home *** CD-ROM | disk | FTP | other *** search
-
- =========================================================================
- ________________ _______________ _______________
- /_______________/\ /_______________\ /\______________\
- \\\\\\\\\\\\\\\\\/ ||||||||||||||||| / ////////////////
- \\\\\________/\ |||||________\ / /////______\
- \\\\\\\\\\\\\/____ |||||||||||||| / /////////////
- \\\\\___________/\ ||||| / ////
- \\\\\\\\\\\\\\\\/ ||||| \////
-
- =========================================================================
- EFFector Online Volume 09 No. 15 Dec. 20, 1996 editors@eff.org
- A Publication of the Electronic Frontier Foundation ISSN 1062-9424
-
- IN THIS ISSUE:
-
- Court Declares Crypto Restrictions Unconstitutional
- eTRUST Launches Pilot Program
- More Public Interest Groups Speak Out Against WIPO Treaties
- 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: Court Declares Crypto Restrictions Unconstitutional
- ------------------------------------------------------------
-
- COURT DECLARES CRYPTO RESTRICTIONS UNCONSTITUTIONAL
- Free Speech Trumps Clinton Wiretap Plan
-
- December 19, 1996, 16:50 Pacific time.
-
- Electronic Frontier Foundation Contacts:
-
- Shari Steele, Staff Attorney
- 301/375-8856, ssteele@eff.org
-
- John Gilmore, Founding Board Member
- 415/221-6524, gnu@toad.com
-
- Cindy Cohn, McGlashan & Sarrail
- 415/341-2585, cindy@mcglashan.com
-
- San Francisco - On Monday, Judge Marilyn Hall Patel struck down Cold War
- export restrictions on the privacy technology called cryptography. Her
- decision knocks out a major part of the Clinton Administration's
- effort to force companies to build "wiretap-ready" computers,
- set-top boxes, telephones, and consumer electronics.
-
- The decision is a victory for free speech, academic freedom, and the
- prevention of crime. American scientists and engineers will now be
- free to collaborate with their peers in the United States and in other
- countries. This will enable them to build a new generation of tools
- for protecting the privacy and security of communications.
-
- The Clinton Administration has been using the export restrictions to goad
- companies into building wiretap-ready "key recovery" technology. In a
- November Executive Order, President Clinton offered limited
- administrative exemptions from these restrictions to companies which
- agree to undermine the privacy of their customers. Federal District
- Judge Patel's ruling knocks both the carrot and the stick out of
- Clinton's hand, because the restrictions were unconstitutional in the
- first place.
-
- The Cold War law and regulations at issue in the case prevented
- American researchers and companies from exporting cryptographic
- software and hardware. Export is normally thought of as the physical
- carrying of an object across a national border. However, the
- regulations define "export" to include simple publication in the U.S.,
- as well as discussions with foreigners inside the U.S. They also define
- "software" to include printed English-language descriptions and
- diagrams, as well as the traditional machine-readable object code and
- human-readable source code.
-
- The secretive National Security Agency has built up an arcane web of
- complex and confusing laws, regulations, standards, and secret
- interpretations for years. These are used to force, persuade, or
- confuse individuals, companies, and government departments into making
- it easy for NSA to wiretap and decode all kinds of communications.
- Their tendrils reach deep into the White House, into numerous Federal
- agencies, and into the Congressional Intelligence Committees. In
- recent years this web is unraveling in the face of increasing
- visibility, vocal public disagreement with the spy agency's goals,
- commercial and political pressure, and judicial scrutiny.
-
- Civil libertarians have long argued that encryption should be widely
- deployed on the Internet and throughout society to protect privacy,
- prove the authenticity of transactions, and improve computer security.
- Industry has argued that the restrictions hobble them in building
- secure products, both for U.S. and worldwide use, risking America's
- current dominant position in computer technology. Government
- officials in the FBI and NSA argue that the technology is too
- dangerous to permit citizens to use it, because it provides privacy to
- criminals as well as ordinary citizens.
-
- "We're pleased that Judge Patel understands that our national security
- requires protecting our basic rights of free speech and privacy," said
- John Gilmore, co-founder of the Electronic Frontier Foundation, which
- backed the suit. "There's no sense in 'burning the Constitution in
- order to save it'. The secretive bureaucrats who have restricted these
- rights for decades in the name of national security must come to a
- larger understanding of how to support and preserve our democracy."
