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EFFector Online Volume 07 No. 04      Feb. 24, 1994       editors@eff.org

A Publication of the Electronic Frontier Foundation        ISSN 1062-9424

Digital Telephony - FBI "Wiretap Bill" Resurrected

EFF Statement on FBI Draft Digital Telephony Bill

NIST Press Release on Clipper Decisions

FCC ftp site now online

Nat'l Symposium on Arts & Humanities Policies for NII

What YOU Can Do

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

Subject: Digital Telephony - FBI "Wiretap Bill" Resurrected

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

The Clinton Administration is backing a proposal by law enforcement

agencies that could make the entire communications infrastructure

this year after being successfully thwarted last year, would require

communications service providers to include "back doors" in their software

through which "wiretapping" can be done.  In addition, the proposal would

can reveal vast amounts of information about you.  EFF is extremely

concerned about this proposal and has prepared the following summary to

explain it and the harm it could do.  More on what *you* can do to fight

the Digital Telephony Proposal will be coming soon.

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

Subject: EFF Statement on FBI Draft Digital Telephony Bill

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

EFF has received a draft of the FBI's new, proposed "Digital Telephony"

bill.  After initial analysis, we strongly condemn the bill, which would

enforcement agencies, in real-time, both the contents of all communications

on their networks and the "signalling" or transactional information.  

enforcement with few technical or legal safeguards.  This image is not

nadequacy of current legal and technical privacy protections for users of

communications networks.

Although the FBI suggests that the bill is primarily designed to maintain

fact, it seeks vast new surveillance and monitoring tools.  Among the new

monitor individuals "live".

The bill would require common carrier networks (telephone companies

and anyone who plans to get into the telephone business, such as cable TV

companies) to deliver, in real-time, "call setup information."  In the

to use electronic communications for more and more purposes, however, this

bulletin boards we've dialed, etc. With increasing use of

telecommunications, this simple transactional information reveals almost as

much about our private lives as would be learned if someone literally

followed us around on the street, watching our every move.

We are all especially vulnerable to this kind of surveillance, because,

unlike wiretapping the *content* of our communications, it is quite easy

for law enforcement to get permission to obtain this transactional

nformation.  Whereas courts scrutinize wiretap requests very carefully,

authorizations for access to call setup information are routinely granted

appearing before a court.  

The real impact of the FBI proposal turns, in part, on the fact that it is

easy to obtain court approval for seizing transactional data.

The change from existing law contained in the FBI proposal is that carriers

"live", as the communication occurs,  directly to a remote listening post

nformation, but generally has to install a device (called a 'pen

office.

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

movements.

The bill requires that carriers be able to deliver either the contents or

transactional information associated with any subscriber, even if that

to identify that location of a target, whether that person is the subject

of a wiretap order, or merely a subpoena for call setup information.

This provision takes a major step beyond current law in that it allows for

a tap and/or trace on a *person*, as opposed to mere surveillance of a

telephone line.

The privacy of electronic communications services such as electronic mail

s also put at grave risk.  Today, a court order is required under the

Electronic Communications Privacy Act to obtain the contents of electronic

mail, for example.  Those ECPA provisions would still apply for the

contents of such messages, but the FBI bill suggests that common carriers

might be responsible for delivering the addressing information associated

a user connects to the Internet over local telephone lines, law enforcement

might be able to demand from the telephone company information about where

the user sent messages, and into which remote systems that user connects. 

All of this information could be obtained by law enforcement without ever

Finally, the bill proposes that the Attorney General have the power to shut

Granting the Department of Justice such control over our nation's

communications infrastructure is a serious threat to our First Amendment

ntrusion.

********************************

This posting represents EFF's initial response to the new FBI proposal. 

Several documents, including the full text of the proposed bill and a more

EFF's ftp site, as well as an archived copy of this announcement, and

FBI Director Louis Freeh's Digital Telephony speech from late 1993.

