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- Happy Valentine's Day!
- =========================================================================
- EFFector Online Volume 09 No. 02 Feb. 14, 1996 editors@eff.org
- A Publication of the Electronic Frontier Foundation ISSN 1062-9424
-
- IN THIS ISSUE:
-
- EFF Open Letter to US Net Users on Comm. Decency Act Compliance
- ALERTS: Blue Ribbon Campaign and "24 Hours in Democracy"
- The CDA: Has It Fallen? Can It Get Up?
- EFF Statement on CDA Impact, Substance and Process
- Activists' Corner
- Blue Ribbon Campaign
- Pro-CDA Free Speech Skeptics
- URGENT: We Need to Know What's Happening in Your Area!
- NewsNybbles
- EFF Notes
- Get Out the Netly Vote
- Govt. Printing Office Online Access Finally "Free" - Fresh not Stale Bills
- PROFS Case Update - Closer to Resolution
- Upcoming Events
- Quote of the Day
- What YOU Can Do
- Administrivia
-
- * See http://www.eff.org/Alerts/ or ftp.eff.org, /pub/Alerts/ for more
- information on current EFF activities and online activism alerts! *
-
- ----------------------------------------------------------------------
-
-
- Subject: EFF Open Letter to US Net Users on Comm. Decency Act Compliance
- ------------------------------------------------------------------------
-
- Feb. 12, 1996
-
- The Electronic Frontier Foundation
- 1550 Bryant St., Suite 725
- San Francisco CA 94103 USA
- +1 415 436 9333 (voice)
- +1 415 436 9993 (fax)
- Internet: ask@eff.org
-
-
- Dear U.S. members of the Internet community:
-
- Now that the Communications Decency Act (CDA) has been signed into law, many
- decision makers in business, academic, and other organizations are writing
- EFF to inquire whether and how to bring their systems into compliance with
- the new statute. We have received a deluge of inquiries about assessing the
- risks of non-compliance, and of simply maintaining the status quo and
- operating as usual.
-
- We believe, as do many members of Congress, that this law is patently
- unconstitutional. The new statute violates the First Amendment by being both
- overbroad and vague. This makes it exceedingly difficult for us to advise
- you in a reliable way about what you can do to avoid risks (other than the
- unacceptable choice of having to shut down altogether).
-
- During the time between filing our Feb. 8th court challenge against the CDA,
- and either a preliminary injunction against enforcement or a final ruling in
- the case, we have only two suggestions which we feel we can responsibly make
- to you.
-
- First, if you operate a general purpose system, our advice is to please be
- patient and do not overreact to the current cries for censorship. It is
- precisely because the CDA language is difficult to understand and apply,
- that we cannot advise you yet what the proper procedures are. No one can,
- and that is why the CDA will ultimately fail. Freedom of speech in the
- electronic world is fragile --don't risk damaging it before it's clear that
- you have to.
-
- Second, if the fundamental focus of your business is distributing sexually
- explicit materials, we suggest you implement a procedure to screen out
- minors. Provisions in existing US law suggest that acceptable ways to
- screen out minors are:
-
- * to require credit card numbers to gain access; or
-
- * to use a password system and verification of user identity and
- age; and
-
- * to have procedures in place which allow immediate removal of a
- user if s/he is discovered to be a minor.
-
- If you are contacted by a government authority in regard to a possible
- violation of the new law, please notify us immediately. This way we can
- work to address the legal issues of your specific situation and we can
- keep track of how law enforcement agencies are interpreting the CDA, and
- share this information with others who are trying to understand and evaluate
- this law. And, with this information, we may be able to provide better
- guidance in the future.
-
- Again, we believe that the restrictions that have been included in the
- legislation will be struck down in court. We have sought a temporary
- restraining order (TRO), and plan to follow it with a request for a
- preliminary injunction, to prevent enforcement until the court renders a
- final judgment in this case. A judge is expected to hear on our request for
- a TRO within a week.
-
- In the meantime, while your are evaluating how to best manage risks, we urge
- that you do not make any decisions based on hasty reasoning or fear of
- liability. EFF is here to help you proceed in a reasonable and cautious
- manner that emphasizes preserving the integrity of your service as well as
- the First Amendment.
-
-
- Sincerely,
-
-
- Lori K. Fena
- Executive Director
- Electronic Frontier Foundation
-
- ------------------------------
-
-
- Subject: ALERTS: Blue Ribbon Campaign and "24 Hours in Democracy"
- -----------------------------------------------------------------
-
- * Blue Ribbon Campaign
-
- [If this alert is redistributed separately, please leave this notice
- attached: For more information, contact mech@eff.org. Released Feb. 12,
- 1996, do not redistribute after Mar. 1, 1996 - instead see
- http://www.eff.org/blueribbon.html for updated information.]
-
- The Electronic Frontier Foundation (EFF), decries the forfeiture of free
- speech prescribed by the sweeping censorship provisions of the
- telecommunications "reform" legislation, and similar regulatory attempts
- at the US state, and non-US national, levels.
-
- EFF is launching a campaign using a blue ribbon as a symbol to visually
- communicate support for free speech in the electronic world. The blue
- ribbon is the longer-term outgrowth of the blackened page protest, in
- which thousands of WWW authors turned their web pages black for two days
- after the Comm. "Decency" Act was signed into law. That protest
- attracted a lot of much needed attention, but it is not enough!
-
- As a provider of content on the Internet we invite you to join in this new
- awareness campaign by displaying a link to a "Blue Ribbon" page (such as
- the one at our site, and several others) with updates on what is
- happening in the efforts to restrict - and preserve - free speech online.
-
- WWW page icons, sample HTML anchors and information on the progress of the
- campaign are all available from:
-
- http://www.eff.org/blueribbon.html
-
- This page links to updates on the legal challenges to the CDA, alerts
- regarding other censorship attempts, even information for skeptics who
- have been misled into believing the CDA is good legislation.
-
-
- As our servers are somewhat overloaded, please feel free to use one of
- the following alternate sites:
-
- http://eff.apk.net/blueribbon.html
- http://mirrors.yahoo.com/eff/blueribbon.html
- http://www.currents.net/blueribbon.html
- http://www.teleport.com/~richieb/blueribbon/
- http://www.hotwired.com/special/indecent/
- http://www.hotwired.com/userland/theblueribbon_489.html
- http://www.nuvo.net/darkness/
- http://www.surfwatch.com/surfwatch/censorship.html
- http://www.planet.net:80/emperor/free.html
- http://www.umsl.edu/~muns/blueribbon/1.htm
-
- We are also seeking mirror sites who can run the Apache WWW server (or
- another that will allow remote sites to use our domain name) to help absorb
- some of the load on our system by serving local copies of the relevant
- material as additional "www.eff.org" servers. If you can help with this,
- please contact brown@eff.org
-
- BBS-using readers may wish to post (or encourage their sysops to post)
- ANSI and ASCII ribbons and frequently updated info on their systems.
-
- When offline, try wearing a real blue ribbon on your shirt or jacket.
-
- Don't wait in silence. Please join the fight for free speech, press and
- association online!
-
-
- * 24 Hours in Democracy [From dwiner@well.com]
-
-
- [NOTE: This project is in need of volunteers to help coordinate things,
- and in particular needs server resources. See
- http://www.hotwired.com/staff/userland/24/sponsorshipopportunities.html
- for more info. The original Feb. 14 date has been moved back to Feb. 22.
- - mech@eff.org]
-
-
- *** The net has been redefined ***
-
- On February 8, 1996 cyberspace was redefined by the US Government.
