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========================================================================= ________________ _______________ _______________ /_______________/\ /_______________\ /\______________\ \\\\\\\\\\\\\\\\\ \ ||||||||||||||||| / //////////////// \\\\\\\\\\\\\\\\\/ ||||||||||||||||| / //////////////// \\\\\\_______/\ ||||||_______\ / //////_____\ \\\\\\\\\\\\\ \ |||||||||||||| / ///////////// \\\\\\\\\\\\\/____ |||||||||||||| / ///////////// \\\\\___________/\ ||||| / //// \\\\\\\\\\\\\\\\ \ ||||| / //// \\\\\\\\\\\\\\\\/ ||||| \//// ========================================================================= EFFector Online Volume 7 No. 1 01/07/1994 editors@eff.org A Publication of the Electronic Frontier Foundation ISSN 1062-9424 In This Issue: EFF Board's Kapor and Dyson Appointed to NII Advisory Council EFF Helps to Eliminate Outrageous Sentences for Computer Crimes An Arts and Humanities Policy Symposium for the NII (Boston, 1994) Commerce Dept. BBS Update New Outposts on the Electronic Frontier What You Can Do --==--==--==-<>-==--==--==-- EFF Board's Kapor and Dyson Appointed to NII Advisory Council EFF Chairman of the Board Mitch Kapor and Board Member Esther Dyson were 2 of 27 communications leaders appointed to the Clinton Administration's National Information Infrastructure Advisory Council. The Advisory Council will work with the Administration on developing a comprehensive telecommunications policy to meet the needs of both government and the private sector. Mitch Kapor established the Electronic Frontier Foundation in 1990 with John Perry Barlow and currently serves as EFF's Chairman of the Board. Mitch has testified before Congress on communications and computer topics on many occasions. His articles on computer networks and civil liberties, intellectual property, and software design have been published in Scientific American, Forbes, Wired and many other publications. Mitch was the founder of Lotus Development Corporation, were he served as President and Chief Executive Officer from 1982 to 1986, and designed the Lotus 1-2-3 spreadsheet program. Esther Dyson is President of EdVenture Holdings, where she writes and publishes Release 1.0, a monthly newsletter highlighting trends in computer technology. Esther publishes a second newsletter, Rel-EAST, which shares her insights in the newly emerging commercial markets of central and eastern Europe. Esther also sponsors the PC Forum and East-West High Tech Forum conferences. Esther serves on the Board of Trustees of the Santa Fe Institute; is a member of the Global Business Network and the Women's Forum; and serves as an advisor to Perot Systems and the Poynter Institute for Media Studies. The other members of the NII Advisory Council are: Delano Lewis, CEO, National Public Radio (co-chair of the Council) Edward McCracken, CEO, Silicon Graphics (co-chair of the Council) Morton Bahr, Communications Workers of America Toni Bearman, Dean, U. of Pittsburgh School of Library and Info. Sciences Bonnie Bracey, elementary school teacher, Arlington County, VA John Cooke, Pres., Disney Channel Craig Fields, CEO, MCC Lynn Forester, CEO, FirstMark Holdings Carol Fukunaga, Senator, State of Hawaii Haynes Griffin, CEO, Vanguard Cellular Systems George Heilmeier, CEO, Bellcore Susan Herman, GM, Dept. of Telecommunications, City of Los Angeles James Houghton, CEO, Corning Stanley Hubbard, CEO, Hubbard Broadcasting Robert Johnson, Pres., Black Entertainment Television/District Cablevision Robert Kahn, Pres., Corporation for National Research Initiatives Deborah Kaplan, VP, World Institute on Disability Alex Mandl, VP, AT&T Nathan Myhrvold, Sr. VP Advanced Tech, Microsoft Corporation Mac Norton, Attorney, Wright, Lindsey & Jennings Vance Opperman, Pres., West Publishing Jane Smith Patterson, Tech. Advisor to the Governor of North Carolina Bert Roberts, CEO, MCI John Sculley, CEO, Spectrum Info Tech Joan Smith, Chair, Oregon PUC --==--==--==-<>-==--==--==-- Subject: EFF Helps to Eliminate Outrageous Sentences for Computer Crimes Comments opposing the United States Sentencing Commission's proposed guideline for the Computer Fraud and Abuse Act submitted by EFF, SEA (the Society for Electronic Access), CPSR and others have been taken to heart. The U.S.S.C. recently announced a *new* proposal for Computer Fraud and Abuse sentencings. Instead of the single guideline for all computer crimes proposed by the Department of Justice last year, the new guideline takes into account the intention of the defendant by directing the sentencing court to the most appropriate existing guideline. For example, under the old proposed guideline, a