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--- Following message extracted from FIDONEWS @ 1:18/14 --- [reformatting this msg for FidoNews compromised the PGP signature clear-signing this as authentic from Mike Bilow. The original is available in the FIDONEWS Echo if anyone wants to test it.] Ed. From: Mike Bilow * Forwarded (from: Netmail) by Mike Bilow using BilowMail0.2. From: "ACLU Cyber-Liberties Update Owner"@newmedium.com -----BEGIN PGP SIGNED MESSAGE----- ACLU Cyber-Liberties Update CONTENTS: * ACLU Welcomes "Pro-CODE" Encryption Bill, Warns of Anti-Privacy Legislation Waiting in the Wings The American Civil Liberties Union today praised Senator Conrad Burns (R-MT) for his leadership in protecting free speech and online privacy and welcomed the introduction of S.377, the "Promotion of Commerce in a Digital Era Act (Pro-CODE)." The bill, introduced by Senator Burns on the Senate floor last week, aims at lifting export controls on encryption with a resulting increase in privacy protection for both communications and stored information, the ACLU said. Encryption programs scramble information so that it can only be read with a "key" -- a code the recipient uses to unlock the scrambled electronic data. Programs that use more than 40 bits of data to encode information are considered "strong" encryption. Currently, unless these keys are made available to the government, the Clinton/Gore Administration bans export of hardware or software containing strong encryption, treating these products as "munitions." The ACLU said the anti-cryptography ban has considerably weakened U.S. participation in the global marketplace, in addition to curtailing freedom of speech by denying users the right to "speak" using encryption. The ban also violates the right to privacy by limiting the ability to protect sensitive information in the new computerized world. The ACLU believes that both encryption programs and communications using such programs are free speech, fully protected by the First Amendment. A recent federal court decision -- now under appeal by the government -- has upheld this view. The ACLU plans to submit a friend-of-the-court brief in that case (Bernstein v. U.S. Dept. of State), as it has done in other legal challenges to the Administration's anti-encryption policy. "Privacy, anonymity and security in the digital world depend on encryption," said Donald Haines, legislative counsel on privacy and cyberspace issues for the ACLU's Washington national office. "The aim of the Pro-CODE bill is to allow U.S. companies to compete with industries abroad and lift restrictions on the fundamental right to free speech, the hallmark of American democracy." Haines said that the ACLU is urging other senators to support and co-sponsor the bill. However, he noted that certain provisions raised important, "troubling" concerns that should be addressed before a final vote. For example, the bill provides that, in exchange for "relaxing export controls...this Act creates an obligation on the part of...companies involved in the export of information security products to share information ...about those products to designated representatives of the federal government." (Section 2(a)(16)). Such an exchange undermines a central purpose of Pro-CODE: fostering American competitiveness, Haines said. "Who would want to buy a privacy protection program bearing a label 'inspected by the U.S. government?' That's fine for meat inspection, but it is not appropriate or wise for cryptography products," Haines said. "It is also downright offensive to say you can exercise your free speech rights only after discussing what you want to say with federal agents." Another troubling provision of Pro-CODE would establish a secret "Information Security Board" composed of agencies involved in information security policy. According to the bill, the purpose of the board would be for government agencies -- including the CIA, FBI, NSA and Department of Defense -- to meet with industry leaders to review "developments" in cryptography technologies. Aside from concerns that such agencies have a history of invading privacy and violating civil liberties, the bill wrongly exempts the board from the federal open-meeting requirements, according to Barry Steinhardt, associate director of the national ACLU and chair of the ACLU's Cyber-Liberties Task Force. "Government should not operate in secret," Steinhardt said. "Even if the board's meetings are limited to discussing general, non-proprietary industry developments, the Federal Advisory Committee Act should apply and the meetings should be open to the public. While we continue to urge against the creation of an advisory board, at a minimum any meetings should be open and should include consumers and members of the privacy community, who are conspicuously absent from the list." Some cryptography experts have also questioned whether the technical definitions in the bill will actually provide the broad-scale protection for encryption supported by Senator Burns. While clearly covering mass-market products (e.g., Netscape's Internet browser), the question