EFFector Online Volume June org Pub

Found at: gopher.meulie.net:70/EFFector/effect07.11

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EFFector Online Volume 07 No. 11      June 27, 1994       editors@eff.org
A Publication of the Electronic Frontier Foundation        ISSN 1062-9424

ALERT: Open Platform Update - House Vote on HR3636, HR3626 06/28/94
Oregon PUC Request for Comments on ISDN Deployment
House Intelligence Committee Just Says No to Crypto Export
Republican Party Texas Denouces Clipper, DigTel, and ITAR Regs
SunFlash E-Journal Call for Papers: "UNIX and the Law" Symposium
"How Do I Get the Most Current EFFector?"
What YOU Can Do


Subject: ALERT: Open Platform Update - House Vote on HR3636, HR3626 06/28/94

EFF OPEN PLATFORM UPDATE                                   JUNE 27, 1994

        House Prepares to Vote on Landmark Communications Bills
         EFF's Open Platform Language Remains a Central Aspect

        On June 28, 1994, the full House of Representatives will vote on
landmark telecommunications legislation.   Two bills will be considered:
H.R. 3636, the "National Communications and Information Infrastructure Act
of 1994" (which contains EFF's Open Platform Proposal), and H.R. 3626, the
"Antitrust and Communications Reform Act of 1994" (which will  permit RBOCs
- local-loop telephone companies - to re-enter the long distance,
manufacturing, and information services markets).  Together, these bills
than 60 years.  
Both bills are expected to pass easily, but your supporting faxes and
calls to your Representatives are still important.  See ftp.eff.org, 
/pub/EFF/Issues/Activism/govt_contact.list for a full list of Congressional
fax numbers.


H.R. 3636 seeks to promote the development of the National
competition and a new regulatory framework.  The bill would require local
telephone monopolies to provide equal access and interconnection to their
network, remove restrictions preventing telephone companies from providing
video services, and preserve and enhance the universal provision of
telecommunications services at affordable rates.  

There have been no major changes to the legislation since it was
marked up by the Energy and Commerce Committee on March 16, 1994.

Key points of the bill are analyzed below:


EFF believes that open platform service, available to all Americans
n the near-term at low cost, is key to promoting the democratic potential
of the NII.    Open platform service is designed to give residential and
commercial subscribers access to voice, data, and video services over
variety of important applications, including  telemedicine, telecommuting, 
and distance learning.  Open Platform services enable any user on the
network to reach any other user or information source on the network,
vertically integrated network operators.  Today, many carriers are only
building capacity for primarily one-way services such as video-on-demand,
architecture is a strong safeguard against anti-competitive behavior and
nformation sources.
EFF has been working closely with Rep. Markey and other members of
the House Telecommunications Subcommittee to ensure that the open platform

Open platform service, as defined in section 101 (3)(ii) of H.R.

        ...a switched, end-to-end digital telecommunications service that 
        is subject to Title II of [the Communications Act of 1934: Common 
        Carriers]; and that (1) provides subscribers with sufficient 
        network capability to access multimedia information services, 
        (2) is widely available throughout a State, (3) is provided 
        based on industry standards, and (4) is available to all 
        subscribers on a single line basis upon reasonable  request.

Section 102 (d)(3) of H.R. 3636 directs the FCC to conduct an inquiry in
order to determine what regulations and policies are necessary to make open
the inquiry, the FCC is then directed to prescribe regulations to ensure
the deployment of open platform services.  The FCC may also require
carriers to file tariffs for open platform service as soon as such service
s economically feasible and technologically reasonable.
The FCC is also directed to establish procedures for granting carriers a
temporary waiver from complying with the open platform requirements. 
Carriers would be granted a waiver if they could demonstrate that
compliance with the open platform requirements would (1) be economically or
technically infeasible, or (2) would materially delay the deployment of new
facilities with improved capabilities or efficiencies that will be used to
meet the requirements of open platform services.