-
- Reactions to the decision
-
- "This is a positive sign in the crypto wars -- the first rational
- statement concerning crypto policy to come out of any part of the
- government," said Jim Bidzos, President of RSA Data Security, one of
- the companies most affected by crypto policy.
-
- "It's nice to see that the executive branch does not get to decide
- whether we have the right of free speech," said Philip Zimmermann,
- Chairman of PGP, Inc. "It shows that my own common sense
- interpretation of the constitution was correct five years ago when I
- thought it was safe to publish my own software, PGP. If only US
- Customs had seen it that way." Mr. Zimmermann is a civil libertarian
- who was investigated by the government under these laws when he wrote
- and gave away a program for protecting the privacy of e-mail. His
- "Pretty Good Privacy" program is used by human rights activists
- worldwide to protect their workers and informants from torture and
- murder by their own countries' secret police.
-
- "Judge Patel's decision furthers our efforts to enable secure electronic
- commerce," said Asim Abdullah, executive director of CommerceNet.
-
- Jerry Berman, Executive Director of the Center for Democracy and
- Technology, a Washington-based Internet advocacy group, hailed the
- victory. "The Bernstein ruling illustrates that the Administration
- continues to embrace an encryption policy that is not only unwise, but
- also unconstitutional. We congratulate Dan Bernstein, the Electronic
- Frontier Foundation, and all of the supporters who made this victory
- for free speech and privacy on the Internet possible."
-
- "The ability to publish is required in any vibrant academic discipline,"
- This ruling re-affirming our obvious academic right will help American
- researchers publish without worrying," said Bruce Schneier, author of
- the popular textbook _Applied Cryptography_, and a director of the
- International Association for Cryptologic Research, a professional
- organization of cryptographers.
-
- Kevin McCurley, President of the International Association for
- Cryptologic Research, said, "Basic research to further the
- understanding of fundamental notions in information should be welcomed
- by our society. The expression of such work is closely related to one
- of the fundamental values of our society, namely freedom of speech."
-
- Background on the case
-
- The plaintiff in the case, Daniel J. Bernstein, Research Assistant
- Professor at the University of Illinois at Chicago, developed an
- "encryption algorithm" (a recipe or set of instructions) that he
- wanted to publish in printed journals as well as on the Internet.
- Bernstein sued the government, claiming that the government's
- requirements that he register as an arms dealer and seek government
- permission before publication was a violation of his First Amendment
- right of free speech. This is required by the Arms Export Control Act
- (AECA) and its implementing regulations, the International Traffic in Arms
- Regulations (ITAR).
-
- In the first phase of this litigation, the government argued that
- since Bernstein's ideas were expressed, in part, in computer language
- (source code), they were not protected by the First Amendment. On
- April 15, 1996, Judge Patel rejected that argument and held for the
- first time that computer source code is protected speech for purposes
- of the First Amendment.
-
- Details of Monday's Decision
-
- Judge Patel ruled that the Arms Export Control Act is a prior restraint
- on speech, because it requires Bernstein to apply for and obtain from
- the government a license to publish his ideas. Using the Pentagon
- Papers case as precedent, she ruled that the government's "interest of
- national security alone does not justify a prior restraint."
-
- Judge Patel also held that the government's required licensing
- procedure fails to provide adequate procedural safeguards. When the
- Government acts legally to suppress protected speech, it must reduce
- the chance of illegal censorship by the bureaucrats involved -- in this
- case, the State Department's Office of Defense Trade Controls (ODTC).
- Her decision states: "Because the ITAR licensing scheme fails to provide
- for a time limit on the licensing decision, for prompt judicial review
- and for a duty on the part of the ODTC to go to court and defend a
- denial of a license, the ITAR licensing scheme as applied to Category
- XIII(b) [i.e., as applied to encryption material] acts as an
- unconstitutional prior restraint in violation of the First Amendment."
- Professor Bernstein is now free to publish his ideas without asking the
- government's permission first.
-
- She also ruled that the export controls restrict speech based on the
- content of the speech, not for any other reason. "Category XIII(b) is
- directed very specifically at applied scientific research and speech on
- the topic of encryption." The Government had argued that it restricts
- the speech because of its function, not its content.
