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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, THE NATIONAL COMMUNICATIONS COMPETITION AND INFORMATION

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:

*       OPEN PLATFORM SERVICE

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 SERVICE

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

*       LOCAL COMPETITION: EQUAL ACCESS AND INTERCONNECTION

        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

Exemptions 

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.

*       PROVISION OF VIDEO SERVICES BY TELEPHONE COMPANIES      

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.

*       INTERACTIVE SERVICES AND CRITICAL INTERFACES 

                (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

networks.

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

*       BROADCAST SPECTRUM FLEXIBILITY

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

applicable to broadcast services

*       PUBLIC ACCESS

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.  

*       CIVIC PARTICIPATION ON THE INTERNET

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

TO:  ALL INTERESTED PARTIES

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




 Marty

 -------



                              FOR IMMEDIATE RELEASE



    PSI AND CANTER & SIEGEL NEGOTIATE AGREEMENT ON FUTURE INTERNET ACCESS


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

   applications.


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

		Security

		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


			    SUN USER GROUP

			     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

	number(s).

  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. 


Deadlines:


  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 

						superemus!


------------------------------



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.


------------------------------



Administrivia

=============


EFFector Online is published by:


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Washington DC 20001 USA

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     Stanton McCandlish, Online Activist/SysOp/Archivist 


Reproduction of this publication in electronic media is encouraged.  Signed

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To get the latest issue, send any message to er@eff.org, and it will be

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------------------------------



--------------------------


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End of EFFector Online v07 #11

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$$