-
- If you doubt me, visit <http://www.whitehouse.gov/>. Click on the
- calendar icon next to What's New. Check out their coverage of the Telecom
- Act, and their celebration of 24 Hours in Cyberspace. I think this trip
- should be required reading for every freedom-loving webmaster, webwriter
- and web user.
-
- The first huge blast of cyberpsace puffery and a historic rejection of
- the US Constitution, on the same day.
-
- A coincidence? An accident of history? Hmmmm.
-
- If we want real change, now is the time to make an investment in
- democracy on the Internet.
-
- Every voice can be heard. Our ideas speak for us. We can persuade,
- cajole, taunt, seduce, use logic, examine all aspects of a problem, learn,
- be angry, be scared, and then find the most eloquent statement, the one
- that resonates deepest within all of us.
-
- And then we march.
-
-
- *** It's our turn ***
-
- Here's my proposal.
-
- Wednesday.
-
- Start time: 12:01AM, Pacific Time, February 22, 1996.
-
- End time: 11:59PM, Pacific Time, February 22, 1996.
-
- 24 Hours of Democracy.
-
- They defined cyberspace.
-
- We define democracy.
-
-
- *** Write an essay ***
-
- What does freedom mean to you?
-
- What does democracy mean to you?
-
- What are your hopes and dreams for the Internet?
-
- Have you ever experienced grace or nobility on the net?
-
- Do you have children? Are you a child? What do you think?
-
- How does the Internet help make things right?
-
- Be angry! That's cool. And be respectful. It's Valentine's Day!
-
- Write a love letter to the Internet.
-
-
- *** How it works ***
-
- Spend a couple of days writing your essay.
-
- Talk about it with your friends. Share ideas. Listen.
-
- When you're ready, post your essay to the web. If you don't have a
- website, check out the Sponsors page at the 24 Hours website. I'm
- enlisting the help of service providers. We may have an easy way for people
- who don't have sites to get their essays posted to the web.
-
- Shortly after the start time I'll mail a DaveNet piece telling you where
- to send the URL for your page.
-
- The styling of the page is entirely up to you. There's a Template page
- n the 24 Hours site, the URL is at the bottom of this email. I suggest
- using a white background for easy reading, and to contrast the black
- backgrounds of last week. Use animated GIFs. RealAudio. Java applets.
- Shockwave parts. JavaScript banners. Near the bottom of the page, put
- some keywords about yourself, where you are geographically, your email
- address. Web crawlers will be able to extract this information and index
- it. Follow the example in the template if possible.
-
- At the top of your page, create three links, Next, Prev and Index.
- After the 24 Hours database is compiled, a few days after the end time,
- we'll send you a mail message containing the addresses to fill into each
- of these pointers. Next and Prev will point to essays written by other 24
- Hours participants. The Index link will point to a home page for the
- whole project.
-
- Essays will not be judged or reviewed. You own your own words, and are
- responsible for what you write.
-
- *** Who can help ***
-
- Moms & Dads: Ask your kids how they feel about the Internet. Have they
- made new friends? What have they learned? Did the Internet ever scare them?
- Make some quiet time. Listen.
-
- Teachers: This would make a great homework assignment for your students.
-
- Webmasters: You have to seduce people into caring about this stuff.
- Convey your excitement to people you work with. It's not just about
- pornography, it's about freedom. Point them to "Netscape"'s home page.
- Ask them to read your essay. Create a page of pointers to their essays.
-
- Computer users: Be a visionary! What kind of software would you like to
- see coming from the software industry over the next few years?
-
- Graphic artists: We need colorful schemes, a simple message, low
- bandwidth art with commercial appeal.
-
- Celebrities, political leaders: Do you have something to say?
-
- Editorial organizations: Can you review essays and choose the most
- compelling ones or the most interesting ones?
-
- Online companies: We need mail, web and database servers; search
- engines. Can you make it easier for your users to get a single page up on
- your server? Can you assist them in registering their pages on Wednesday?
- Can you give them a discount, or provide free storage for their essays?
- Bandwidth, support and free service to participants is what counts.
-
- Everyone: Have fun! That's what this is about. Be creative. As soon as
- it stops being fun we stop growing, and that's the end. Be positive!
-
- *** Only a week left ***
-
- That's about it.
-
- I've committed the next few weeks to making this happen.
-
- I want to work with people, where possible, but by design it's a very
- distributed Internet sort of thing.
-
- I plan to write my own 24 Hours essay, and have lots of ideas for the
- sponsors.
-
- Let's have fun!
-
- Dave Winer
-
- PS: People have said there's not enough time. I think there is. I've
- been getting lots of long emails from people in response to the DaveNet
- pieces I've been running. We'll get something done on 2/22/96 and then if
- it works, we'll do it again in a few weeks.
-
- PPS: Please watch <http://www.hotwired.com/userland/24/> for project
- and sponsorship news and other information.
-
- PPPS: Remember, if you want to participate in the legal system, it's
- *very* important that if you're old enough, that you vote. Think about
- who you can support. 1996 is an election year in the US. Be part of the
- system. If you're a voter, please vote!
-
- PPPPS: Please pass this essay on! The 24 Hours project is worldwide.
- It's open to everyone, of all nationalities.
-
- It's your turn to speak: <http://www.hotwired.com/userland/24/>
-
- ------------------------------
-
-
- Subject: The CDA: Has It Fallen? Can It Get Up?
- -----------------------------------------------
-
- [Redistribute at will.]
-
-
- In the days after the passage of the unconstitutional "Communications
- Decency Act" as part of the Telecom bill, the CDA appears to be toppling
- just as it should have begun to ride high in the saddle of fundamentalist
- "victory" (though the battles are hardly over yet.)
-
- The entire Congress passed this bill (some Members knowing it was
- unconstititonal, and some on the other extreme not even knowing the CDA
- existed), with the exception of the following legislators who voted
- against the whole Telecom Bill:
-
-
- Representatives
-
- Earl Hilliard (D-AL), Pete Stark (D-CA), Pat Schroeder (D-CO), Neil
- Abercrombie (D-HI), Lane Evans (D-IL), Sidney Yates (D-IL), Barney Frank
- (D-MA), John Conyers (D-MI), Collin Peterson (D-MN), Harold Volkmer (D-MO),
- Pat Williams (D-MT), Maurice Hinchey (D-NY), Jerrold Nadler (D-NY), Peter
- DeFazio (D-OR), Timothy Johnson (D-SD), Bernard Sanders (independent-VT)
-
-
- Senators
-
- Dianne Feinstein (D-CA), Patrick Leahy (D-VT), Paul Simon (D-IL), Paul
- Wellstone (D-MN), Russ Feingold (D-WI), and John McCain (R-AZ).
-
- (Plus a handful that did not vote.) In all, only a singe Republican, out
- of both Houses of Congress, voted to preserve American freedom of
- expression.[*]
-
- The President proclaimed, in the first State of the Union Address to
- mention the Internet, "When parents control what their children see,
- that's not censorship. That's enabling parents to assume more
- responsibility for their children. And I urge them to do it". Clinton
- then, in a signing party timed to coincide with the press attention given
- to the "24 Hours In Cyberspace" multimedia event, enacted a law that
- strips parents of the right and responsibility to decide what is
- appropriate for their own children. The CDA would not only fail to help
- "parents control what their children see" - a goal long supported by
- EFF, ACLU, VTW, CDT and others opposed to the "decency" bill - but actually
- hinder the development of tools and services to help parents and
- teachers filter children's Net access.