-
- The judge also found that the ITAR is vague, because it does not
- adequately define how information that is available to the public
- "through fundamental research in science and engineering" is exempt
- from the export restrictions. "This subsection ... does not give
- people ... a reasonable opportunity to know what is prohibited." The
- failure to precisely define what objects and actions are being
- regulated creates confusion and a chilling effect. Bernstein has been
- unable to publish his encryption algorithm for over four years. Many
- other cryptographers and ordinary programmers have also been restrained
- from publishing because of the vagueness of the ITAR. Brian
- Behlendorf, a maintainer of the popular public domain "Apache" web
- server program, stated, "No cryptographic source code was ever
- distributed by the Apache project. Despite this, the Apache server
- code was deemed by the NSA to violate the ITAR." Judge Patel also
- adopted a narrower definition of the term "defense article" in order to
- save it from unconstitutional vagueness.
-
- The immediate effect of this decision is that Bernstein now is free to
- teach his January 13th cryptography class in his usual way. He can
- post his class materials on the Internet, and discuss the upcoming
- class's materials with other professors, without being held in
- violation of the ITAR. "I'm very pleased," Bernstein said. "Now I
- won't have to tell my students to burn their notebooks."
-
- It is presently unclear exactly where Judge Patel's decision applies --
- in the Northern District of California (containing San Francisco and Silicon
- Valley) or throughout the country. Check with your own lawyer if
- you contemplate taking action based on the decision.
-
- It is not yet clear from the decision whether the export controls on
- object code (the executable form of computer programs which source
- code is automatically translated into) have been overturned. It may
- be that existing export controls will continue to apply to runnable
- software products, such as Netscape's broswer, until another court
- case challenges that part of the restrictions.
-
-
- ABOUT THE ATTORNEYS
-
- Lead counsel on the case is Cindy Cohn of the San Mateo law firm of
- McGlashan & Sarrail, who is offering her services pro bono. Major
- additional pro bono legal assistance is being provided by Lee Tien of
- Berkeley; M. Edward Ross of the San Francisco law firm of Steefel,
- Levitt & Weiss; James Wheaton and Elizabeth Pritzker of the First
- Amendment Project in Oakland; and Robert Corn-Revere, Julia Kogan,
- and Jeremy Miller of the Washington, DC, law firm of Hogan & Hartson.
-
-
- ABOUT THE ELECTRONIC FRONTIER FOUNDATION
-
- The Electronic Frontier Foundation (EFF) is a nonprofit civil
- liberties organization working in the public interest to protect
- privacy, free expression, and access to online resources and
- information. EFF is a primary sponsor of the Bernstein case. EFF
- helped to find Bernstein pro bono counsel, is a member of the
- Bernstein legal team, and helped collect members of the academic
- community and computer industry to support this case.
-
- Full text of the lawsuit and other paperwork filed in the case is
- available from EFF's online archives at:
-
- http://www.eff.org/pub/Legal/Cases/Bernstein_v_DoS/
-
- The full text of Monday's decision is available at:
-
- http://www.eff.org/pub/Legal/Cases/Bernstein_v_DoS/Legal/961206.decision
-
- ------------------------------
-
-
- Subject: eTRUST Launches Pilot Program
- --------------------------------------
-
-
- FOR IMMEDIATE RELEASE 12/20/96
-
-
- eTRUST LAUNCHES PILOT PROGRAM
-
- Trial of Global Initiative to Increase
- Consumer Trust and Confidence in Electronic Transactions
-
- Palo Alto, CA, December 20, 1996 -- eTRUST, a global initiative for
- establishing consumer trust and confidence in electronic information exchange,
- is launching its pilot program. The purpose of the pilot is to test the
- effectiveness and market desirability of the eTRUST "trustmark" program and to
- provide data to refine the offering and ensure success in full global
- implementation. The information gathered will be invaluable in developing
- products to be launched in 1997.
