslav@artdata.win.net
- CENTER FOR ART RESEARCH
- 241 A Street Boston, MA voice: (617) 451-8030
- 02210-1302 USA fax: (617) 451-1196
-
-
- --==--==--==-<>-==--==--==--
-
-
- Subject: Commerce Dept. BBS Update
-
- The anouncement in EFFector Online Volume 6 No. 4 about the "Commerce
- Dept.'s Economic Bulletin Board on the Internet" was both out of date and
- incomplete.
-
- Thanks to kradov@world.std.com and wild@access.digex.net for this update.
-
- Most of this stuff is available by gopher, anon ftp, or telnet from
- una.hh.lib.umich.edu. The University of Michigan library runs a mirror of the
- Commerce Dept. electronic bulletin board as well.
-
- PRICING:
-
- Here is the pricing for the EBB. Note: Flat rate subscribers will not pay an
- additional per file charge for FTP access. Contact Amy Williams at the
- Commerce Dept. if you have any further questions.
-
- The Office of Business Analysis is pleased to announce, starting on
- Friday, October 1, 1993, new services and new price options for
- public use of the Economic Bulletin Board will go into effect.
- These steps are being taken in response to public demand for
- additional services, to bring the cost of accessing the EBB using
- higher speed modems and the Internet in line with charges for the
- current basic service, and to simplify billing and accounting
- procedures. These changes are highlighted below.
-
- BROWSEABLE TOPS: EBB customers accessing trade opportunity (TOPS)
- files have been required to download an entire file to determine if
- there are any leads for the types of goods their company
- represents. Browseable TOPS will allow customers to specify a
- harmonized tariff code; the EBB will search for that code and
- create a file containing TOPS for that product if any are
- available. These specialized TOP files may be downloaded like
- regular EBB files.
-
- ONE-STOP SUBSCRIPTION FEE: Beginning October 1, the annual
- subscription fee for the EBB will be $45.00. Customers will be
- able to use the same account number to access all three types of
- EBB service: the standard service (300, 1200, or 2400 baud), the
- high speed service (9600 BPS), and access through the Internet
- using telnet. There will be no additional charge to current
- subscribers until the end of their subscription period when the
- renewal cost will increase to $45.
-
- MORE FREE TIME: The connect charge credit has been increased to
- $20 as part of the $45 subscription fee. Standard service
- customers will now be able to receive 100-400 minutes of free time
- (depends on time of day called) before connect-time charges start
- to accrue. For the first time, 9600 BPS and Internet customers
- will also receive free connect time as part of their subscription.
- More free time means fewer bills will be sent to low volume
- customers.
-
- CONNECT-TIME CHARGES REDUCED: Connect-time charges for 9600 BPS
- customers have been reduced from $.50 per minute of use at all
- times of the day to a sliding rate depending on the time of day
- called. These charges, which will also apply to Internet
- customers, are summarized at the end of this announcement.
-
- FLAT RATE ACCOUNTS: Large-volume EBB customers may want to
- consider using one of two flat rate accounts that are now
- available; one fixed fee covers EBB use for the entire year. Flat
- rate 1 ($250 per year) allows the subscriber to use the EBB for up
- to one hour each day. Need more than one hour per day? Flat rate
- 2 ($400 per year) gives major EBB users such as educational
- institutions up to four hours of access each day. NOTE: flat rate
- accounts cannot be used on the EBB during the peak price period (8
- AM to noon, Eastern time).
-
- FUTURE PLANS: The EBB is now available on the Internet; in the
- near future, file transfer protocol (FTP) and e-mail services will
- be made available. The same annual subscription and user
- identification code will give users access to these services. We
- plan to charge for these services by the file transferred rather
- than per minute connected. We expect these charges to be based
- upon the size of the file ranging from $1.00 for files up to 150
- kilobytes to $3.00 for files larger than 500 kilobytes.
-
-
- EBB Charges as of October 1, 1993
-
- The public may obtain full EBB services in two ways; (1)
- subscription fee plus connect-time charge or (2) flat annual rate
- account.
