EFFector Online Volume org Publicati

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EFFector Online Volume 09 No. 16      Dec. 30, 1996       editors@eff.org
A Publication of the Electronic Frontier Foundation        ISSN 1062-9424

Bernstein Takes on New Crypto Regs - Asks for Constitutional Review
   Press Release
Upcoming Events
Quote of the Day
What YOU Can Do

                      Have a happy New Year!

 * See http://www.eff.org/hot.html or ftp.eff.org, /pub/Alerts/ for more
 information on current EFF activities and online activism alerts! *


Subject: Bernstein Takes on New Crypto Regs - Asks for Constitutional Review

* Press Release *

	   "Shell Game" Attempts to Continue Unconstitutional Rules

December 30, 1996

                                Electronic Frontier Foundation Contacts:

                                     Shari Steele, Staff Attorney
                                      +1 301 375 8856, ssteele@eff.org

                                     John Gilmore, Founding Board Member
                                      +1 415 221 6524, gnu@toad.com

                                     Cindy Cohn, McGlashan & Sarrail
                                      +1 415 341 2585, cindy@mcglashan.com

San Francisco - Laywers for Professor Dan Bernstein today asked the
Government to delay enforcement of new encryption restrictions until
they can be reviewed by a court for Constitutionality.  The new
by Judge Marilyn Hall Patel.

"The government apparently decided to ignore Judge Patel's findings.",
to Judge Patel's analysis and attempting to fix the regulations, they
a chance to fix this before we bring the issue up in court."

from the State Department to the Commerce Department.  Judge Patel's
Department regulations as a "paradigm of standardless discretion" that
nformation and software about encryption.  Over Christmas, the
Clinton Administration published its new Commerce Department
mmediate effect today.

The new regulations once again put Professor Bernstein at risk of
class materials on the Internet.  His class begins on January 13 at
the University of Illinois at Chicago.

agree to delay enforcement of the new regulations while Judge Patel
their enforcement.

"The government is forcing us to go back to Judge Patel again to have
the new regulations declared facially unconstitutional." said Ms.
Cohn.  "This time we believe that a nationwide injunction against
their enforcement is merited."

"The new encryption rules are a pointless shell game," said John
Gilmore, co-founder of the Electronic Frontier Foundation, which
backed the suit.  "Industry and Congress had asked that the draconian
State Department regulations be eliminated in favor of existing,
the State Department regulations because they were draconian.  Rather
than address the concerns of either, President Clinton moved the
tougher in the process.  It's his political decision whether to ignore
and anger industry leaders, but he can't ignore a federal district
court judge."

Civil libertarians have long argued that encryption should be widely
current dominant position in computer and communications technology.
Government officials in the FBI and NSA argue that the technology is
too dangerous to permit citizens to use it, because it provides privacy
to criminals as well as ordinary citizens.

	Background on the case

The plaintiff in the case, Daniel J. Bernstein, Research Assistant
"encryption algorithm" (a recipe or set of instructions) that he
Bernstein sued the government, claiming that the government's
Act and its implementing regulations, the International Traffic in
Arms Regulations.  The new regulations have the same effect, using the
Regulations, and a "state of national emergency" that President
Clinton declared in 1994 and has re-declared annually.

(source code), they were not protected by the First Amendment.  On
April 15, 1996, Judge Patel rejected that argument and held for the
first time that computer source code is protected speech for purposes
of the First Amendment.

On December 6, Judge Patel ruled that the Arms Export Control Act is a
and obtain from the government a license to publish his ideas.  Using
the Pentagon Papers case as precedent, she ruled that the government's
"interest of national security alone does not justify a prior

Judge Patel also held that the government's required licensing
Government acts legally to suppress protected speech, it must reduce
the chance of illegal censorship by the bureacrats involved -- in this
case, the State Department's Office of Defense Trade Controls (ODTC).
Her decision states, "Because the ITAR licensing scheme fails to
and defend a denial of a license, the ITAR licensing scheme as applied
to Category XIII(b) acts as an unconstitutional prior restraint in
violation of the First Amendment."

