EFFector Online org Publication of

               //////////////  //////////////// //////////////

            ////             ////             ////

_________ /////////________ /////////_______ /////////________________

        ////               ////             ////

      //////////////////  ////             ////

//////////////////////////////////////////////////////////////////////

EFFector Online 4.03          12/23/1992               editors@eff.org

A Publication of the Electronic Frontier Foundation     ISSN 1062-424

THE NEW, STREAMLINED BILL O' RIGHTS by John Perry Barlow

CRACKER BREAKS INTO ATHENA @ MIT: The Security Alert

EFF'S LEGISLATIVE WATCH by Shari Steele

                     -==--==--==-<>-==--==--==-

                        The New, Streamlined

                           BILL O' RIGHTS

        (As amended by the recent federal & state decisions)

Amendment 1

Congress shall encourage the practice of Judeo-Christian religion by 

ts own public exercise thereof and shall make no laws abridging the

freedom of responsible speech, unless such speech contains material 

non-Europeans, non-males, differently-abled or alternatively 

assemble, unless such assembly is taking place on corporate or 

military property or within an electronic environment, or to make 

Amendment 2

A well-regulated Militia having become irrelevant to the security of 

the State, the right of the people to keep and bear Arms against one 

another shall nevertheless remain uninfringed.

Amendment 3

No soldier shall, in time of peace, be quartered in any house, 

Amendment 4

The right of the people to be secure in their persons, houses, 

be suspended to protect public welfare, and no Warrants need be 

ssued, but upon the unsupported suspicion of law enforcement

officials, any place or conveyance shall be subject to immediate 

them may be permanently confiscated without further judicial proceeding.

Amendment 5

Any person may be held to answer for a capital, or otherwise 

nfamous crime involving illicit substances, terrorism, or child pornography,

or upon any suspicion whatever; and may be subject for the same 

offense to be twice put in jeopardy of life or limb, once by the 

State courts and again by the Federal Judiciary; and may be 

compelled by various means, including interrogation or the forced submission of 

breath samples, bodily fluids, or encryption keys, to be a witness 

against himself, refusal to do so constituting an admission of guilt; 

and may be deprived of life, liberty, or property without further 

legal delay;  and any property thereby forfeited shall be dedicated 

to the discretionary use of law enforcement agents.

Amendment 6

He is entitled to the Assistance of underpaid and incompetent 

Counsel to negotiate his sentence, except where such sentence falls under 

federal mandatory sentencing requirements.

Amendment 7

unlimited resources to spend on legal fees, the right of trial by 

Amendment 8

Sufficient bail may be required to ensure that dangerous criminals 

nflicted.

Amendment 9

The enumeration in the Constitution, of certain rights, shall not be 

construed to deny or disparage others which may be asserted by the 

Government as required to preserve public order, family values, or 

national security.

Amendment 10

The powers not delegated to the United States by the Constitution, 

Treasury, except that the States shall have the right to ban 

abortions.

                                          Derived by J. P .Barlow

                                               New York, New York

                                                December 21, 1992

                     -==--==--==-<>-==--==--==-

                     Our Farflung Correspondents

From: Roland H. Pesch 

To: junk@cygnus.com

Subject: 20 years of progress in Scotts Valley, CA

A front-page story (headlined "High tech, high crimes") in today's

Santa Cruz Sentinel features a fascinating quote from the Chief of

   "It's all new", says Scotts Valley Police Chief Steve Walpole.

   "Twenty years ago, who would have thought you could arrest 

    someone for what's in his head?"

                     -==--==--==-<>-==--==--==-

MIT Discovers Athena Security Breech

Recently, the MIT Information Systems staff discovered that one of 

the Institute's Athena dialup servers had been compromised through an

unauthorized modification of the machine's system software.

two months to telnet to other machines, read on. Your

accounts on other machines may have been compromised.

Specifically, each time the telnet command was executed on this 

Athena dialup machine the userid, password, and name of the system to 

unauthorized user.  This individual is now in a position to use the 

captured information to gain access to other systems.   Our official 

telnet program was in place, over 4000 individuals used this particular

this machine within the past two months may have had their accounts on 

other machines compromised. 

Check your username

To determine whether you are among the 4000 individuals most at 

locker. From your Athena account, at the athena% prompt, type:

attach info

/mit/info/checkmyid

Change your password

We recommend that all Athena users change their passwords frequently -

once a semester is recommended.  If checkmyid verifies that you are 

one of the 4000 people who used this specific dialup server during the 

last two months, we STRONGLY recommend that you change your 

using telnet are compromised.