This docuemnt is digtel94.announce

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

ftp://ftp.eff.org/pub/EFF/Policy/Digital_Telephony/digtel94_bill.draft

ftp://ftp.eff.org/pub/EFF/Policy/Digital_Telephony/digtel94_analysis.eff

ftp://ftp.eff.org/pub/EFF/Policy/Digital_Telephony/digtel94.announce

ftp://ftp.eff.org/pub/EFF/Policy/Digital_Telephony/digtel93_freeh.speech

for gopher, same but replace first part with:

for WWW, same but replace first part with:

The directory also contains older Digital Telephony materials from earlier

ncarnations of the FBI's wiretapping scheme; see digtel92* and digtel93*

********************************

Jerry Berman, Executive Director 

Daniel Weitzner, Senior Staff Counsel 

+1 202-347-5400 

+1 202-393-5509 

Basic EFF info: info@eff.org

General queries: ask@eff.org

Membership info: membership@eff.org

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

Subject: NIST Press Release on Clipper Decisions

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

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

                           Fact Sheet

                  NIST Cryptography Activities 

Escrowed Encryption Standard

On April 16, 1993, the White House announced that the President

approved a directive on "Public Encryption Management."  Among

other items, the President directed the Secretary of Commerce, in

consultation with other appropriate U.S. agencies, to initiate a

encryption devices fitted with key-escrow microcircuits in federal

communications systems that process sensitive but unclassified

nformation.

Department of Commerce's National Institute of Standards and

Technology (NIST) announced the voluntary Escrowed Encryption

Standard (EES) as a draft Federal Information Processing Standard

(FIPS) for public comment.  The FIPS would enable federal agencies

to procure escrowed encryption technology when it meets their

federal agency or private sector use. 

During the public review of the draft standard, a group of

ndependent cryptographers were provided the opportunity to examine

the strength of the classified cryptographic algorithm upon which

the EES is based.  They found that the algorithm provides

of breaking the EES algorithm will be equal to the cost of breaking

the current Data Encryption Standard.  They also found that there

s no significant risk that the algorithm can be broken through a

to this standard were reviewed by NIST.  Nearly all of the comments

misunderstanding or skepticism about the Administration's

Administration has restated that the EES will be a strictly

voluntary standard available for use as needed to provide more

technically sound and to meet federal agency requirements.   NIST

made technical and editorial changes and recommended the standard

for approval by the Secretary of Commerce.  The Secretary now has

approved the EES as a FIPS voluntary standard.

NIST has been selected as one of the two trusted agents who will

federal standard for publiccomment.  Comments were received by NIST

on both technical and patent issues.  NIST has reviewed the

technical comments and made appropriate changes to the draft. 

Algorithm" for which NIST has received a patent application.  The

algorithm forms the basis of the proposed digital signature

for royalty-free availability of the algorithm.   The

Administration has now concluded that a royalty-free

NIST is continuing negotiations with the aim of obtaining a

also will pursue other technical and legal options to attain that

Cooperation with Industry

During the government's review of cryptographic policies and

Security and Privacy Advisory Board to obtain public

nput on a wide range of cryptographic-related issues, including

the key escrow encryption proposal, legal and Constitutional

ssues, social and public policy issues, privacy, vendor and

business perspectives, and users' perspectives.  The Board held

five days of public meetings.  Comments obtained by the Board were

useful during the government's review of these

ssues.  In addition, NIST met directly with many industry and

Frontier Foundation.  

As directed by the President when the key escrow encryption

nitiative was announced, the government continues to be open to

other approaches to key escrowing.  On August 24,

Research and Development Agreement (CRADA) to develop secure

techniques.  Three industry participants have expressed their

nterest to NIST in this effort; however, the government still

NIST now is announcing an opportunity for industry to join in a

CRADA to develop improved and alternative hardware technologies

that contain key escrow encryption capabilities.

