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- EFFector Online Volume 07 No. 14 November 23, 1994 editors@eff.org
- A Publication of the Electronic Frontier Foundation ISSN 1062-9424
-
- In This Issue:
-
- EFF Urges X9 Committee to Adopt Triple-DES Standard
- Aerosmith & EFF Rock the Net
- Statement of Rep. Brown on Encryption Standards and Procedures Act
- DoC Telecom & Info Infrastructure Assistance Program Grants
- Digital Library Study - Call for Participation
- FCC Crackdown on Free Radio Berkeley
- Calendar of Events
- What YOU Can Do
-
- ----------------------------------------------------------------------
-
-
- Subject: EFF Urges X9 Committee to Adopt Triple-DES Standard
- ------------------------------------------------------------
-
- EFF sent a letter to 37 members of the Accredited Standards Committee (ASC)
- X9 urging the committee to vote to develop a standard for data encryption
- based on triple-DES, a strengthened and upgraded form of the popular DES
- (data encryption standard). The balloting process, which allows members
- one month to cast their vote, closes on November 19.
-
- The vote has important implications on the future of cryptographic
- standards and US cryptography policy generally. The banking and financial
- services industries are major users of cryptography, and applications
- developed for this community tend to drive the market. As a result, the
- adoption of a standard based on triple-DES would pose a major setback to
- the NSA's efforts to push Clipper or similar government key-escrow based
- standards.
-
- The NSA, which is a voting member of the X9 committee, has urged members to
- vote against the triple-DES standard.
-
- The ASC X9 committee is charged with setting data security standards for
- the US banking and financial services industries. Its membership is
- comprised of representatives from the banking, financial services, computer
- and communications industries, software manufacturers, and government,
- including the NSA, the Federal Reserve, and NIST.
-
-
- * BACKGROUND
-
- Encryption is widely used by banks and other financial institutions to
- protect the billions of dollars in transfers and other transactions which
- flow every day across the world's communications networks.
-
- Currently, the prevailing encryption standard used in the banking industry
- is based on DES (Data Encryption Standard). DES has been available since
- the early 1970's, and is popular because it has been repeatedly tested and
- is considered unbreakable except by brute force (trying every possible
- key). DES is also popular because the US government has allowed banks and
- financial institutions to use it overseas -- a limited but important
- exception to the strong controls placed on other forms of cryptography.
-
- Despite its enormous popularity and widespread use, the banking and
- financial services industries are searching for a new standard because DES
- is reaching the end of its useful life.
-
- Although DES can only be cracked through brute force, the increasing speed
- and sophistication of computer processing power will soon render the
- standard insecure. At a recent cryptography conference, experts
- demonstrated that DES codes can be cracked in as little as three hours
- using a machine which cost less than $1 million to build.
-
- Triple-DES, a strengthened version of the reliable and trusted DES
- standard, is the alternative favored by the banking and financial services
- industries. In basic terms, the triple-DES standard is based on the
- existing DES, but has been enhanced by tripling the key length. The longer
- key will make it more difficult to use brute force to crack the code.
-
- Supporters of triple-DES view it as a temporary, stop-gap solution, which
- will provide additional security until a suitable alternative can be
- developed. Moreover, because triple-DES is based on an existing standard
- that virtually all users are familiar with, it is argued that developing
- and using triple-DES will not be a burden to current designers and users
- of data security systems.
-
-
- * NSA ATTEMPTS TO PUSH X9 TO ADOPT CLIPPER STANDARD
-
- Members of the X9 committee agree that an alternative to DES must be found,
- the question is what that standard will be. The committee is currently
- considering a recommendation to develop a standard based on triple-DES.
- Although there appears to be general support for the recommendation (it
- passed an X9 subcommittee on a vote of 13 to 2, with 3 abstentions, in
- July), the NSA has lobbied the committee to reject the proposal to create a
- triple-DES standard. They have circulated a letter to committee members
- (attached below) urging them to vote against the triple-DES recommendation.
-
- Without offering specific alternatives, the NSA letter stresses national
- security, attempts to discredit the strength of triple-DES, and questions
- its exportability.
- The NSA appears to believe that the rejection of triple-DES by the X9
- committee would create an opportunity to push for the only current
- alternative -- Clipper.