-
- The pilot will focus on addressing privacy issues of data collection on the
- Internet which is the first eTRUST project. Privacy concerns have been
- identified as one of the key barriers to the widespread consumer acceptance of
- electronic information transactions ranging from commerce to survey data
- collection. Non-consentual collection of personal data over the Internet is
- creating "databases of liability" and eTRUST provides a reasonable, effective,
- and enforceable system to ensure that personally identifiable information is
- not abused. eTRUST's privacy guidelines and assurance infrastructure will
- allow for informed consent of data collection. Providing a mechanism for
- informed consent will increase the level of trust between online
- businesses/organizations and users.
-
- Companies or organizations participating in the eTRUST pilot will apply one or
- more of three privacy "trustmarks" on their Websites depending on how they
- handle the data of the users who visit their sites. The three options are:
-
- * Anonymous or No Exchange - no data is collected on the user.
-
- * One-to-One Exchange - data is collected only for the site owner's
- use.
-
- * Third Party Exchange - data is collected and provided to specified
- third parties but only with the user's knowledge and consent.
- The "trustmark" system allows the user to be informed of exactly how
- their personal data is being used.
-
- The "trustmarks" will also be backed by an assurance process which includes
- self-assessment, community monitoring, and most importantly, professional
- third-party review and spot auditing. The Assurance Process committee of
- eTRUST which includes leading companies like Coopers & Lybrand LLP and KPMG LLP
- is developing a formal review process for Websites which will be tested during
- the pilot.
-
- "Coopers & Lybrand is exceedingly pleased to be involved in setting the
- standards and direction for the eTRUST initiative, thereby supporting the
- Internet in its ability to conduct electronic commerce," said Russell J.
- Sapienza, Jr., Partner of Coopers & Lybrand LLP's Computer Assurance Services.
-
- Up to 100 sites, carefully chosen to cover a broad spectrum of Web activities,
- will participate in the pilot program. Sites which are already testing the
- "trustmark" system include:
-
- * CommerceNet - http://www.commerce.net
- * Electronic Frontier Foundation - http://www.eff.org
- * BritNet - http://www.britnet.co.uk
- * Webcrawler - http://frontend.webcrawler.com
- * Narrowline - http://www.narrowline.com
- * WorldPages - http://www.worldpages.com
- * Xcert Software - http://www.xcert.com
- * Down Syn Online - http://www.epix.net/~mcross/down-syn.html
-
- Sites will be added throughout December 1996 and the pilot will be conducted
- through the first quarter of 1997. eTRUST demonstrated the
- "trustmark" system at the Internet World Show in New York, December 11-13,
- 1996.
-
- eTRUST has already received widespread support from industry, consumer groups,
- and the government. CommerceNet, the premier industry association for
- developing electronic commerce, and the Electronic Frontier Foundation, the
- leading electronic consumer advocacy group have partnered to move forward to
- implement the eTRUST program.
-
- "The eTRUST project is critical to building public trust in online
- transactions," said Marty Tenenbaum, Chairman of CommerceNet. "It assures
- individuals will receive full disclosure on how and where information will be
- used and gives them the opportunity to opt out of a transaction."
-
- "We are very concerned with protecting the privacy of users. The eTRUST pilot
- is a major step forward in creating trust online and ensuring the development
- of a healthy electronic society and in turn a healthy marketplace," says Lori
- Fena, Executive Director of the Electronic Frontier Foundation.
-
- "People's awareness of how their online behavior is being monitored and
- commoditized is approaching a new high watermark," said Eric Theise,
- Narrowline's EVP of Research and Information Architecture. "Our online media
- buying and market research systems are less intrusive and more secure than
- others, and eTRUST's framework for assessing, refining, and disclosing data
- privacy policy gives us an accepted way to convey that to Internet users."
-
- Participation of industry, government, and consumer groups is essential in
- order to reach an international consensus on appropriate levels of privacy and
- transactional security and how these will be enforced. By significantly
- enhancing consumer trust and confidence in electronic transactions, eTRUST
- will promote the positive growth of electronic communications, especially over
- the Internet.
-
-
- eTRUST
-
- eTRUST is a global initiative whose mission is to establish trust and
- confidence in electronic communication by creating an infrastructure to
- address issues such as privacy and transactional security. The initiative was
- launched in July 1996 by the Electronic Frontier Foundation (EFF) and a group
- of pioneering Internet companies. CommerceNet and the EFF then partnered in
- October 1996 to move forward in implementing the initiative. More information
- about eTRUST and its pilot program can be found at http://www.etrust.org/
-
-
- CommerceNet
-
- CommerceNet is a non-profit industry association and recognized leader working
- to transform the Internet into a global electronic marketplace. Launched in
- April 1994, the Silicon Valley-based organization has over 200 members
- worldwide, including leading banks, telecommunications companies, Internet
- service providers, online services, software service providers and end-users.