Your new Athena password should be at least 6 characters long, and can

contain any combination of UPPER- and lower-case letters, numbers, 

or other symbols that appear on the computer keyboard. For further

nformation on choosing a secure password, see Athena's On-Line

Help Service.

Alert others

ncluding Athena workstations in faculty offices - to which you may

account to compromise those machines as well.

The individual who compromised our system used a pattern of attack

dentical to one used by an individual operating from outside the

MIT community to attack a number of systems across the country during 

the past year.  In all likelihood, if you are among those whose accounts

files.

This individual's mode of operation is believed to be limited to

breaking into accounts for the sole purpose of discovering any 

userids and passwords stored there to enable him to break into additional

We sincerely apologize for the inconvenience this causes our user

community. We have taken immediate steps to eliminate this 

attacks in the future.

to  or contact your Athena cluster manager.

                     -==--==--==-<>-==--==--==-

                       BBS Legislative Watch

             Legislation from Last Congress that May Affect

                   Your Online Communications

                 by Shari Steele (EFF attorney)

For those of us communicating electronically, it is often hard to see

any positive impact on our lives online.  But laws that can have great

effect on our online rights are constantly introduced and modified in

the United States Congress and local legislatures, and last year was 

no exception.  While the 102nd Congress is now history, here is a sample 

of the legislation introduced over the past year that will likely affect

those of us building communities on the electronic frontier.

Threats to Privacy

FBI's Wiretapping Proposal Thwarted

telephone companies, the FBI proposed legislation to amend the

Communications Act of 1934 to make it easier for the Bureau to 

Telephony," would have required communications service providers 

and hardware manufacturers to make their systems "tappable" by 

communications.  Furthermore, this capability would have to be 

any communications between other parties, regardless of the mobility of 

the target of the FBI's investigation, and without degradation of service.

The security risks are obvious; if law enforcement officers can "tap"

nto a conversation, so can others with harmful intent.  The privacy

mplications are also frightening.  Today, all sorts of information

about who we are and what we do, such as medical records, credit reports

and employment data, are held on electronic databases.  If these

nformation could potentially be accessed by anyone tapping in.  To add

nsult to injury, the FBI proposal suggests that the cost of providing

this wiretapping "service" to the Bureau would have to be bourne by 

the service provider itself, which ultimately means you and I will be 

The Electronic Frontier Foundation organized a broad coalition of 

Responsibility (CPSR) and the ACLU to AT&T and Sun MicroSystems, 

to oppose the legislation.  A white paper produced by EFF and ratified 

by the coalition, entitled, "An Analysis of the FBI Digital Telephony

California), chairs of two key committees, referred to the EFF paper as they 

Senate, "Our goal is to assist law enforcement," but "without jeopardizing

technologies."  The Justice Department lobbied hard in the final days 

to get Congress to take up the bill before Congress adjourned, but the 

bill never even found a Congressional sponsor (and was therefore never

officially introduced).  The FBI will almost certainly reintroduce

"Digital Telephony" when the 103rd Congress convenes in January.

Cellular Scanners Prohibited

The wrong solution won out as Congress attempted to protect the 

amended the Communications Act of 1934 with the FCC Authorization Act of

manufacture and importation of scanning receivers capable of:  

transmissions, or being equipped with decoders to convert digital

cellular transmissions to analog voice audio.  While privacy 

communications carried over the airwaves.

Unable to stop the scanner ban, EFF worked with Representative 

Edward Markey (D-Massachusetts) and Senator Ernest Hollings (D-South 

Carolina) to add an amendment to the legislation requiring the FCC to study 

the impact of this law on privacy.  Sometime in 1993, the FCC must also

conduct a public inquiry and issue a report on alternative means for

encryption.

Threats to Free Speech

Federal Agency to Study Hate Crimes on BBSs

Recognizing that electronic media have been used more and more 

often to spread messages of hate and bigotry, Congress mandated the 

National Telecommunications and Information Adminstration (NTIA) to 

conduct a study on "the role of telecommunications in crimes of hate and 

violent acts against ethnic, religious, and racial minorities."  Computer

bulletin boards are specifically mentioned as one of the targeted 

media to be studied under the Telecommunications Authorization Act of 

cautioned NTIA to be sensitive to privacy concerns while conducting the study. 