-
- By agreeing to develop a triple-DES based standard, the X9 committee can
- simultaneously establish a workable transitional measure and send a strong
- repudiation of the Clipper proposal and government designed cryptographic
- standards. Moreover, such a vote would pose a major setback to the NSA's
- efforts to ensure that all cryptography contains government-escrowed back
- doors.
-
- The final balloting closes on Saturday, November 19. EFF is tracking the
- committee vote, and will update this story as soon as further information
- is available.
-
-
- * EFF LETTER TO X9 COMMITTEE MEMBERS
-
- November 18, 1994
-
-
- Dear Accredited Standards Committee-X9 Member:
-
- The X9 Committee is currently voting as to whether to recommend the
- development of a standard for triple-DES (ballot number X9/94-LB#28). The
- Electronic Frontier Foundation (EFF) strongly urges you to vote in favor of
- the triple-DES standard.
-
- EFF supports the development of a variety of new data security standards
- and alternatives to DES. We believe the triple-DES standard provides the
- best immediate short term alternative because:
-
- * The basic algorithm, DES, is strong and has been tested repeatedly.
-
- * There are no known attacks that succeed against triple-DES.
-
- * It is clearly no less secure than DES.
-
- * It eliminates the brute-force problem completely by tripling the
- key length.
-
- * It runs at high speeds in easy-to-build chips.
-
- * It can be easily incorporated into existing systems.
-
- NSA's opposition to triple-DES appears to be an indirect attempt to push
- Clipper by eliminating credible alternatives. Clipper is not a viable
- alternative to triple-DES, and carries substantial liabilities. There has
- been no evidence of foreign acceptance of the standard and the skipjack
- algorithm is classified. The likelihood of any government accepting secret
- standards developed by a foreign security agency is slim. Clinton
- Administration efforts, through the NSA, to push Clipper as a domestic
- standard over the past two years have failed.
-
- We urge you to carefully consider the alternatives before you cast your
- ballot. We believe that the triple-DES issue should be decided on its own
- merits.
-
- Sincerely,
-
- John Gilmore
- Board of Directors
- Electronic Frontier Foundation
-
- Daniel J. Weitzner
- Deputy Policy Director
- Electronic Frontier Foundation
-
-
- * NSA LETTER TO X9 COMMITTEE MEMBERS
-
- X9 Member
-
- I will be casting a NO vote of the NWI proposal for triple-DES,
- Letter Ballot X9/94-LB#28. The reasons are set forth below. You may find
- these useful as you determine your position.
-
- Jerry Rainville
-
- NSA REASONS FOR NEGATIVE VOTE
-
- While NSA supports the use of DES in the global financial sector,
- we believe that standardization of triple-DES is ill-advised for a number
- of reasons.
-
- The financial community should be planning to transition to a new
- generation of cryptographic algorithms. When DES was first introduced, it
- represented the "only game in town." IT supported encryption,
- authentication, key management, and secure hashing applications. With a
- broader interest in security, the market can now support optimized
- algorithms by application. Going through the expense of installing a
- stop-gap can only serve to delay progress in achieving interoperable
- universal appropriate solutions.
-
- While we understand the appeal of a snap-in upgrade, our experience
- has been that any change is expensive, especially one where the
- requirements on the key management system change. WE do not agree that
- replacing DES with triple-DES is significantly less expensive than
- upgrading to more appropriate technology
-
- Tripling of any algorithm is cryptographically unsound. Notice
- that tripling DES, at best, only doubles the length of the cryptovariable
- (key). Phrased another way, the DES was optimized for security at 56 bits.
- We cannot vouch that any of the schemes for doubling the cryptovariable
- length of DES truly squares the security.
-
- We understand the financial community has concerns with current key
- escrow based encryption, however, we are committed to searching for answers
- to those concerns. But the government is also committed to key escrow
- encryption, and we do not believe that the proposal for triple DES is
- consistent with this objective.
-
- US export control policy does not allow for general export of DES
- for encryption, let alone triple-DES. Proceeding with this NWI would place
- X9 at odds with this long standing policy. It also violates the newly
- accepted X9 cryptographic policy.
-
- The US government has not endorsed triple-DES; manufacturers and
- users may be reluctant to use triple-DES products for fear of possible
- liability.