She also ruled that the export controls restrict speech based on the
content of the speech, not for any other reason.  "Category XIII(b) is
on the topic of encryption."  The new regulations continue to insist
that the Government is regulating the speech because of its function,
not its content.

The judge also found that the ITAR is vague, because it does not
adequately define how information that is available to the public
"through fundamental research in science and engineering" is exempt
from the export restrictions.  "This subsection ... does not give
Judge Patel also adopted a narrower definition of the term "defense
article" in order to save it from unconstitutional vagueness.


Lead counsel on the case is Cindy Cohn of the San Mateo law firm of
McGlashan & Sarrail, who is offering her services pro bono.  Major
additional pro bono legal assistance is being provided by Lee Tien of
Berkeley; M. Edward Ross of the San Francisco law firm of Steefel,
Levitt & Weiss; James Wheaton and Elizabeth Pritzker of the First
Amendment Project in Oakland; and Robert Corn-Revere, Julia Kogan,
and Jeremy Miller of the Washington, DC, law firm of Hogan & Hartson.


The Electronic Frontier Foundation (EFF) is a nonprofit civil
liberties organization working in the public interest to protect
nformation.  EFF is a primary sponsor of the Bernstein case.  EFF
Bernstein legal team, and helped collect members of the academic
community and computer industry to support this case.

Full text of the lawsuit and other paperwork filed in the case is
available from EFF's online archives at:


The full text of today's letter from Professor Bernstein to the 
Government, and proposed stipulation, are at:


The new Commerce Department Export Administration Regulations are
available at:



Have a look at the regs, and make your voice heard. The Commerce Dept. 
s soliciting public feedback on these regulations, and needs to hear
from a lot of people what the problems are. Written comments (six copies) 
Export Administration, Department of Commerce, 14th Street and 


Subject: 6th Annual EFF Pioneer Awards - Call for Nominations

                         CALL FOR NOMINATIONS
                      Deadline: February 1, 1997

* Please feel free to redistribute this notice in appropriate forums. *

knowledge,freedom,efficiency and utility. Along the electronic frontier,
this is especially true. To recognize this, the Electronic Frontier
Foundation established the Pioneer Awards for deserving individuals and

The Pioneer Awards are international and nominations are open to all.

D.C.  The winners were: Douglas C. Engelbart, Robert Kahn, Jim Warren, Tom
Jennings, and Andrzej Smereczynski. The 1993 Pioneer Award recipients were
Truscott  and Jim Ellis. The 1994 Pioneer Award winners were Ivan
Sutherland, Whitfield Diffie and Martin Hellman, Murray Turoff and Starr
Roxanne Hiltz, Lee Felsenstein, Bill Atkinson, and the WELL. The 1995
The 1996 Pioneer Award winners were Robert Metcalfe, Peter Neumann, 
Shabbir Safdar and Matthew Blaze.

The 6th Annual Pioneer Awards will be given in Burlingame, California, at
the 7th Conference on Computers, Freedom, and Privacy in March of 1997.

All valid nominations will be reviewed by a panel of judges chosen
for their knowledge of computer-based communications and the technical,
legal, and social issues involved in computer technology and computer

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

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

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

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

   5) All nominations, to be valid, must contain your reasons, however
brief, for nominating the individual or organization, along with a means of
contacting the nominee, and your own contact number. Anonymous nominations

   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:


You may fax them to us at:

     +1 415 436 9993

Just tell us the name of the nominee, the phone number or email address at
nominee deserves the award.  You may attach supporting documentation.

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

    -------EFF Pioneer Awards Nomination Form------

nformation about your nominee for the Pioneer Awards:

 Nominee's name:



 Contact number or email address:

 Reason for nomination:

 Your name and contact information:

 Extra documentation attached:



Upcoming Events

This schedule lists EFF events, and those we feel might be of interest to
our members.  EFF events (those sponsored by us or featuring an EFF speaker)
are marked with a "*" instead of a "-" after the date.  Simlarly, government
events (such as deadlines for comments on reports or testimony submission,
or conferences at which government representatives are speaking) are marked
ndicates a non-USA event.  If it's a foreign EFF event with govt. people,
t'll be "*!+" instead of "-".  You get the idea.