A report on the results of the study will be presented to the Senate

before the end of June, 1993.

Congress Regulates Video Transmissions

Much has been written about the passage of the Cable Television 

Consumer Protection and Competition Act of 1992, more commonly known as 

the "Cable Act."  While specifically designed to regulate rates, establish

customer service requirements and prevent unfair competition for 

cable television providers, the Cable Act may have broader implications for

those of us communicating online.  The communications networks of 

the future will include video and data transmission, as well as the voice

transmission we are now used to using over the telephone lines.  The

Cable Act is Congress's first attempt to regulate the wire/cable

transmissions that will make up our networks of the future.  EFF is

currently studying the implications of this legislation, specifically as

t applies to free speech over the network.

Threats to the Public's Right to Government Information

Fees Charged for Use of Government BBS

Congress passed a law permitting the Federal Maritime Commission 

to charge user fees on its Automated Tariff Filing and Information 

System (AFTI).  The law requires shippers, freight forwarders, ocean carriers

and third-party information vendors to pay 46 cents for every 

minute they are connected to the government-sponsored electronic database.

EFF joined with many other groups, including library groups, the

opposing this legislation.  EFF and the others fear that this precedent

of allowing the government to charge citizens more than the 

formats.

Federal Employees Denied Copyrights for Government Software

EFF joined with several other organizations to successfully stop the

Technology Transfer Improvements Act in a Senate committee after 

t had passed in the House of Representatives.  This Act would have allowed

the federal government to claim copyright in certain computer software

created by federal employees working with non-federal parties.  

Because so much government information is stored only in computerized 

formats, EFF and the others, including the Software Publishers Association,

American Library Association, and Information Industry Association, 

obtain and use government information that he or she has the right 

to obtain and use.

Reproducing Copyrighted Software Now a Felony

Under the strong lobby of the Software Publishers Association, Congress

met. According to the statute, any person who makes 1) at least ten copies 

than $2500, can be imprisoned for up to five years and/or fined

$250,000.  In order for the infringement to be a criminal violation,

commerical advantage or private financial gain."  While the term

"willfully" is not defined in the statute, previous criminal court cases

on copyright law have held that the person making the copies must 

llegal (in fact, they are usually encouraged by software providers),

and therefore do not fall under the scope of this statute.

Like most of us, EFF is concerned about the ramifications of this

legislation.  While the statute itself provides safeguards that seem to

mproper application of the law could result in extreme penalties for

Network Access for All

Commercial Users Given Internet Access

Congress gave the National Science Foundation (NSF), the agency

overseeing the Internet, the authority to relax some of its access rules

ncluding commercial information.  The Internet has been an educational

and research-oriented network since the 1980s.  Over the past few 

years, however, the Internet has become increasingly open to non-

educational and commercial uses.  The National Science Foundation Act was 

amended to encourage an increase in network uses that will ultimately support

While the amendment was still being considered by the House Science

Subcommittee, chaired by Representative Richard Boucher (D- Virginia),

EFF's President, Mitch Kapor, argued for more flexible rules to spur

contentions, Representative Boucher sponsored the amendment as it 

Tennessee) championed it in the Senate.  EFF lobbied to convince potential

congressional and industry opponents that the legislation would

facilitate, not impede, wider access to the Internet.

EFF's Open Platform Proposal Introduced

This past Fall, Mitch Kapor testified before the House Subcommittee 

on Telecommunications and Finance about the perceived dangers of 

To combat the fear that the Bells would engage in anticompetitive 

behavior, EFF proposed an information network for the near future that would 

be affordable, equitable, and easily-accessible (EFF's Open Platform

Legislation was circulated near the end of Congress which included 

the Open Platform Proposal.  The proposed legislation, entitled the

"Telecommunications Competition and Services Act of 1992," was 

Markey and would give government support to anyone moving forward to 

n turn, would pave the way for a broadband network requiring

telecommunications infrastructure modernization in the future.  This

next Congress, especially since President-elect Clinton and Vice-President-

elect Gore have committed themselves to an infrastructure of 

nformation highways.

As you can see, Congress has been very busy creating legislation that

may affect your lives online.  Next month, we will make some 

ts efforts.