-
- Subscription Fee basis:
- Annual subscription fee $45
- Credit for connect charges $20
-
- Connect charges (300, 1200, or 2400 baud)
- 8 AM - noon $.20 per minute
- noon - 6 PM $.15 per minute
- 6 PM - 8 AM (all day weekends
- and holidays $.05 per minute
-
- Connect charges (9600 BPS and telnet access via Internet)
- 8 AM - noon $.40 per minute
- noon - 6 PM $.30 per minute
- 6 PM - 8 AM (all day weekends
- and holidays $.10 per minute
-
- Flat Rate Account basis:
- Option 1 (up to one hour per day) $250 annual fee
- Option 2 (up to four hours per day) $400 annual fee
-
- Note: Single fee covers all EBB charges for entire year; no
- additional connect-time fees are charged. Flat rate accounts
- do not have access to the EBB during peak hours of 8 AM -
- noon.
-
- Subscribers and flat rate account holders may access all EBB
- services with the same account number.
-
-
- --==--==--==-<>-==--==--==--
-
-
- Subject: New Outposts on the Electronic Frontier
-
- New organizations and groups, like and allied with EFF but separate
- entities, are forming in various parts of the world. Here is some contact
- information for three of them, all of which, incidentally, are arising in
- areas once on the furthest edges of "real life" frontiers: Texas and
- Australia.
-
- If you are interested in such efforts in your own area, please feel free
- to discuss it on comp.org.eff.talk. If interested in starting such an
- organization, you may wish to participate in the "TheseGroups" mailing list
- (send a request to thesegroups-request@tic.com), which exists for
- discussion and cross-fertilization between such organizations, and includes
- EFF-Austin, New York City's Society for Electronic Access and many other
- online activism groups and individuals. Please note that TheseGroups is
- for serious work and idea exchange between active members and staff of
- civil liberties and online advocacy groups, and is a private list, not a
- general chat forum.
-
- * Electronic Frontiers Australia (EFA)
-
- EFA is still in the process of forming and getting organized.
-
- Early in 1994 Electronic Frontiers Australia will be formed to define,
- promote and defend the rights of electronic network users. This new
- organisation will be similar to EFF in the USA. Michael Baker
- <mbaker@apanix.apana.org.au> has announced the incept of a new
- Internet mailing list forum for discussion and planning in the effort
- to form a public interest electronic civil liberties organization in
- Australia. If you want to join EFA contact Michael Baker at any of his
- addresses listed below. If you want to take part in the formation
- of EFA (and influence its basic objectives and policies), send a
- subscribe request to the list request address listed below.
-
- General: Michael Baker <mbaker@apanix.apana.org.au>
- CompuServe: Michael Baker <100026,1312>
- FidoNet: Michael Baker, 3:800/838
- Mailing list requests: efa-request@iinet.com.au
- FTP: ftp.eff.org, pub/Groups/EF-Australia
- EFA, c/o Michael Baker
- P.O. Box 5
- Flaxley SA 5153 Australia
- Voice: +61 08 388 8439
- Fax: +61 08 388 9532
-
-
- * Electronic Frontiers Houston (EFH)
-
- "Electronic Frontiers Houston" (EFH) is a non-profit corporation
- devoted to working with and for the Houston computer and
- telecommunications community. Working in alliance with the Electronic
- Frontier Foundation, EFF-Austin and other national and regional
- organizations, EFH acts as a focal point for the diverse set of
- individuals who find themselves involved in computer communications.
-
- Included on the EFH's agenda are: advocating civil liberty
- issues in "cyberspace," promoting wider public access to computer
- networks, exploring artistic and social implications of new digital
- media, and educating the public about the increasingly important
- on-line world.
