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- EFFector Online Volume 09 No. 10 Aug. 1, 1996 editors@eff.org
- A Publication of the Electronic Frontier Foundation ISSN 1062-9424
-
- IN THIS ISSUE:
-
- ALERT: Congress Rushing to Enact Anti-Privacy Bill - Call Congress NOW!
- Introduction
- What you can do now
- Background
- Participating organizations
- NewsNybbles
- EFF Web Site Now Features "What's Hot" News Updates and Search Engine
- 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: ALERT: Congress Rushing to Enact Anti-Privacy Bill - Call Congress NOW!
- --------------------------------------------------------------------------------
-
- **** Last minute update ****
-
- Just before ye editor was about to send this issue out, reports are
- filtering in that negotiations on the bill that is the subject of the
- alert below, have collapsed.
-
- CNN reports: "Key members of the Senate blamed House conservatives for the
- failure, saying they had insisted on linking proposed new
- wiretapping authority for the FBI to an expansion of privacy laws."
-
- CNN quotes Rep. Charles Schumer (D-NY) as saying that House Republican
- leaders "have come up with this smokescreen called privacy". You may
- wish to let Rep. Schumer know how you feel about your right to privacy
- being labelled "a smokescreen":
-
- 9th Dist. NY Schumer, Charles E. (D)
- 1-202-225-6616 (voice), 1-202-225-4183 (fax)
-
- The full text of the CNN article is available at:
- http://www.cnn.com/US/9608/01/wh.terror.bill/index.html
-
- The article also reports that "lawmakers said there is hope for
- agreement after the month long" Congressional recess beginning at the end
- of this week.
-
- THIS MEANS THAT THE ALERT BELOW IS STILL URGENT, and still important.
- We just have a short breathing space now.
-
- - mech@eff.org
-
-
- ____ _____ ____ ___ _ _____ ____ _____
- | _ \| ____| _ \ / _ \| | | ____| _ \_ _| CONGRESS RUSHING TO
- | |_) | _| | | | | | |_| | | | _| | |_) || | ENACT SURVEILLANCE
- | _ <| |___| |_| | | _ | |___| |___| _ < | | LEGISLATION. CALL
- |_| \_\_____|____/ |_| |_|_____|_____|_| \_\|_| CONGRESS NOW! 8/1/96
-
- REPOST THIS ALERT WHERE APPROPRIATE
- DO NOT REDISTRIBUTE AFTER AUGUST 7, 1996
-
- ______________________________________________________________________
-
- Table of contents
- Introduction
- What you can do now
- Background
- Participating organizations
- ______________________________________________________________________
-
-
- * INTRODUCTION
-
- Late Wednesday, Congress and the Clinton Administration reached a
- preliminary agreement on a sweeping new surveillance initiative. The
- President and several Congressional leaders are pushing for a vote on the
- measure BEFORE CONGRESS RECESSES ON AUGUST 2.
-
- If enacted, parts of the proposal would dramatically impact privacy and
- security on the Internet and other advanced communications technologies.
-
- Of particular concern are provisions which:
-
- 1. Allows law enforcement to wiretap "suspected terrorists" for up to
- 48 hours BEFORE obtaining a court order
- 2. Provide funding for the Digital Telephony Proposal without any public
- accountability over how the FBI spends the funds
-
- Other provisions are also circulating that would:
-
- 3. Threaten to impose new restrictions on encryption technologies
- 4. Seek to criminalize the distribution of 'bomb-making' information on
- the Internet that is legal in print.
-
- Congress needs to hear from you. Congress will rush through the passage
- of massive new surveillance plans with privacy risks unless you
- show them there is support for slow, deliberate, reasoned thought on
- the issue.
-
- ______________________________________________________________________
-
- * WHAT YOU CAN DO NOW
-
- CALL KEY MEMBERS OF CONGRESS IMMEDIATELY!
- NO LATER THAN FRIDAY (8/2/96)
-
- Please contact as many elected officials on the list below as you can.
- Urge them to "go slow" and carefully consider the impact these
- surveillance proposals will have on the privacy and security of
- all Internet users.