-
-
- * Backlash
-
- It is ironic that it took passage of this law to garner the public and
- media attention it warrants.
-
- For 48 hours after President Clinton's signing of the CDA into law,
- thousands of Web users and BBS sysops world wide took part in a "Thousand
- Points of Darkness" protest of the new censorship law by turning their Web
- page and login screen backgrounds to black, to mourn the death of the
- Internet as we know it. Some, including online magazines such as
- Factsheet Five Electric and Scamizdat, blanked out their entire online
- offerings, replacing everything that had been available with a
- single sentence: "This is what censorship looks like".
-
- The protest garnered major news coverage of the Net censorship debate for
- the first time. Finally the debate has shifted from false "save the
- children" hype to the real issue: free speech, press and association
- rights in new media. The "facts", figures and motives of the
- lobbyists and lawmakers behind the CDA are at last being more widely
- examined.
-
- The "black page" protest is being followed up with a long term
- awareness-raising and protest effort, in which particants, already
- numbering in the tens of thousands, wear blue ribbons, and place
- graphics of blue ribbons on their online services and homepages.
- Participants range from individual users, to online journalism
- sites like HotWired, to major centers of Internet connectivity like
- Netcom and Yahoo!, among others.
-
- As with Germany and France, where attempted censorship of online
- information has backfired, leading to proscribed data's immediate
- global availabilty from numerous anti-censorship "mirror sites", the U.S.
- government may have to learn the hard way. The online community is
- determined to knock the lesson into regulators' heads. To cater to
- censored U.S. users, "offshore" anonymous Internet access providers are
- popping up, such as Offshore Information Services Ltd -
- http://online.offshore.com.ai/ - offering $50/month privacy-protected
- accounts from tax-haven island Anguilla.
-
- In case that were not enough, an ad-hoc programmer coalition, the Decense
- Project - at http://www.clark.net/pub/rjc/decense.html - has produced an
- "de-censoring" solution, which like that of the Anguilla ISP, also provides
- privacy protection as a bonus: Decense, "a cgi script designed to
- provide a double-blind pseudonym scheme which allows a site to hide
- behind a chain of http servers which 'proxy' for it. Neither the user [ID]
- requesting the document, nor the ultimate address of the destination web
- site is immediately available to prying government eyes."
-
-
- * Action in Court and Congress
-
- The action has spread offline as well. There has already been an public
- protest rally in Washington DC on Feb. 10, and there are others in the
- works. The University of Pennsylvania at Philadelphia will see a
- demonstration just before a scheduled speech by VP Gore. A DC "Electronic
- Freedom March" is gearing up, and even high school students are donning
- blue ribbons and demonstrating against reactive academic censorship
-
-
- Most importantly, the new law itself is under concerted attack in
- the courts and on the Hill.
-
- EFF, with ACLU and 24 other organizations, have filed a federal lawsuit
- against the Department of Justice (DoJ), in the Phildelphia court of Judge
- Ronald Buckwalter, challenging the CDA on constitutional grounds. As of
- Feb. 13, Judge Buckwalter has not only commended the plaintiffs on a well-
- written lawsuit, but has put the case on the fast track, demanding a DoJ
- response by Wed. Feb. 14. The Judge further indicated that he will
- likely grant plaintiffs' motion for a temporary restraining order (TRO),
- by Thu., Feb. 15 at the latest, without further hearings.
- The TRO would prevent enforcement of the CDA pending a hearing before and
- decision from a panel of three judges, on a motion for a longer-term
- preliminary injunction that would prevent all enforcment of the
- "decency" provisions until the real meat of the case is settled -
- whether the CDA stands up to constitutional challenges. The hearing on
- the long-term injunction should take place within the next few weeks. And
- the balance of the legal "tests" the CDA must face are very much in plaintiffs'
- favor.
-
- Though the DoJ has agreed to make no arrests under the new statutes between
- now and the probable issuance of a TRO this week, content and access
- providers should be warned that the FBI and other Justice Dept. agents
- may later decide to prosecute for CDA violations committed during this
- time, if they eventually win the case - a possibility everyone should be
- concerned about. And plaintiffs' attorneys warn that even the little
- assurance provided by DoJ for now is rather meaningless since it has not
- been put in writing.
-
- The Justice Dept. and the Christian Coalition are expected to present, as
- evidence supporting the CDA, the most vulgar content they can possibly find
- online - though this tactic could backfire. After all, the CDA does not
- address pornography (obscenity) at all, since it is already illegal
- online or offline, but rather targets indecency, a broader category
- including nudity in almost any context, or "indecent" words like those
- found in any PG-rated movie.
-
- In the mean time, the Telecom bill has been delivered a one-two-punch by
- some of the legislators that voted against it the first time around.
- Sen. Patrick Leahy (D-VT), like Rep. Jerrold Nadler (D-NY), was a
- high-profile participant in the WWW Blackout protest, and has, with
- Sen. Russ Feingold, introduced a new bill (S.1567) to repeal most of the
- CDA. This legislation will likely need to be re-examined and modified to
- make sure it actually succeeds in the goal of removing the threat posed
- by the Communications Decency Act.
-
-
- * Women's Groups and Others Join the Battle
-
- Rep. Pat Schroeder (D-CO) is attacking another dangerous provision of
- the Telecom Bill - an amendment outlawing the online distribution of
- certain kinds of abortion-related information. The amendment in question
- was slipped into the leviathan telecommuncations "deregulation" package
- by Rep. Henry Hyde (R-IL), who also shepherded the final version of the CDA.
-
- Schroeder announced that she will introduce a bill, when Congress
- re-convenes on Feb. 26, to repeal this less well-known Telecom Bill
- assault on free expression. (It should be noted that although Rep.
- Shroeder voted against the Telecom bill in the final vote, she can be
- partially blamed for the existence of the CDA in that bill - she voted
- "yes" on it in committee deliberations, along with a majority of her
- colleagues.)
-
- The "abortion gag rule" in the Telecom bill is also being slammed in
- in another lawsuit, Sanger v. Reno, filed in New York by the Center for
- Reproductive Law and Policy, and many other plaintiffs. In this case,
- U.S. Attorney Zachary Carter has (according to ACLU releases) admitted
- the unconstitutionality of the CDA, and also agreed to hold off enforcing
- it for a while. East District of New York Chief Judge Charles P. Sifton has
- asked Chief Judge Jon O. Newman of the U.S. Court of Appeals for the 2nd
- Circuit to convene another 3-judge panel to decide this case.
-
- Sifton has not granted a TRO or injuction. The Judge appears to find the
- DoJ's assurances sufficient evidence that this particular provision will
- not be enforced or chill free speech. His decision may also rely on the
- fact that the section of the ancient Comstock censorship law modified
- by the Telecom Bill to ban abortion info online, has not been enforced in
- many years. However, no court has yet to rule the Comstock Act
- unconstitutional, leaving some people worried for the short term, even if
- they expect an eventual favorable decision from the 3-judge appellate court.
- Content providers and internet users, as well as women's groups, are also
- not pariticularly comforted by the platitudes of supporters of the
- abortion info ban, who have disingenously claimed they simply want to
- update the Comstock law for consistency reasons and to show support for
- "Christian" ideals, but don't expect anyone to actually be censored
- under the new revisions.
-
- Plaintiffs' attorney Simon Heller said, "We are extremely pleased that the
- Clinton Administration has recognized the invalidity of this law.
- However, we believe a court ruling against the provision barring receipt
- or provision of abortion information is still necessary to prevent a
- future administration or radical right-wing members of Congress from
- wielding it against women's health care providers and advocates."
