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| | ONline
| THE CISLER REPORT: |
| Steve Cisler writes about | firstname.lastname@example.org
| Computers, Freedom and Privacy II |
| | 155 Second Street
| WHAT A DEAL! | Cambridge, MA 02141
| EFF offers spiffy t-shirts | (617) 864-0665
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COMPUTERS, FREEDOM, AND PRIVACY-2: A REPORT
by Steve Cisler (email@example.com)
[The opinions and views expressed are those of the author, Steve Cisler,
and not necessarily those of Apple Computer, Inc. Misquotes of people's
n electronic form or printing in whole or in part by non-profit
organizations or individuals. Transformations or mutations into
musicals, docudramas, morality plays, or wacky sitcoms remain the right
of the author. This file may be found on the Internet in ftp.apple.com
n the alug directory.
-Steve Cisler, Apple Computer Library.
Internet address: firstname.lastname@example.org ]
The Second Conference on Computers, Freedom, and Privacy, (March
Computing Machinery and thirteen co-sponsors including the American
Library Association and a wide variety of advocacy groups.
The diversity of the attendees, the scope of the topics covered,
and the dynamism of the organized and informal sessions gave me a
nformation, and network issues. I can now view the narrower topics of
concern to me as a librarian in new ways. Because of that it was one of
the best conferences I have attended. But there's a danger of these
ssues being re-hashed each year with "the usual suspects" invited each
time to be panelists, so I urge you, the readers, to become involved and
bring your own experiences to the next conference in 1993 in the San
Francisco Bay Area.
Wednesday, March 18
The day began with concurrent tutorials on the following topics:
Getting on the Net (Mitchell Kapor, Electronic Frontier
Making Information Law and Policy (Jane Bortnick, Congressional
Communications and Network Evolution (Sergio Heker, JVNCNet),
Private Sector Privacy (Jeff Smith, Georgetown University);
Constitutional Law for Non-lawyers (Mike Godwin, EFF);
Computer Crime (Don Ingraham, Alameda County (CA) District Attorney);
Modern Telecommunications: Life After Humpty- Dumpty (Richard
International Privacy Developments (David Flaherty, Univ. of
and the one I attended...
Information Law and Policy: Jane Bortnick,
Congressional Research Service (CRS)
In Bortnick's tutorial, she covered the following points:
1)Setting information policy is not a linear process, and it's
not clear how or when it is made because of many inputs to the process.
2) Many policies sit on the shelf until a crisis, and the right
technology is either in place, or certain people grab it.
3)Events create renewed interest in information policy.
4)Industry, academic, or non-governmental groups play an
mportant role by testifying before committees studying policy and by
5)CRS is the institutional memory for Congress because of the
6) The challenge is to develop policy that does not hinder or
lack of data. The idea is to keep things as open as possible throughout
Bortnick said that the majority of laws governing information
added, and Congress is trying to identify fundamental principles, not
Because of the economic factors impinging on the delivery of
nformation, members of Congress don't want to anger local cable, phone,
or newspaper firms.
To get sensible legislation in a rapidly changing environment you
making bad laws. Nevertheless, in a crisis, Congress can sometimes work
We have to realize that Congress can't be long term because of
annual budget cycles and because of the hard lobbying by local
In making good policy and laws, building consensus is the key.
The current scope of information policy:
-spans broad range of topics dealing with information
collection, use, access, and dissemination
-global warming has a component because new satellites will dump
a terabyte a day: who is responsible for storage, access, adding value
to all of this data?
-many bills have the phrase: "and they will establish a
clearinghouse of information on this topic"
-information policy has increasingly become an element within
-impact of information technologies further complicates debate
-result=more interested players from diverse areas.
Congress has many committees that deals with these issues. CRS
"60 minutes" is broadcast CRS gets many requests for information. from
Jim Warren asked several questions about access to government
nformation. There was a general discussion about how the Library of
Congress would be digitized (size, cost, copyright barriers). It was
noted that state level experiments affected federal activity, especially
the states that are copyrighting their information (unlike the federal
The discussion about Congressional reluctance to communicate via
electronic mail with constituents: a new directory does not even list
nundated with fax communications.