-
- Tell them while you appreciate their concern about combating terrorism,
- the measures being proposed have many potential side effects which must be
- carefully considered.
-
- 1. Call the key members of Congress below and ask them to "go slow" and
- examine the issues before rushing into changing the delicate balance
- of law enforcement surveillance and the public.
-
- 2. If you are at a loss for words, use the following sample communique:
-
- SAMPLE COMMUNIQUE
-
- Dear _________,
-
- Please do not rush the passage of counter terrorism legislation;
- I'm concerned that Congress is rushing without carefully
- considering the implications of privacy. I'm from <city, state>.
-
- Thanks, <click>
-
- You should call the following members of Congress because they
- are steering this legislation and need to hear there is support
- for slow, deliberate, thoughtful consideration of this issue.
- Some of thee members *have publicly expressed reservations* about this
- legislation, and we should support them in their efforts.
-
- Senate members:
-
- P ST Name and Address Phone Fax
- = == ======================== ============== ==============
- R MS Lott, Trent 1-202-224-6253 1-202-224-2262
- D DE Biden Jr., Joseph R. 1-202-224-5042 1-202-224-0139
- D SD Daschle, Thomas A. 1-202-224-2321 1-202-224-2047
- R UT Hatch, Orrin G. 1-202-224-5251 1-202-224-6331
- R PA Specter, Arlen 1-202-224-4254 1-717-782-4920
- D VT Leahy, Patrick J. 1-202-224-4242 1-202-224-3595
-
- House members:
-
- Dist ST Name, Address, and Party Phone Fax
- ==== == ======================== ============== ==============
- 6 GA Gingrich, Newt (R) 1-202-225-4501 1-202-225-4656
- 3 MO Gephardt, Richard A. (D) 1-202-225-2671 1-202-225-7452
- 6 IL Hyde, Henry J. (R) 1-202-225-4561 1-202-226-1240
- 14 MI Conyers Jr., John (D) 1-202-225-5126 1-202-225-0072
-
- President William Clinton:
- White House Comment Line: 1-202-456-1414
-
- 3. If you get a response, take a moment and send mail to vtw@vtw.org
- with "feedback" in the subject line.
-
- $ Mail vtw@vtw.org
- Subject: my feedback from calling Congress
- They said they're not going to pass most of Clinton's package,
- because it upsets the delicate balance between law enforcement and
- the public.
- ^D
- Mail sent!
-
- ______________________________________________________________________
-
- * BACKGROUND
-
- Among other things, the law enforcement proposals circulating on Capitol
- Hill include provisions which:
-
- o WIRETAPPING WITHOUT COURT ORDER ALLOWED FOR 48 HOURS
-
- Congress and the President have already agreed to provisions which
- would dramatically expand law enforcement surveillance authority. Both
- of these provisions were proposed by the President as part of the 1995
- counter-terrorism legislation, but were dropped from the final bill
- after Republicans and civil liberties advocates objected.
-
- The current proposal would expand law enforcement surveillance
- authority in two ways:
-
- - Emergency 48 Hour Wiretap Authority: Current law requires law
- enforcement officials to get the affirmative consent of a judge
- before installing a wiretap.
-
- The current proposal would expand law enforcement authority to
- wiretap "suspected terrorists" for up to 48 hours before obtaining a
- court order, limiting a critical 4th amendment safeguard.
-
- - Multi-Point "Roving" Wiretaps: Current law allows law enforcement to
- tap only specific LOCATIONS (i.e., a telephone number). In certain
- very limited circumstances, law enforcement can tap a specific
- INDIVIDUAL if it can be shown to a judge that the suspect is moving
- from place to place with the specific intent of thwarting law
- enforcement.
-
- The current proposal would expand this so-called "roving" wiretap
- authority by making it much easier for law enforcement to tap specific
- INDIVIDUALS as opposed to specific physical locations. This change
- would dramatically effect the balance between 4th Amendment privacy
- rights and public safety which has existed for nearly 30 years, and
- should not be enacted without careful consideration of the
- implications.