- More information about CommerceNet can be found at http://www.commerce.net/
-
-
- Electronic Frontier Foundation
-
- The Electronic Frontier Foundation is a non-profit civil liberties
- organization working in the public interest to promote, privacy, free
- expression, and social responsibility in new media. More information about
- EFF can be found at http://www.eff.org/
-
-
- Contacts:
- Lori Fena
- Electronic Frontier Foundation
- 415-436-9333
-
- Gigi Wang
- CommerceNet
- 415-858-1930 x221
-
- Aaron Feigin
- Fleishman-Hillard, Inc.
- 415-356-1033
-
- ------------------------------
-
-
- Subject: More Public Interest Groups Speak Out Against WIPO Treaties
- --------------------------------------------------------------------
-
- An Open Letter To The Delegates Of The WIPO Diplomatic Conference
-
- December 18, 1996
-
- We are writing to urge the delegates at this diplomatic
- conference to defer final action on the three proposed
- treaties. The discussions so far have just began to shed light
- on many of the problematic areas of the treaties. We believe
- there is much more to be gained from further study, and we are
- concerned that hasty action on novel changes in intellectual
- property laws will lead to many unanticipated problems. In
- this respect, one has to ask why WIPO, a United Nations body,
- is acting as a super Parliament or Congress on issues which
- have never been resolved by national governments through
- traditional lawmaking processes.
-
- While there are many problems with the three treaties,
- allow us to highlight four areas of concern.
-
- 1. The Proposed Rights Of "Reproduction" And "Communication"
- Are Far Too Broad.
-
- In an effort to give copyright owners the broadest
- possible rights, the treaties would give a new right to deny
- authorization of the "direct and indirect" reproduction of a
- work, "whether permanent or temporary . in any manner or form."
- (Treaty 1, Article 7). National exceptions would be allowed
- for some temporary or incidental reproductions, provided that
- the reproductions are "authorized by the author" or otherwise
- permitted by law. It is unclear how broad these exemptions can
- be, or how a patchwork system of national exemptions will
- achieve the international uniformity the treaty seeks.
-
- The starting point for the reproduction rights are so open
- ended that it would be seem to make the memorization of a poem
- a violation of the author's exclusive rights.
-
- The issue of the rights of the public to use computers to
- view, study and analyze works is important. Overbroad
- restrictions on those rights will discourage or impair the
- development of many important and useful new technologies. For
- example, the new smart searching engines on the Internet's
- World Wide Web routinely read hundreds of thousands, if not
- millions of Web pages, in order to create indexes and abstracts
- of articles and other works. These new and important software
- tools will vastly expand our ability to identify and locate
- information.
-
- There is also considerable concern that the "Right of
- Reproduction" (Article 7), combined with the "Right of
- Communication," (Article 10) are written in such a way that
- Internet Service Providers (ISPs) will be liable for
- infringements. Several major ISPs have noted that if they are
- liable for infringements by their customers, they will be
- compelled to engage in intrusive surveillance of private
- communications. This indeed was the concern of eleven CEOs of
- major Internet and Telecommunication firms [1], who wrote
- President Clinton in opposition to the treaties on December 10,
- 1996. http://www.public-domain.org/copyright/11ceos.html
-
- We strongly urge that no treaty be finalized at this time.
- However, we would add that the proposed December 12, 1996
- amendments by the 30 African countries offer a much better
- approach (CRNR/DC/56, Treaty No. 1, Article 7 and Article 10),
- and are preferred to the far too restrictive versions that have
- been advanced by the United States Delegation.
-
-
- 2. The Technological Measures Are Written Too Broadly
-
- Any language in a treaty that prohibits the development
- of new information technologies is problematic, since there are
- likely to be competing public interests. The Chairman's
- provisions, in his December 12, 1996 drafts of Treaty No. 1
- (Article 13), and Treaty No. 2 (Article 22), are far too broad.