-
- There are several ways to contact EFH:
-
- (1) Electronic Mail
- EFH can be reached via electronic mail from almost every major
- computer network. There are several important addresses:
- (a) General Inquiries/Business
- Internet: efh@blkbox.com
- WWIVnet: efh@5285
- FidoNet: efh@blkbox.com via 1:106/88
- Compuserve: INTERN:efh@blkbox.com
- America On-Line: efh@blkbox.com
- Genie: efh@blkbox.com@INET#
- (b) Board of Directors, Officers and a few others
- Internet: efh-directors@blkbox.com
- WWIVnet: efh-directors@5285
- FidoNet: efh-directors@blkbox.com via 1:106/88
- Compuserve: INTERN:efh-directors@blkbox.com
- America On-Line: efh-directors@blkbox.com
- Genie: efh-directors@blkbox.com@INET#
- (2) USENET News
- For those with access to USENET, there is a special newsgroup
- devoted to EFH discussion and announcements --
- houston.efh.talk
- It can be accessed using your normal USENET news reader.
- (3) Bulletin Board
- Modem users can dial into The Bamboo Gardens BBS, a Houston
- computer bulletin board which has donated space to the EFH for
- discussion and dissemination of on-line documents.
- The phone number is is (713) 665-4656.
- The modem accepts speeds of up to 14.4 bps.
- Users may set up a new user account or use the special EFH account
- by logging on as "EFH GUEST" with the password "EFH" and entering
- "0000" as the last four digits of your phone number when requested.
- (4) US Mail
- EFH
- 2476 Bolsover #145
- Houston, TX 77005.
- (5) Telephone (Voice)
- Ed Cavazos at (713) 661-1561
- (6) Gopher and FTP
- For those with access to the Internet, Gopher and FTP access to the
- EFH archives are available thanks to facilities donated by
- Texas Internet Consultants.
- For Gopher access, gopher to "gopher.tic.com" port 70. Look in the
- "Electronic Frontiers Houston" directory.
- For FTP access, ftp to "ftp.tic.com". Log in as "anonymous" and
- enter your e-mail address as a password. Type "cd EFH" to go the
- EFH's directory.
-
-
- * EFF-Austin
-
- Computer-based communication media like electronic mail are creating
- new forms of community -- the first settlements on an electronic
- frontier. Our laws and cultural norms, however, do not properly define
- the rights and responsibilities of the members of these new
- communities. Conflicts come about as the law struggles with "places"
- where fundamental notions of speech, property, and place take
- profoundly new forms.
-
- - Protect Your Rights on the Net
- Law enforcement activities in recent years, publicized as "cracking
- down on crackers," were in fact seizing computer systems of innocent
- parties and shutting down bulletin boards used by hundreds of utterly
- innocent people. These activities, whether through ignorance or
- malice, deprived many people of legitimate Constitutional rights,
- chilled free expression and stunted the growth of the Net.
-
- EFF-Austin was formed to protect constitutional guarantees of free
- speech and freedom from unreasonable search and seizure for users of
- computer networks. Experience has taught us that these freedoms must
- be fought for if they are to survive in the online world.
-
- - Join EFF-Austin
- EFF-Austin was created as an experimental local chapter of the national
- EFF but became independent in 1993 while retaining contacts with the
- parent organization. We're heavily involved in public speaking,
- education, and advocacy of constitutional rights in cyberspace. We're
- Austin's forum for discussion of all concerns related to the cutting
- edge where society meets technology.
-
- Contact EFF-Austin by USMail:
- EFF-Austin
- PO Box 18957
- Austin, TX 78760
-
- by EMail:
- eff-austin@tic.com
-
- or by voice mail:
- (512)465-7871
-
-
- --==--==--==-<>-==--==--==--
-
-
- Subject: What You Can Do
-
- "Freedom is fostered when the means of communication are dispersed,
- decentralized, and easily available, as are printing presses or
- microcomputers."
-
- --Ithiel de Sola Pool
- from _Technologies of Freedom_
-
- There is more than money at stake in the debate over the development of
- America's communications highways. Educate yourself. Join EFF.
-
- The Administration is currently making decisions that will affect your
- ability to communicate in the future? Who's protecting your interests?
