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- EFFector Online Volume 07 No. 13 October 7, 1994 editors@eff.org
- A Publication of the Electronic Frontier Foundation ISSN 1062-9424
-
- In This Issue:
-
- EFF Organizational Changes: New Exec. Dir., New Privacy Project
- Rep. Edwards Announcement on Digital Telephony, Oct. 7, 1994
- National Research Council Study of National Cryptography Policy
- Computers, Freedom and Privacy '95 - Call for Participation
- EFF's Godwin to Speak at Criminal Law in Cyberspace Conf., 10/27/94
- OTA Report - Information Security & Privacy in Network Environments
- GPO Puts Bills Online, but Wants You to Pay for Them Twice
- Horde of New NII Documents Online at EFF
- What YOU Can Do
-
- ----------------------------------------------------------------------
-
-
- Subject: EFF Organizational Changes: New Exec. Dir., New Privacy Project
- ---------------------------------------------------------------------------
-
- ** Taubman Executive Director, Berman Policy Director **
-
- September 28, 1994
-
- The Chairman and Board of Directors of the Electronic Frontier Foundation
- (EFF) today announced the immediate appointment of Andrew E. Taubman as
- Executive Director of EFF. The Board of Directors approved the hiring of
- Mr. Taubman at its most recent meeting in mid-July. At the same time,
- Jerry Berman, Executive Director since January 1992, was appointed the
- Director of Policy. The move was made to effect the best placement of
- talents and experience. Mr. Taubman will focus on EFF as an organization,
- while Mr. Berman's role in policy and legislative development will
- continue in recognition of the increased significance of EFF's political
- role in Washington.
-
- "I am delighted to welcome Drew to EFF, where we expect him to play a
- major role in orchestrating the next phase of development of the
- organization. The Board went through a long and thoughtful process to
- find the best candidate, and in Drew we believe we have him," said
- Mitchell Kapor, co-founder of EFF.
-
- Prior to joining EFF, Mr. Taubman was the President/Managing Partner of
- The Taubman Group, a Cleveland-based management consultancy created in
- 1985 for public sector and related organizations. His professional
- positions include appointments as Vice President of the Cleveland
- Institute of Music, Ohio; Executive Director of The Ohio Caring
- Foundation's Caring Program For Children, Cincinnati; Director of
- Development and Alumni Affairs/Associate Director of the University of
- Cincinnati Foundation, Ohio; Associate Director of Development at Wright
- State University, Dayton, Ohio; Cultural Arts Director of The Leo
- Yassenoff Center, Columbus, Ohio; and Development Officer, Public
- Television and Radio at Michigan State University, East Lansing,
- Michigan. His community involvement as a committee member/officer or
- trustee has been regular and diversified in health care and the arts. He
- has consulted and testified on healthcare reform, social service,
- education, and the arts.
-
- Mr. Taubman received his BA in Arts Administration from Michigan State
- University and has continued his professional education with a focus on
- the non-profit sector.
-
-
- ** EFF Privacy and Technology Project **
-
- An additional organizational change at EFF was the creation in May of the
- Privacy and Technology Project. This project is headed by Janlori
- Goldman, former Director of the Privacy and Technology Project at the
- ACLU. Ms. Goldman is assisted by Staff Counsel Deirdre K. Mulligan, a
- 1994 graduate of Georgetown Law School, who assisted on the ACLU project
- while a Public Interest Law Scholar in law school.
-
-
- ** Legal Services and Community Building **
-
- Concurrent with the implementation of these recent changes, EFF's Board
- of Directors is committed to continued support for Legal Services and
- increased development of the Community Building aspect of EFF's mission.
-
- "I am very optimistic about this change," said co-founder John Perry
- Barlow. "Jerry Berman needs to be in a position to focus on policy, and
- we think we've built an organization that can support his efforts rather
- than require his continuous attention to administrative detail. EFF has
- a revitalized focus on community services and understanding the issues
- involved in civilizing cyberspace. Drew Taubman is exactly the person to
- run this phase of EFF."
-
-
- For further information, please contact Kathleen Zaffina at
- kzaffina@eff.org or 202/347-5400.
-
- ------------------------------
-
-
-
- Subject: Rep. Edwards Announcement on Digital Telephony, Oct. 7, 1994
- ---------------------------------------------------------------------
-
- Representative Don Edwards (D-CA), Chairman of the House Judiciary
- Subcommittee on Civil and Constitutional Rights, and principal House
- author of the Digital Telephony bill which passed the House Wednesday,
- asked EFF to forward the attached memo to the net community.
-
- This memo does not represent EFF statements or policy. Please direct
- any comments to the office of Rep. Edwards.
-
- Please feel free to distribute this document widely.
-
- Thank you
-
- _____________________________________________________________________________
-
- Date: October 7, 1994
-
- To: Persons Interested in the Digital Telephony "Wiretap" Bill
-
- From: Don Edwards
- Chairman
- Subcommittee on Civil and Constitutional Rights
- House Judiciary Committee
-
-
- My legislation, H.R. 4922, would be a major improvement over the current
- relationship between the telecommunications industry and law enforcement.
- Currently, the FBI holds the upper hand regarding decisions about security
- and privacy, in a relationship that is shielded from public scrutiny.
-
- In my estimation, there should be no doubt that future telecommunications
- systems and services will be designed with law enforcement wiretap needs in
- mind. Indeed, in opposing my bill the phone companies argued that no
- legislation was needed because they were working to accommodate law
- enforcement's demands without legislation. For me, therefore, the key
- questions were whether that accommodation would be developed in the
- sunshine and whether privacy would be a requirement given equal status with
- the requirements of law enforcement.