The latest version of the full EFF calendar is available from:

ftp: ftp.eff.org, /pub/EFF/calendar.eff

See also our new Now-Up-to-Date HTML calendar at:

Jan. 10 - PHILADELPHIA - CALL FOR PAPERS!! - SIGIR '97 seeks original 
	  contributions (i.e. never before published) in the broad field 
	  of information storage and retrieval, covering the handling of 
	  all types of information, people's behavior in information
	  systems, and theories, models and implementations of information 
	  retrieval systems. Subscribe now to SIGIR '97 mailing list by 
	  writing to   Information on 
	  SIGIR '97 will periodically be sent to the mailing list as well as 
	  posted at http://www.acm.org/sigir/conferences/sigir97/index.html
	  The conference will be held at the DoubleTree Hotel in 
	  Philadelphia, PA, USA, July 27 -- July 31, 1997

Jan. 13 + LANCASTER, UK - ECSCW'97, the Fifth European Conference on
          Computer Supported Cooperative Work; deadline for paper
          submissions is January 13, 1997; papers must contain an abstract
          of not more than 100 words and not exceed 16 pages in length; full
          formatting instructions are available from
          queries: ecscw97-papers@comp.lancs.ac.uk
          for more information:
          snail mail: ECSCW'97 Conference Office
                      Computing Department
                      Lancaster University
                      Lancaster  LA1 4YR  UK
          URL: http://www.comp.lancs.ac.uk/computing/research/cseg/ecscw97/
          email: ecscw97@comp.lancs.ac.uk

Jan. 15-
     17 - WASHINGTON, DC - Universal Service '97: Redefining Universal 
	  Telecommunications Service for the Emerging Competitive
	  Environment; for more information contact:
	  tel: +1 800 822 MEET
	       +1 202 842 3022 x317
	  URL: http://brp.com

Jan. 16-
     17 - ARLINGTON, VA - NCSA International Virus Prevention Conference '97;
	  event will investigate "the continuing, worrisome, costly 
	  problem of computer virus attacks, disasters and recovery; 
	  Crystal Gateway Marriott (+1 703 271 5212);
	  more information:
	  tel: +1 717 258 1816
	  email: ivpc97@ncsa.com

Jan. 19-
     21 - PALM SPRINGS, CA - Upside Technology Summit; "Managing Digital 
	  Mania: An Extreme Sport for Technology Executives"; examining 
	  effective business models and strategies in the booming world of 
	  e-commerce; Al Franken has been invited to give a closing speech;
	  La Quinta Resort & Club, Palm Springs, CA; for more info contact:
	  URL: http://www.upside.com
	  tel: +1 888 33 UPSIDE

Jan. 21 *! CDA unconstitutionaly Supreme Court case: government brief due.
Jan. 23-
     25 - CAMBRIDGE, MA
	  The Economics of Digital Information and Intellectual Property
	  Harvard University symposium to broaden and deepen understanding 
	  of emerging economic and business models for global publishing 
	  and information access and the attendant transformation of 
	  international information markets, institutions, and businesses.
	  First Announcement and Call for Papers; Prospective authors should 
	  submit short abstracts for review and comment as soon as possible. 
	  Acceptances of abstracts and outlines are conditional pending 
	  receipt of a satisfactory draft by December 15, 1996. Sponsored by
	  Harvard Law School.
	  email: iip@harvard.edu
	  regular mail: Tim Leshan, Information Infrastructure Project, 
		John F. Kennedy School of Government, 79 John F. Kennedy St., 
		Cambridge, MA 02138
	  tel: 617-496-1389
	  fax: 617-495-5776

Jan. 28-
     31 - RSA Cryptography Conference - Computerworld called last year's 
	  event the sine qua non event of the crypto community; at various 
	  facilities atop Nob Hill in San Francisco, the luminaries of 
	  cryptography will gather; Right now, preparations for this 
	  conference are underway. There are many exciting ways for 
	  corporations and individuals to participate. Read on for 
	  information about presenting, exhibiting, or just attending