-
- o FUNDING FOR DIGITAL TELEPHONY WITHOUT PUBLIC ACCOUNTABILITY
-
- The Administration and Congress are seeking funding to implement the
- Digital Telephony Law in a way which eliminates any opportunity for
- public oversight of law enforcement surveillance ability.
-
- The controversial law, known officially as the Communications
- Assistance for Law Enforcement Act (CALEA), granted the FBI new
- authority to influence the design of telecommunications networks. At
- the same time, the law provided substantial public oversight over the
- FBI's surveillance ability by requiring the FBI to state, on the
- public record, what its surveillance needs are.
-
- The FBI has faced stiff resistance from civil liberties groups and some
- members of Congress and has not yet been able to obtain funding to
- implement the requirements of the law.
-
- As part of the current proposal, the FBI is seeking a mechanism which
- will provide funding for CALEA in a way which skirts the public
- oversight provisions of the law. This is an extremely troubling move
- by law enforcement which, if enacted, would allow law enforcement
- essentially unlimited authority to influence the design of
- telecommunications networks without any accountability.
-
- Other provisions which could show up in legislation in the next 72 hours are:
-
- o BOMB MAKING MATERIAL ON THE INTERNET
-
- In the wake of the recent public concern about terrorism, Senators
- Dianne Feinstein (D-CA) and Joseph Biden (D-DE) have renewed their
- efforts to pass legislation to restrict the availability of 'bomb-
- making' information on the Internet.
-
- The Feinstein/Biden amendment was added to the Senate Defense
- Appropriations bill (S. 1762) in early July, and is not currently part
- of the new law enforcement initiative. However, the amendment poses a
- serious threat to chill the the free flow of information on the
- Internet.
-
- o THREATEN TO IMPOSE NEW RESTRICTIONS ON ENCRYPTION TECHNOLOGIES:
-
- While no specific legislation has been proposed, the Clinton
- Administration has circulated an outline to Congress which states:
-
- "We will seek legislation to strengthen our ability to
- prevent terrorists from coming into the possession of the technology
- to encrypt their communications and data so that they are beyond the
- reach of law enforcement."
-
- This statement marks the first time that the Administration has
- suggested legislation to restrict encryption. This is especially
- troubling because it comes at a time of growing Congressional support
- for legislation to promote privacy and security tools for the Net.
- Of even more concern, the Administration is clearly attempting to use
- the recent suspected terrorist incidents to push for a new and more
- restrictive encryption policy.
-
- If the Administration succeeds in passing new restrictions on
- encryption as part of the new surveillance legislation, the future
- of the Internet as a secure and trusted platform for commerce and
- private communication will be threatened.
-
- Some or all of these provisions may be included in a package voted
- on by both houses by August 3rd. It is not clear what a final bill
- will look like, and some of these provisions may not be considered by
- Congress until later this summer.
-
- ______________________________________________________________________
-
- * PARTICIPATING ORGANIZATIONS
-
- The following organizations all urge you to take this action to combat the
- surveillance initiatives. Check their pages for more background
- information on these issues.
-
- American Civil Liberties Union (http://www.aclu.org)
- American Communication Association
- Center for Democracy and Technology (http://www.cdt.org)
- Electronic Frontier Foundation (http://www.eff.org)
- EFF-Austin (http://www.eff-austin.org/)
- Electronic Privacy Information Center (http://www.epic.org)
- Feminists for Free Expression (freedom@well.com)
- National Libertarian Party (http://www.lp.org)
- National Writers Union (http://www.nwu.org/nwu/)
- People For the American Way (http://www.pfaw.org)
- Voters Telecommunications Watch (http://www.vtw.org)
- Wired Ventures Ltd. (http://www.hotwired.com)
-
- ------------------------------
-
-
- Subject: NewsNybbles
- --------------------
-
- * EFF Web Site Now Features "What's Hot" News Updates and Search Engine
-
- To help you navigate our award-winning web site more easily, EFF has
- installed a set of "What's Hot" buttons near the top of our front page.