Access to open platform service at affordable rates is also a key


Universal access to telephone service has long been a cornerstone
of Federal and State telecommunications regulatory policies.  Because
maintaining universal service has not been difficult.  As the ability to
nformation, the need to preserve and maintain universal service becomes
more and more important.  However, as competition in the local exchange
ncreases the diversity of communications services providers, the old
neffective.  H.R. 3636 seeks to establish a mechanism that ensures
universal service is preserved as competition increases in the
telecommunications market.
H.R. 3636 does not attempt to establish a statutory definition of
universal service.  Instead, the bill establishes a process which allows
the definition of universal service to evolve as new technologies and

Federal-State Joint Board to Determine the Definition of Universal Service  

The bill establishes a Federal-State Joint board (composed of
enhance universal service.  In determining the nature and extent of
universal service, the Federal-State board is directed to consider several
factors.  These include the extent to which:
(1) a telecommunications service has, through the operation of market
choices by customers, been subscribed to by a substantial majority
of residential customers; (2) the possibility that denial of access to such
and economic opportunities; (3) such service has been deployed in the
consistent with the public interest, convenience, and necessity.      
The bill states that all providers of telecommunications services


        In order to promote competition in the local telecommunications
market, H.R. 3636 requires local exchange carriers to provide equal access
and interconnection to their networks.  The equal access and
nterconnection requirements will allow competitors, such as cable
companies, long distance providers, and others, to compete with local
telephone monopolies without requiring competitors to build their  local
network from scratch.  

Regulations Required

The bill directs the FCC to establish regulations that require
facilities of a local exchange carrier's network.  Such regulations must
allow a competitor to place any equipment necessary for interconnection to
the network on the premises of a local exchange carrier.  The FCC is also
exchange carrier providing equal access and interconnection.

State Preemptions 

H.R. 3636 preempts existing State and local regulations prohibiting
competition in the local exchange, while maintaining a State's ability to
enforce consumer protection laws, protect public safety and welfare, and

Finally, small and rural telephone companies (those with fewer than
nterconnection requirements unless the FCC determines that complying would
not be unduly economically burdensome, unfairly competitive,
technologically infeasible, or otherwise not in the public interest.


H.R. 3636 removes restrictions preventing telephone companies from
video services within its service area, a telephone company would be
establish a video platform.

Separate Video Programming Affiliate:

H.R. 3636 requires separate video programming affiliates to
maintain separate books and records from their affiliated telephone
company, and conduct its own separate promotion (with certain exceptions). 
The bill also contains prohibitions against cross subsidies.  The separate
affiliate requirements are intended to prevent a telephone from using its

Video Platform

H.R. 3636 requires any common carrier that provides video
video platform.  Any carrier establishing a video platform is required to
carriage.  The FCC is also directed to prescribe regulations to prohibit
video platform providers from imposing discriminatory rates, terms, and
conditions on access to the video platform.

H.R. 3636 also prohibits (with exceptions for small and rural areas) any
common carrier that provides telephone exchange service (or its affiliates)
from purchasing an existing cable system located within its telephone

Extension of Regulations to Other High Capacity Systems

This section extends the video platform requirements of H.R. 3636
to cable systems that operate switched broadband delivery systems.   Such
 discriminating among program providers with respect to carriage, and
are just and reasonable

The FCC is also directed to study whether it is in the public
nterest to extend the video platform requirements to other cable operators
though they may not have switched broadband video delivery systems.

                (SET-TOP BOXES)

The bill states that set-top boxes and other interactive communications
bill states that,  "In order to promote diversity, competition, and
technological innovation among suppliers of equipment and services, it may
be necessary to make certain critical interfaces open and accessible to a
broad range of information providers",  the FCC is directed to identify
"critical interfaces" that allow end users to connect information devices
to networks and information service providers to transmit information to
end users.  

The bill directs the FCC to conduct an inquiry, to examine the
convergence of interactive technologies.   The FCC would examine the costs
and benefits of establishing open interfaces between, on the one hand, the
network provider and the set-top box, and on the other, between network

The bill instructs this FCC to report to Congress within one year
of the date of enactment of this section on the results of its inquiry. 
Finally, the FCC is instructed to make such changes in its regulations as


that would permit broadcasters to use spectrum for "ancillary and or
applicable to broadcast services


H.R. 3636 requires the FCC to prescribe regulations to provide access for
the public on video platforms and cable systems at preferential rates.  The
FCC is directed to determine the appropriate capacity consistent with the
video platform requirements of the bill.  