Additionally, the Administration has decided to strengthen NIST's

cryptographic capabilities in order to better meet the needs of

U.S. industry and federal agencies.  

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

Subject: FCC ftp site now online

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

NEWS                                               News media information  

Federal Communications Commission                            202/632-5050

Washington, D.C.  20554                                      202/632-0002

This is an unofficial announcement of Commission action.  Release of the 

full text of a Commission order constitutes official action.  See _MCI_v._

FCC_, 515 F.2d 385 (DC Circ 1974)

                                                February 22, 1994

                FCC TO MAKE DOCUMENTS AVAILABLE ON INTERNET

        On February 22, the FCC will begin making some of its information

available through Internet.  Starting today, the FCC Daily Digest, the FCC

News Releases, some Public Notices, and speeches by Commission officials

making more of its documents available through Internet. 

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

                                - FCC -

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

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

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

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

CALL FOR PAPERS, PANELS, AND PRESENTATIONS

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

the National Information Infrastructure.

FOR ACTION and proposed NII (National Information Infrastructure)

legislation on the future of the arts and the humanities in 21st Century

America.

The symposium, which will be held at the American Academy of Arts and

Sciences in Cambridge, Massachusetts, will bring together government

officials, academics, artists, writers, representatives of arts and

cultural institutions and organizations, and other concerned individuals

from many disciplines and areas of interest to discuss specific issues of

coming decades.

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

Special consideration will be given to those efforts that take a critical

alternatives to current administration and congressional agendas.

Thank you,

Jay Jaroslav

NOTE: PLEASE FORWARD AND/OR RE-POST TO APPROPRIATE NEWSGROUPS AND MAILING LISTS.

Jay Jaroslav, Director  jaroslav@artdata.win.net  

CENTER FOR ART RESEARCH  241 A Street, Boston, MA 02210-1302 USA 

voice: (617) 451-8030 fax: (617) 451-1196

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

Subject: What YOU Can Do

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

"Relying on the government to protect your privacy is like asking a peeping 

tom to install your window blinds."    

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

You've been following the newspapers and reading EFFector Online. 

You know that today there are several battles being fought over the future

of personal privacy.  The Clipper Chip, export restrictions, the Digital

Telephony Proposal - the arguments are numerous and complex, but the

The Electronic Frontier Foundation believes that individuals should be

able to ensure the privacy of their personal communications through any

technological means they choose.  However, the government's current

Rep. Maria Cantwell has introduced a bill (H.R. 3627) in the House that

needs vocal support if the bill is to make it out of the committee stage.  

The decisions that are made today will affect our futures indefinitely.  

EFF is a respected voice for the rights of users of online technologies

and EFF members receive regular online updates on the issues that affect

our online communications and particpate in shaping the future.

Now, more than ever, EFF is working to make sure that you are the one that

makes that decision for yourself.  Our members are making themselves heard

on the whole range of issues.  To date, EFF has collected over 4100 letters

of support for Rep. Cantwell's bill to liberalize restrictions on

cryptography.  We also have over 1000 letters asking Sen. Leahy to hold

open hearings on the proposed Clipper encryption standard.

Leahy hearings, you can send your letters to:

cantwell@eff.org, Subject: I support HR 3627

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

Your letters will be printed out and hand delivered to Rep. Cantwell and

Sen. Leahy by EFF.

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

campaigns.  Have you become a member of EFF yet?  We feel that the best

opinions heard.  EFF members are informed, and are making a difference. 

Join EFF today!

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

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

Membership & donations: membership@eff.org

Legal services: ssteele@eff.org

Hardcopy publications: pubs@eff.org

Online publications, conferences, & other resources: mech@eff.org

Technical questions/problems, access to mailing lists: eff@eff.org

General EFF, legal, or policy questions: ask@eff.org

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

MEMBERSHIP IN THE ELECTRONIC FRONTIER FOUNDATION

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

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  Electronic Frontier Foundation

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End of EFFector Online v07 #04

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