-
-
- * Shifting Lines
-
- It is clear that the Internet and computer industries do not support the
- Communications Decency Act, though most organizations in these fields did
- not act, other than to support EFF and other advocacy groups, until too
- late. It has shocked the commercial world as well as the general public
- that Congress would actually pass a bill so terrible. The industry is,
- however, increasinly participating in protest, and legal, action against
- the CDA, realizing that such important decisions as what we each should
- read or avoid cannot be left up to government. Even the usually
- Beltway-shy Microsoft is taking a stand; in an AP interview, the company's
- leader, Bill Gates, said of the Internet regulation attempt, "Unfortunately,
- it means we're going to have to spend some time in Washington, DC. In
- the first 15 years of Microsoft history, we never visited Washington."
-
- And content producers of all sorts are expressing concern, even outrage,
- from upstart multimedia giants, to major print publishers, all of
- whom now find not only their free press rights but also their livelihoods
- threatened. As journalism organizations have flocked to the pro-speech
- side, only one news association, to our knowledge, has offered anything
- but derision for the CDA. (Newspaper Association of America President
- John Sturm expressed support for the telecom bill as a whole, citing only
- disappointment at the censorship, and support of the "motives of the
- conferees to protect children from obscene and indecent material". One
- wonders how closely Mr. Sturm has questioned those motives.)
-
- It is clear that the fundamentalist organizations and legislators behind
- the CDA have neither an understanding of the medium and issue, nor any
- particular desire to inform the public or the media. The Family Research
- Council - http://www.frc.org - disinformed readers by quoting and
- explaining in their newsletter the obscenity restrictions from an older
- draft of the bill (which they helped replace with an unconstitutional
- "indecency" version) in an attempt to imply that the FRC and their
- favorite bill would prohibit online distribution of obscenity.
-
- Religious right spokespersons, as well as CDA sponsors like Exon
- and Hyde, repeatedly tell the press and tv news programs that they are
- trying to "protect children from pornography" as if somehow unaware that
- their bill actually makes it more difficult to prevent children from
- being exposed to inappropriate materials, by removing all incentive to
- continue developing services and software which genuinely perform this
- needed function.
-
- But perhaps even the moralists are having second thoughts (or trying to
- save face): Confronted with World Wide Web co-creator Tim Berners-Lee's
- free Net filtration software, Christian Coalition spokersperson
- Heidi Strup conceded that the program "definitely would be a useful tool
- for us." One must wonder how and why the CC and its allies failed to
- realize this 6 months ago.
-
- More education and outreach is clearly needed, so that legislators do not
- fear the net, so that lobbyist groups do not push for unneeded and
- hazardous legislation, and most importantly so that the general public
- have a better understanding of their free speech rights and recognize the
- early warning signs of censorship threats.
-
-
- On the other side of the issue, organizations like Voters' Telecom Watch
- (http://www.vtw.org), with help from local activists (see, for example
- the "Tennessee Hit List" of bad legislators at
- http://www.people.memphis.edu/~mddallara/hitlist.html)
- vow to bring the Net constituency into its own in upcoming elections.
- They are gearing up to vote out legislators and other officials at all
- levels who betray the trust of their voters by pushing for censorship.
- The online voting bloc will have a number of people to remove from
- office, it seems, given Congresspersons like Rep. Thomas Bliley (R-VA),
- chair of the House Telecom Committee, who seems to consider the CDA's
- assault on the Constitution an inconsequential matter to be fixed by
- "technical corrections" to the bill later in the year. And what about
- Vice-President Al Gore? For all his "Information Superhighway" hype,
- Gore stronly supported passage of the legislation, since, after all, the
- courts can take care of the unconstitutional stuff. Sen. Carl Levin
- (D-MI) echoed both sentiments, at an "ask the politicians" event in
- Kalamazoo, MI, claiming that the CDA was only "one small page in a very
- large bill", and stating that he knew it was unconstitutional and (you
- won't believe this) that it is "always necessary to test the
- Constitutionality of some legislation", ergo no service providers would
- get hurt! Perhaps Sen. Levin considers this a game, but online voters
- may just cure him of that notion come election day. And let's not
- forget legislators from Connecticut and other states, who did not even
- know the CDA was in the Telecom Bill - they passed it without reading
- the bill at all, much less understanding it's impact.
-
-
- * Civil Disobedience (and Decidedly Uncivil Obedience)
-
- At present EFF cannot advise what to do and not do under the CDA.
- No one can. The law is too vague and overbroad to be applied meaningfully.
-
- Some sites are already closing, with more providers broadly self-censoring
- their content. The moderator of an amateur radio discussion group
- closed the forum down, saying only, "I have closed my mailing lists to
- minors, not in protest but for my own protection. Since I enforce rules
- of conduct for the lists, I think I'm too close to being part of content
- creation to be safe should one of the subscribers post a 4-letter
- word." If the judges in the cases challenging the CDA need any evidence
- of the chilling effect of this legislation, this should be all they need.
-
- Other content providers, including many who had never thought of posting
- "offensive" materials at all, are engaging is widespread civil
- disobedience, deliberately violating the new Act. A particularly
- creative example can be found at http://coolheart.infi.net/exon/index.html
- - you can send a Valentine'd Day card to Sen. Exon, reading "In honor of
- Valentine's Day, I thought I would send you an example of some of the
- nudity I've found on the Internet - Enjoy", and including your choice of
- several classic works of art, including Michelangelo's "David" and
- Boticelli's "Birth of Venus".
-
- Yet more are being "uncivilly obedient", complying - barely - by
- ROT13-encrypting "dirty words", putting "CENSORED!" banners all over
- their web pages, replacing scatological terms with legislators'
- surnames, and other actions of visible obedience-under-duress.
-
- Still, helpful as these actions may - or may not - prove to be, some
- protest activities are decidedly unhelpful. "Spamming" Senate and House
- email addresses, particularly with indecent material is self-defeating.
- Please remember that this legislation passed because legislators by and
- large were too ignorant of the medium to recognize that the Net is not
- really a den of pornographers and terrorists. Irresponsible and
- overtly threatening gestures - especially threat letters or dirty
- stories - will only prove to legislators' minds that they were right after
- all.
-
- Lastly, please keep in mind that obvious civil disobedience can be
- dangerous, particularly as "Oklahomans for Children and Families" and
- other local fundamentalist groups are on the prowl, vowing to report to
- police any CDA violations they find. The current hold on enforcement of
- these laws by the Justice Dept. does not even mean you can't be prosecuted
- for violations occuring now (assuming the court cases fail, which is
- probably not a good assumption, fortunately), only that you won't be
- prosecuted right now.
-
-
- Stanton McCandlish,
- Online Activist & Webmaster
- Electronic Frontier Foundation
- San Francisco - Feb. 13, 1995
-
-
- [* I observe that only one Republican voted against the CDA because it
- is a fact. This does not constitute an endorsement of the Democractic
- Party or any other kind of endorsement on my or EFF's part.]
-
- ------------------------------
-
-
- Subject: EFF Statement on CDA Impact, Substance and Process
- -----------------------------------------------------------
-
- YOUR CONSTITUTIONAL RIGHTS HAVE BEEN SACRIFICED FOR POLITICAL EXPEDIENCY:
- EFF Statement on 1996 Telecommunications Regulation Bill
-
-
- Feb. 1, 1996 Electronic Frontier Foundation
- Contacts:
-
- Lori Fena, Exec. Dir.