-
- Finally, further proliferation of triple-DES is counter to national
- security and economic objectives. We would welcome the opportunity to
- discuss these concerns with an appropriate executive of your institution.
-
- ------------------------------
-
-
- Subject: Aerosmith & EFF Rock the Net
- -------------------------------------
-
- Aerosmith Press Release
-
- America's premier rock band, Aerosmith, today announced details of a unique
- global event which will take the band across the information technology
- frontiers into new realms of Cyberspace.
-
- In what will be the first event of its kind, Aerosmith's history-
- making "Cyberspace Tour," scheduled to take place over four days (December
- 4 to 7 inclusive), will allow fans from all over the world to "speak"
- directly to the band via the four leading information service providers:
- CompuServe, Prodigy, America Online and the Internet.
-
- Never before has a band utilized four online services in this way, and
- never before have so many people been brought together at one time for an
- interactive gathering of this kind.
-
- Proceeds from the connect time charges and the sale of limited edition
- "Aerosmith Cyberspace Tour" T-shirts (specially designed in support of the
- event by graphic artists at Wired Magazine and manufactured by Giant
- Merchandising) will benefit the Electronic Frontier Foundation (EFF) -- a
- civil liberties organization dedicated to advancing free speech on the
- networks. In addition, Aerosmith has secured substantial cash donations
- for the Foundation from Geffen Records, EMI Music Publishing and Columbia
- Records.
-
- Founded in July 1990, over the past four years, the EFF has sponsored
- litigation and legislation to protect the privacy rights of computer users,
- to ensure that electronic publishers are treated equally under the law and
- to guarantee that all speech, no matter how controversial, has a forum
- where it can be heard. As committed supporters of both the First and
- Fourth Amendments, Aerosmith hopes to focus worldwide attention on these
- important issues through the instigation of this event.
-
- In addition to the opportunity to converse directly with each of the
- band members, those participating will stand to win an exciting array of
- Aerosmith prizes, ranging from the band's latest, collectible Columbia
- release, "Box of Fire", and Geffen's "Big Ones" Aerosmith compilation album
- and home video, to their first interactive CD-ROM game, "Virtual Guitar:
- Quest for Fame, Featuring Aerosmith" and the CD-ROM-based music video
- puzzle game: "Vid Grid."
-
- Kicking off on Sunday, Dec. 4, at 7 p.m. (EST) Aerosmith will first
- join users of CompuServe, the world's largest commercial online service,
- for an hour-long interchange. The following night, at 10 p.m. (EST), they
- will link up with Prodigy devotees for an hour, before surfing over to
- America Online on Tuesday, Dec. 6, between 8:15 p.m. and 9 p.m. (EST). For
- their final appearance (10 p.m. EST Dec. 7), the band will log on to a
- linked collection of live electronic gathering places, called MOOs,
- accessible through the Internet. This last stop on the tour will see an
- unprecedented number of users accessing the system -- making this a
- ground-breaking excursion along the information highway.
-
- For two of the online events, the band will be set up backstage, with
- Macintosh Powerbooks courtesy of Apple Computers, prior to their shows at
- the Palace of Auburn Hills in Detroit (Dec. 4) and the United Center in
- Chicago (Dec. 6). For the other two nights, utilizing the same equipment,
- they will take time out of their hectic schedules, to link up with their
- fans en route between gigs.
-
- Anyone with a computer, a modem and access to one of the four online
- services (which are immediately available from any computer store or
- through any of the commercial services' 800 numbers) will be able to dial
- in and participate in this exciting tour of Cyberspace.
-
- For directions to these online 'gigs' users should contact either the
- Electronic Frontier Foundation at 202-347-5400 (voice) or aerosmith@eff.org
- (internet e-mail). Alternatively, details will be available on each of the
- participating online services.
-
-
- 11/23/94
- Press Contact: Wendy Laister, +1-213-655-4140 or +44-385-300069
-
- ------------------------------
-
-
- Subject: Statement of Rep. Brown on Encryption Standards and Procedures Act
- ---------------------------------------------------------------------------
-
- On October 6, Rep. George Brown (D-CA), Chairman of the House Committee on
- Science, Space, and Technology, introduced the "Encryption Standards and
- Procedures Act of 1994". The bill was not considered this year.
-
- Brown introduced this bill at the end of this Congress inorder to send a
- signal that he is serious about pursuing legislation similar to this next
- year.