-
-
- ** Closed Door Meetings or Sunshine **
-
- For over a year, an industry committee that includes all of the major phone
- companies, cellular providers and equipment manufacturers has been working
- with the FBI and other law enforcement agencies to develop design proposals
- to ensure wiretap accessibility in new and existing systems.
-
- The sloe mission of the committee is to satisfy law enforcement's stated
- "needs". Privacy is not within the charter of standards for digital
- switches, cellular systems, evolving Personal Communications Services, the
- Advanced Intelligent Network, and cable TV systems. The process is totally
- closed to the public. All participants in the meetings are required to
- sign non-disclosure agreements. Without legislation, that process will
- continue behind closed doors.
-
-
- ** Three Principles of Accountability **
-
- This status quo is unacceptable. Deliberations of industry and law
- enforcement regarding the future of the telecommunications system should be
- controlled in three ways, which my legislation would achieve:
-
- (1) Statutory parameters must be set on the scope of what can be required
- of telephone companies. Under current practice, law enforcement is
- defining its "needs" to industry, which accepts them without question. Our
- bill, in contrast, has substantially narrowed law enforcement's capability
- requirements, setting a floor. In terms of capacity, our bill specifically
- requires a notice and comment rule-making in the Federal Register, so the
- whole country can know what law enforcement is doing.
-
- (2) Privacy must be a requirement on an equal footing with law enforcement
- interests. Our bill, for the first time ever, requires telephone companies
- to affirmatively protect the privacy and security of communications not
- authorized to be intercepted, and gives the FCC regulatory authority over
- industry compliance with privacy standards. Up until now, phone companies
- have had no duty to protect privacy. Whether communications were secure or
- not had Been an artifact of telephone technology.
-
- (3) There must be sunshine and accountability. Without H.R. 4922, the
- phone companies will never have to tell anybody what they have done to
- "accommodate" law enforcement. My bill requires that industry standards be
- published. It gives any member of the public the right to challenge any
- standard before the FCC and in court if it does not adequately protect
- privacy. All FCC proceedings will be on the public record. The General
- Accounting office will report every two years on what modifications have
- been made in telecommunications systems and what modifications are being
- sought.
-
-
- ** Internet Exempted from Wiretap Requirements in HR 4922 **
-
- Finally, I should remind all interested persons that the bill does not
- cover the Internet. The report on the bill clearly states:
-
- "The definition of telecommunications carrier does not include persons or
- entities to the extent that they are engaged in providing information
- services, such as electronic mail providers, on-line services providers
- such as Compuserve, Prodigy, America-On-Line, or Mead Data, or Internet
- service providers."
-
- _____________________________________________________________________________
-
- For a copy of the latest version of the bill, see:
-
- ftp.eff.org, /pub/EFF/Policy/Digital_Telephony/digtel94.bill
- gopher.eff.org, 1/EFF/Policy/Digital_Telephony, digtel94.bill
- http://www.eff.org/pub/EFF/Policy/Digital_Telephony/digtel94.bill
-
- See digtel94_analysis.eff in the same directory for EFF's analysis of the
- Leahy/Edwards Digital Telephony legislation.
-
- ------------------------------
-
-
-
- Subject: National Research Council Study of National Cryptography Policy
- ------------------------------------------------------------------------
-
- ** A Study of National Cryptography Policy **
-
- September 14, 1994
-
- Cryptographic technologies are critical to a wide variety of important
- military and civilian applications involving sensitive or classified
- information that must be protected from unauthorized disclosure. In
- addition, cryptography is a key component of most authentication
- technologies, i.e., technologies to guarantee the identity of a message's
- sender. National cryptography policy has important implications for
- U.S. economic competitiveness, national security, law enforcement
- interests, and protection of the rights of private U.S. citizens.
-
- In an attempt to clarify some of the relevant policy issues, Public Law
- 103-160 (passed by the U.S. Congress in November 1993) called for a
- comprehensive study from the National Research Council on
- cryptographic technologies and national cryptography policy. The study
- will commence in the first week of October 1994. As this study
- proceeds, the committee will make all feasible attempts to solicit a wide
- range of input and commentary from interested parties. Input will be
- presented to the committee through a mix of briefings, presentations,
- consultations, invited and contributed papers, and testimony at regional
- public hearings. In addition, members of the interested public are
- invited to submit input to the committee as described below.
-
- The study plans to address the following issues:
-
- * the impact of current and possible future restrictions and standards
- regarding cryptographic technology on
-
- - the availability of such technology to foreign and domestic
- parties with interests hostile to or competitive with the
- national security, economic, commercial, and privacy
- interests of the U.S. government, U.S. industry, and private
- U.S. citizens;
-
- - the competitiveness of U.S. manufacturers of such technology
- in the international market;
-
- - the competitiveness and performance of commercial U.S.
- users of such technology;
-
- - U.S. national security and law enforcement interests;
-
- * the strength of various cryptographic technologies known and
- anticipated that are relevant for commercial and private purposes;
-
- * current and anticipated demand for information systems security
- based on cryptography;
-
- * the impact of foreign restrictions on the use of, importation of, and
- the market for cryptographic technology;
-
- * the extent to which current cryptography policy is adequate for
- protecting U.S. interests in privacy, public safety, national
- security, and economic competitiveness;
-
- * strengths and weaknesses of current key escrow implementation
- schemes;
-
- * how technology now and in the future can affect the feasible policy
- options for balancing the national security and law enforcement
- interests of government and the privacy and commercial interests
- of U.S. industry and private U.S. citizens;
-
- * recommendations for the process through which national security,
- law enforcement, commercial, and privacy interests are balanced
- in the formulation of national cryptography policy.