Feb. 10-
     11 - Internet Society Symposium on Network and Distributed System 
	  Security; for those interested in the practical aspects of network 
	  and distributed system security, focusing on actual system design 
	  and implementation, rather than theory. Dates, final call for
          papers, advance program, and registration information will be
	  available at the URL: http://www.isoc.org/conferences/ndss97

Feb. 18-
     20 - SAN JOSE, CA - DCI Internet Expo; the world's largest Internet, 
	  Web and email conference and exposition; comprehensive program 
	  will cover Web-enabled marketing, best practices for e-commerce 
	  and application development; San Jose Convention Center; also
	  will be held April 22-24 at McCormick Place in Chicago, IL;
	  email: ExpoReg@dciexpo.com
	  URL: http://www.dciexpo.com

Feb. 20 *! CDA unconstitutionaly Supreme Court case: Appellee (ACLU/ALA/
          EFF/CIEC) brief due.

Feb. 24-
	  Financial Cryptography '97 - CALL FOR PAPERS; this is a new 
	  conference on the security of digital financial transactions.
	  FC97 aims to bring together persons involved in both the
	  financial and data security fields to foster cooperation and 
	  exchange of ideas. Send a cover letter and 9 copies of an extended 
	  abstract to be received by November 29, 1996 to the Program Chair 
	  at the address given below:
	  Rafael Hirschfeld
	  FC97 Program Chair
	  Kruislaan 413
	  1098 SJ Amsterdam
	  The Netherlands
	  email: ray@cwi.nl
	  phone: +31 20 592 4169
	  fax: +31 20 592 4199
	  URL: http://www.cwi.nl/conferences/FC97

Mar. 1-
     5 -  ACM97: The Next 50 Years of Computing; San Jose Convention 
	  Center, March 1-5, 1997; Registration information: 
	  URL: http://www.acm.org/acm97
	  tel: +1 800 342 6626		

Mar. 3-
     5 -  NEW YORK CITY - Consumer Online Services TV; Jupiter 
	  Communications conference featuring Steve Case of AOL and 
	  Steve Perlman of WebTV; for more information contact:
	  tel: +1 800 488 4345
	  URL: http://www.jup.com

Mar. 7 *! CDA unconstitutionaly Supreme Court case: govt. reply brief due.

Mar. 11-
     14 * 7th Conference on Computers, Freedom & Privacy (CFP97), San 
          Francisco Airport Hyatt Regency Hotel in Burlingame, CA.
          The "cyberliberties" mega-event.  Speakers will include EFF
          staff counsel Mike Godwin, and many others. EFF's annual Pioneer
          Awards ceremony will be held at CFP97. Early registration is
          advised (registration will probably open in Jan., and reg. info
          will appear on the CFP site listed below).
          Email: cfpinfo@cfp.org.
          URL: http://www.cfp.org

Apr. 8-
     11 - FRACTAL 97: Fractals in the Natural & Applied Sciences 4th 
          International Working Conference; Denver Colorado.  Sponsored by
          IFIP; paper submissions due by Aug. 5, 1996.
          Contact: Miroslav Novak, +44 181 547 2000 (voice), 
                   +44 181 547 7562 or 7419 (fax)
          Email: novak@kingston.ac.uk   

Apr. 22-
     24 - CHICAGO, IL - DCI Internet Expo; the world's largest Internet,
          Web and email conference and exposition; comprehensive program
          will cover Web-enabled marketing, best practices for e-commerce
          and application development; San Jose Convention Center; also
          will be held February 18-20 at the San Jose Convention Center;
          email: ExpoReg@dciexpo.com
          URL: http://www.dciexpo.com