-
-
- Congress is likely to begin to consider this issue early in the next
- session (early 1995), so there is plenty of time to come up with opinons
- and reactions to the bill. But, inorder to keep you informed about
- important developments in Congress, we thought you should see this as soon
- as we did.
-
- Please read this statement, take a look at the draft legislation and EFF's
- initial analysis and summary (see URLs at the end of this document), and
- let us know what you think.
-
-
- "ENCRYPTION STANDARDS AND PROCEDURES ACT OF 1994"
- HON. GEORGE E. BROWN, JR.
- OF CALIFORNIA
- IN THE HOUSE OF REPRESENTATIVES
- THURSDAY OCTOBER 6, 1994
-
- Mr. Speaker, today I am introducing H.R. 5199, the Encryption Standards and
- Procedures Act of 1994. The purpose of this legislation is to establish
- Federal policy governing the development and use of encryption technology
- for unclassified information that strikes the proper balance between the
- public's right to private and secure communications and the government's
- need to decipher information obtained through lawful electronic
- surveillance.
-
- The legislation would authorize the National Institute of Standards and
- Technology (NIST) to develop and issue, by regulation, federal encryption
- standards for ensuring the privacy, security, and authenticity of domestic
- and international electronic communications in a way that preserves privacy
- rights and maintains the government's authority and ability to conduct
- electronic surveillance. The development of such standards under a
- rulemaking process will ensure that all stakeholders have an opportunity to
- influence the final program. With respect to policy, the bill would permit
- wider use of encryption technology while reasserting the Forth Amendment
- privacy rights and the government's authority to conduct lawful electronic
- surveillance. To ensure those rights are preserved, the bill would impose
- new legal requirements on escrow agents that may be part of an encryption
- standard established under the legislation. It would also establish a
- research and development program at NIST to develop next generation
- encryption technology, and would authorize the use of available
- appropriations to implement the legislation.
-
- Mr. Speaker, this Administration has placed a high priority on promoting
- the National Information Infrastructure (NII) and in realizing the economic
- and social benefits of that infrastructure. To achieve those goals, which
- I strongly endorse, information communicated over the NII must be secure,
- private, and authentic. Otherwise, the public will not fully use the NII
- and we will not realize its vast potential benefits. Encryption technology
- provides this capability.
-
- During the Cold War, the Federal Government pursued a de facto policy of
- suppressing private sector development, use, and export of encryption
- technology for national security reasons. Recent advancements in
- encryption technology and its proliferation make enforcement of that policy
- increasingly difficult. Moreover, fulfilling the goals of the National
- Information Infrastructure requires private and secure communications that
- can only be achieved with encryption technology. The widespread use of
- that technology, however, threatens to impede the government's ability to
- conduct lawful electronic surveillance.
-
- In February, 1994, the Administration responded to this dilemma by formally
- adopting a voluntary federal Escrowed Encryption Standard (EES) for
- electronic voice communications known as "Clipper". The standard would be
- implemented in computer chips that use a classified mathematical formula to
- encrypt unclassified telephone conversations and computer data transmitted
- over public telephone networks. Authorized government agencies can decode
- those communications by presenting a legal request to tow escrow agents,
- which would hold two halves of a mathematical key that can decipher the
- code.
-
- The purposes of Clipper are two fold -- first, to provide a means to
- safeguard public and private electronic communications and, second, to
- enable government law enforcement authorities and intelligence gathering
- agencies to decipher such communications that have been lawfully
- intercepted. Similar voluntary standards for electronic data
- communications are under development by the government and may soon be
- issued. The Administration contends that it has authority under the
- Computer Security Act to issue such standards. Others, however, have
- raised concerns about the proper interpretation and application of the Act
- with respect to Clipper and similar standards.
-
- The Computer Security Act, which the Committee on Science, Space, and
- Technology reported and the Congress enacted in 1987, authorizes NIST, in
- consultation with other appropriate federal agencies, to develop and issue
- standards and guidelines for protecting "unclassified, sensitive
- information" in "federal computer systems". The Act did not explicitly
- contemplate the development or issuance of standards for safeguarding
- private communications and satisfying the information needs of law
- enforcement and the intelligence community. Such communications are
- considered private property subject to separate and distinct constitutional
- rights an legal protections. The Administration's interpretation of the
- Computer Security Act to cover such matters appears to go beyond the
- original intent of the Act and may be inconsistent with other law
- pertaining to individual privacy, protection of private property, and
- government authority to conduct lawful surveillance.