-
- The study will be conducted by a 17-member committee (listed at the
- end of this document) that collectively has expertise in computer and
- communications technology; cryptographic technologies and
- cryptanalysis; foreign, national security, and intelligence affairs; law
- enforcement; science policy; trade policy; commercial and business
- dimensions of computer technology (hardware and software vendors,
- users of cryptographic technologies); and interests in privacy and civil
- liberties. A subpanel of the full committee will be cleared at the SI
- level and have access to all relevant information to ensure that the
- findings, conclusions, and recommendations of the unclassified report
- are consistent with what is known in the classified world.
-
- The project plan calls for the study to be delivered approximately two
- years after full processing of all necessary security clearances.
- However, the NRC will make every attempt to deliver the study sooner,
- and it currently believes that the core work of the study will be
- completed about 18 to 20 months after funding for the study has been
- received. Additional time will be devoted to dissemination of the study
- report and follow-up activities.
-
- The final report of the study committee is subject to NRC review
- procedures that ensure the objectivity and integrity of all NRC reports.
- The main text of the report will be unclassified; classified annexes (if
- any) will be made available only to those with the appropriate security
- clearances.
-
-
- ** Providing Input to the Committee **
-
- The questions that the study is expected to examine are provided above.
- Members of the interested public are invited to submit their views on
- these questions and any other questions that you believe the committee
- should be addressing through either of the channels below. If desired,
- requests for personal presentations to the committee should be submitted
- through these channels as well; the committee will respond affirmatively
- to as many such requests as possible, but time and resource constraints
- will limit the number of such requests that can be honored.
-
- Internet: send comments and other correspondence to
- CRYPTO@NAS.EDU.
-
- U.S. Mail:
- Cryptography Project
- Computer Science and Telecommunications Board
- National Research Council
- Mail Stop HA-560
- 2101 Constitution Avenue, NW
- Washington, DC 20418
-
-
- ** Committee to Study National Cryptography Policy **
-
- Kenneth Dam, committee chair, was Deputy Secretary of State (1982-
- 1985) and is currently the Max Pam Professor of American and Foreign
- Law at the University of Chicago Law School.
-
- General W. Y. Smith, retired, committee vice-chair, is president
- emeritus of the Institute for Defense Analyses, and has also served in a
- number of military posts including that of deputy commander in chief of
- the U.S. European Command in Germany.
-
- Lee Bollinger, formerly dean of the University of Michigan Law School,
- is currently provost of Dartmouth College and a constitutional scholar.
-
- Ann Caracristi, retired, was Deputy Director of the National Security
- Agency (1980-1982).
-
- Benjamin Civiletti was U.S. Attorney General (1979-1981), and is
- currently in private practice with the law firm Venable, Baetjer, Howard
- and Civiletti.
-
- Colin Crook is senior technology officer for Citicorp.
-
- Samuel Fuller is vice president of corporate research at Digital
- Equipment Corporation.
-
- Leslie Gelb is president of the Council on Foreign Relations. He served
- as Assistant Secretary of State for Politico-Military Affairs
- (1977-1980).
-
- Ronald Graham is a director of information sciences at AT&T Bell Labs
- and a professor of mathematics at Rutgers University.
-
- Martin Hellman is professor of electrical engineering at Stanford
- University. Dr. Hellman was one of the inventors of public key
- encryption.
-
- Julius Katz is president of Hills & Company, and was deputy United
- States trade representative (1989-1993).
-
- Peter Neumann is principal scientist in the Computer Science Laboratory
- at SRI International. He is the chairman of the ACM committee on
- computers and public policy, and a member of the ACM study group on
- cryptography policy.
-
- Raymond Ozzie is president of Iris Associates, a wholly-owned
- subsidiary of the Lotus Development Corporation. Iris Associates is the
- developer of Lotus Notes.
-
- Kumar Patel is vice chancellor for research at UCLA.
-
- Edward Schmults was Deputy Attorney General of the United States
- (1981-1984) and is a former senior vice president for external relations
- and general counsel for the GTE Corporation.
-
- Elliot Stone is executive director of the Massachusetts Health Data
- Consortium, which is responsible for the collection and analysis of the
- state's large health care databases.
-
- Willis Ware, retired, is with the RAND Corporation as senior computer
- scientist emeritus. He chairs the Computer System Security and Privacy
- Advisory Board which was established by the Computer Security Act of
- 1987.
-
- ** Staff and Organizations **
-
- Marjory Blumenthal is director of the Computer Science and
- Telecommunications Board (CSTB).
-
- Herbert Lin is study director and senior staff officer of the CSTB.
- Inquiries about this study should be directed to him at 202-334-3191 or
- via Internet at HLIN@NAS.EDU.
-
- The National Research Council (NRC) is the operating arm of the
- Academy complex, which includes the National Academy of Sciences,
- the National Academy of Engineering, and the Institute of Medicine.
- The NRC provides impartial and independent advice to the federal
- government and other policy makers, by applying top scientific and
- technical talent to answer questions of national significance. In
- addition, the NRC often acts as a neutral party in convening meetings
- among multiple stakeholders on various controversial issues, thereby
- facilitating the generation of consensus.
-
- Within the NRC, the CSTB considers technical and policy issues
- pertaining to computer science, telecommunications, and associated
- technologies as critical resources and sources of national economic
- strength. A list of CSTB publications is available on request to
- CSTB@NAS.EDU or by calling 202-334-2605.