June 2-
     4  - American Society for Information Science 1997 Mid-Year Conference;  
          gathering will focus on privacy and security issues online; 
          Scottsdale Arizona; paper submissions due Nov. 1, 1996.
		Gregory B. Newby, Co-Chair GSLIS/UIUC
	  	 Tel: (217) 244-7365; Email: gbnewby@uiuc.edu
		Mark H. Needleman, Co chair UCOP
		 Tel: (510) 987-0530; Email: mhn@stubbs.ucop.edu
		Karla Petersen, Panel  Sessions
		 Tel: (312) 508-2657; Email: kpeter1@luc.edu
		Richard Hill, Executive Director, ASIS
		 Tel: (301) 495-0900; Email: rhill@cni.org
	  URL: http://www.asis.org

June 14-
	  ED-MEDIA/ED-TELECOM 97--World Conference on Educational 
	  Multimedia and Hypermedia and World Conference on Educational 
	  Telecommunications are jointly held international conferences, 
	  organized by the Association for the Advancement of Computing 
	  in Education (AACE). These annual conferences serve as multi-
	  disciplinary forums for the discussion and dissemination of 
	  information on the research, development, and applications on all 
	  topics related to multimedia/hypermedia and distance education.  
	  We invite you to attend ED-MEDIA/ED-TELECOM 97 and submit proposals 
	  for papers, panels, roundtables, tutorials, workshops, 
	  demonstrations/posters, and SIG discussions. Proposals may be 
	  submitted in either hard copy (send 5 copies or fax 1 copy) 
	  or in electronic form.  Electronic proposals in the form of 
	  URL addresses or ASCII files (uncoded) are preferred.
	  Submission Deadline: Oct. 25, 1996; Send to:
	  Program Chairs
	  P.O. Box 2966
	  Charlottesville, VA 22902, USA
	  E-mail: AACE@virginia.edu; Phone: 804-973-3987; Fax: 804-978-7449
	  URL: http://www.aace.org/conf/edmedia

June 19-
     20 - WASHINGTON, DC - CyberPayments '97
	  Conference will investigate issues of online commerce including
	  electronic cash and checks, credit cards, encryption systems 
	  and security products; Sheraton Washington Hotel, Washington, DC
	  For more information contact:
	  email: vinceiaboni@msn.com
	  tel: +1 216 464 2618 x228
	       +1 800 529 7375

July 13-
     17 - ACUTA 26th Annual Conference; Atlanta, Georgia.
          Contact: +1 606 278 3338 (voice)

Sep. 7 -
     11 + LANCASTER, UK - ECSCW'97, the Fifth European Conference on 
	  Computer Supported Cooperative Work; deadline for paper 
	  submissions is January 13, 1997; papers must contain an abstract 
	  of not more than 100 words and not exceed 16 pages in length; full 
	  formatting instructions are available from
	  queries: ecscw97-papers@comp.lancs.ac.uk
	  for more information:
	  snail mail: ECSCW'97 Conference Office
		      Computing Department
		      Lancaster University
		      Lancaster  LA1 4YR  UK
	  URL: http://www.comp.lancs.ac.uk/computing/research/cseg/ecscw97/
	  email: ecscw97@comp.lancs.ac.uk

Sep. 12-
     14   SAN DIEGO - Association of Online Professionals Annual 
	  Conference; sysop trade association's yearly gathering to 
	  discuss issues of relevance to the industry
	  URL: http://www.aop.org/confrnc.html

Oct. 28-
     31 - EDUCOM '97; Minneapolis-St. Paul, Minnesota.
          Contact: +1 202 872 4200 (voice)
          Email: conf@educom.edu

Dec. 1  - Computer Security Day (started by Washington DC chapter of the
          Assoc. for Computing Machinery, to "draw attention to computer
          security during the holdiay season when it might otherwise become


Subject: Quote of the Day

"At least one way of measuring the freedom of any society is the amount
of comedy that is permitted, and clearly a healthy society permits more
taboo areas.  This is part of the responsibility we accord our licensed
anything can survive the probe of humour it is clearly of value, and
conversely all groups who claim immunity from laughter are claiming
 -- British comedian & satirist Eric Idle (of Monty Python's Flying Circus)

Find yourself wondering if your privacy and freedom of speech are safe 
the rush to make us secure from ourselves that our government 
Concerned that legislative efforts nominally to "protect children" will 
actually censor all communications down to only content suitable for 
the playground?  Alarmed by commercial and religious organizations abusing
the judicial and legislative processes to stifle satire, dissent and 

Join EFF!   