Shari Steele is a Staff Attorney with the Washington office of the

Electronic Frontier Foundation (EFF). Steele can be reached at

                     -==--==--==-<>-==--==--==-

         THE SECOND ANNUAL INTERNATIONAL EFF PIONEER AWARDS:

                       CALL FOR NOMINATIONS

                     Deadline: December 31,1992

expanding knowledge,freedom,efficiency and utility. Along the electronic 

frontier, this is especially true. To recognize this,the Electronic Frontier

Foundation has established the Pioneer Awards for deserving 

ndividuals and organizations.

The Pioneer Awards are international and nominations are open to 

all.

D.C. The winners were: Douglas C. Engelbart of Fremont, California;

Robert Kahn of Reston, Virginia; Jim Warren of Woodside, California; 

Tom Jennings of San Francisco, California; and Andrzej Smereczynski of

Warsaw, Poland.

The Second Annual Pioneer Awards will be given in San Francisco,

California at the 3rd Conference on Computers, Freedom, and Privacy

n March of 1993.

All valid nominations will be reviewed by a panel of impartial judges

chosen for their knowledge of computer-based communications and 

the technical, legal, and social issues involved in networking.

There are no specific categories for the Pioneer Awards, but the

following guidelines apply:

   1) The nominees must have made a substantial contribution to the

      health, growth, accessibility, or freedom of computer-based

      communications.

   2) The contribution may be technical, social, economic or cultural.

   3) Nominations may be of individuals, systems, or organizations in

      the private or public sectors.

   4) Nominations are open to all, and you may nominate more than one

      recipient. You may nominate yourself or your organization.

   5) All nominations, to be valid, must contain your reasons, however

      brief, on why you are nominating the individual or organization,

      along with a means of contacting the nominee, and your own contact

      number. No anonymous nominations will be allowed.

   6) Every person or organization, with the single exception of EFF

      staff members, are eligible for Pioneer Awards.

   7) Persons or representatives of organizations receiving a Pioneer

      Award will be invited to attend the ceremony at the Foundation's

      expense.

You may nominate as many as you wish, but please use one form per

nomination. You may return the forms to us via email to

             pioneer@eff.org

You may mail them to us at:

             Pioneer Awards, EFF,

             155 Second Street

             Cambridge MA 02141.

You may FAX them to us at:

             +1 617 864 0866

Just tell us the name of the nominee, the phone number or email address

at which the nominee can be reached, and, most important, why you 

feel the nominee deserves the award.  You may attach supporting

number.

We're looking for the Pioneers of the Electronic Frontier that have 

made and are making a difference. Thanks for helping us find them,

The Electronic Frontier Foundation

                   -==--==--==-<>-==--==--==-

         MEMBERSHIP IN THE ELECTRONIC FRONTIER FOUNDATION

becoming a member now. Members receive our bi-weekly electronic

newsletter, EFFector Online, the @eff.org newsletter

and special releases and other notices on our activities.  But because

things even if you do not elect to become a member.

Our memberships are $20.00 per year for students, $40.00 per year 

for regular members.  You may, of course, donate more if you wish.

Our privacy policy: The Electronic Frontier Foundation will never, 

under any circumstances, sell any part of its membership list.  We will, 

from time to time, share this list with other non-profit organizations 

explicit permission, we assume that you do not wish your 

membership disclosed to any group for any reason.

---------------- EFF MEMBERSHIP FORM ---------------

Mail to: The Electronic Frontier Foundation, Inc.

    155 Second St. #41

    Cambridge, MA 02141

    $20.00 (student or low income membership)

    $40.00 (regular membership)

    $100.00(Corporate or company membership.

    This allows any organization to

    become a member of EFF. It allows

    such an organization, if it wishes

    to designate up to five individuals

    within the organization as members.)

    I enclose an additional donation of $

Name:

Organization:

Address:

City or Town:

State:     Zip:    Phone:(    )     (optional)

FAX:(    )    (optional)

Email address:

to my Mastercard [  ]     Visa [  ]    American Express [ ]

Number:

Expiration date:

Signature:

Date:

other non-profit groups from time to time as it deems

appropriate   [  ]  .

      Initials:

Your membership/donation is fully tax deductible.

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

     EFFector Online is published by

     The Electronic Frontier Foundation

     155 Second Street, Cambridge MA 02141

     Phone: +1 617 864 0665 FAX: +1 617 864 0866

     Internet Address: eff@eff.org

 Reproduction of this publication in electronic media is encouraged.

 Signed articles do not necessarily represent the view of the EFF.

 To reproduce signed articles individually, please contact the authors

 for their express permission.

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

     This newsletter is printed on 100% recycled electrons.