- They would make unlawful "any . . . device, product or
- component incorporated into a device or product, the primary
- purposes or primary effect of which is to circumvent any
- process, mechanism or system that prevents or inhibits any of
- the rights under this treaty." (From Treaty 1, Article 13).
-
- Taken with the rest of these deeply flawed treaties, there
- would be an enormous chilling effect on the development of new
- information technologies. For example, the popular Web browser
- Netscape would arguably be an illegal device, not only because
- it is used for reading documents into memory to display them,
- but because it has features which permit the easy reading and
- downloading of source code for HTML documents, as well as
- digital images. Many of us would say that these types of
- features have made an important contribution to the explosive
- growth of the Internet. It is worth noting that more
- restrictive proprietary technologies have withered, having
- failed to compete with the more open Internet model.
-
- Also, the new generation of Internet searching and index
- tools mentioned above would likely be challenged under the
- proposed treaty language.
-
- Again, the language offered as a substitute by the 30
- African countries is a better approach. Countries would be
- required to provide:
-
- adequate legal protection and effective legal
- remedies against the circumvention of effective
- technological measures that are used by rights
- holders in connection with the exercise of their
- rights under this Treaty and that restrict acts, in
- respect of their works, which are not authorized by
- the rights holders concerned or permitted by law.
- (CRNR/DC/56, Treaty 1, Article 13).
-
- The more flexible language offered by the African
- countries would give each nation greater latitude in
- implementing anti-circumvention legislation. This is
- important, given the rapid growth of the Internet, the novelty
- of the technology and the Internet culture, and the need to
- encourage rather than discourage the development of new
- information technologies.
-
- However, we cannot endorse even this approach, at this
- time. The issue of anti-circumvention is not ripe for
- legislation or treaty, given:
-
- - the lack of experience in matters concerning the Internet
- by many legislators or policy makers,
- - the uncertainty concerning the extent to which new
- encryption based technologies can protect rights owners
- without additional legal remedies, and
- - the need to gain a better model for enforcement in a world
- with transnational data flows and radically different
- concepts of fair use of copyrighted materials.
-
- 3. Concerns About Privacy Are Not Specifically Addressed In
- The Treaties.
-
- We come from a tradition of using information products and
- services in ways that are mostly anonymous. The acquisition of
- newspapers, books, recorded music, and listening to broadcast
- television and radio can be done in anonymity. The development
- of cable television, video rental stores, online communications
- and other technologies are leading to an explosive growth in
- the ability of the government and private corporations to
- conduct surveillance of what information we receive or share
- with others. It is essential for a free society that people
- have the practical ability to read and share information with
- friends and colleagues without surveillance. When it is
- possible to take different approaches in protecting copyright
- owners, it is desirable and important to seek those roads which
- are consistent with a significant degree of personal privacy.
- This principle should be specifically addressed in the
- treaties.
-
- As noted above, there are specific concerns about privacy
- in the section of the treaties dealing with the liability of
- ISPs. There is also concern about the degree to which the
- "Rights Management Information" may be used to provide
- mechanisms for tracking document usage. Countries should be
- both permitted and encouraged to limit the types of
- technologies used for "rights management information" in order
- to protect personal privacy.
-
- 4. There Should Be No Actions Taken That Would Give A Radical
- New Property Right To Facts Or Other Public Domain Information.
-
- There is widespread opposition to the concepts underlying
- the proposed database treaty, and no action should be taken at
- this time. As presently drafted, the treaty would give
- sporting leagues the right to license box scores of sporting
- events, give stock exchanges permanent "ownership" of share
- prices and other financial data, define the practice of
- creating abstracts of scientific journals or web pages as an
- infringement of a database extraction right, and create many
- other unintended consequences.
-
- The fact that organizations such as Dun and Bradstreet,
- Bloomberg, and STATS, Inc (sports statistics), vigorously
- oppose the treaty because it goes too far illustrates the
- complexity of this issue. Value added information providers
- are both producers and consumers of information. This proposal
- is so deeply flawed it cannot be salvaged at this conference.
- The controversy over the database treaty should also serve as a
- reminder to the delegates that the public domain in matters
- concerning information is something to be protected and
- cherished.