Even if you don't live in the U.S., the anti-Internet hysteria will soon 
be visiting a legislative body near you.  If it hasn't already.


Subject: What YOU Can Do

* The Communications Decency Act & Other Censorship Legislation

The Communications Decency Act and similar legislation pose serious 
threats to freedom of expression online, and to the livelihoods of system 
operators.  The legislation also undermines several crucial privacy 
Supreme Court. But, bowing to pressure from theocratic organizations,
Congress is likely to introduce and attempt to pass a slightly modified 
version.  Let your legislators know you will not stand for censorship,
nor for the wasting of millions of tax dollars on years of Supreme Court 
litigation over laws that should never have even been proposed much less 

Business/industry persons concerned should alert their corporate govt.
affairs office and/or legal counsel about such censorship measures, 
TODAY, while there is still time to plan.

Join in the Blue Ribbon Campaign - see http://www.eff.org/blueribbon.html

Support the EFF Cyberspace Legal Defense Fund:

for information to ask@eff.org.

censorious legislation is turning up at the US state and non-US 
national levels.  Don't let it sneak by you - or by the online activism 
community. Without locals on the look out, it's very difficult for the 
Net civil liberties community to keep track of what's happening locally 
as well as globally.

* Unconstitutional Restrictions on Encryption

"new" Commerce Dept. regs that are as bad, and in some cases worse. The 
Commerce Dept. is seeking input from the people on these regulations. 
Don't miss this opportunity to provide feedback to government in this 
vital area.

The full text of the new regulations can be found at:


Have a look at the regs, and make your voice heard. The Commerce Dept.
s soliciting public feedback on these regulations, and needs to hear
from a lot of people what the problems are. Written comments (six copies)
Export Administration, Department of Commerce, 14th Street and

The EFF-sponsored Bernstein case is making major headway in getting rid of
the unconstitutional export restrictions against encryption software and 
(http://www.eff.org/pub/Alerts/cyberlegal_fund_eff.announce), and/or 
become a member of EFF (http://www.eff.org/join).

* Find Out Who Your Congresspersons Are

Writing letters to, faxing, and phoning your representatives in Congress
s one very important strategy of activism, and an essential way of
making sure YOUR voice is heard on vital issues.

try contacting your local League of Women Voters, who maintain a great 
that matches Zip Codes to Congressional districts with about 85%
accuracy at:

Computer Currents Interactive has provided Congress contact info, sorted 
by who voted for and against the Communications Decency Act:
fortunately, been voted out of office.)

* Join EFF!

You *know* privacy, freedom of speech and ability to make your voice heard
n government are important. You have probably participated in our online
campaigns and forums.  Have you become a member of EFF yet?  The best way to
opinions heard.  EFF members are informed and are making a difference.  Join
EFF today!

For EFF membership info, send queries to membership@eff.org, or send any
message to info@eff.org for basic EFF info, and a membership form.



EFFector Online is published by:

The Electronic Frontier Foundation
San Francisco CA 94103 USA
+1 415 436 9333 (voice)
+1 415 436 9993 (fax)
Membership & donations: membership@eff.org
Legal services: ssteele@eff.org
General EFF, legal, policy or online resources queries: ask@eff.org

Editor: Stanton McCandlish, Online Activist, Webmaster (mech@eff.org)

This newsletter is printed on 100% recycled electrons.

Reproduction of this publication in electronic media is encouraged.  Signed
articles do not necessarily represent the views of EFF.  To reproduce
ually at will.

To subscribe to EFFector via email, send message body of "subscribe
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Back issues are available at:
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To get the latest issue, send any message to effector-reflector@eff.org (or
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at EFFweb.  HTML editions of the current issue sometimes take a day or 
longer to prepare after issue of the ASCII text version.


End of EFFector Online v09 #16 Digest