-
- ------------------------------
-
-
-
- Subject: Computers, Freedom and Privacy '95 - Call for Participation
- --------------------------------------------------------------------
-
- The Fifth Conference on Computers, Freedom and Privacy -- CFP'95
- Call for Participation
-
- Sponsored by the Association for Computing Machinery and
- Stanford Law School
- 28 - 31 March 1995
- San Francisco Airport Marriott Hotel
- Burlingame, California
-
- INVITATION
- This is an invitation to submit session and topic proposals for inclusion in
- the program of the Fifth Conference on Computers, Freedom and Privacy.
- Proposals may be for individual talks, panel discussions, debates, or other
- presentations in appropriate formats. Proposed topics should be within the
- general scope of the conference, as outlined below.
-
- SCOPE
- The advance of computer and telecommunications technologies holds great
- promise for individuals and society. From convenience for consumers and
- efficiency in commerce to improved public health and safety and increased
- participation in democratic institutions, these technologies can fundamentally
- transform our lives. New computer and telecommunications technologies are
- bringing new meanings to our freedoms to speak, associate, be left alone,
- learn, and exercise political power.
-
- At the same time these technologies pose threats to the ideals of a just,
- free, and open society. Political, social, and economic fairness may hinge on
- ensuring those who are poor, disabled, or otherwise disadvantaged have access
- to these technologies. Personal privacy is increasingly at risk from invasion
- by high-tech surveillance and eavesdropping. The myriad databases containing
- personal information maintained in the public and private sectors expose
- private life to constant scrutiny.
-
- Technological advances also enable new forms of illegal activity, posing new
- problems for legal and law enforcement officials and challenging the very
- definitions of crime and civil liberties. But technologies used to combat
- these crimes can threaten the traditional barriers between the individual and
- the state.
-
- Even such fundamental notions as speech, assembly and property are being
- transformed by these technologies, throwing into question the basic
- Constitutional protections that have guarded them. Similarly, information
- knows no borders; as the scope of economies becomes global and as networked
- communities transcend international boundaries, ways must be found to
- reconcile competing political, social, and economic interests in the digital
- domain.
-
- The Fifth Conference on Computers, Freedom and Privacy will assemble experts,
- advocates and interested people from a broad spectrum of disciplines and
- backgrounds in a balanced public forum to explore and better understand how
- computer and telecommunications technologies are affecting freedom and privacy
- in society. Participants will include people from the fields of computer
- science, law, business, research, information, library science, health, public
- policy, government, law enforcement, public advocacy, and many others.
-
- Topics covered in previous CFP conferences include:
-
- Personal Information and Privacy
- Access to Government Information
- Computers in the Workplace
- Electronic Speech, Press and Assembly
- Governance of Cyberspace
- Role of Libraries on the Information Superhighway
- Free Speech, Cryptography, and the Public Communications Network
-
- We are also actively seeking proposals with respect to other possible topics
- on the general subject of computers, freedom and privacy. Some new topics we
- are considering include:
-
- Telecommuting: Liberation or Exploitation?
- Courtesy, and the Freedom to be Obnoxious
- Commercial Life on the Net
- How Does the Net Threaten Government Power?
- Are Computers Killing Intellectual Property?
- Universal Access to Network Services
- The Meaning of Freedom in the Computer Age
- Government-Mandated Databases
-
- PROPOSAL SUBMISSION
- All proposals should be accompanied by a position statement of at least one
- page, describing the proposed topic. Proposals for panel discussions, debates
- and other multi-person presentations should include a list of proposed
- participants and session chair. Proposals should be sent to:
-
- CFP'95 Proposals
- Stanford Law and Technology Policy Center
- Stanford Law School
- Stanford, California 94305-8610
-
- or by email to: cfp95@forsythe.stanford.edu with the word "Proposal" in the
- subject line. Proposals should be submitted as soon as possible to allow
- thorough consideration for inclusion in the formal program. The deadline for
- submissions is 1 November 1994.
-
- STUDENT PAPER COMPETITION
- Full time students are invited to enter the student paper competition. Winners
- will receive a scholarship to attend the conference and present their papers.
- Papers should not exceed 2,500 words and should examine how computer and
- telecommunications technologies are affecting freedom and privacy in society.
- All papers should be submitted to Professor Gary T. Marx by 20 November 1994.
- Authors may submit their papers either by sending them as straight text via
- email to: Gary.Marx@colorado.edu or by sending six printed copies to:
-
- Professor Gary T. Marx
- University of Colorado
- Campus Box 327
- Boulder, Colorado 80309-0327
- (303) 492-1697
-
- Submitters should include the name of their institution, degree program, and a
- signed statement affirming that they are a full-time student at their
- institution and that the paper is an original, unpublished work of their own.
-
- INFORMATION
- For more information on the CFP'95 program and advance registration, as it
- becomes available, write to:
-
- CFP'95 Information
- Stanford Law and Technology Policy Center
- Stanford Law School
- Stanford, California 94305-8610
-
- or send email to: cfp95@forsythe.stanford.edu with the word "Information" in
- the subject line.
-
- Please distribute and post this notice!