is whether the protection would also cover the kind of encryption program the court upheld in Bernstein. Notwithstanding these concerns, the ACLU welcomed the Burns bill as a positive step toward eliminating unconstitutional restrictions on a developing industry that promises to enhance free speech and privacy for everyone in the Information Age. Senator Burns, as chair of the subcommittee on telecommunications, has scheduled a hearing on the Pro-CODE bill for March 11, with possible action by the full Senate Commerce Committee as early as the following week. "In both this Congress and the last one, Senator Burns has consistently championed free speech and privacy in the encryption debate," said the ACLU's Don Haines. "He deserves our support and full cooperation in moving this bill, and we look forward to working with him to resolve our concerns." Haines warned that more restrictive proposals are already waiting in the wings, with provisions that would take a first step toward establishing mandatory controls on domestic encryption and requiring encryption "keyholders" to share their keys with the government. "In addition to supporting Pro-CODE, we are closely monitoring all new encryption legislation. The ACLU will vigorously oppose any scheme that calls for key escrow, key recovery, or takes a step toward mandatory controls on encryption," Haines said. * ACLU Moves to Protect Netizens From Prosecution Under New York Cybercensorship Law Despite two lower court rulings protecting Internet users from prosecution under the federal Communications Decency Act, "netizens" are still in danger of criminal charges under a New York law that restricts free speech in cyberspace, the American Civil Liberties Union said today. Moving to protect netizens, the ACLU and the New York Civil Liberties Union yesterday filed a motion for a preliminary injunction in federal district court, saying that their plaintiffs (and all Internet users) could face prison sentences of up to four years under the law. The federal CDA is currently awaiting review by the U.S. Supreme Court. "Governor Pataki may say that he is trying to protect minors, but the sad fact is that this law does not and cannot protect children," said Ann Beeson, an ACLU national staff attorney specializing in cyberspace issues. "The only immediate harm on the horizon is to the millions of Internet users, including our plaintiffs, who face criminal prosecution for exercising their right to free speech." "Parents, not the government, should control what their children see online," Beeson added. "This can be more effectively and less restrictively accomplished through the use of blocking software and the development of other technology that allows for voluntary screening." Because New York State has refused to stay prosecution while the Supreme Court considers the federal law, the case is now moving forward to a courtroom hearing, scheduled to begin on April 3. The hearing is expected to last from three to five days and will likely include a live demonstration of the Internet as well as testimony from expert witnesses and plaintiffs. The brief also includes the assertion that the Act violates the CommerceClause of the United States Constitution because it regulates communications outside the state of New York and subjects Internet users to a confusing babel of conflicting state laws. "A librarian in Illinois will now think twice before sending information to a fellow librarian in New York, or will not 'link' to a website in New York for fear that New York authorities will charge them under this confusing statute," said Judith Krug, director of the American Library Association's Office for Intellectual Freedom. "Despite the fact that this is a New York statute, given the reality of the Internet, anyone who accesses information from outside New York is also impacted by this law. This is clearly unacceptable for any Internet user," she added. Citing opinions that struck down the federal CDA, the ACLU said that the New York law contains the same "fatal constitutional flaws." A chart appended to the brief shows, point by point, the similarities -- including, in some cases, identical language -- between the two laws. A favorable decision by the high court would provide powerful ammunition against the New York law, the ACLU said. "We are surprised and disappointed that the State of New York is rushing to judgment on an issue of critical importance, when everyone knows that the U.S. Supreme Court will be hearing arguments on the related federal case two weeks from now," said Norman Siegel, executive director of the New York Civil Liberties Union. The Supreme Court is scheduled to hear oral argument in Reno v. ACLU on March 19. A decision is expected to be handed down by the end of the term, in June or July. ACLU Cyber-Liberties Update Editor: To subscribe to the ACLU Cyber-Liberties Update, send a message to majordomo@aclu.org with "subscribe Cyber-Liberties" in the body of your message. To terminate your subscription, send a message to majordomo@aclu.org with "unsubscribe Cyber-Liberties" in the body. The Cyber-Liberties Update is archived at http://www.aclu.org/issues/cyber/updates.html For general information about the ACLU, write to info@aclu.org. PGP keys can be found at http://www.aclu.org/about/pgpkeys.html -----BEGIN PGP SIGNATURE----- iQCVAwUBMx8RqvF6vdl9Zp5lAQFLoAP8DlzC8oUsCQxCsWEI1mKfMvsGu0pN0cj3