-
- In testimony at hearings before our Committee, witnesses from industry and
- privacy groups objected to the secretive way Clipper was developed, and
- stated that the initiative does not go far enough to promote widespread use
- of encryption technology. They argued the program will hamper business
- opportunities for United States firms, may infringe on individual privacy
- rights, and is prone to abuse. The Administration refutes these claims and
- intends to proceed with the initiative arguing that it is essential for
- public safety and national security. The issue currently is stalemated
- unless there is legislation or third party intervention.
-
- The Administration has publicly stated that it does not intend to seek
- legislation expressly authorizing Clipper or any other federal encryption
- standard because it wants flexibility to modify its encryption policy and
- program in response to changing circumstances. The Administration's desire
- for flexibility, however, contributes to the public's mistrust and
- opposition to Clipper. The proposal was developed under an administrative
- directive and, therefore, could just as easily be changed in a way that
- might be construed to diminish privacy rights without giving the public
- adequate opportunity to affect the program. For this reason alone, the
- public is unlikely to ever accept Clipper Chip in its present form.
-
- I, along with others, believe that a viable approach to gain public support
- for an initiative like Clipper is legislation to codify federal encryption
- policy and govern how that policy would be implemented. In doing so, all
- stakeholders would have an opportunity to influence the policy. The final
- program would have been subjected to greater scrutiny and its
- implementation would be under the rule of law. It may well be that only
- under these circumstances would the public accept a federal encryption
- standard and the needs of law enforcement could be satisfied without
- compromising privacy rights.
-
- The Office of Technology Assessment (OTA) issued in September an extensive
- report entitled "Information Security and Privacy in Network Environments"
- that is consistent with this view. The report concluded that "appropriate
- institutional and technical safeguards are required for a broad range of
- personal... information, [o]therwise, concerns for the security and privacy
- of networked information may limit the usefulness and acceptance of the
- global information infrastructure." OTA also stated that such safeguards
- can only be developed successfully through an "open process" and with
- congressional involvement so the views of all affected parties can be
- considered properly in arriving at a final outcome. Public trust in
- government and acceptance of federal encryption standards can only be
- achieved through such a process. The sentiment was shared by most
- respondents to a draft of the bill that I circulated earlier this Summer
- for comments.
-
- Mr. Speaker, the bill I have introduced today has been drafted, not as a
- perfect solution to the problem of privacy and security in the electronic
- information age, but as a means for getting the various factions to talk to
- each other in an open process to reach a sensible and effective resolution
- of this critical issue. I invite all interested parties to comment on the
- bill. My intention is to modify the bill to reflect comments made and to
- introduce it again early in the 104th Congress for consideration by this
- body.
-
- * For a copy of the bill and EFF comments regarding this legislation, see:
-
- ftp.eff.org, /pub/EFF/Legislation/Bills_by_number/, hr5199*
- gopher.eff.org, 1/EFF/Legislation/Bills_by_number, hr5199*
- http://www.eff.org/pub/EFF/Legislation/Bills_by_number/, hr5199*
- [Note: material will soon be moved to .../Bills_by_number/Old/]
-
- ------------------------------
-
-
- Subject: DoC Telecom & Info Infrastructure Assistance Program Grants
- --------------------------------------------------------------------
-
- FOR IMMEDIATE RELEASE: CONTACT: Stephanie Schoumacher
- Paige Darden
- (202) 482-1551
-
-
- PUBLIC INSTITUTIONS RECEIVE MILLIONS TO DEPLOY INFORMATION
- SUPERHIGHWAY
-
- Washington, DC -- Today, Secretary of Commerce Ronald H. Brown announced
- the public institutions that will receive millions of dollars from the
- Department of Commerce's National Telecommunications and Information
- Administration (NTIA). The awards, which will help deploy a nationwide,
- high speed, interactive infrastructure, are designed to provide access to
- the information superhighway for every American.
-
- The grants require matching funds and will generate millions of dollars
- toward the development of the National Information Infrastructure (NII) in
- public institutions such as schools, hospitals, libraries, social service
- organizations, museums, and state and local governments.