-
- ------------------------------
-
-
-
- Subject: EFF's Godwin to Speak at Criminal Law in Cyberspace Conf., 10/27/94
- ----------------------------------------------------------------------------
-
- District of Columbia Bar Association
-
- The New Technology Committee of the Computer Law Section, and the Criminal
- Law and Individual Rights Section, invite you to a Panel Discussion entitled:
-
-
- ** CRIMINAL LAW IN CYBERSPACE: OUTLAWS ON THE NET **
-
-
- Speakers: Scott Charney, Chief, Computer Crimes
- Unit of the U.S. Department of Justice
-
- Mike Godwin, Counsel to the Electronic Frontier Foundation
-
- Mark D. Rasch, Arent Fox Kintner Plotkin & Kahn
-
- Moderator: Andrew Grosso, Co-Chair, New Technology Committee
-
-
- Whenever a new technology becomes prevalent, the law enters a period of
- struggle during which it tries to find adequate means for resolving disputes
- involving that technology, and for protecting the rights of people affected
- by it. We are now in such a period for the Internet and the developing
- National Information Infrastructure (NII). Of all legal fields, the struggle
- concerning the criminal law is the most pronounced, since old statutes
- must be narrowly construed to protect civil liberties, while used in a
- creative fashion in order to deter malevolent acts which have never seen
- before. This program focuses on computer network crime having national
- and international ramifications, including several recent investigations and
- prosecutions.
-
- This panel brings together noted experts in the field of civil liberties and
- computer crime to discusses the issues presented by the latest
- developments in this area. Scott Charney is the Chief of the Computer
- Crimes Unit of the U. S. Department of Justice, and is actively involved
- in the formulation of federal policy with regard to computer-related
- crimes. Mike Godwin is the On Line Legal Counsel for the Electronic
- Frontier Foundation who is a respected defender of civil liberties for
- telecommunications users. Mark D. Rasch is prominent defense attorney
- who, while an attorney with the Fraud Section of the Department of
- Justice, prosecuted the "Internet Worm" case in 1989. Andrew Grosso,
- the panel moderator, is a Co-Chair of the New Technology Committee and
- a former federal prosecutor. Written materials by the panelists will
- be distributed.
-
- Date: Thursday, October 27, 1994
-
- Time: 12:00 Noon
-
- Place: D.C. Bar Headquarters
- 1250 H Street, N.W.
-
- Cost: Box Lunch: $25.00 for Section members and
- students; $30.00 for Non-Members.
- Program Only: $19.00 for Section Members and students;
- $24.00 for Non-Members.
-
-
- ** Registration Form **
-
- Mail to: Computer Law Section
- D.C. Bar, 1250 H Street, N.W. 6th Floor
- Washington, D.C. 20005-3908
-
- Please reserve ____________ spaces(s) for me at the October 27 program.
-
- Enclosed is my check for __________ made payable to the DC Bar.
-
- Checks must be received by October 25. Sorry, phone reservations cannot
- be accepted.
-
- Name(s) Phone(s) Bar No(s). Bar Member?
-
- _____________ ____________ ___________ Yes/No
-
- _____________ ____________ ___________ Yes/No
-
- _____________ ____________ ___________ Yes/No
-
-
- Please notify the Sections Office (202-626-3463) if you require any
- special dietary or physical accommodations.
-
- ------------------------------
-
-
-
- Subject: OTA Report - Information Security & Privacy in Network Environments
- ----------------------------------------------------------------------------
-
- U.S. CONGRESS
- OFFICE OF TECHNOLOGY ASSESSMENT
- Washington, DC 20510
-
-
- ** Information Security and Privacy in Network Environments **
-
- The OTA report "Information Security and Privacy in Network
- Environments" is now available. The report was released on
- September 23, 1994. Ordering information and details about
- electronic access are at the end of this file.
-
-
- ** Congress Must Step in to Protect Personal Privacy **
-
- As electronic transactions and records become central to
- everything from commerce and tax records to health care, new
- concerns arise for the security and privacy of networked
- information. These concerns, if not properly resolved,
- threaten to limit networking's full potential in terms of
- participation and usefulness, says the congressional Office
- of Technology Assessment (OTA) in a report released today.
-
- Some 20 to 30 million people worldwide can exchange messages
- over the Internet. Every day U.S. banks transfer about $1
- trillion among themselves, and New York markets trade an
- average of $2 trillion in securities. Nearly all of these
- transactions pass over information networks.
-
- The report "Information Security and Privacy in Network
- Environments" focuses on safeguarding unclassified
- information in networks, not on the security or
- survivability of networks themselves, or on the reliability
- of network services to ensure information access.
-
- Appropriate safeguards must account for--and anticipate--
- technical, institutional, and social changes that
- increasingly shift responsibility for safeguarding
- information to the end users, says OTA. The laws currently
- governing commercial transactions, data privacy, and
- intellectual property were largely developed for a time when
- telegraphs, typewriters, and mimeographs were the commonly
- used office technologies and business was conducted with
- paper documents sent by mail. Technologies and business
- practices have dramatically changed, but the law has been
- slower to adapt, says OTA.
-
- Information safeguards, especially those based on
- cryptography, are achieving new prominence. OTA emphasizes
- that decisions about cryptography policy will affect the
- everyday lives of most Americans because cryptography will
- help ensure the confidentiality and integrity of health
- records and tax returns, speed the way to electronic
- commerce, and manage copyrighted material in electronic
- form. Congress has a vital role in formulating national
- cryptography policy, says OTA, and more generally in
- safeguarding electronic information and commercial
- transactions and protecting personal privacy in a networked
- society.
-
- A field of applied mathematics/computer science,
- cryptography is the technique of concealing the contents of
- a message by a code or a cipher. The message is
- unintelligible without special knowledge of some secret
- (closely held) information, the key that "unlocks" the
- encrypted text and reveals the original text. Key
- management is fundamental to security. It includes
- generation of the encryption key or keys, as well as their
- storage, distribution, cataloging, and eventual destruction.
-
- The federal government still has the most expertise in
- cryptography, says OTA. As a developer, user, and regulator
- of safeguard technologies, the federal government faces a
- fundamental tension between two important policy objectives:
- fostering the development and widespread use of cost-
- effective safeguards; and--through use of federal standards
- and export controls--controlling the proliferation of
- commercial safeguard technologies that can impair U.S.