- 415/436-9333 * lori@eff.org
-
- Mike Godwin, Staff Counsel
- 510/548-3290 * mnemonic@eff.org
-
- Shari Steele, Staff Counsel
- 301/375-8856 * ssteele@eff.org
-
- --------------------------------------------------------------------------
-
- The Electronic Frontier Foundation (EFF), decries the forfeiture of free
- speech prescribed by the sweeping censorship provisions of the
- telecommunications "reform" legislation passed overwhelmingly by the
- House and Senate Feb. 1, 1996, almost immediately after being reported
- out of committee, before the public was able to read, much less comment
- upon this bill.
-
- Congress demonstrates once more their willingness to abandon their most
- sacred responsibilities - the protection of the US Constitution and
- Bill of Rights - in order to expedite legislation that sacrifices
- individual, family and community rights in its rush to win the support
- of telecom industry giants as well as the religious right, during an
- election year.
-
- The consolation offered by our elected officials to those concerned about
- abridging free speech, is that there is a high probability that the
- censorship provisions in this bill would not stand up to court challenges
- based on constitutional grounds.
-
- Consider this a wake-up call. Our elected officials have spoken, and
- with the passage of the most sweeping US telecommunications legislation
- in over 60 years, our Constitutional rights in the new medium
- of computer networking have been usurped. As the 21st century draws near,
- our elected representatives have chosen to take us back to the close of
- the 19th.
-
- EFF is dismayed by the process and substance of this legislation, as
- well as by the immediate and far-reaching negative impact it will have on
- individuals, society and commerce.
-
-
- Impact
- ------
-
- This latest version of the "Communication Decency Act", originally proposed
- by Sen. James Exon (D-NB), contains a deadly combination of a vague and
- overly broad definition of what speech is unacceptable online, criminal
- prosecution, and large monetary fines, which will set off a tidal wave of
- censorship to avoid real and perceived liability.
-
- Although the bill provides for some protection for service providers, this
- shelter only exists if the provider takes an active role in censoring
- public and private messages. We have already felt the industry foreshocks
- when AOL and CompuServe responded to recent government censorship
- requests. The censorship wave will begin with the largest online
- services, and flow rapidly through the whole U.S. community of service
- and content providers.
-
- The result will be a crippling of free society and commerce in the U.S., and
- damage to the global Internet.
-
- Individual participants in this medium stand to lose the freedom that has
- characterized the Internet since its beginning.
-
- Providers of online content, such as authors of World Wide Web documents,
- or hosts of AOL forums, will find themselves forced to "dumb down" all
- information and entertainment that they provide into little more than a
- cleansed, thin collection of "G-rated" material suitable for children.
- If the Internet is one vast, global library of information, this
- legislation will have reduced the public spaces of the Net to the
- "children's room" of that library.
-
- System operators and access providers will divert resources to censorship
- mechanisms and programs to avoid exposure to felony-level criminal liability
- for the actions and posts of users over whom they can exercise no control.
-
- New multi-billion dollar industries currently based in the U.S., such as
- Internet service, online publishing, and digital commerce, face
- economic uncertainty just as they begin to hit their stride, as investors,
- stockholders, and customers evaluate the negative impact of censorship on
- the value of their product and their company.
-
- The telecom bill unwisely encourages states to follow suit, defining and
- legislating online censorship and liability their own ways. These
- aftershocks, already working their way through state legislatures all
- over the country, will subject individuals and companies to legal mayhem
- as they run into contradictory local regulations enforced from afar against
- providers and users in other jurisdictions.
-
- The long-term effects could reach other media as well. As traditional
- content providers such as publishers, newspapers, television shows and
- talk radio, increasingly merge with online communications, it will
- become prohibitively expensive to produce two versions of the content,
- one for the Net, and one for everywhere else - a single, censored, version
- for all formats would be produced, chilling expression in print and
- other currently freer media.
-
-
- Process
- -------
-
- A quick review of the political process which produced this bill
- demonstrates how bad legislation occurs when the content of a bill is kept
- from public scrutiny, allowing only staffers and lobbyists to participate.
-
- * There have been no public hearings on this legislation. Neither the
- CDA, nor the larger Telecom Bill have been presented openly to the
- public. As a result, Congress has neither heard expert testimony about the
- medium and industry, nor allowed constituents to review and comment on what
- their "representatives" are doing.
-
- * No conference committee report or final bill text was made available for
- review, except to committee staffers and innermost lobbyists until after
- passage. Despite repeated promises from House Speaker Newt Gingrich,
- Congress has failed to provide online public access to committee reports
- and "live" bills.
-
- * Congresspersons voted for passage of this regulation without even having
- time to read, much less consider the impact of, the bill - less than
- one day after it is voted out of conference.
-
- * The sponsors of the bill and its fundamentalist supporters have, with no
- public participation or oversight, thrown away more rational proposals,
- including the Cox/Wyden bill, which would have actually helped parents
- and teachers control the online access of their children and students.
-
- * The fundamentalist lobby and the CDA sponsors have "spun" this legislation
- as "protecting children from pornography", when in fact it does not address
- pornography at all, and actually removes the incentives to develop improved
- filtering and labelling services. EFF continues to support empowering
- parents and the education community with tools and services that
- ensure children only have access to appropriate material online. Support
- for free speech does not equate to support for pornography (obscenity),
- harassment, or the sexual abuse of children, which are already illegal,
- online or offline. Even the Justice Department itself has stated -
- and demonstrated - that it already has all the authority it needs to
- enforce these laws.
-
- EFF, along with Taxpayer Assets Project and several other public interest
- organizations, have repeatedly asked that current Congressional information
- be immediately provided to the public, not just to lobbyists, and that
- that the Telecom Bill be put on hold, pending full public participation
- in this debate. Voters may wish to express to Congress how they feel
- about being denied the right to read or have a say in legislation
- that threatens their freedom of expression.
-
-
- Substance
- ---------
-
- A brief summary of the problems inherent in the Telecom Bill's censorship
- provisions illuminates the magnitude of the issues. The CDA would:
-
- * subject all online content to the interpretation of ill-defined
- "indecency" law;
-
- * irrationally equate Internet communications with radio and TV broadcasting,
- and unconstitutionally impose on computer networks indecency restrictions
- that are more severe than those applied to any other medium;
-
- * actively hinder the on-going development and refinement of real
- solutions to problems such as online harassment and parents' needs to
- supervise their own children's online access;
-
- * in all probability will establish broad FCC regulation of the Internet,
- with all of the attendant problems that will entail;
-
- * create a new "access crime", equating the posting of material on a web
- site, or even the provision of basic Internet access, with willful
- transmission of indecent material directly to minors - harming the online
- service industry, and retarding the development of the electronic press;
-
- * afford no effective legal protection for system operators, creating a
- speech-chilling liability no more sensible than holding librarians and
- postmasters responsible for the content on bookshelves and in parcels.
-
- * weaken the privacy of all Internet users by turning system operators
- into snoops and censors.
-
- * would criminalize even classic works of literature and art, or medical
- and educational materials on breast cancer or sexually transmitted
- disease. Obscenity law, not the indencency law used in the Telecom Bill,
- considers literary, artistic or scientific value. Indecency law makes
- no such exceptions.