first time offender who accessed a computer without authority, copied a non-protected file, and posted that file to a BBS would get 10 to 16 months in prison with no parole -- the judge would have been directed to the Fraud guideline and would have had no discretion to craft another sentence. Under the new guideline, if that intrusion was not done for pecuniary or malicious purposes, the crime will be treated as a misdemeanor, and the sentencing range would be 0 to 6 months. Real wire fraud done with the intent to reap financial gain or to cause harm to the system would result in the minimum 10 to 16 month sentence. EFF is proud to have played a role in encouraging the Sentencing Commission to craft the new guideline. New communications technologies, in their earliest infancy, are becoming the subject of precedent-setting litigation. Overly strict sentences imposed for computer-related fraud and abuse may have the effect of chilling these technologies even as they develop. Until there are more cases on which to base a guideline, individual sentencing decisions are best left to the discretion of the sentencing judge, who presumably is most familiar with the facts unique to each case. Legal precedents, particularly the application of a sentencing guideline to violations of the Computer Fraud and Abuse Act, can radically affect the course of computer technology's future, and with it the fate of an important tool for the exchange of ideas in a democratic society. The Sentencing Commission is asking for comments by March 18, 1994. It's important that we all tell the U.S.S.C. that we're happy with the new proposed guideline for the Computer Fraud and Abuse Act. In the very near future, EFF will be setting up an electronic mailbox to receive electronic comments. In the meantime, written comments can be sent to: United States Sentencing Commission One Columbus Circle, N.E. Suite 2-500, South Lobby Washington, DC 20002-8002 Attention: Public Information A copy of the proposed guidelines is located at 58 Fed. Reg. 67522 or on ftp.eff.org as pub/EFF/Issues/Legal/sentencing.amendment --==--==--==-<>-==--==--==-- Subject: An Arts and Humanities Policy Symposium for the NII (Boston, 1994). CALL FOR PAPERS, PANELS, AND PRESENTATIONS On October 14th, 15th and 16th, the Center for Art Research in Boston will sponsor a National Symposium on Proposed Arts and Humanities Policies for the National Information Infrastructure. Participants will explore the impact of the Clinton Administration's AGENDA FOR ACTION and proposed NII legislation on the future of the arts and the humanities in 21st Century America. The symposium 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 policy which will effect the cultural life of *all* Americans during the coming decades. To participate, submit a 250-word abstract of your proposal for a paper, panel-discussion or presentation, accompanied by a one-page vitae, by March 15, 1994. Special consideration will be given to those efforts that take a critical perspective of the issues, and are concerned with offering specific alternatives to current administration and congressional agendas. The proceedings of the symposium will be video-taped, and papers and panels will be published on CD-ROM. For further information, reply to: Jay Jaroslav, Director jaroslav@artdata.win.net CENTER FOR ART RESEARCH 241 A Street Boston, MA voice: (617) 451-8030 02210-1302 USA fax: (617) 451-1196 --==--==--==-<>-==--==--==-- Subject: Commerce Dept. BBS Update The anouncement in EFFector Online Volume 6 No. 4 about the "Commerce Dept.'s Economic Bulletin Board on the Internet" was both out of date and incomplete. Thanks to kradov@world.std.com and wild@access.digex.net for this update. Most of this stuff is available by gopher, anon ftp, or telnet from una.hh.lib.umich.edu. The University of Michigan library runs a mirror of the Commerce Dept. electronic bulletin board as well. PRICING: Here is the pricing for the EBB. Note: Flat rate subscribers will not pay an additional per file charge for FTP access. Contact Amy Williams at the Commerce Dept. if you have any further questions. The Office of Business Analysis is pleased to announce, starting on Friday, October 1, 1993, new services and new price options for public use of the Economic Bulletin Board will go into effect. These steps are being taken in response to public demand for additional services, to bring the cost of accessing the EBB using higher speed modems and the Internet in line with charges for the current basic service, and to simplify billing and accounting procedures. These changes are highlighted below. BROWSEABLE TOPS: EBB customers accessing