- signals-intelligence and law-enforcement capabilities.
-
- The concern is reflected in the ongoing debates over key-
- escrow encryption and the government's Escrowed Encryption
- Standard (EES). The Clinton Administration announced the
- "escrowed-encryption" initiative, often called the "Clipper
- chip," in 1993. This type of encryption is intended to
- allow easy decryption by law enforcement when the equivalent
- of a wiretap has been authorized. The Department of
- Commerce issued the EES, developed by the National Security
- Agency (NSA), as a federal information processing standard
- for encrypting unclassified information in February 1994.
-
- The initiative in general and the EES in particular have
- seen intense public criticism and concern, OTA reports. The
- controversy and unpopularity stem in large part from privacy
- concerns and the fact that government-designated "escrow
- agents" will hold the users' cryptographic keys.
-
- Congress has asked the National Research Council (NRC) to
- conduct a major study, expected to be available in 1996,
- which would support a broad review of cryptography. OTA
- presents several options for congressional consideration in
- the course of such a review. Because the timing of the NRC
- review is out of phase with the government's implementation
- of key-escrow encryption, one option would be to place a
- hold on further deployment of key-escrow encryption, pending
- a congressional policy review.
-
- An important outcome of a broad review of national
- cryptography policy, says OTA, would be the development of
- more open processes to determine how cryptography will be
- deployed throughout society, including the development of
- infrastructures to support electronic commerce and network
- use of copyrighted materials. More openness would build
- trust and confidence in government operations and leadership
- and allow for public consensus-building.
-
- OTA examines and offers policy options for congressional
- consideration in three areas: 1) cryptography policy,
- including federal information processing standards and
- export controls; 2) guidance on safeguarding unclassified
- information in federal agencies; and 3) legal issues and
- information security, including electronic commerce,
- privacy, and intellectual property.
-
- Requesters for the report are the Senate Committee on
- Governmental Affairs and the House Subcommittee on
- Telecommunications and Finance.
-
- OTA is a nonpartisan analytical agency that serves the U.S.
- Congress. Its purpose is to aid Congress with the complex
- and often highly technical issues that increasingly affect
- our society.
-
-
- ** Congressional Comment **
-
- Senator John Glenn (D-OH) Chairman, Senate Committee on
- Governmental Affairs:
-
- "In the new electronic age, we are relying more and
- more on information technology to streamline government,
- educate our children, make health care more accessible and
- affordable, and make our businesses more productive and
- competitive. This rush to embrace a new age of technology
- must not, however, obscure our ongoing responsibility to
- protect important information and maintain the personal
- privacy of citizens.
-
- "Because we need policies and practices to match the
- reality of this new age, I joined with Senator Roth in
- asking the Office of Technology Assessment (OTA) to study
- security and privacy issues in the network environment. I
- am very happy to say that OTA's report provides an excellent
- summary of these issues. More importantly, OTA spells out
- clear steps that Congress and the Executive Branch should
- consider if we are to develop policies and practices equal
- to the task of providing security and privacy protections in
- an increasingly networked world.
-
- "The Senate Committee on Governmental Affairs, which I
- chair has already rung warning bells in this area. Our
- oversight of agency operations has uncovered threats to
- security and privacy as diverse as foreigners hacking into
- Department of Defense computers and IRS employees browsing
- through computerized taxpayer records. We must recognize
- that new technologies, particularly the development of
- computer networks, are leapfrogging security and privacy
- controls designed for a simpler time. Policies and
- practices for managing paper file cabinets simply are no
- match for the instantaneous world-wide flow of data through
- computer networks.
-
- "Addressing the needs of this new world demands that we
- find fair balancing points among often competing imperatives
- for personal privacy, law enforcement, national security,
- governmental efficiency, and economic competitiveness.
- OTA's very insightful report highlights the need for the
- development of new security and privacy controls, which
- should be done openly, with thorough debate and public
- accountability. Therefore, in the next Congress, this
- Committee will continue its oversight of agency operations
- and will pursue legislation to ensure that government
- agencies handle data from citizens and businesses
- responsibly, and that government employees entrusted with
- maintaining security are held accountable for breaches or
- misuse of their responsibilities.
-
- "I commend the Office of Technology Assessment for its
- timely and very insightful contribution to the development
- of policies and practices that can match the realities of
- the emerging electronic information age."
-
- Senator William V. Roth, Jr. (R-DE), Ranking Republican,
- Senate Committee on Governmental Affairs:
-
- "Since 1988, computer network security breaches have
- grown dramatically, increasing 50% per year on the Internet
- --today's information highway. The ability of the
- government to protect Americans' most private information is
- at stake. For example, the Internal Revenue Service is
- among those agencies who rely increasingly on computer
- networks for such things as filing tax returns. Anyone who
- pays federal taxes has to wonder who might be browsing
- through their personal financial data.
-
- "We need to recognize the potential danger and act
- accordingly. Last year, I asked the Office of Technology
- Assessment to look at such problems and recommend changes.
- Its report highlights how today's government institutions
- are poorly structured to deal with information security.
- Moreover, the report underscores the fact that much more
- work must be done. I intend to pursue hearings on the
- report and amendments to the Computer Security Act."
-
-
- ** How to Obtain This Report **
-
- * ORDERING INFORMATION: For copies of the 252-page report
- "Information Security and Privacy in Network Environments"
- for congressional use, please call (202) 224-9241. Copies
- for noncongressional use are available from the
- Superintendent of Documents for $16.00 each. To order, call
- (202) 512-0132 (GPO's main bookstore) or (202) 512-1800 and
- indicate stock number 052-003-01387-8. Or you can send
- your check or your VISA or MasterCard number and expiration
- date to Superintendent of Documents, P.O. Box
- 371954, Pittsburgh, PA 15250-7974 , [FAX (202) 512-2250].