-
- "The Telecommunications and Information Infrastructure Assistance (TIIAP)
- program will help public institutions deploy their services more
- efficiently," said Secretary Brown. "In addition, they will serve as
- catalysts for further developing the NII by providing models for communities
- throughout the nation to follow," he continued.
-
- Nearly 100 grants throughout the nation will be awarded. Grants will be
- awared for both planning and demonstration projects. Key elements include
- collaboration at the local and state levels, improving social services
- through technology, and serving diverse segments of society.
-
- "Funding a program such as TIIAP, which is built on the concept of public/
- private partnerships, is the appropriate role for government to play in
- helping every American access the information superhighway -- one of the
- goals of this Administration," said Larry Irving, assistant secretary for
- communications and information of the U.S. Department of Commerce and
- administrator of NTIA.
-
- TIIAP program objectives include reinforcing the values of American
- democracy such as empowering citizens, promoting equal opportunity,
- protecting individuals' rights, and strengthening democratic institutions.
-
- Examples of grants that were awarded include:
-
- o a telemedicine project that will deliver health services to
- underserved rural areas;
-
- o an environmental education project that will collect data and
- deliver it to scientists and public schools;
-
- o an inner city development project that will use telecommunications
- technologies to forge links between community building organizations that
- work to reduce poverty and create social and economic opportunities for
- inner city residents; and
-
- o a project that will provide school children and citizens of the
- state with access to information through computer terminals located in
- classrooms, libraries, neighborhood and senior centers, shelters, and
- health care facilities.
-
- The National Telecommunications and Information Administrations serves as
- the President's principal advisor on telecommunications policies pertaining
- to the nation's economic and technological advancement and to the
- regulation of the telecommunications industry.
-
- October 12, 1994
-
- ------------------------------
-
-
- Subject: Digital Library Study - Call for Participation
- -------------------------------------------------------
-
- Institutional and Organizational Dimensions
- of the Effective Use of Digital Libraries
-
-
- Professor Rob Kling
- Principal Investigator
- Department of Information and Computer Science
- University of California
- Irvine, CA 92717
-
-
- Brief Project Description (10/19/94)
-
- There has been recent rapid growth of diverse digital
- library (DL) services such as: on-line bibliographic
- databases and catalogs, distributed document databases
- (including Gopher, World wide web), scholarly and
- professional discussion lists, electronic journals, and other
- on-line databases.
-
- However, there has been little systematic investigation into
- the conditions that foster their effective use. This project
- examines how university faculty and students use relevant
- DL resources, and the institutional and organizational
- practices that effectively support the use of DLs for
- university teaching and research. Institutions and
- organizations vary in their ability to provide materials to
- students and faculty in the libraries and their work places.
- These services are now provided by librarians, academic
- computing support and booksellers. By identifying the
- institutional practices that can boost DL access and
- effective use, we are developing guidelines for planning and
- supporting network resource sharing.
-
- We are conducting a multi-tiered study including: (1) a
- comparative institutional analysis of 6-8 university digital
- library and network information services and (2) an
- intensive field study of DL providers and 50 faculty and
- graduate students in five disciplines who use DL services
- at one institution.
-
-
- Some key research questions
-
- 1. How accurately do faculty and students perceive the
- availability of resources, services, contents, and
- formats of electronic materials?
-
- 2. How much do faculty and students actually utilize
- these resources, and how do they fit their
- informational preferences and work practices?
-
- 3. Under what conditions do faculty and students prefer
- electronic information to be available in specific
- forms? For example, when do faculty and students
- prefer ASCII text, bitmapped text, annotated text,
- multimedia, or print formats? Under what conditions
- do faculty and students want networked versus
- CD-ROM or downloadable resources? Under what
- conditions can librarians, departments and academic
- computing support provide these formats?
-
- 4. To what extent do faculty and student use services
- where they have assistance from skilled help such as
- reference librarians, colleagues or computing support
- assistants.
-
- 5. How do these patterns of preferences and usage vary
- with different disciplinary traditions, institutional
- pressures and values and working conditions?
-
- 6. How can we succinctly characterize the differences
- between higher quality and less quality
- delivery/support of digital library services at a campus
- level?