trade opportunity (TOPS) files have been required to download an entire file to determine if there are any leads for the types of goods their company represents. Browseable TOPS will allow customers to specify a harmonized tariff code; the EBB will search for that code and create a file containing TOPS for that product if any are available. These specialized TOP files may be downloaded like regular EBB files. ONE-STOP SUBSCRIPTION FEE: Beginning October 1, the annual subscription fee for the EBB will be $45.00. Customers will be able to use the same account number to access all three types of EBB service: the standard service (300, 1200, or 2400 baud), the high speed service (9600 BPS), and access through the Internet using telnet. There will be no additional charge to current subscribers until the end of their subscription period when the renewal cost will increase to $45. MORE FREE TIME: The connect charge credit has been increased to $20 as part of the $45 subscription fee. Standard service customers will now be able to receive 100-400 minutes of free time (depends on time of day called) before connect-time charges start to accrue. For the first time, 9600 BPS and Internet customers will also receive free connect time as part of their subscription. More free time means fewer bills will be sent to low volume customers. CONNECT-TIME CHARGES REDUCED: Connect-time charges for 9600 BPS customers have been reduced from $.50 per minute of use at all times of the day to a sliding rate depending on the time of day called. These charges, which will also apply to Internet customers, are summarized at the end of this announcement. FLAT RATE ACCOUNTS: Large-volume EBB customers may want to consider using one of two flat rate accounts that are now available; one fixed fee covers EBB use for the entire year. Flat rate 1 ($250 per year) allows the subscriber to use the EBB for up to one hour each day. Need more than one hour per day? Flat rate 2 ($400 per year) gives major EBB users such as educational institutions up to four hours of access each day. NOTE: flat rate accounts cannot be used on the EBB during the peak price period (8 AM to noon, Eastern time). FUTURE PLANS: The EBB is now available on the Internet; in the near future, file transfer protocol (FTP) and e-mail services will be made available. The same annual subscription and user identification code will give users access to these services. We plan to charge for these services by the file transferred rather than per minute connected. We expect these charges to be based upon the size of the file ranging from $1.00 for files up to 150 kilobytes to $3.00 for files larger than 500 kilobytes. EBB Charges as of October 1, 1993 The public may obtain full EBB services in two ways; (1) subscription fee plus connect-time charge or (2) flat annual rate account. Subscription Fee basis: Annual subscription fee $45 Credit for connect charges $20 Connect charges (300, 1200, or 2400 baud) 8 AM - noon $.20 per minute noon - 6 PM $.15 per minute 6 PM - 8 AM (all day weekends and holidays $.05 per minute Connect charges (9600 BPS and telnet access via Internet) 8 AM - noon $.40 per minute noon - 6 PM $.30 per minute 6 PM - 8 AM (all day weekends and holidays $.10 per minute Flat Rate Account basis: Option 1 (up to one hour per day) $250 annual fee Option 2 (up to four hours per day) $400 annual fee Note: Single fee covers all EBB charges for entire year; no additional connect-time fees are charged. Flat rate accounts do not have access to the EBB during peak hours of 8 AM - noon. Subscribers and flat rate account holders may access all EBB services with the same account number. --==--==--==-<>-==--==--==-- Subject: New Outposts on the Electronic Frontier New organizations and groups, like and allied with EFF but separate entities, are forming in various parts of the world. Here is some contact information for three of them, all of which, incidentally, are arising in areas once on the furthest edges of "real life" frontiers: Texas and Australia. If you are interested in such efforts in your own area, please feel free to discuss it on comp.org.eff.talk. If interested in starting such an organization, you may wish to participate in the "TheseGroups" mailing list (send a request to thesegroups-request@tic.com), which exists for discussion and cross-fertilization between such organizations, and includes EFF-Austin, New York City's Society for Electronic Access and many other online activism groups and individuals. Please note that TheseGroups is for serious work and idea exchange between active members and staff of civil liberties and online advocacy groups, and is a private