The bill directs the FCC in consultation with the NTIA, to conduct a study
of policies that will enhance civic participation on the Internet.  In
conducting this study, the FCC and NTIA are directed to request public
comment on whether common carriers should be required to provide citizens

For More information on EFF's Open Platform Proposal, contact
Jerry Berman, Executive Director, 
Danny Weitzner, Deputy Policy Director 
Jonah Seiger, Project Coordinator, 

For the most up-to date version of the bills and the reports, call the
Telecommunications Subcommittee at +1 202 226 2424


Subject: House Intelligence Committee Just Says No to Crypto Export

June 15, the House Intelligence Committee deleted the provisions of the
Export Administration bill (HR3937, formerly HR3627) which would have allowed
the export of all mass-market encryption products and thus eliminated the

The Intelligence Committee substituted the cryptography study previously
adopted by the Senate.  So, instead of getting strong encryption in the
nternational information infrastructure, we'll get a nice big study to

The next phrase of this fight will be in the House Rules committee, which
Committee, which approved the Cantwell bill, and the Intelligence Committee
version, which removed it.  The Rules Committee will decide which version,
f any, goes to the floor of the House for vote.

Stay tuned for further news and action alerts...

The members of the House Rules Committee are listed below.  You may wish
to send them letters and faxes supporting retention of the language
bill passed by the House Foreign Affairs Cmte.

D MA Moakley, John Joseph           1-202-225-8273   1-202-225-7304 Cmte Chair
D SC Derrick, Butler                1-202-225-5301   na
R NY Solomon, Gerald B.H.           1-202-225-5614   1-202-225-1168
D CA Beilenson, Anthony             1-202-225-5911   na
D TX Frost, Martin                  1-202-225-3605   1-202-225-4951
R TN Quillen, James H.              1-202-225-6356   1-202-225-7812
D OH Hall, Tony P.                  1-202-225-6465   na
R CA Dreier, David                  1-202-225-2305   1-202-225-4745
R FL Goss, Porter J.                1-202-225-2536   1-202-225-6820
D MO Wheat, Alan                    1-202-225-4535   1-202-225-5990
R TN Gordon, Bart                   1-202-225-4231   1-202-225-6887
D NY Slaughter, Louise M.           1-202-225-3615   1-202-225-7822


Subject: Oregon PUC Request for Comments on ISDN Deployment

EFF will be filing comments in this inquiry and we encourage all
nterested parties, especially those in Oregon, to do so as well.

Oregon Public Utility Commission
May 26, 1994

The Public Utility Commission of Oregon has been sponsoring a series of
Network (ISDN) in Oregon. Through the workshop process, the Oregon ISDN
exchange carriers (LECs) within the state. The Commission now seeks
comments on ISDN deployment from the work group and any other interested
any issues or concerns not covered in the questions, they are encouraged to
add them to the issues list.

of ISDN? Should the Commission mandate deployment or encourage deployment
to be driven by customer demand?

evolution of, current services?

exclusively for ISDN, or will they be shared by other services? Explain.

Are there plans for making them ISDN-capable? In what time frame?

Explain in detail.

Commission? Please explain.

be provided by ISDN? What are they? Why?

unbundled, or both? Why?

Commission? If tariff filings are required, what should they contain? Why?

apply? Why?

that is conducive to the competitive provision of ISDN? Why? If so, how?

competitively provided ISDN services? Why? If so, how and by whom?

that should be considered by the Commission? If yes, describe each and
explain why.

     Woody Birko
     Oregon PUC
     550 Capitol St. NE
     Salem, OR 97310-1380

and one copy of your comments to everyone on the attached ISDN work group
mailing list. If you are not on the ISDN work group mailing list and would
like to receive a copy of everyone's comments, please call Woody Birko at
(503) 378-6122.