-
- This study is funded by the U.S. Department of Education
- and is administered by the Center for Research in
- Information Technology in Organizations at the University
- of California, Irvine. For more information, contact:
-
- Professor Rob Kling
- (kling@ics.uci.edu)
- 714-856-5160 [824-5160 after Nov 5, 1994]
-
- Ms. Lisa Covi
- (covi@ics.uci.edu)
- 714-856-5086
- 714-556-8513 (Messages)
-
- Department of Information and Computer
- Science
- University of California
- Irvine, CA 92717-3425
-
- ------------------------------
-
-
- Subject: FCC Crackdown on Free Radio Berkeley
- ---------------------------------------------
-
- MEDIA RELEASE
-
- For immediate release: Thursday, October 13 - 2 pages
-
- Contact: Stephen Dunifer, Free Radio Berkeley - (510) 644-3779, 464-3041
- Luke Hiken, Attorney At Law, NLGCDC - (415) 705-6460
-
- FCC SEEKS INJUNCTION TO
- GAG MICRO POWER BROADCASTER
-
-
- On Tuesday, October 10 attorneys for Stephen Dunifer and Free
- Radio Berkeley received notice, 80 pages worth, of the FCC's intention to
- seek an injunction which would bar further broadcasts by Free Radio
- Berkeley. Stephen Dunifer is named as the responsible party. Free Radio
- Berkeley is part of a rapidly growing movement which uses inexpensive and
- low power radio transmitters (1/2 watt to 30 watts) to reach local
- communities. Called micro power broadcasting, this movement sees simple,
- easy to use transmitters as the leaflet of the 90's. In an era of
- multinational controlled mass media, micro power broadcasting is the voice
- of the community; the voice of the people. For four years the government
- has been trying to squelch this movement with escalating (but uncollected)
- fines. Clearly, it sees broadcasting which anyone can do as a threat to
- centralized control of information, ideas and culture. Intimidation
- having failed, the FCC is abandoning its own procedures and turning to the
- weight of the Federal Courts to squelch this new and democratic media. It
- won't happen.
-
- Last July the FCC served a notice of apparent liability on Stephen
- Dunifer in the amount of $20,000 for alleged illegal broadcasts. This
- case has been pending before an FCC administrative panel for over a year.
- In July 1994, a Federal Appeals Court in the District of Columbia ruled
- that the FCC's current fine structure was invalid. This action, at the
- very least, places the FCC fine process into a state of limbo until new
- hearings are held. Perhaps this explains why the FCC has taken this mode
- of attack.
-
- Luke Hiken, attorney for Stephen Dunifer, stated, "This is a
- totally unprecedented move on the part of the FCC. It appears they have
- side-stepped their own authority regarding micro radio broadcasting.
- Instead, they have chosen to bring down the full weight of the Federal
- Court System on an ever expanding community of broadcasters who are
- challenging the FCC's ban on micro power broadcasting.". (continued)
-
- "They can kiss my Bill of Rights" was Stephen Dunifer's response,
- who went on further to say, "Neither myself nor the movement to liberate
- and reclaim the airwaves from corporate control will be deterred one bit
- by the FCC's latest action. It is a matter of free speech and human
- rights. No where in their prodigious legal tome does any aggrieved party
- come forth, other than the FCC, to assert damage or harm. FCC, in my
- opinion, stands for fostering corporate control. Free Radio Berkeley has
- been on vacation for the last few months in order to allow time to put
- together new equipment. Broadcasts will resume shortly at a new
- frequency, 104.1 FM, and continue until the date of the first court
- hearing. If an injunction is granted, there are many others taking up the
- banner of Free Radio Berkeley. We shall not be moved nor stymied by a
- justice system which means, in reality, just us corporations."
-
- Another member of the legal defense team, Allen Hopper, put it
- this way, "It is utterly amazing that the FCC would seek a TRO, which is
- only sought for emergency situations where the threat of immediate and
- irreparable harm requires the intervention of the Court. The fact that
- the FCC has had this case pending before its own administrative panel for
- over a year contradicts any notion of emergency or injury. Further, their
- actions clearly demonstrate the fear they hold for the kind of public
- dialogue which takes place over micro power radio."
-
- Luke Hiken and the National Lawyers Guild Committee on Democratic
- Communications are committed to defending the rights of micro broadcasters
- under the US Constitution and principles of international law.