-
- Many reasonable adults might be surprised to find that the Telecom Bill's
- indecency restrictions could ban:
-
- * the online distribution of the King James Bible, which quite prominently
- features the word "piss" (in II Kings) - a word already specifically
- defined by the Supreme Court to be indecent;
-
- * the text (or video, for that matter) of a PG movie that any child may
- attend without parental supervision, not to mention the R-rated content
- available on any of a number of cable TV stations;
-
- * a _Schindler's_List_ WWW site, which could earn an Internet service
- provider prison time;
-
- * anything featuring nudity, in any context, including breast cancer
- information or photos of Michelangelo's Sistine Chapel paintings, which
- could result in the poster have to pay hundreds of thousands of dollars
- in fines, if the material happened to seem "patently offensive" to an
- excitable prosecutor.
-
- This is the grim reality of censorship through indecency regulation: It
- makes no allowances for artistic merit, social value, or medical necessity.
- It is without reason, and without conscience.
-
-
- Court Challenge
- ---------------
-
- Fortunately, there is a very good chance that the courts will refuse
- outright to uphold the Communications Decency provisions of the Telecom
- Bill. EFF, along with other civil-liberties groups, will be mounting a
- legal challenge to the bill's censorship provisions, on First Amendment and
- other Constitutional grounds. Among the bases for challenging the act:
-
- * Unconstitutional expansion of federal authority. It is inappropriate
- for the Federal Communications Commission or any other federal agency to
- dictate standards for content in a medium where there is no independent
- Constitutional justification for federal regulation, as there has been in
- the broadcast arena and in certain narrow areas of basic telephone
- service. Like newspapers and bookstores, the Internet is fully protected
- by the First Amendment.
-
- * Vagueness and overbreadth. The terms the act relies on -- "indecency"
- and "patently offensive" -- have never been positively defined by the
- courts or the Congress, and so create uncertainty as to the scope of the
- restriction, necessarily resulting in a "chilling effect" on protected
- speech. Moreover, these terms criminalize broad classes of speech that are
- understood to be protected by the First Amendment, including material that
- has serious literary, artistic, political, or scientific value.
-
- * Failure to use the "least restrictive means" to regulate speech. The
- First Amendment requires that speech regulation laws must pass the "least
- restrictive means" test. That is, if government censorship is not
- the least restrictive possible means of ensuring the goal (protecting
- an unwitting or under-age audience from unsolicited indecency), then
- the restriction is unconstitutional. In the case of the Internet,
- government control is demonstrably not the least restrictive means,
- as filtration, ratings, and labeling technology and services are already
- available and operational - from software tools to help parents shield
- their children from inappropriate material, to special filtered
- Usenet service for entire schools, in which all information has been
- checked for indecent content.
-
- An indecency restriction must pass all of these tests to be constitutional.
- The Communications Decency Amendment fails every one of them.
-
- EFF, together with a wide range of civil-liberties groups and
- organizations that would be affected by the legislation, has already
- joined preparations for a massive legal challenge to the CDA should
- it pass - an effort that should enjoin enforcement of this legislation,
- and, we hope, prevent the darker scenarios outlined above. The entire
- process will be very costly in time, human resources and money, but is
- necessary to protect what remains of our rights to free speech, press, and
- association.
-
-
- Launching of the Blue Ribbon Campaign
- -------------------------------------
-
- A blue ribbon is chosen as the symbol for the preservation of basic civil
- rights in the electronic world.
-
- EFF asks that a blue ribbon be worn or displayed to show support for the
- essential human right of free speech. This fundamental building block of
- free society, affirmed by the U.S. Bill of Rights in 1791, and by the U.N.
- Declaration of Human Rights in 1948, has been sacrificed in the 1996 Telecom
- Bill.
-
- The blue ribbon will be a way to raise awareness of these issues, and for
- the quiet voice of reason to be heard.
-
- The voice of reason knows that free speech doesn't equate to abuse of
- women and children, or the breeding of hatred or intolerance.
-
- **************
-
- For more information on the Blue Ribbon Campaign, including blue ribbon
- graphics we encourage Net users to prominently display on their WWW pages
- with links to the URL below, please see:
-
- http://www.eff.org/blueribbon.html
- gopher.eff.org, 1/Activism/BlueRibbon
- ftp.eff.org, /pub/Activism/BlueRibbon/
-
-
- For more information on the Communications Decency legislation and other
- Internet censorship bills, see:
-
- http://www.eff.org/pub/Alerts/
- gopher.eff.org, 1/Alerts
- ftp.eff.org, /pub/Alerts/
-
- ------------------------------
-
-
- Subject: Activists' Corner
- --------------------------
-
- * Blue Ribbon Campaign
-
- Please take a little bit of time to get some ribbon and safety pins,
- which should be available at many local stores, and fashion some blue
- ribbons to wear and to hand out. You'll be surprised how many people
- will ask what it means and wear a ribbon themselves when you tell them.
-
- Please also put blue ribbon graphics on your homepage. See
- http://www.eff.org/blueribbon.html for more info. If you have some extra
- time and resources, please set up your own blue ribbon info page, to help
- spread the word - and spread the load on our hard-working servers (and
- sysadmin! :)
-
-
- * Pro-CDA Free Speech Skeptics
-
- If you are active in online forums where the CDA is a hot topic, or are
- hosting a blue ribbon page on your own site, you will sooner or later get
- one or more flames from people professing to support the goals of the
- Communications Decency Act. Many of these people will display hostility,
- and an great deal of confusion about what the new law really says and means.
- Many will also be ideologically opposed to the concepts of free speech.
- The latter die-hards may be a lost cause, but even if they seem that way,
- please refer them politely to http://www.eff.org/blueribbon/skeptical.html
- - There they will find the CDA's provisions and their meaning explained
- in lay terms as well as explorations of what the negative impact of the
- CDA, if enforced, will be on online communications, electronic libraries,
- etc.
-
- Remember: People new to the net, who have seen little accurate media
- coverage on this issue, and who are concerned about the welfare of their
- kids, are not enemies. They are simply potential allies you have not yet won
- over. Pro-speech advocates have something in our favor: We are telling
- the truth about the CDA, about indecency law, and about the nature of the
- Internet, and can prove it.
-
-
- * URGENT: We Need to Know What's Happening in Your Area!
-
- EFF does not have an army of hundreds of legal researchers. As a result,
- we cannot track every piece of relevant legislation evey day. If you have
- or can obtain information on impending state-level, or non-US national-level,
- censorship (and anti-privacy) legislation and regulation, then please do
- so, and pass the info on to us. Even if we completely defeat the CDA,
- this will have done no good if every other state and country is passing
- Exon-alike censorship bills. *This is happening already.*
- When adequate info is available, it will appear at
- http://www.eff.org/pub/Alerts/Foreign_and_local/ (currently featuring info
- on progress in derailing a state Net censorship bill in New York, and a
- partial update on what is happening in Germany - much more will be coming
- soon.)
-
- You may also wish to consider helping start a local "Electronic
- Frontiers" organization in your area. There's not better time than now,
- and if we all wait for someone else to do it, it will never get done.
- You'll be in good company; such independent "EF" groups are already
- active in Texas, New Hampshire, Norway, the UK, Italy, Australia and
- several other places. If you are committed to doing this, please get in
- touch with Stanton McCandlish, EFF's online activist (mech@eff.org), who
- can put you in touch with people working on similar projects, and also
- give you at outline of some steps to take to make it happen.
-
- ------------------------------
-
-
- Subject: NewsNybbles
- --------------------
-
- * EFF News
-
- - www.eff.org, our web server, is now 4 web servers in one (3 in-house
- machines, and 1 remote server - thanks to APK!) The mirroring is not
- working perfectly yet. If you encounter problems, please try connecting
- directly to the "master" version of www.eff.org, kragar.eff.org (e.g.