- For free 8-page summaries, please call (202) 224-8996.
- Federal Express service is available for an additional $8.50
- per order.
-
- * ELECTRONIC ACCESS: The full report is available
- electronically. To download via ftp from OTA, use the
- following procedures: ftp to otabbs.ota.gov (152.63.20.13)
- Login as anonymous. Password is your e-mail address. The
- files are located in /pub/information.security and the file
- names and sizes are:
-
- 01README.TXT (3K)
- 02ORDER.INFO.TXT (4K)
- FOREWORD.TXT (3K)
- ADVISORY.PANEL.TXT (3K)
- STAFF.TXT (1K)
- TOC.TXT (2K)
- CH1.TXT (93K)
- CH2.TXT (169)
- CH3.TXT (172K)
- CH4.TXT (299K)
- APPC.TXT (36K)
- APPD.TXT (3K)
- APPE.TXT (4K)
-
- Appendix A--Congressional Letters of Request and
- Appendix B--Computer Security Act and Related
- Documents--are not available electronically.
-
- ------------------------------
-
-
-
- Subject: GPO Puts Bills Online, but Wants You to Pay for Them Twice
- -------------------------------------------------------------------
-
- The US Federal Government Printing Office announced last week that it
- "now has all Congressional Bills available online", as part of its "GPO
- Access" program. "The Congressional Bills database contains all published
- versions of House and Senate bills introduced since the start of the 103d
- Congress."
-
- Though the GPO promises updates to the database by 6am each publishing day,
- the service is still of limited usefulness to those trying to track the
- progress of active legislation. Worse yet, GPO expects you to pay for
- online access to the bills, and the Federal Register, even though your taxes
- paid for them already, and even though the documents are not covered by
- copyright and are often available from a variety of internet servers
- (generally piecemeal - sites tend to archive only those documents related
- to their own interests, though others are more comprehensive but lagging
- behind or prohibitively expensive). The Library of Congress' own LOCIS
- system provides the text of bills via telnet. Without user fees. However,
- this method of access leaves a lot to be desired compared to ftp, gopher,
- or WWW access.
-
- The GPO's Sept. 27, 1994 press release outlined several payment schedules
- ranging from $35/mo. to $375/year for full or partial single-workstation
- access.
-
- Other problems include failure to implement the system in accordance with
- simple and widespread standards (e.g. it is necessary to purchase a
- specialized WAIS client to use the GPO's wide-area information server's
- features), and failure to provide all of the available material to
- dialup users as opposed to internet users.
-
- On the bright side, access to Federal Depository Library patrons is free,
- when there's a connection at all and a terminal available. And the posting
- of the bills for a fee can be regarded as something of a good start (i.e.,
- it did not require additional legislation to whip the GPO into gear). But
- is this enough to make this move by the GPO applaudable? Or is this
- just a mildly "better than nothing" arrangement? That's up to you to
- decide. Comments can be submitted to +1 202 512 1530 (voice), +1 202 512
- 1262 (fax), or help@eids05.eids.gpo.gov.
-
- For the original GPO press release, see:
-
- ftp.eff.org, /pub/Alerts/gpo_online.announce
- gopher.eff.org, 1/Alerts, gpo_online.announce
- http://www.eff.org/pub/Alerts/gpo_online.announce
-
- [Note: "Flaming" the GPO admins will not help. What might go a long way,
- over time, to getting these problems resolved are reasoned submissions
- explaining why failure to adhere to the WAIS standard, and why charging for
- access to something that is far cheaper to produce than its paper
- equivalent (and already paid for anyway), are perhaps misguided solutions.
- Readers might additionally like to know that Congress's General Accounting
- Office (GAO) is now putting it's material online, but also for a fee.]
-
- ------------------------------
-
-
-
- Subject: Horde of New NII Documents Online at EFF
- -------------------------------------------------
-
- There's been a flurry of document-releasing recently at the Information
- Infrastructure Task Force, the National Performance Review, the National
- Telecommunications and Information Administration, and the Patent &
- Trademark Office. EFF is archiving many of the more important documents,
- including several time-sensitive notices of inquiry, annoucements of
- conferences, and requests for comments, all of which YOU can participate in.
-
- How much of this is hype and how much of this deserves serious attention
- is a good question, but one might wish to keep in mind that the more
- agencies talk about regulating NII issues at the same time they are talking
- about the NII being more like (or just plain being) the Internet, the
- closer they are to talking about regulating the Internet outright. Speak
- up now or forever hold thy peace. There are several Requests for Comment
- included in here, and you owe it to yourself to submit clear and direct
- comments letting regulators know what you think needs to be done or not done.
-
- Available from:
-
- ftp.eff.org, /pub/EFF/Policy/OP/
- gopher.eff.org, 1/EFF/Policy/OP
- http://www.eff.org/pub/EFF/Policy/OP/
-
- [NOTE: Due to large number of IITF docs, IITF material may be moved to
- a Gov_docs subdirectory of .../OP - if you find that the files aren't there,
- just append Gov_docs to the paths above. This move is not imminent, but
- probably eventual.]
-
-
-
- cat_iitf.charter - Charter of the IITF Committee on Applications and Tech.
-
- fed_med_edu_agri_nii_funding.notices - pile of Federal govt. funding mechan-
- ism and grant notices re: agricultur-
- al telecom, telemedicine, and distance
- learning.