Al Neuharth, The Freedom Forum and founder of USA Today
"Freedom in cyberspace: new wine in old flasks"
Lunch, following the tutorials, was followed by an address by Al
Neuharth. The high points were:
1. First amendment freedoms are for everyone. Newspaper publishers
2. The passion for privacy may make our democracy falter.
3. Publishing of disinformation is the biggest danger, not
Commenting on American Newspaper Publishers Assn. to keep RBOCs
out of information business, Neuharth noted that the free press clause in
the Bill of Rights does not only apply to newspapers. Telcos have first
amendment rights too. "ANPA is spitting into the winds of change", he
there is a lot of turmoil. People should get their news when, how and
yet to demonstrate expertise in information gathering and dissemination;
they have an outmoded allegiance to regulation .
He strongly criticized the use of anonymous sources by newspapers.
Anonymous sources, he said, provide misinformation that does irreparable
Withholding of names encourages fabricating and misinformation. Opinions
and style should not be hidden in news pages but kept on the editorial
Wednesday Afternoon Session: Who Logs On?
Given by Robert Lucky of Bell Labs:
Speaking personally, Lucky covered the following points:
1. Fiber to the home: who pays for it?
The consumers will pay and the consumer will benefit. How much
they will pay and how much they will benefit is what matters.
We must to install wideband switching and we will.The drama is
mainly economic and political, not technical. It will happen in 40
years. Asked what fiber will bring that copper will not, Lucky took the
Field of Dreams approach: supply of bandwidth will create demand.
2. Access and privacy.
This is a personal quandary for Lucky. Intimate communications
for each person. "I like to call anybody from my wrist, but I hate
If you have access, you can't have privacy. The right to be
left alone takes away from the 'right' from other people. Lucky was the
first of many to raise the problems of the FBI recommend legislation,
the Digital Telephony Amendment, that would require re-design of present
network so that surveillance could take place, and that the cost of
find conversations, but you will pay for this. He viewed this with
3. Lucky's observations on the Internet/NREN:
One of the wonderful things is the sense of freedom on the
of freedom of information and freedom of communication, but nobody seems
to pay for it. It just comes. As a member of AT&T, this needs to be
transitioned to a commercial enterprise. Government is not good at this;
ntellectual property lawyers will build walls, and hackers may screw
t up too. "I still want all the freedom in the commercial enterprise."
Linda Garcia of the OTA (Office of Technology Assessment) spoke
about access issues and said it was a cost/benefit problem. Rural areas
businesses, educators, hospitals and pool their demand for a broadband
network. Government could act as a broker or community organizer and
transfer the technology. Rural communities should not be treated the
Connections and Rural America at the Crossroads" for in-depth
treatments of these issues.
Al Koppe of New Jersey Bell outlined the many new services being
--In 1992 there will be narrowband digital service for low
quality video conferencing; in 1994 wideband digital service.
--Video on demand, entertainment libraries and distance learning
applications will be coming along soon after.
--Koppe predicted a 99% penetration by 1999 with complete fiber
by 2010. This will be a public network and not a private one. It will
This is a very aggressive and optimistic plan, an important one
for all of us to watch. Lucky said he had never seen a study that shows
video on demand services can be competitive with video store prices. The
big question remains: how does a business based on low-bandwidth voice
Brian Kahin, Kennedy School of Government, discussed the growth of
the Internet and policy issues:
--points of access for different users
--network structure and current NSFNet controversy
He said the NREN debate is one between capacity (enabling high end
applications) and connectivity (number of resources and users online).
Afternoon Session: Ethics, Morality, and Criminality
Mike Gibbons of the FBI chaired this session which was one of the
central themes for all present. In the same room we had law enforcement
(LE) representatives from state, local, and federal governments, civil
libertarians, and convicted computer criminals, as well as some victims.