-
- The Electronic Frontier Foundation (EFF) is working with legislators to
- make sure that principles guaranteeing free speech, privacy and affordable
- service to consumers are written into new communications legislation. Rep.
- Edward Markey (D-MA) has already incorporated much of EFF's Open Platform
- vision into his NII proposal (H.R. 3626). But the fight is not yet won.
- The only way to make sure that future networks will serve *you* is to
- become involved. Join EFF and receive regular updates on what's happening
- and action alerts when immediate action becomes critical.
-
- Blind trust in the system won't help you. Take control of your future.
- EFF is a respected voice for the rights of users of online technologies.
- We feel that the best way to protect your online rights is to be fully
- informed and to make your opinions heard. EFF members are informed, and
- are making a difference. Join EFF today!
-
- -------- 8< ------- cut here ------- 8< --------
-
- This form came from EFFector Online
-
- ================================================
- MEMBERSHIP IN THE ELECTRONIC FRONTIER FOUNDATION
- ================================================
- Print out and mail to:
- Membership Coordinator
- Electronic Frontier Foundation
- 1001 G Street, NW, Suite 950 East, Washington, DC 20001
-
- I wish to become a member of the Electronic Frontier Foundation. I enclose:
-
- $__________ Regular membership -- $40
- $__________ Student membership -- $20
-
-
- Special Contribution
-
- I wish to make an additional tax-deductible donation in the amount of
- $__________ to further support the activities of EFF and to broaden
- participation in the organization.
-
-
- PAYMENT METHOD:
-
- ___ Enclosed is a check payable to the Electronic Frontier
- Foundation.
-
- ___ Please charge my:
-
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-
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-
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-
- Signature: _____________________________________________
-
- NOTE: We do not recommend sending credit card information via the Internet!
-
-
- YOUR CONTACT INFORMATION:
-
- Name: ____________________________________________________
-
- Organization: ____________________________________________
-
- Address: _________________________________________________
-
- _______________________________________________________
-
- Phone: (____) _______________ FAX: (____) _______________ (optional)
-
- E-mail address: __________________________________________
-
-
- PREFERRED CONTACT
-
- ___ Electronic: Please contact me via the Internet address listed above.
- I would like to receive the following at that address:
-
- ___ EFFector Online - EFF's biweekly electronic newsletter
- (back issues available from ftp.eff.org,
- pub/EFF/Newsletters/EFFector).
-
- ___ Online Bulletins - bulletins on key developments
- affecting online communications.
-
- NOTE: Traffic may be high. You may wish to browse these publications in
- the Usenet newsgroup comp.org.eff.news (also available in FidoNet, as
- EFF-NEWS).
-
- ___ Paper: Please contact me through the U.S. Mail at the street
- address listed above.
-
-
- PRIVACY POLICY
-
- EFF occasionally shares our mailing list with other organizations promoting
- similar goals. However, we respect an individual's right to privacy and
- will not distribute your name without explicit permission.
-
- ___ I grant permission for the EFF to distribute my name and contact
- information to organizations sharing similar goals.
-
- -------- 8< ------- cut here ------- 8< --------
-
-
- The Electronic Frontier Foundation is a nonprofit, 501(c)(3) organization
- supported by contributions from individual members, corporations and
- private foundations. Donations are tax-deductible.
-
-
- INTERNET CONTACT ADDRESSES
-
- Membership & donations: membership@eff.org
- Legal services: ssteele@eff.org
- Hardcopy publications: pubs@eff.org
- Online publications, conferences, & other resources: mech@eff.org
- Technical questions/problems, access to mailing lists: eff@eff.org
- General EFF, legal, or policy questions: ask@eff.org
-
-
- EFFector Online is published biweekly by the Electronic Frontier Foundation
-
- Reproduction of this publication in electronic media is encouraged. Signed
- articles do not necessarily represent the view of the EFF. To reproduce
- signed articles individually, please contact the authors for their express
- permission.
-
-
-