list, not a general chat forum. * Electronic Frontiers Australia (EFA) EFA is still in the process of forming and getting organized. Early in 1994 Electronic Frontiers Australia will be formed to define, promote and defend the rights of electronic network users. This new organisation will be similar to EFF in the USA. Michael Baker has announced the incept of a new Internet mailing list forum for discussion and planning in the effort to form a public interest electronic civil liberties organization in Australia. If you want to join EFA contact Michael Baker at any of his addresses listed below. If you want to take part in the formation of EFA (and influence its basic objectives and policies), send a subscribe request to the list request address listed below. General: Michael Baker CompuServe: Michael Baker <100026,1312> FidoNet: Michael Baker, 3:800/838 Mailing list requests: efa-request@iinet.com.au FTP: ftp.eff.org, pub/Groups/EF-Australia EFA, c/o Michael Baker P.O. Box 5 Flaxley SA 5153 Australia Voice: +61 08 388 8439 Fax: +61 08 388 9532 * Electronic Frontiers Houston (EFH) "Electronic Frontiers Houston" (EFH) is a non-profit corporation devoted to working with and for the Houston computer and telecommunications community. Working in alliance with the Electronic Frontier Foundation, EFF-Austin and other national and regional organizations, EFH acts as a focal point for the diverse set of individuals who find themselves involved in computer communications. Included on the EFH's agenda are: advocating civil liberty issues in "cyberspace," promoting wider public access to computer networks, exploring artistic and social implications of new digital media, and educating the public about the increasingly important on-line world. There are several ways to contact EFH: (1) Electronic Mail EFH can be reached via electronic mail from almost every major computer network. There are several important addresses: (a) General Inquiries/Business Internet: efh@blkbox.com WWIVnet: efh@5285 FidoNet: efh@blkbox.com via 1:106/88 Compuserve: INTERN:efh@blkbox.com America On-Line: efh@blkbox.com Genie: efh@blkbox.com@INET# (b) Board of Directors, Officers and a few others Internet: efh-directors@blkbox.com WWIVnet: efh-directors@5285 FidoNet: efh-directors@blkbox.com via 1:106/88 Compuserve: INTERN:efh-directors@blkbox.com America On-Line: efh-directors@blkbox.com Genie: efh-directors@blkbox.com@INET# (2) USENET News For those with access to USENET, there is a special newsgroup devoted to EFH discussion and announcements -- houston.efh.talk It can be accessed using your normal USENET news reader. (3) Bulletin Board Modem users can dial into The Bamboo Gardens BBS, a Houston computer bulletin board which has donated space to the EFH for discussion and dissemination of on-line documents. The phone number is is (713) 665-4656. The modem accepts speeds of up to 14.4 bps. Users may set up a new user account or use the special EFH account by logging on as "EFH GUEST" with the password "EFH" and entering "0000" as the last four digits of your phone number when requested. (4) US Mail EFH 2476 Bolsover #145 Houston, TX 77005. (5) Telephone (Voice) Ed Cavazos at (713) 661-1561 (6) Gopher and FTP For those with access to the Internet, Gopher and FTP access to the EFH archives are available thanks to facilities donated by Texas Internet Consultants. For Gopher access, gopher to "gopher.tic.com" port 70. Look in the "Electronic Frontiers Houston" directory. For FTP access, ftp to "ftp.tic.com". Log in as "anonymous" and enter your e-mail address as a password. Type "cd EFH" to go the EFH's directory. * EFF-Austin Computer-based communication media like electronic mail are creating new forms of community -- the first settlements on an electronic frontier. Our laws and cultural norms, however, do not properly define the rights and responsibilities of the members of these new communities. Conflicts come about as the law struggles with "places" where fundamental notions of speech, property, and place take profoundly new forms. - Protect Your Rights on the Net Law enforcement activities in recent years, publicized as "cracking down on crackers," were in fact seizing computer systems of innocent parties and shutting down bulletin boards used by hundreds of utterly innocent people. These activities, whether through ignorance or malice, deprived many people of legitimate Constitutional rights, chilled free expression and stunted the growth of the Net. EFF-Austin was formed to protect constitutional guarantees of free speech and freedom from unreasonable search and seizure for users of computer networks. Experience has taught us that these