The FBI views the computer as a tool, and Gibbons told a story
about the huge raid on Lyndon LaRouche's data center in Virginia where
own hacker story because the audience would appreciate the challenges
that faced him more than LE supervisors without a technical knowledge of
computers would appreciate it. He was also involved in the Robert Morris
Mike Godwin of EFF agrees that it is not ethical to access other
Case involving Craig Neidorf of _phrack_ who felt that his
Bell South pegged the Document cost was $70K because it included the Vax
that document was property at all. LE folks can make good faith
mistakes, but Craig had to spend $100,000 and that the prosecutor and
Secret Service never admitted they were wrong.
Jim Settle from FBI sets policy on computer crime and supervisor
of computer crime squad. Background in Univacs in 1979. There is not a lot
of case law on computer crimes. LE was computer stupid and is not out
there to run over people's rights. They discuss moral issues even when
an action was legal.
Don Delaney of the New York State Police: He has been dealing with
computer crime, and works with companies who have been hit. Every day at
least one corporation has called him. $40,000 to $400K loss in a short
time. He has found glitches in the PBX software; he complained that few
Library was hit. People used binoculars to read the PIN numbers on
caller's cards as they dialed in Grand Central Station. Delaney called
this 'shoulder surfing' and noted that cameras, camcorders, and
binoculars are being used regularly.
Mitch Kapor raised the issue of the Digital Telephony Amendment.
communications on showing probable cause as they did with John Gotti)
Settle of the FBI asked: "What happens if the technology says you can't
allows wire tap. Don Parker of SRI said it is essential to have
The FBI under the Department of Justice has authority to use
tools that law enforcement has, but with the advent of digital telephony
ntercept these digital signals, and this will preclude the FBI and
other LE officials from intercepting electronic communications.
The FBI proposes an amendment to the Communications Act of 1934 to
e able to intercept digital communications. There are a number of parts
to the bill:
1. the FCC shall determine the interception needs of the DOJ and
ssue regulations 120 days after enactment.
2. Service providers and pbx operators to modify existing telecom
thereafter, with penalties of $10,000 per day for willful offenders.
3. Gives FCC the authority to compensate the system operators by
Godwin said he believes that wiretap is okay when procedures are
followed, but you have to decide what kind of society you want to live
n. The FBI asked, "Are you going to say that crime is okay over the
changes to the law would leave cyberspace open to sophisticated
criminals, many of whom have more resources for technology that does the
LE community. For more information on this there is a 10 page
The Evening of Day One:
There were Birds of a Feather (BOF) sessions that were less formal
and with less attendance. Nevertheless, they were some of the high
Where else would one find the law enforcement types switching
Kudos to Mike Gibbons for setting this up.
There was also a panel of hackers (I use the term in the broadest
and non-pejorative sense) including "Emmanuel Goldstein"--the nom de
founder of phrack; Phiber Optik, a young man who recently plea bargained to
a couple of charges; and Dorothy Denning, chair of the CS department at
Goldstein (this was a character in Orwell's 1984 who was a front
for the establishment!) sees hackers as intellectuals on a quest for
bugs which, when corrected, help the system owner.He is extremely
frustrated over media treatment of hackers, yet he was open to a
Japanese camera crew filming the casual meetings of 2600 readers that
took place in the hotel lobby throughout the conference. He said that
As an example of lax system management there was a military
computer during the middle east war had a password of Kuwait'. Don
Many of the hackers and publishers strongly believed that
"knowing how things work is not illegal." The current publisher of Phrack
Most librarians would agree, but much of the problem was what some
machine on the Net and complained that answers to technical questions
cost $100 per hour on the Next hotline.
Electronic Money: Principles and Progress
Eric Hughes, DigiCash
Electronic money uses public key encryption. People can recognize
your digital signature, but cannot read it. The goal is to create a bank
on the Internet that only uses software and affords the user complete
anonymity. There is the bank, the buyer, and the seller. Money flows
from the bank in a money loop. Bank does not know what is signs but it
knows that it did sign it and will honor the electronic check. This would
allow financial transactions and privacy for the buyer.
In a library setting this would mean I could buy an item
electronically (a document, image, code) and nobody could link it with
my name. My buying habits would be private, and a person roaming through
the transactions might see that someone purchased the computer simulation
"Small furry animals in pain" but would not know the name of the
Doing private database queries will become more and more important
as the network is used for more business activities. The DigiCash scheme
unlinkability is very important.
