EFFector Online Volume org Publicati

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EFFector Online Volume 07 No. 04      Feb. 24, 1994       editors@eff.org
A Publication of the Electronic Frontier Foundation        ISSN 1062-9424

Digital Telephony - FBI "Wiretap Bill" Resurrected
EFF Statement on FBI Draft Digital Telephony Bill
NIST Press Release on Clipper Decisions
FCC ftp site now online
Nat'l Symposium on Arts & Humanities Policies for NII
What YOU Can Do


Subject: Digital Telephony - FBI "Wiretap Bill" Resurrected

The Clinton Administration is backing a proposal by law enforcement
agencies that could make the entire communications infrastructure
this year after being successfully thwarted last year, would require
communications service providers to include "back doors" in their software
through which "wiretapping" can be done.  In addition, the proposal would
can reveal vast amounts of information about you.  EFF is extremely
concerned about this proposal and has prepared the following summary to
explain it and the harm it could do.  More on what *you* can do to fight
the Digital Telephony Proposal will be coming soon.


Subject: EFF Statement on FBI Draft Digital Telephony Bill

EFF has received a draft of the FBI's new, proposed "Digital Telephony"
bill.  After initial analysis, we strongly condemn the bill, which would
enforcement agencies, in real-time, both the contents of all communications
on their networks and the "signalling" or transactional information.  

enforcement with few technical or legal safeguards.  This image is not
nadequacy of current legal and technical privacy protections for users of
communications networks.

Although the FBI suggests that the bill is primarily designed to maintain
fact, it seeks vast new surveillance and monitoring tools.  Among the new

monitor individuals "live".

The bill would require common carrier networks (telephone companies
and anyone who plans to get into the telephone business, such as cable TV
companies) to deliver, in real-time, "call setup information."  In the
to use electronic communications for more and more purposes, however, this
bulletin boards we've dialed, etc. With increasing use of
telecommunications, this simple transactional information reveals almost as
much about our private lives as would be learned if someone literally
followed us around on the street, watching our every move.

We are all especially vulnerable to this kind of surveillance, because,
unlike wiretapping the *content* of our communications, it is quite easy
for law enforcement to get permission to obtain this transactional
nformation.  Whereas courts scrutinize wiretap requests very carefully,
authorizations for access to call setup information are routinely granted
appearing before a court.  

The real impact of the FBI proposal turns, in part, on the fact that it is
easy to obtain court approval for seizing transactional data.

The change from existing law contained in the FBI proposal is that carriers
"live", as the communication occurs,  directly to a remote listening post
nformation, but generally has to install a device (called a 'pen

communication, regardless of location allows tracking of an individual's

The bill requires that carriers be able to deliver either the contents or
transactional information associated with any subscriber, even if that
to identify that location of a target, whether that person is the subject
of a wiretap order, or merely a subpoena for call setup information.

This provision takes a major step beyond current law in that it allows for
a tap and/or trace on a *person*, as opposed to mere surveillance of a
telephone line.

The privacy of electronic communications services such as electronic mail
s also put at grave risk.  Today, a court order is required under the
Electronic Communications Privacy Act to obtain the contents of electronic
mail, for example.  Those ECPA provisions would still apply for the
contents of such messages, but the FBI bill suggests that common carriers
might be responsible for delivering the addressing information associated
a user connects to the Internet over local telephone lines, law enforcement
might be able to demand from the telephone company information about where
the user sent messages, and into which remote systems that user connects. 
All of this information could be obtained by law enforcement without ever

Finally, the bill proposes that the Attorney General have the power to shut
Granting the Department of Justice such control over our nation's
communications infrastructure is a serious threat to our First Amendment


This posting represents EFF's initial response to the new FBI proposal. 
Several documents, including the full text of the proposed bill and a more
EFF's ftp site, as well as an archived copy of this announcement, and
FBI Director Louis Freeh's Digital Telephony speech from late 1993.

This docuemnt is digtel94.announce

The documents can be located via ftp, gopher, or www, as follows:


for gopher, same but replace first part with:

for WWW, same but replace first part with:

The directory also contains older Digital Telephony materials from earlier
ncarnations of the FBI's wiretapping scheme; see digtel92* and digtel93*


Jerry Berman, Executive Director 
Daniel Weitzner, Senior Staff Counsel 

+1 202-347-5400 
+1 202-393-5509 

Basic EFF info: info@eff.org
General queries: ask@eff.org
Membership info: membership@eff.org


Subject: NIST Press Release on Clipper Decisions

(EMBARGOED FOR RELEASE: 3:00 P.M., Friday, Feb. 4, 1994)

                           Fact Sheet
                  NIST Cryptography Activities 

Escrowed Encryption Standard

On April 16, 1993, the White House announced that the President
approved a directive on "Public Encryption Management."  Among
other items, the President directed the Secretary of Commerce, in
consultation with other appropriate U.S. agencies, to initiate a
encryption devices fitted with key-escrow microcircuits in federal
communications systems that process sensitive but unclassified

Department of Commerce's National Institute of Standards and
Technology (NIST) announced the voluntary Escrowed Encryption
Standard (EES) as a draft Federal Information Processing Standard
(FIPS) for public comment.  The FIPS would enable federal agencies
to procure escrowed encryption technology when it meets their
federal agency or private sector use. 