- replace "www" in any EFF URL with "kragar".) Please do not bookmark or
- create links to kragar URLs - the bugs should be worked out soon, and
- the vast majority of connections via www.eff.org should work just fine.
-
- - We've seen an increase in WWW traffic over the last week or so, from
- 60-80,000 hits per day to over 700,000 hits per day when we quit
- counting. By now we estimate it is over 1,000,000 per day. Most of
- this traffic is due to the Blue Ribbon Campaign. This is a very
- encouraging sign that the campaign is working, and working rapidly.
-
- - Ye editor's apologies for the lag between the last EFFector and this one.
- I'm also EFF's webmaster, and simply keeping up with the telecom bill's
- passage and the subsequent lawsuits and grassroots activism had absorbed
- all available time. CDT, VTW and others reported on much of this action
- very well, and thanks to the black page and blue ribbon campaigns,
- there's been a load of "traditional" media attention as well, so we doubt
- EFFector telling you the same things would have helped much anyway.
- Things are now getting into the details - the legal challenges, the
- action campaigns, the state and foreign shockwaves, so EFFector is
- back on the beat.
-
-
- * Get Out the Netly Vote
-
- If the folks at the Voter's Telecommunication Watch have their way, civil
- liberties on the Internet will be a prominent issue in federal, state and
- local campaigns this year.
-
- VTW has already started encouraging candidates to think about their
- stances on encryption, censorship and public on-line access to government
- documents. During a special election in Oregon to fill retiring Sen.
- Packwood's seat. Candidates from the American, Democratic and Republican
- parties all signed a "Technology Pledge," asserting their support of
- civil liberties on the Internet. The one who had a track record of
- actually upholding such values in Congress, then-Rep. Ron Wyden, won by a
- narrow margin. Narrow enough that he may have lost if not for the
- support of online constituents.
-
- Given more preparation time, increased awareness, and the public ire
- spawned by the passage of the Communications Decency Act, the online
- voting bloc's power should be even larger, come November.
-
- Since the conclusion of the Oregon election on Jan. 30, VTW has said it will
- begin gearing up for other races in 1996. See http://www.vtw.org for
- more info.
-
- Those who aren't willing to wait can express their views with votes that
- count in a different way. VoteLink, and advertiser-supported service free
- to users presents topics on which visitors can vote and debate. The
- results of these surveys are distributed to press organizations,
- Congress, and the White House. VoteLink is available at
- http://www.votelink.com. NOTE: VoteLink will soon have available a special
- section on the CDA, and we urge you to add your input. The results of
- this survey too will be send to regulators and major media outlets. This
- is another opportunity to make your voice heard! [EFF does not
- commercially endorse VoteLink or any other service or product. We simply
- recognize a good opportunity for activists here.]
-
-
- * Govt. Printing Office Online Access Finally "Free" - Fresh not Stale Bills
-
- It seems as if the U.S. government has been heeding the call for
- increased access to federal records. As of December 1,
- the Government Printing Office's GPO Access on-line service has been
- transformed from a restricted access, subscription-based service to a "free"
- (already tax-paid) Internet service. It seems likely that the last year and
- more of protests from Internet users has paid off - user upset at being
- charged again - and charged a lot - for what they've already paid for
- with their tax money. The action now must move to the state level, as
- California and other areas prepare to gouge taxpayers to satisfy
- monopolistic demands of companies accustomed to being able to re-sell
- public information at high cost.
-
- The GPO went on-line in June 1994, and since that time access to the
- service has been free only at 600 of the nearly 1,400 Federal Deposit
- Libraries and to users of 20 deposity library "gateways."
-
- GPO Access provides on-line text of the Congressional Record, the Federal
- Register, congressional bills, and other government documents to the
- public the same day they are published. This is a very under-announced
- victory. The much-touted "Thomas" service from the Library of Congress -
- http://thomas.loc.gov - provides legislative texts far too late for many
- of them to be of any use to the concerned citizen. Letters of support to
- the GPO are now warranted - this agency has done on its own, in response
- to citizen pressure, what all the promises of Speaker of the House Newt
- Gingrich have failed to deliver: immediate public access to the law as it
- is being made, rather than after the fact when it is too late to affect.
-
- GPO access is not perfect. The interface could use some work, and there
- remain problems with the publication process itself - committee and
- conferences drafts remain the purview of specially-favored lobbyists, for
- example, preventing almost all public input into the most important
- decisions being made in Congress. But it's better than what was
- previously available.
-
- GPO is funded from Congressional monies for the Federal Depository
- Library Program and can be accessed at http://www.access.gpo.gov/su_docs/.
-
- Users can also telnet to swais.access.gpo.gov and log in as "guest," or
- dial direct to 202-512-1661, type "swais" and log in as "guest."
-
- Australian and British citizens aren't so lucky however. It seems the
- government-owned publishing organizations in these countries want to
- exploit their copyright commercially instead of providing free Internet
- access to the public information it is in charge of publishing. In the
- UK, a group called the Campaign for Freedom of Information is calling for
- the government to post the daily record of the parliament and the
- Acts of Parliament to the Internet. Electronic Frontiers Australia may
- take similar action "down under".
-
-
- * PROFS Case Update - Closer to Resolution
-
- Now in it's seventh year of litigation, all but one essential aspect of
- the PROFS case has been settled. In Dec., 1995, the District Court for
- Washington, DC, issued a ruling agreed upon by both parties which
- stipulated that the government would pay the plaintiffs $585,803 to
- cover attorney's fees and expenses in the portion of their complaint
- concerning the preservation of federal e-mail.
-
- The case began in 1989 when the American Historical Association and
- journalist Scott Armstrong went to court seeking a temporary injunction
- to prohibit the destruction of e-mail messages of the National Security
- Council. Armstrong v. the Executive Office of the President is often
- referred to as the PROFS case because the NSC was using IBM's PROFS
- (Professional Office System) software for electronic mail.
-
- The case also dealt with federal response to a Freedom of Information Act
- request made by Armstrong and a controversy over whether NSC records are
- agency records and therefore subject to the Federal Records Act or
- presidential records, which are not. The only remaining portion of the
- case left to be decided is the governments appeal of a District Court
- judge's decision that NSC records were subject to the FOIA.
-
- The judge made his ruling last spring and the decision was heard on
- appeal in September. No judgement has yet been issued in the
- government's appeal.
-
- As a result of the PROFS case, the National Archives has set new
- standards for the preservation of federal agency e-mail. All federal e-mail
- messages are now considered official documents and subject to the FOIA as
- are their paper counterparts. Also as a result of the PROFS case,
- federal e-mail must now be transferred to paper or to electronic tape in
- order to be preserved by the National Archives.
-
- Also in December, the government dropped its own appeal in a related case
- of the American Historical Association v. Carlin. A district court judge
- had ruled illegal an agreement between former President George Bush and
- former U.S. Archivist Don Wilson which gave the president control over the
- backup tapes of e-mail messages at issue in the PROFS case.
-
- ------------------------------
-
-
- Subject: Upcoming events
- ------------------------
-
- This schedule lists events that are directly EFF-related. A much more
- detailed calendar of events likely to be of interest to our members and
- supporters is maintained at:
-
- ftp: ftp.eff.org, /pub/EFF/calendar.eff
- gopher: gopher.eff.org, 1/EFF, calendar.eff
- http://www.eff.org/pub/EFF/calendar.eff
-
-
- Feb. 14 - CDA Protest Rally, U. Penn., Philadelphia PA
- Be there, to protest Internet censorship right before a
- speech by VP Gore!