Reply comments should be mailed in a similar manner by August 30, 1994. The
next meeting of the Oregon ISDN work group is tentatively scheduled for
September 14, 1994, to discuss the comments and reply comments and to see
f a unified position paper can be written to the Commission on ISDN

Wolodymyr Birko
Sr. Utility Engineering Analyst
Telecommunications Division
(503) 378-6122


Subject: Republican Party Texas Denouces Clipper, DigTel, and ITAR Regs

over the Internet, the Texas Republican Party has adopted a platform
export restrictions, the FBI's draft wiretapping bill, the Adminstration's
Escrowed Encryption Standard, and overly-broad cryptographic algorithm

This is comes as something of a surprise given the unanimous House
[see previous article in this issue] 

The relevant section of the RPT 1994 Platform is reproduced here:

"Electronic Privacy-The Party believes that no governmental trapdoor
encryption standards should be advanced for use in any civilian
communication system (eg Clipper Chip, Digital Telephony Act) and that the
US patent office should limit the RSA patent to allow individuals to secure
their own communications systems. We believe that encryption systems

More info will follow when available.


Subject: PSI and Canter & Siegel Negotiate Net Access: No Spamming

Date: Thu, 23 Jun 1994 18:19:47 -0400
From: "Martin Lee Schoffstall" 

[This is just an informational forward, and is not an EFF document, nor


                              FOR IMMEDIATE RELEASE


June 23, 1994 - Herndon, VA - Performance Systems International, Inc.
(PSI), of Herndon Virginia, which provides Internet connection services
to more people and organizations than all other providers, today disclosed
that an interim agreement had been reached with Canter & Siegel (C&S), of

Both firms concur that the continuing orderly evolution of the commercial
agreed to the following:

a) C&S will refrain from mass electronic postings of any unsolicited,
   non-contextual, non-topic advertisements to the USENET discussion group
   bulletin board system;   

b) C&S will refrain from mass postings of any unsolicited, non-contextual,
   non-topic advertisements using electronic mail or other TCP/IP Internet

The worldwide Internet and USENET response to Canter & Siegel's activities
ncluding the sending of "mail bombs". PSI has had first hand experience
took a number of steps to remove these damaging situations as they occurred.
While the actions of C&S have been considered by many to be completely
nappropriate, the same is now being said about the actions in response to
C&S. Clearly, the ENTIRE situation needs to be amended and will take many
months, if not years, to settle out.

Better education will be key to Internet evolution with books like "NET
Etiquette" and the Internet Business Association (IBA) of Washington, DC
facilitating those changes. In addition, mediation and discussion instead
of unilateral confrontation, threats, and disconnection will be required
to develop the general framework for operating on the Internet as it continues
to evolve.  Several other application-oriented Internet service providers


Canter & Siegel is located at 3333 East Camelback Road, Suite 250,


Subject: SunFlash E-Journal Call for Papers: "UNIX and the Law" Symposium

From: troll@sug.org (Alex Newman)

[Excerpted from _The_Flordia_SunFlash:_The_Electronic_Journal_for_Sun_Users_
_Since_1988_, Vol. 66, No. 54, June 1994.]

	Theme:  UNIX and the Law
		Computers and Privacy
		UNIX and the Government
		Copyrights and Licensing

        The Sun User Group is pleased to announce its First Annual
        Technical Symposium, which will address the important issues of
        legality and morality that face computer users every day.
        Technical papers and presentations concerning this topical
        issue, as well as other topics of interest to the Sun/SPARC
        community, are invited. Manufacturers of computer equipment and
        software based on SPARC/Solaris technology are encouraged to
        participate in this conference with presentations, and
        technical talks.

                           CALL FOR PAPERS

			     First Annual
		     "UNIX and the Law" Symposium

			 November 14-18, 1994
			      Austin, TX

SUG conferences are attended by members from all over the world.  Past
conferences have drawn upwards of 4000 attendees from 43 countries and
than usual.

Submission Guidelines:

Submissions should be in the form of extended abstracts (750 to 1000
understand and evaluate the submission. Abstracts should include:

  1. 	Author name(s), postal and e-mail address(es), and telephone
  2. 	Presenter name(s), postal and e-mail address(es), and
	telephone number(s).
  3. 	Title of the paper
  4. 	Time needed for presentation/questions. (30,45,60,90 Min.
	time slots)
  5. 	Audio-visual requirements.
  6. 	Student paper entry (Full time students only)

Authors whose submissions are accepted will receive instructions for
the preparation of final papers which will be published in the
conference proceedings. The Presenter will receive one free

            inclusion in the conference proceedings. 