-
- gii_iitf.note - Short IITF document on the Global Information Infrastructure.
- Maybe some less parochial memes are catching on?
-
- hiawg_iitf.charter - Charter of the IITF Health Information and Applications
- Working Group
-
- iitf.faq - factsheet on IITF, what it is, and what it does.
-
- iitf_0912.report - monthly IITF Committee Report for Sept. 1994
-
- iitf_goals_nii.paper - Selection of IITF papers, "The Information Infrastruc-
- ture: Reaching Society's Goals".
-
- nii_access_051394_ntia_cpuc_hearing.summary - Summary of NTIA and Calif. Pub.
- Utility Commission hearing
- on open access and the NII
-
- nii_access_051394_ntia_cpuc_hearing.transcript - transcript of above hearing
-
- nii_prinicples_progress.report - Clinton Administration "NII Progress Report"
- and "NII Principles and Actions: A Checklist
- of Progress" report, 93-94.
- See also WWW version at:
- gopher://www.arpa.mil:80/0/NII_Report_94.html
-
- nist_nii_framework.report - NIST report, "Framework for NII Services".
- See http://www.eff.org/papers/otherpapers.html
- for WWW version with graphics.
-
- npr_it_082294.report - NPR report, "Reengineering Through Information
- Technology"
-
- ntia_iitf_nii_94_hearings.report - NTIA/IITF summary of 1994 hearings
- on NII, open access and universal service.
- Subtitled "America Speaks Out", natch.
-
- ntia_iitf_uniserv_conf.announce - Announcement of NTIA/IITF virtual
- conference on universal service and the
- NII. * TIME SENSITIVE - DEADLINE: OCT. 14,
- 1994 *
-
- ntia_uniserv_access.noi - NTIA Notice of Inquiry on NII universal service
- & open access issues. * TIME SENSITIVE - DEADLINE:
- DEC. 14, 1994
-
- omb_gils.notice - OMB bulletin on establishment of a Government Information
- Locator Service (GILS)
-
- pto_iitf_nii_security.rfc - Request for Comments and Notice of Hearing (PTO
- and IITF) on Commercial Security in the NII.
- * TIME SENSITIVE - DEADLINE: OCT. 13, 1994 *
-
- pto_intprop_extension.rfc - Extenstion to deadline for comments submitted
- in response to PTO's Request for Comments on
- draft report on the NII and Intellectual Property
- Rights. * TIME SENSITIVE - DEADLINE: OCT. 21,
- 1994 *
-
- putting_ii_to_work_iitf.report - IITF report: "Putting Information
- Infrastructure to Work"
-
- putting_ii_to_work_iitf.comments - public comments from a variety of
- individuals and organizations on the
- above report
-
- s1822_doc_irving_092094.testimony - Dept. of Commerce Asst. Secy. Larry
- Irving's Sept. 20 1994 US Senate testimony
- before the Antitrust, Monopolies and Bus-
- iness Rights Subcommittee of the Judiciary
- on S. 1822, the would-be Communications
- Act of 1994 (Senate companion to the
- Markey bill, HR. 3636, which implemented
- most of EFF's Open Platform NII
- provisions)
-
- satel_gii_doc_irving_hr_072894.testimony - Dept. of Commerce's Larry Irving
- testimony to House of Rep. on
- satellite-based technologies and
- the GII
-
- tpwg_cat_iitf.charter - Charter of the Technology Policy Working Group of
- the Committee on Applications and Technology of IITF
-
- ------------------------------
-
-
-
- Subject: What YOU Can Do
- ------------------------
-
- "The net poses a fundamental threat not only to the authority of the
- government, but to all authority, because it permits people to organize,
- think, and influence one another without any institutional supervision
- whatsoever. The government is responding to this threat with the Clipper
- Chip."
- - John Seabrook, "My First Flame", _New_Yorker_ 06/06/94
-
- Ensuring the democratic potential of the technologies of computer-mediated
- communication requires active participation in the political processes that
- shape our destinies. Government agencies, legislatures and heads of state
- are accustomed to making decisions about the future of technology, media,
- education, and public access to information, with far-reaching and
- long-lasting effects on citizens and their lives, but are accustomed to
- doing so with little input or opposition from anyone but the largest of
- corporations, and other government representatives.
-
- Now, more than ever, EFF is working to make sure that you can play an
- active role in making these choices. Our members are making themselves heard
- on the whole range of issues. EFF collected over 5000 letters of support
- for Rep. Maria Cantwell's bill to liberalize restrictions on cryptography.
- We also gathered over 1400 letters supporting Sen. Leahy's open hearings on
- the proposed Clipper encryption scheme, which were held in May 1994. And
- EFF collected over 90% of the public comments that were submitted to NIST
- regarding whether or not Clipper should be made a federal standard.
- Additionally, EFF has worked for the passage of legislation that would
- ensure open access to the information infrastructure of today and tomorrow,
- and continues to provide some of the best online resources on privacy,
- intellectual freedom, the legalities of networking, and public access to
- government representatives and information.
-
- You *know* privacy, freedom of speech and ability to make your voice heard
- in government are important. You have probably participated in our online
- campaigns and forums. Have you become a member of EFF yet? 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!
-
- For EFF membership info, send queries to membership@eff.org, or send any
- message to info@eff.org for basic EFF info, and a membership form.
-
- ------------------------------
-
-
-
- Administrivia
- =============
-
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-
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-
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-
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- ------------------------------
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- Internet Contact Addresses
- --------------------------
-
- Membership & donations: membership@eff.org
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-
-
-
-
-
- End of EFFector Online v07 #13
- ******************************
-
- $$
-