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=0jNz This Message was sent to cyber-liberties --- DIFFERENCES: FIDONET/INTERNET Have you heard of the Internet? It's doubtful there's anyone alive on the planet who hasn't, but have you heard of Fidonet? Fidonet has been around and functioning as long as the Internet, and is still alive and well, thank you, but for some reason, we don't hear of it every time we turn on the tv or pick up a magazine. Fidonet is also a resource available to anyone with a computer and a modem, and following is a comparison of it and the much-touted internet:
Beware the Ides of March... You can tell the Ides are drawing near... the doomsayers are out in full force. :) Hello, ladies and gentlemen, I'm Ken. I've only been a nodelisted sysop on Fido since the beginning of the year, but I've been lurking around for a few years. I could bore you with my struggles to obtain a node number, but I won't. ;) At any rate, I picked up a feed, and started paying attention to some of the sysop and adminstrative echoes.. and I've noticed alot of people a tad upset, or exasperated. I've listened to more than one sysop moan about how Fido is in it's death throes. I've read FidoNews and watch the amount of nodes drop. It kind of surprises me. My experiences on Fido have been varied over the years... my first impressions was a collection of people babbling on endlessly. Sometimes I'd find an echo I liked and spend some time posting, but then I'd start getting notices from the sysop saying that my account had expired, and that if I wanted to continue using their system, I had to pay them money. :) Like any headstrong sysop, I dropped the BBS from my dialing directory. :) I spend too much money on my own BBS, I'll be damned if I'm paying someone else to run theirs. Then I became a little more familiar with Fido-style networking in general, and alot of my complaints disappeared. I understood why sysops wanted money, because pulling in echomail and FDN's takes money. It was during this learning period that some Fido echoes became helpful to me, as some helpful people put up with a newcomers questions and made things a little clearer for me. My opinion of Fido started to change, I didn't automatically dismiss it as a gaggle of loudmouths. :) These days, I like Fido. It's an immensely helpful tool.. I get questions answered quickly, and completely. If it weren't for Fido, I wouldn't be able to provide my users with access to Internet email or USENET groups through the BBS. Today, my main impression of Fido is a mixed one. I've had fun, and there have been a few things that have ticked me off (the next time a moderator tells me to cut my two line sig down to one line because I'm wasting bandwidth, I'm going to scream. :) ), but it seems that there are two types of Fido-style people; those that sincerely care and try to help the network and other sysops, and those that are concerned with their own personal ambitions. I think I've been lucky. Since picking the net up in early January, I've run into mostly people of the first type... my RC, my nets NEC, and our new NC are all very dedicated and helpful people. One of the nodes acts as a UUCP gate free of charge to the nets members. If it weren't for these guys, I probably would have long since grown disgusted by some of the infighting I see. I can't understand why, when people like them are around, people are hearing FidoNet's death knell. The net's losing nodes. So what, BBS's are dropping like flies. :) It's not really a surprise. Eventually, the people that do care, and the people that are dedicated to the network will be the ones that are left, and I would hope that if anyone could turn the network around, it would be them. I can't help but wonder if Fido would be in such 'dire straits' if the same people that are busy tolling the bell were busy working to make Fido a place that the vanishing sysops would want to stay. Lighten up guys. This is supposed to be a hobby, after all. :) -Ken Zone 2 Excommunicates Tom Jennings The following nodelist segment was submitted to the International Nodelist by Z2C, Ward Dossche. It is confirmed in the ZONE2.LD3 "ZSeg" for the nodelist, available in the FDN titled ZSEGS. Please note...Ward Dossche has unilaterally removed Tom Jennings' name and copyright from Fido in Zone 2. While it did not go beyond the Zone 2 confines, it would seem that Ward is saying on behalf of Zone 2 Sysops that intellectual property rights can be confiscated at whim, since he has effectively stolen both the copyright and registered trademark which Tom Jennings has graciously allowed us to use without fees or royalties all these years. Is this a precursor to someone trying to take the copyright for their own, and start charging us those royalties they might feel that they deserve? Other