  Abstracts Due:                        July 8, 1993

  Notifications to Authors:             August 22, 1993

  Final Papers Due:                     September 12, 1993

Student Papers:

There will be an award for the best student paper. Be sure to indicate
free registration will be awarded by the Conference Program Committee.

Submit one hardcopy and one electronic copy to the Sun User Group office:

	Sun User Group
	Conference Committee
	1330 Beacon Street
	Suite 315
	Brookline, MA 02146

 Email: office@sug.org   Phone: (617) 232-0514     Fax: (617) 232-1347

The Program Committee will select presentations from among those

S. Lee Henry 		SUG board liaison	Johns Hopkins University

eter Galvin SUG board liason:Brown University

Alex Newman 		SUG liason		Sun User Group

Thematic Track
  Topics directly related to the theme of the program: System
  Security; Software law for businessmen; Copyrights vs Copylefts;
  Encryption Sytems; Public and private keys; Clipper chips; Digital
  signatures; Designing software for export; Carjacking on the
  Information Superhighway;

Mini-Tutorials and Q&A
  These sessions should be designed to directly address Sun user's
  needs.  They could include step-by-step guides to administration,
  networking, programming in various tools, and understanding aspects
  of system operation such as performance and utilities.  Q&A sessions
  are important and interesting to attendees because of their
  interactive, problem solving and question-resolving nature.
  Previous talks in this vein have included "securing your
  environment" and "system administration tips and tricks".

System Administration, System Security
  Talks in this area should address the interests of those who have
  been Sun users for a year or more.  Some of the more in-depth
  topics: mixed environments/mixed operating systems, backups,
  PPP/Slip, automounter, perl, tools for problem troubleshooting, and
  remote off-site administration.

Technical Product Information
  This topic provides a chance for vendors to toot their own
  (technical) horns and describe the compelling technical advantages
  of their products.  Panels of competitive products will be assembled
  when it seems appropriate to do so.  No sales-oriented or
  non-technical talks will be accepted.

Alex Newman		Sun User Group		Heus, Cerebre, quid vis 
troll@sug.org		1330 Beacon St.,	facere hac nocte?
(617) 232-0514 voice	Suite #315		Quod semper noctu facimus, 
(617) 232-1347 fax	Brookline, MA 02146	o Rufo. Conari ut mundum 


Subject: "How Do I Get the Most Current EFFector?"

For those that may have not received an issue due to net.troubles, found
t expired in their newsfeed before they could get to it, or don't wish to
up an infobot (an automated mail reflector, that will send you a file in
Simply send any message to effector-reflector@eff.org (or er@eff.org for
ftp.eff.org, /pub/EFF/Newsletters/EFFector/current will always contain the
most recent issue of this newsletter.   Reminder: the info@eff.org infobot
version of EFF's Guide to the Internet, and pgpkey@eff.org will send you
our PGP 2.6 public key for encrypting sensitive messages (e.g. membership
forms that bear a credit card number) to us.  Queries that need answers
from a real live person should be sent to ask@eff.org.


Subject: What YOU Can Do

"If you say to people that they, as a matter of fact, can't protect their
conversations, in particular their political conversations, I think you
take a long step toward making a transition from a free society to a
totalitarian society."
  - Whitfield Diffie of Sun Microsystems, world renowned cryptographer,
    MacNeil/Lehrer News Hour, Thursday, 4/7/94

Who will decide how much privacy is "enough"?

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
Now, more than ever, EFF is working to make sure that you are the one that
makes these decisions for yourself.  Our members are making themselves heard
on the whole range of issues.  To date, EFF has collected over 5000 letters
of support for Rep. Cantwell's bill (HR3627 - Sen. Murray's companion bill
s S1846) to liberalize restrictions on cryptography.  The bill's
mmediate and vocal support to succeed.  We also gathered over 1400 letters

language, which is in danger of being stripped from HR3937, fax the
members of the House Rules Committee [see above for fax number] immediately!

You KNOW privacy is important. You have probably participated in our online
campaigns.  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.



EFFector Online is published by:

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End of EFFector Online v07 #11