In the discussion session the issue of drug lords using the system
and most would be far less. A British attendee said that stores had to
keep extensive records for VAT tax audits, so EEC and US regulations
Thursday Morning Sessions
For Sale: Government Information
This was staged as a role playing advisory panel where a grad
nterests and then tried to answer the pointed questions from George
Trubow of John Marshall Law School.
Dwight Morris (LA Times):
His job is to get government data and turn it into news stories.
He noted that the FOIA is a joke; it's a last resort. Vendors are foia-ing
the agencies and then trying to sell those foia requesters software to
Ken Allen of the Information Agency Association:
The government should not elude the appropriations process by
against exclusive contracts.
Mitch Freedman,Westchester Co. Library ALA Coordinator for Access to
Are many people asking for access for this information, or will
the coding benefit many users in the long run? He mentioned of WINDO
Franklin Reeder, Office of management and Budget:
He observed that unusable databases in raw form mean that choice
of format is irrelevant. There may be broader demand for this information,
and the database should be provided with interfaces for many users.
Government agencies should not turn to information provision for
Costin Toregas, Public Technology, Inc.--owned by cities and counties in
U.S. and Canada:
We should re-examine our language when discussing information and
access. How do you recover the costs of providing the new technological
access mechanisms. The provision of this should be high priority.
Robert Belair, Kirkpatrick and Lockhart, deals in FOIA and privacy
Choice of format is an issue, and in general we are doing a bad
fees from government agencies--even more than the lawyer fees!
Denning: no view of where technology is taking us. Why not put the
FOIA information online?
Freedman says the Owens bill handles this.
Weingarten says that one agency is planning for a db that has no
equipment to handle it yet.
Belair: we will get change in FOIA and the Owens bill is good.
Toregas: A well-connected community is crucial.
Harry Goodman asked Ken Allen if he still believed that "libraries
be taken off the dole."
Allen denied he said this but Goodman had it on tape! Allen said
best way to provide the access to information. Allen says it should be by
Glenn Tenney, running for Congress in San Mateo County (CA), said
Congress and to buy it would have cost thousands of dollars.(
Ken Allen replied that a private company had developed the
nformation from raw material, but others thought this was basic
nformation that should be available to all citizens. Other people
Free Speech and the Public Telephone Network
Jerry Berman of the EFF:
--Do telcos have the right to publish over their own networks?
--What are the implications of telcos as newspapers vs. telcos
as common carrier? Aren't safeguards needed to compel free access for all
--There is already discrimination on the 900 services (provision
or billing for porno businesses).
--When the public finds out what is on the network, there will
be a big fight.
--Will we follow the print model or the broadcasting model?
--How can a new infrastructure secure a diversity of speech and
more participants, and how we can break the deadlock between cable,
Henry Geller, Markle Foundation (FCC/NTIA) :
-- The key is the common carrier nature of the telephone
networks and that they should carry all traffic without determining what is
--Congress can't chose between warring industries, so it won't
act on some of these telecomm issues.
--Broadband area: if the bits flowing are TV programming, the
telco is forbidden to provide. Print model is a good one to follow, not
the cable or broadcast model. He mentioned CNN's squelching of NBC
John Podesta (Podesta Associates):
--There are forces that are trying to push messengers off the
--We need a network with more voices, not just those of the
--We will be faced with censorship by the government and network
owners (MCI, US West);
--There will be more invasion of privacy
Six things have to happen:
1. More competition via open platform. Personal ISDN at low
2. Structural safeguards
3. Common carriers should be content neutral when providing access
4. Originators should bear responsibility for obscene or salacious
5. Protect net against invasion of privacy. Debate is whether it
6. Don't adopt broadcast or cable model for network; both are more
Bob Peck (ACLU):
--Government ban on RBOCs providing information is a first
amendment issue, but there is also an issue of access. How do we make
--The Rust vs. Sullivan decision could affect network use;
abortion clinics could not answer any questions about the topic. US
Govt. claimed: "We paid for the microphone; we just want to be able to
control what is said." This is being argued in other cases by DOJ
and should be resisted.