- These buttons take you to news pages with summaries of important events
- on encryption, privacy & surveillance, censorship & online free
- speech, and intellectual property & fair use rights as they relate to the
- Net.
-
- We've also instituted a search engine that allows you to quickly locate
- keywords in our archive index. The EFF archives hold over 20,000 files.
-
- All of this is at http://www.eff.org
-
- For those new to our unique archive, there's a short help file available
- at http://www.eff.org/howtouse.html
-
- ------------------------------
-
-
- Upcoming Events
- ---------------
-
- This schedule lists EFF events, and those we feel might be of interest to
- our members. EFF events (those sponsored by us or featuring an EFF speaker)
- are marked with a "*" instead of a "-" after the date. Simlarly, government
- events (such as deadlines for comments on reports or testimony submission,
- or conferences at which government representatives are speaking) are marked
- with "!" in place of the "-" ("!?" means a govt. speaker may appear, but
- we don't know for certain yet.) And likewise, "+" in place of "-"
- indicates a non-USA event. If it's a foreign EFF event with govt. people,
- it'll be "*!+" instead of "-". You get the idea.
-
- The latest version of the full EFF calendar is available from:
-
- ftp: ftp.eff.org, /pub/EFF/calendar.eff
- gopher: gopher.eff.org, 1/EFF, calendar.eff
- http://www.eff.org/pub/EFF/calendar.eff
-
- See also our new Now-Up-to-Date HTML calendar at:
- http://events.eff.org
-
-
- Aug. 5- * Progress and Freedom Foundation; annual summit held in Aspen,
- 6 Colorado, will feature EFF Chairman Esther Dyson, Alvin Toffler
- and Congressman Rick White and Senator Bill Bradley; "An
- exploration of the Electronic Frontier's impact on American
- society."
- Info: +1 202 289 8928 Email to: mail@pff.org
-
- Aug. 5-
- 9 + International Conference on Computational Linguistics;
- University of Copenhagen, Copenhagen, Denmark.
- Email: coling96@nttkb.ntt.jp
-
- Aug. 8 - Registration deadline for SAB96, Sep. 9, 1996.
-
- Aug. 8-
- 10 - Conference on Computing and Philosophy; Carnegie Mellon
- University, Pittsburgh, PA. Deadline for submissions: Feb. 19.
- Contact: +1 412 268 7643
- Email: rc2z@andrew.cmu.edu
- URL: http://www.lcl.cmu.edu/CAAE/CAPpage.html
-
- Aug. 14-
- 16 + Information Seeking in Context: an International Conference on
- Information Needs, Seeking and Use in Different Contexts; Tampere,
- Finland. Deadline for submission of abstracts: October 15, 1995.
- Contact: +358 31 215 7039 (voice), +358 31 215 6560 (fax)
- Email: inf@uta.fi
-
- Aug. 14-
- 17 - 7th Macintosh Summit Conference; learn the latest tips, tricks
- and techniques of the Mac platform from the Mac giants.
- University of California, Santa Barbara.
- Contact: Fati Erdogan
- Tel: 805 893 2811
- Fax: 805 893 4943
- URL's: http://www.metatools.com/metauniv
- http://www.xlrn.ucsb.edu
-
- Aug. 21-
- 23 + China-U.S. Meeting on Global Information Access: Challenges and
- Opportunities; Beijing, China.
- Email: leeh@ohiou.edu
-
- Aug. 26 - ACM SIGCOMM '96: Applications, Technologies, Architectures and
- Protocols for Computer Communication; Stanford University,
- Stanford, CA
- URL: http://www.acm.org/sigcomm/sigcomm96/
-
- ------------------------------
-
-
- Subject: Quote of the Day
- -------------------------
-
- "All fear of 'offensive' speech is bourgeois and reactionary.
- Historically, profane or bawdy language was common in both the upper
- and the lower classes, who lived together in rural areas amid the
- untidy facts of nature. Notions of propriety and decorum come to the
- fore in urbanized periods ruled by an expanding middle class, which is
- obsessed with cleanliness, respectability, and conformism."