- URL: http://www.eff.org/pub/Alerts/pa_rally_021496.alert
-
- Feb. 15 - HotWired Electronic Frontiers Forum; online event, 7pm PST
- "speak"ers will include EFF's fellow members of the Coalition
- to Stop the CDA, Shabbir Safdar of Voters' Telecom Watch and
- Jonah Seiger of the Center for Democracy & Technology. Topic:
- The Communications Decency Act and other threats to online
- free speech. Users can participate via either WWW
- (http://www.hotwired.com/club/) or telnet (chat.wired.com 2428).
- URL: http://www.hotwired.com/club/
-
- Feb. 22 - 24 Hours in Democracy, 12:01am-11:59pm PST
- "They defined cyberspace. We define democracy." A global
- multimedia event in support of online free speech, privacy and
- other democratic values. NOTE: This event still needs a lot of
- content, and a lot of volunteered time, effort, server horsepower,
- etc. Please get active and help out!
- URL: http://www.hotwired.com/userland/24/
- Email: Dave Winer (dwiner@well.com)
-
- Mar. 27-
- 30 - CFP96, the Sixth Conference on Computers, Freedom, & Privacy;
- MIT, Cambridge, Massachusetts. Sponsored by ACM SIGCOMM,
- SIGCAS, SIGSAC, and the World Wide Web Consortium. This is
- THE electronic privacy conference. Speakers include EFF
- representatives (and CFP is also the time and place of the
- EFF Pioneer Awards ceremony.)
- Email: cfp96-info@mit.edu
- URL: http://web.mit.edu/cfp96
-
- ------------------------------
-
-
- Subject: Quote of the Day
- -------------------------
-
- "It is error alone which needs the support of government. Truth can
- stand by itself."
- - Thomas Jefferson, "Notes on Virginia"
-
- Find yourself wondering if your privacy and freedom of speech are safe
- when bills to censor the Internet are swimming about in a sea of of
- surveillance legislation and anti-terrorism hysteria? Worried that in
- the rush to make us secure from ourselves that our government
- representatives may deprive us of our essential civil liberties?
- Concerned that legislative efforts nominally to "protect children" will
- actually censor all communications down to only content suitable for
- the playground? Alarmed by commercial and religious organizations abusing
- the judicial and legislative processes to stifle satire, dissent and
- criticism?
-
- Join EFF!
-
- Even if you don't live in the U.S., the anti-Internet hysteria will soon
- be visiting a legislative body near you. If it hasn't already.
-
- ------------------------------
-
-
- Subject: What YOU Can Do
- ------------------------
-
- * The Communications Decency Act & Other Censorship Legislation
-
- The Communications Decency Act and similar legislation pose serious
- threats to freedom of expression online, and to the livelihoods of system
- operators. The legislation also undermines several crucial privacy
- protections.
-
- Business/industry persons concerned should alert their corporate govt.
- affairs office and/or legal counsel. Everyone should write to their own
- Representatives and Senators, letting them know that such abuses of
- public trust will not be tolerated, that legislators who vote against
- your free speech rights will be voted against by you in the next elections.
-
- Join in the Blue Ribbon Campaign - see http://www.eff.org/blueribbon.html
-
- Support the EFF Cyberspace Legal Defense Fund:
- http://www.eff.org/pub/Alerts/cyberlegal_fund_eff.announce
-
- For more information on what you can do to help stop this and other
- dangerous legislation, see:
-
- ftp.eff.org, /pub/Alerts/
- gopher.eff.org, 1/Alerts
- http://www.eff.org/pub/Alerts/
-
- If you do not have full internet access (e.g. WWW), send your request
- for information to ask@eff.org.
-
-
- * Digital Telephony/Comms. Assistance to Law Enforcement Act
-
- The FBI is now seeking both funding for the DT/CALEA wiretapping provisions,
- and preparing to require that staggering numbers of citizens be
- simultaneously wiretappable.
-
- To oppose the funding, write to your own Senators and Representatives
- urging them to vote against any appropriations for wiretapping.
-
- We are aware of no major action on this threat at present, but keep your
- eyes peeled. It will be back.
-
-
- * Anti-Terrorism Bills
-
- Numerous bills threatening your privacy and free speech have been introduced
- this year. None of them are close to passage at this very moment, but
- this status may change. Urge your Congresspersons to oppose these
- unconstitutional and Big-Brotherish bills.
-
-
- * The Anti-Electronic Racketeering Act
-
- This bill is unlikely to pass in any form, being very poorly drafted, and
- without much support. However, the CDA is just as bad and passed with
- flying colors [the jolly roger?] in the Senate. It's better to be safe
- than sorry. If you have a few moments to spare, writing to, faxing, or
- calling your Congresspersons to urge opposition to this bill is a good
- idea.
-
-
- * Medical Privacy Legislation
-
- Several bills relating to medical privacy issues are floating in Congress
- right now. Urge your legislators to support only proposals that *truly*
- enhance the medical privacy of citizens.
-
- More information on this legislation will be available at
- http://www.eff.org/pub/Privacy/Medical/ soon. Bug mech@eff.org to make
- it appear there faster. :)
-
-
- * Find Out Who Your Congresspersons Are
-
- Writing letters to, faxing, and phoning your representatives in Congress
- is one very important strategy of activism, and an essential way of
- making sure YOUR voice is heard on vital issues.
-
- EFF has lists of the Senate and House with contact information, as well
- as lists of Congressional committees. (A House list is included in this
- issue of EFFector). These lists are available at:
- ftp.eff.org, /pub/Activism/Congress_cmtes/
- gopher.eff.org, 1/EFF/Issues/Activism/Congress_cmtes
- http://www.eff.org/pub/Activism/Congress_cmtes/
-
- The full Senate and House lists are senate.list and hr.list, respectively.
- Those not in the U.S. should seek out similar information about their
- own legislative bodies. EFF will be happy to archive any such
- information provided.
-
- If you are having difficulty determining who your Representatives are,
- try contacting your local League of Women Voters, who maintain a great
- deal of legislative information, or consult the free ZIPPER service
- that matches Zip Codes to Congressional districts with about 85%
- accuracy at:
- http://www.stardot.com/~lukeseem/zip.html
-
- Computer Currents Interactive has provided Congress contact info, sorted
- by who voted for and against the Communcations Decency Act:
- http://www.currents.net/congress.html
-
-
- * Join EFF!
-
- 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
- =============
-
- EFFector Online is published by:
-
- The Electronic Frontier Foundation
- 1550 Bryant St., Suite 725
- San Francisco CA 94103 USA
- +1 415 436 9333 (voice)
- +1 415 436 9993 (fax)
- Membership & donations: membership@eff.org
- Legal services: ssteele@eff.org
- General EFF, legal, policy or online resources queries: ask@eff.org
-
- Editor: Stanton McCandlish, Online Activist, Webmaster (mech@eff.org)
- Assoc. Editor: Ryan Thornburg, Communications Intern (rmt@eff.org)
-
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-
- Reproduction of this publication in electronic media is encouraged. Signed
- articles do not necessarily represent the views of EFF. To reproduce
- signed articles individually, please contact the authors for their express
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-
- To subscribe to EFFector via email, send message body of "subscribe
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-
- To get the latest issue, send any message to effector-reflector@eff.org (or
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- at EFFweb. HTML editions of the current issue sometimes take a day or
- longer to prepare after issue of the ASCII text version.
-
- ------------------------------
-
-
-
-
-
- End of EFFector Online v09 #02 Digest
- *************************************
-
- $$
-