-
- 5. Closing Comments
-
- In closing, we urge the delegates to reflect upon how the
- unique features of the Internet have contributed to its amazing
- success, and to tread carefully when asked to dramatically
- change the Internet culture. Not only is the Internet a
- flourishing and dynamic place to publish information, as
- evidenced by the astronomical rates of growth in usage and
- published content, but there is scant evidence to suggest that
- there are serious threats to the commercial content industry
- from infringements.
-
- Much of the concern over unauthorized reproductions of
- works on the Internet stem from the very transparency of those
- reproductions, which are visible to everyone, including the
- owners of the works. Indeed, the Internet indexing and
- abstracting tools which are threatened by these treaties offer
- perhaps the best tools yet for identifying and managing
- inappropriate unauthorized reproductions of works.
-
- This transparency of publishing activities on the Internet
- is something new. We are also just beginning to understand the
- engines which drive the dynamic growth of this publishing
- platform. We are forced to re-think and re-examine our ideas
- about fair use and other matters which are central to these ill
- conceived treaties.
-
- Finally, there is great opposition to the treaties by the
- persons who should matter the most - the persons who use the
- Internet, and who are alarmed to the prospects for increased
- surveillance and stifling regulation of new technologies. As
- delegates you should look beyond the multitude of lobbyists who
- have shaped this treaty, and consider the public. We urge you
- to conclude this Diplomatic Conference without taking action on
- any of the treaties.
-
-
- Union for the Public Domain, Computer Professionals for Social
- Responsibility, Consumer Project on Technology, Net Action, Citizen
- Advocacy Center, AIDS Education Global Information System, Visual
- Resources Association, Utility Consumers' Action Network, Alliance for
- Public Technology, Departamento de Informatica - UFPE, GovAccess
-
- Sources of Information about the WIPO Treaties on the Internet:
-
- Against the Treaties:
-
- Union for the Public Domain http://www.public-domain.org
- Digital Future Coalition http://www.dfc.org/dfc
-
- For the Treaties
-
- Creative Incentive Coalition http://www.cic.org
- Information Industry Association http://www.infoindustry.org
-
- For comments on this letter, contact James Love, +1 202 387 8030;
- Home +1 xxx xxx xxxx [redacted for privacy reasons - mech@eff.org];
- love@tap.org
-
-
- Footnotes:
-
- [1] PSI, Net, America Online, Bell Atlantic, BellSouth, Compuserve, MCI,
- MFS Communications, Netcom On-line Communications, NYNEX, Prodigy, UUNET.
-
- ------------------------------
-
-
- 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. The CDA is likely to be found unconstitutional by the
- Supreme Court. But, bowing to pressure from theocratic organization,
- Congress is likely to introduce and attempt to pass a slightly modified
- version. Let your legislators know you will not stand for censorship,
- nor for the wasting of millions of tax dollars on years of Supreme Court
- litigation over laws that should never have even been proposed much less
- passed in a democracy.
-
- Business/industry persons concerned should alert their corporate govt.
- affairs office and/or legal counsel about such censorship measures,
- TODAY, while there is still time to plan.
-
- 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
-
- 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.
-
-
- * 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.
-
- 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 Communications Decency Act:
- http://www.currents.net/congress.html (NB: Some of these folks have,
- fortunately, been voted out of office.)
-
-
- * 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
- articles do not necessarily represent the views of EFF. To reproduce
- signed articles individually, please contact the authors for their express
- permission. Press releases and EFF announcements may be reproduced individ-
- ually at will.
-
- To subscribe to EFFector via email, send message body of "subscribe
- effector-online" (without the "quotes") to listserv@eff.org, which will add
- you to a subscription list for EFFector.
-
- Back issues are available at:
- ftp.eff.org, /pub/EFF/Newsletters/EFFector/
- gopher.eff.org, 1/EFF/Newsletters/EFFector
- http://www.eff.org/pub/EFF/Newsletters/EFFector/
-
- To get the latest issue, send any message to effector-reflector@eff.org (or
- er@eff.org), and it will be mailed to you automagically. You can also get
- the file "current" from the EFFector directory at the above sites at any
- time for a copy of the current issue. HTML editions available at:
- http://www.eff.org/pub/EFF/Newsletters/EFFector/HTML/
- 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 #15 Digest
- *************************************
-
- $$
-