- - Camille Paglia, From "Language and the Left," in _The_Advocate_ (March
- 7, 1995)
-
- 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!
- http://www.eff.org/EFFdocs/join_eff.html (or send any message to info@eff.org).
-
- 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
-
- PARTICIPATE IN BLUE RIBBON ACTIVISM EFFORTS:
- http://www.eff.org/blueribbon/activism.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.
-
- IMPORTANT! KEEP AN EYE ON YOUR LOCAL LEGISLATURE. All kinds of wacky
- censorious legislation is turning up at the US state and non-US
- national levels. Don't let it sneak by you - or by the online activism
- community. Without locals on the look out, it's very difficult for the
- Net civil liberties community to keep track of what's happening locally
- as well as globally.
-
-
- * New Crypto-Privacy Legislation
-
- Urge your Represenatitives to support the Pro-CODE crypto export bill
- (and to fix the few remaining bugs in it).
-
- For years US export controls on encryption have hampered the development
- of secure communications online. This technology is vital for online
- commerce, for national security, and for YOUR electronic privacy.
-
- The new Pro-CODE legislation will go a long way to rectifying the situation.
-
- Join in the Golden Key Campaign - see http://www.eff.org/goldkey.html
-
- PARTICIPATE IN GOLDEN KEY ACTIVISM EFFORTS:
- http://www.eff.org/goldkey/activism.html
-
- Support the EFF Cyberspace Legal Defense Fund:
- http://www.eff.org/pub/Alerts/cyberlegal_fund_eff.announce
-
- See also:
- http://www.eff.org/pub/Privacy/
- http://www.privacy.org/ipc/
- http://www.crypto.com/
- for more info.
-
-
- * Digital Telephony/Comms. Assistance to Law Enforcement Act
-
- The FBI has been 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.
-
- In the wake of the Olympics bomb, the US government, both legislative and
- executive branches, are hot to pass new wiretapping laws, and fund the
- DT/CALEA wiretapping provisions. SPEAK OUT NOW. There is not a moment to
- lose! See lead article in this issue for more information.
-
- See http://www.eff.org/pub/Privacy/Surveillance/ for more info.
-
-
- * Anti-Terrorism Bills
-
- Several bills threatening your privacy and free speech have been introduced
- recently. One passed, but none of the rest of them are close to passage at
- this very moment - however, this status may change. Urge your
- Congresspersons to oppose these unconstitutional and Big-Brotherish
- bills, which threaten freedom of association, free press, free speech,
- and privacy. One such bill passed some time ago, stripped of some of the
- more onerous provisions. It could have been worse, and could yet still
- be worse: A new anti-terrorism bill posing many threats to YOUR privacy
- is nearing passage. SPEAK OUT NOW. There is not a moment to
- lose! See lead article in this issue for more information.
-
- Keep up the pressure. Write to your legislators: No
- secret trials and deportations, no expansion of wiretapping scope or
- authority, no national or "smart-card" ID systems!
-
- For more information on some of this legislation, see
- http://www.eff.org/pub/Privacy/Terrorism_militias/
-
-
- * 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 Congress. 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. :)
-
-
- * Child Privacy Legislation
-
- A new bill to protect children from unethical marketing practices (e.g.
- tricking kids into revealing personal information by offering prizes or
- games) has been introduced. EFF and other civil liberties organizations
- like, and dislike, various points in this bill. The legislators
- sponsoring the bill appear interested in resolving the problems in the
- statutory language they have proposed. More information on this will be
- provided soon.
-
-
- * 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. 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 to us, so pass it on!
-
- If you are having difficulty determining who your US legislators are,
- try contacting your local League of Women Voters, who maintain a great
- deal of legislator 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)
-
- This newsletter is printed on 100% recycled electrons.
-
- Reproduction of this publication in electronic media is encouraged. Signed
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- signed articles individually, please contact the authors for their express
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-
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-
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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
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-
- ------------------------------
-
-
-
-
-
- End of EFFector Online v09 #10 Digest
- *************************************
-
- $$
-