During the public review of the draft standard, a group of
ndependent cryptographers were provided the opportunity to examine
the strength of the classified cryptographic algorithm upon which
the EES is based.  They found that the algorithm provides
of breaking the EES algorithm will be equal to the cost of breaking
the current Data Encryption Standard.  They also found that there
s no significant risk that the algorithm can be broken through a

to this standard were reviewed by NIST.  Nearly all of the comments
misunderstanding or skepticism about the Administration's
Administration has restated that the EES will be a strictly
voluntary standard available for use as needed to provide more
technically sound and to meet federal agency requirements.   NIST
made technical and editorial changes and recommended the standard
for approval by the Secretary of Commerce.  The Secretary now has
approved the EES as a FIPS voluntary standard.
NIST has been selected as one of the two trusted agents who will

federal standard for publiccomment.  Comments were received by NIST
on both technical and patent issues.  NIST has reviewed the
technical comments and made appropriate changes to the draft. 

Algorithm" for which NIST has received a patent application.  The
algorithm forms the basis of the proposed digital signature
for royalty-free availability of the algorithm.   The
Administration has now concluded that a royalty-free
NIST is continuing negotiations with the aim of obtaining a
also will pursue other technical and legal options to attain that

Cooperation with Industry

During the government's review of cryptographic policies and
Security and Privacy Advisory Board to obtain public
nput on a wide range of cryptographic-related issues, including
the key escrow encryption proposal, legal and Constitutional
ssues, social and public policy issues, privacy, vendor and
business perspectives, and users' perspectives.  The Board held
five days of public meetings.  Comments obtained by the Board were
useful during the government's review of these
ssues.  In addition, NIST met directly with many industry and
Frontier Foundation.  

As directed by the President when the key escrow encryption
nitiative was announced, the government continues to be open to
other approaches to key escrowing.  On August 24,
Research and Development Agreement (CRADA) to develop secure
techniques.  Three industry participants have expressed their
nterest to NIST in this effort; however, the government still
NIST now is announcing an opportunity for industry to join in a
CRADA to develop improved and alternative hardware technologies
that contain key escrow encryption capabilities.

Additionally, the Administration has decided to strengthen NIST's
cryptographic capabilities in order to better meet the needs of
U.S. industry and federal agencies.  


Subject: FCC ftp site now online

NEWS                                               News media information  
Federal Communications Commission                            202/632-5050
Washington, D.C.  20554                                      202/632-0002

This is an unofficial announcement of Commission action.  Release of the 
full text of a Commission order constitutes official action.  See _MCI_v._
FCC_, 515 F.2d 385 (DC Circ 1974)

                                                February 22, 1994


        On February 22, the FCC will begin making some of its information
available through Internet.  Starting today, the FCC Daily Digest, the FCC
News Releases, some Public Notices, and speeches by Commission officials
making more of its documents available through Internet. 

        The FCC's Internet address is ftp.fcc.gov

                                - FCC -

Office of Public Affairs contact:  Rosa Prescott at (202) 632-5050.


Subject: Nat'l Symposium on Arts & Humanities Policies for NII


On October 14th, 15th and 16th, the Center for Art Research in Boston will
the National Information Infrastructure.

FOR ACTION and proposed NII (National Information Infrastructure)
legislation on the future of the arts and the humanities in 21st Century

The symposium, which will be held at the American Academy of Arts and
Sciences in Cambridge, Massachusetts, will bring together government
officials, academics, artists, writers, representatives of arts and
cultural institutions and organizations, and other concerned individuals
from many disciplines and areas of interest to discuss specific issues of
coming decades.

To participate, submit a 250-word abstract of your proposal for a paper,

Special consideration will be given to those efforts that take a critical
alternatives to current administration and congressional agendas.

Thank you,
Jay Jaroslav


Jay Jaroslav, Director  jaroslav@artdata.win.net  
CENTER FOR ART RESEARCH  241 A Street, Boston, MA 02210-1302 USA 
voice: (617) 451-8030 fax: (617) 451-1196


Subject: What YOU Can Do

"Relying on the government to protect your privacy is like asking a peeping 
tom to install your window blinds."    

     - John Perry Barlow, EFF co-founder, "Decrypting the Puzzle Palace"

You've been following the newspapers and reading EFFector Online. 
You know that today there are several battles being fought over the future
of personal privacy.  The Clipper Chip, export restrictions, the Digital
Telephony Proposal - the arguments are numerous and complex, but the

The Electronic Frontier Foundation believes that individuals should be
able to ensure the privacy of their personal communications through any
technological means they choose.  However, the government's current
Rep. Maria Cantwell has introduced a bill (H.R. 3627) in the House that
needs vocal support if the bill is to make it out of the committee stage.  

The decisions that are made today will affect our futures indefinitely.  
EFF is a respected voice for the rights of users of online technologies
and EFF members receive regular online updates on the issues that affect
our online communications and particpate in shaping the future.

Now, more than ever, EFF is working to make sure that you are the one that
makes that decision for yourself.  Our members are making themselves heard
on the whole range of issues.  To date, EFF has collected over 4100 letters
of support for Rep. Cantwell's bill to liberalize restrictions on
cryptography.  We also have over 1000 letters asking Sen. Leahy to hold
open hearings on the proposed Clipper encryption standard.

Leahy hearings, you can send your letters to:

cantwell@eff.org, Subject: I support HR 3627
leahy@eff.org, Subject: I support hearings on Clipper

Your letters will be printed out and hand delivered to Rep. Cantwell and
Sen. Leahy by EFF.

You KNOW privacy is important. You have probably participated in our online
campaigns.  Have you become a member of EFF yet?  We feel that the best
opinions heard.  EFF members are informed, and are making a difference. 
Join EFF today!



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End of EFFector Online v07 #04