Eli Noam (NYU):
--Coming from state government he tried to be an oxymoron, a
"forward-looking state utility commissioner".
--Telcos say: If anyone can use the common carrier, why not
--Free speech is rooted in the idea of scarcity and restraints
--When you have 9000 channels, who cares?
--There will be no scarcity. He predicts people will be video
literate. Video will have new obscene phone calls.
--We are over-optimistic about the short term and too cautious
about long term effects.
--Telecommuting is already happening on a significant scale.
--We will have telecommunities, subcultures of special interest
--Our political future is based on jurisdiction. Is there a new
form of political entity emerging that transcends time zones?
--Information glut: The key issue will be how you filter and
--Handling the information will be a big issue.The user's brain
s the ultimate bottleneck.
--Internet news is about 18 MB a day.
--Screening will be by the network itself or by user groups and
--Rights of individuals vs. the governments. Is the first
amendment a local ordinance?
--We need power over international interconnection. Fly the flag
Lunch with Bruce Sterling
Bruce Sterling, author of The Difference Engine (with William
Gibson) and a new title, The Hacker Crackdown, gave an outstanding
not at CFP-2.
--The Truly Malicious Hacker:
"Your average so-called malicious user -- he's a dweeb! He
can't keep his mouth shut! ....Crashing mainframes-- you call that
malice? Machines can't feel any pain! You want to crash a machine, try
t's pig-easy, and there's *nothing* in the way of security. Personally
--A narco-general who has discovered the usefulness of his
contacts with the North American law enforcement communities--and their
"These databases that you American police are maintaining.
Wonderful things....The limited access you are granting us only whets
our appetite for more. You are learning everything about our
criminals....However, we feel that it is only just that you tell us
about your criminals.....Let us get our hands on your Legions of Doom. I
know it would look bad if you did this sort of thing yourselves. But you
--A data pirate from Asia:
"The digital black market will win, even if it means the
collapse of your most cherished institutions....Call it illegal, call it
matter; those are only words and words are not as real as bread. The only
question is how much suffering you are willing to inflict on yourselves,
and on others, in the pursuit of your utopian dream."
Sterling's speech was a hilarious, yet half-serious departure from
the usual fare of conferences and is well worth obtaining the audio or
video cassette. I also recommend you attend the American Library
Association conference in late June 1992 when Sterling will address the
Who's in Your Genes
Who's in Your Genes was an overview of genetic data banking, and a
the interests of third parties. DNA forensic data banks and use of
chair. Panelists included John Hicks, FBI Lab; Paul Mendelsohn,
Neurofibromatosis, Inc.; Peter Neufeld, Esq.; Madison Powers,
Kennedy Center for Ethics, Georgetown University.
Private Collection of Personal Information
This was another role-playing session where the participants took
establishment of a data protection board (as proposed by Congressman
Wise in H.R. 685d).
Janlori Goldman of the ACLU enthusiastically embraced the role of
from the fictitious private enterprises who were planning a supermarket
"It would be good to come to the board before you start the
bureaucrat. "Bring your papers and come on in to discuss your project.
Let's keep it informal and friendly this time to prevent the more formal
meeting." She even alluded to making subpoenas and getting phone
assurances of confidentiality in their discussion, and even though this
board would be useful, changed their mind by the end, partly because of
At the Q&A session about 25 people dashed for the microphones,
making this session the most provocative of all. At least it touched a
chord with everyone.
On the evening of March 19, the Electronic Frontier Foundation
most to advance liberty, responsibility, and access to computer-based
communications. I was honored to serve as a judge and read the large
number of nominations. Each person or institution made a strong
mpression on me, and it was difficult to narrow it down to five people.
The recipients each made a very moving statement after they were called
to the podium by Mitchell Kapor of the EFF.
Privacy and Intellectual Freedom in the Digital Library
Bob Walton of CLSI, Inc.