than a single brief message, as of March 12, Ward has issued no other explanation than that he feels the new wording 'best reflects reality' as he sees it. Mind you, this is also the same man who wants to be your new International Coordinator. Think on it. ;A FidoNet Nodelist for Friday, March 14, 1997 -- Day number 073 :37533 ;A # 30 # The More Things Change, Regional EchoMail Coordinators are the unwitting victims of a particularly nasty hoax...one that their innocent blindness is keeping them from seeing as it really is. Most of you have seen the message by now that the ZEC, Bruce Bodger, has mandated that your Region be consulted on whether or not he should retain his post as ZEC. What you may not realize is that the entire call for election is all a hoax, a blind, a cover for what is the true nature of the situation. You see, Bruce Bodger also holds the position of "Overseer of BackBone Operations", or OBO, a shadowy position that he created for himself and imposed on Fido when he, as Zone EchoMail Coordinator, revoked the prior BackBone Operations Policy (BOP). This BOFAQ, while holding no real authority or power under the FidoNet Policy, FidoNet Technical Standards, nor any accepted vote or consensus of FidoNet members or Coordinators, has been quietly implemented and accepted as the 'guiding authority' on how EchoMail is handled. Moreso when the person who created the OBO and OBOFAQ is himself the Zone EchoMail Coordinator, the highest authority on EchoMail issues in Zone 1. So long as the illusion of authority has been maintained, the illusion of real power to impose these "guidelines" has been observed in the EchoMail hierarchy, and so few OBO decisions have ever been challenged successfully. However, the latest copy of his replacement document, BOFAQ703.TXT, clearly shows that the OBO is not answerable to any authority in Fido or the EchoMail hierarchy. Most of these same points have existed in previous versions, but that the ZEC is calling for the choice of either a 'vote of confidence' or an election to replace him makes it necessary to refer to the latest set of BOFAQ "guidelines". Please get a copy of BOFAQ703.TXT and look at the document...specifically, look at the "definitions" area for the details. {modified to fit FIDONEWS specs and extracted to specifics} > O.B.O. - Overseer of Backbone Operations - Person responsible for Note the three elements...
and, most importantly,
But, let's continue... > O.B.O. Council - A group of people representing the EchoMail Please note...nowhere in this definition, indeed, in the entire BOFAQ document, is there any *requirement* that the OBO _act_ on any decisions of the OBO Council...even if it were to call for removal of the OBO. > Zone Echolist - As it relates to the Backbone, a database Here we have a conundrum...which "ZEC" is being referred to in this definition? Traditionally, the handling of echoes being listed is the province of the Zone Echo_LIST_ Coordinator, while the Zone Echo_MAIL_ Coordinator has been responsible for the smooth operation of the various BackBones in Zone 1, usually under the BackBone Operations Policy. Now, however, with the BOFAQ, these distinctions are blurred beyond any form of clarity. > Zone EchoList Coordinator - Person responsible for the maintenance Note the smooth but subtle difference... Currently, Bruce Bodger is the Zone Echo_MAIL_ Coordinator...it's Adrian Walker who is the Zone Echo_LIST_ Coordinator. With this, the Zone Echo_MAIL_ Coordinator is effectively removed from having any authority whatsoever in BackBone operations. So how does this "authority" to perpetrate this hoax come about? It came about by the Regional EchoMAIL Coordinator Council failing to act a while back when the ZEC revoked the BOP. Without any clear action by the REC Council, the BOFAQ was slipped into place despite individual protests from various sysops. As stated in the BOFAQ itself: > Q1 ==== "...how the BackBone operates..." "...an insight into its internal administration." These are comments which clearly indicate that while there is some formal set of rules to its operations, that same set of rules and/or agreements is not to be made available to the public. Moreover, the subtlety of the separation of power between the OBO and the ZEC becomes even more apparent as you read the BOFAQ: > Q2 ===== > Q11 ==== > Q12 ==== Seems that the OBO carries more weight and authority than either the Zone EchoMAIL or the Zone EchoLIST Coordinators... Most important of all, however, is that the OBO is a self-reliant entity, requiring and recognizing no other authority than itself. > Q16 ===== I would strongly urge that the Regional EchoMail Coordinator Council consider these words and information before allowing this hoax to continue. If it is the will of the REC Council to call for an election to replace Bruce Bodger as Zone EchoMail Coordinator, then it would seem to be best for them to see how far down they'll need to dig to uproot him from that post. # 30 # -+- Forwarded message follows: -+- > Message #7839 [R19SYSOP: Region 19 Sysop] |
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