-
- At this moment, a hearing on this matter is scheduled to take
- place on December 2 in Federal District Court in Oakland starting at 10:30
- AM. A Free Speech Solidarity Support Rally will be held outside the
- Oakland Federal Building prior to the hearing. On the following evening
- (Saturday, December 3) a public forum flying the banner of - Seizing the
- Space, Media and Communications Free Speech Activism - will be held in
- Berkeley at the Unitarian Fellowship (Cedar & Bonita). Starting time will
- be 8 PM. Simultaneous forums on this topic will be taking place in a
- number of other cities around the US, and perhaps internationally as well,
- on this date.
-
- Complete media packets will be sent out upon request. Please
- contact Free Radio Berkeley, (510) 644-3779, (510) 464-3041.
-
- ------------------------------
-
-
- Subject: Calendar of Events
- ---------------------------
-
- Nov. 25-
- Dec. 6 - Window in the Net Conference and Exhibits, Berlin, Germany,
- Info: http://www.artcom.de/frame/media
-
- Nov. 26 - EF-Canada/U. Waterloo Free Speech & Privacy in the Information
- Age Symposium, Waterloo, Ontario, 8am-6pm.
- Contact: Wendy Rush, +1 519 885 1211 ext. 3688, or Prof. Jeffrey
- Shallit, +1 519 888 4804; fax: +1 519 885 1208; internet:
- sfsp@graceland.uwaterloo.ca
-
- Nov. 29-
- 30 - CAUSE 94 Conference and CNI Task Force Meeting. Contact:
- Paul Even Peters, Coalition for Networked Information, +1 202
- 296 5098, paul@cni.org
-
- Dec. 3 - EFF-Austin Sysop Liability Workshop, 1pm-6pm CST, featuring
- EFF's Mike Godwin, Ed Cavazos of EF-Houston, Pete Kennedy (counsel
- in the Steve Jackson Games case), Steve Ryan (Houston attorney),
- Garry Kissiah (high-tech law consultant and author).
- Info: David Smith (bladex@bga.com).
-
- Dec. 4 - EFF/Aerosmith Conference, CompuServe Auditorium, 7pm EST
- Contact: 1-800-848-8199 for CIS access; aerosmith@eff.org for info
- See article in this issue for background
-
- Dec. 5 - Colorado University--Boulder's NII Summit, featuring EFF co-founder
- John Perry Barlow, Sens. Hank Brown & Ben Campbell, TCI's John
- Mallone, and US West's Richard McCormick.
- Info: http://www.cs.colorado.edu/home/mcbryan/cnii/brochure.html
-
- - EFF/Aerosmith Conference, Prodigy Auditorium, 10pm EST
- Contact: 1-800-776-3449 for Prodigy access;
- aerosmith@eff.org for info
-
- Dec. 6 - EFF/Aerosmith Conference, America On-Line Auditorium, 8:15pm EST
- Contact: 1-800-827-6364 for AOL access; aerosmith@eff.org for info
-
- Dec. 7 - EFF/Aerosmith Conference, Internet Meta-MOO, 10pm EST
- Info: aerosmith@eff.org; even will be hosted simultaneously by
- many MOO hosts (reachable via telnet or MOO client), including
- BayMOO, Chiba/Sprawl, MetaVerse and others. See your sysadmin
- for technical assistance with telnet and MOO access. This historic
- Event will for the first time link a number of MOO servers in
- realtime, for the largest single organized live event in Internet
- history. Even may also be "simulcast" via email and WWW.
- Send any message to aerosmith@eff.org for periodic updates.
-
- Dec. 16 - 4th Annual Loebner Prize Competition in Aritificial Intelligence,
- Calif. State U. - San Marcos. Contact: Dr. Robert Epstein,
- +1 619 436 4400, fax: +1 619 436 4490, internet:
- repstein@nunic.nu.edu
-
- Dec. 31 - Deadline for proposals for ISEA 95 (see below).
-
- 1995
-
- Sep. 17-
- 24 - International Symposium on Electronic Art, Montreal, Quebec, Canada.
- Information: +1 514 990 0229, fax: +1 514 842 7459, internet:
- isea95@er.uqam.ca
-
- ------------------------------
-
-
- 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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- Internet Contact Addresses
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-
- End of EFFector Online v07 #14
- ******************************
-
- $$
-