Walton discussed the transformation of libraries as collections of
books into digital libraries with falling technological costs and
volatile questions of intellectual property and reimbursement.
Gordon Conable, Monroe (MI) County Library system, spoke of
libraries as First Amendment institutions, ones where Carnegie saw the
of digital information are quite different, and this causes problems, as
I spoke about the case of Santa Clara County (CA) Library
children checking out videos he thought should be restricted. It was a
to the California State Librarian presented a unified front in the face
of opposition from some parts of the community and the San Jose Mercury
News, the local paper that waffled somewhat on its own stance.
Jean Polly of Liverpool Public Library spoke about the problems
library as an Internet node) and her plans for the future.
Who Holds the Keys?
In a sense the cryptography discussion was one of the most
nto view by the end of the session. The two sides are personal privacy
and national security. Should the government be allowed to restrict the
use of cryptography? (Only weakened schemes are allowed to be legally
exported.) What legal protections should exist for enciphered
David Bellin of the Pratt Institute stood up and spoke in code. He
thought encrypted speech was protected and that he should have the right
to associate with his peers through encryption (to prevent snooping). He
and one end and freedom at the other.
Jim Bidzos of RSA Data Security said we need a review of
cryptographic policy. The long term effects of the current
confrontational relationship will be bad. John Gilmore of Cygnus Support
felt that the public should discuss cryptographic issues and not behind
closed doors. This is a good time for network people, manufacturers, and
the government to work together. John Perry Barlow sees encryption as an
answer to the problem of having lots of privacy. Using the drug war
Microsystems gave an excellent overview of the philosophy of encryption
and why it's important as we move from face-to-face communications to
electronic. There are a number of policy problems:
--a bad person might be able to protect information against all
assaults. In a free society a person is answerable for your actions,
but a totalitarian society uses prior restraint. What will ours become?
--Can a so-called 'free society' tolerate unrestricted use of
cryptography? Because cryptography can be done on standard processors
enforcement of a strong anti-crypto law would require drastic measures.
I asked Jim Bidzos about the government agencies beating their
Soviet threat. He thought NSA could use budget hearings to say that with
a lean/mean military budget, a modest increase in crypto capability
might give the government more lead time in an emergency.
One member of the audience challenged Bidzos to go ahead and
export RSA outside of the US. Barlow responded "Come on, Jim. The
Russians are already using RSA in their launch codes." To
Barlow answered, "You would not have gotten any royalties
from them anyway." Bidzos: "Maybe..."
With only a partial understanding of some of the technology
nvolved (cryptography is a special field peopled mainly by
mathematicians and intelligence officials), I think that this will be
the issue of the 90s for libraries. It may be a way to protect both privacy
and intellectual property in the digital libraries of the future.
Public Policy for the 21st Century,
moderated by Mara Liasson, National Public Radio
"How will information technologies alter work, wealth, value,
two?... What public policies now exist that may pull the opposite
breakage if not addressed properly?"
Peter Denning, George Mason University:
People used to have faith that strong governments would bring
the decline of the faith.
He sees digital media as the printing press of the 21st century.
The WELL and others make us realize we are not prisoners of geography,
technologies of computers. "Individuals flourish from mass society with
this technology" Openness, freedom, inclusiveness will help us make a
Simon Davies, Privacy International:
"There is possibly a good future, but it's in the hands of
billion) becomes the beast. It will be something most of the world will
Esther Dyson, EDventure Holding, Inc.:
She thinks that cryptography is a defensive weapon. The free-
flow of cryptic information is dangerous to the powerful. She want more
markets and less government. Large concentrations of power makes her
minority(disagreeing with Davies). We don't have one global villages but
many. How do we avert tribalism of class?
Roland Homet, Executive Inc.:
Homet was more conciliatory. America has a penchant for ordered
liberty. It uses toleration and restraint to keep forces working
Lance Hoffman, of the George Washington University and organizer of the
conference, deserves a great deal of credit for a smooth running yet
exciting three days.
There will be a CFP-3 in the San Francisco area next year. If you find
these issues to be a major force in your professional life, we hope you
End of Report/ Steve Cisler email@example.com
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