freedoms must be fought for if they are to survive in the online world. - Join EFF-Austin EFF-Austin was created as an experimental local chapter of the national EFF but became independent in 1993 while retaining contacts with the parent organization. We're heavily involved in public speaking, education, and advocacy of constitutional rights in cyberspace. We're Austin's forum for discussion of all concerns related to the cutting edge where society meets technology. Contact EFF-Austin by USMail: EFF-Austin PO Box 18957 Austin, TX 78760 by EMail: eff-austin@tic.com or by voice mail: (512)465-7871 --==--==--==-<>-==--==--==-- Subject: What You Can Do "Freedom is fostered when the means of communication are dispersed, decentralized, and easily available, as are printing presses or microcomputers." --Ithiel de Sola Pool from _Technologies of Freedom_ There is more than money at stake in the debate over the development of America's communications highways. Educate yourself. Join EFF. The Administration is currently making decisions that will affect your ability to communicate in the future? Who's protecting your interests? The Electronic Frontier Foundation (EFF) is working with legislators to make sure that principles guaranteeing free speech, privacy and affordable service to consumers are written into new communications legislation. Rep. Edward Markey (D-MA) has already incorporated much of EFF's Open Platform vision into his NII proposal (H.R. 3626). But the fight is not yet won. The only way to make sure that future networks will serve *you* is to become involved. Join EFF and receive regular updates on what's happening and action alerts when immediate action becomes critical. Blind trust in the system won't help you. Take control of your future. EFF is a respected voice for the rights of users of online technologies. We feel that the best way to protect your online rights is to be fully informed and to make your opinions heard. EFF members are informed, and are making a difference. Join EFF today! -------- 8< ------- cut here ------- 8< -------- This form came from EFFector Online ================================================ MEMBERSHIP IN THE ELECTRONIC FRONTIER FOUNDATION ================================================ Print out and mail to: Membership Coordinator Electronic Frontier Foundation 1001 G Street, NW, Suite 950 East, Washington, DC 20001 I wish to become a member of the Electronic Frontier Foundation. I enclose: $__________ Regular membership -- $40 $__________ Student membership -- $20 Special Contribution I wish to make an additional tax-deductible donation in the amount of $__________ to further support the activities of EFF and to broaden participation in the organization. PAYMENT METHOD: ___ Enclosed is a check payable to the Electronic Frontier Foundation. ___ Please charge my: ___ MasterCard ___ Visa ___ American Express Card Number: ___________________________________________ Expiration Date: _______________________________________ Signature: _____________________________________________ NOTE: We do not recommend sending credit card information via the Internet! YOUR CONTACT INFORMATION: Name: ____________________________________________________ Organization: ____________________________________________ Address: _________________________________________________ _______________________________________________________ Phone: (____) _______________ FAX: (____) _______________ (optional) E-mail address: __________________________________________ PREFERRED CONTACT ___ Electronic: Please contact me via the Internet address listed above. I would like to receive the following at that address: ___ EFFector Online - EFF's biweekly electronic newsletter (back issues available from ftp.eff.org, pub/EFF/Newsletters/EFFector). ___ Online Bulletins - bulletins on key developments affecting online communications. NOTE: Traffic may be high. You may wish to browse these publications in the Usenet newsgroup comp.org.eff.news (also available in FidoNet, as EFF-NEWS). ___ Paper: Please contact me through the U.S. Mail at the street address listed above. PRIVACY POLICY EFF occasionally shares our mailing list with other organizations promoting similar goals. However, we respect an individual's right to privacy and will not distribute your name without explicit permission. ___ I grant permission for the EFF to distribute my name and contact information to organizations sharing similar goals. -------- 8< ------- cut here ------- 8< -------- The Electronic Frontier Foundation is a nonprofit, 501(c)(3) organization supported by contributions from individual members, corporations and private foundations. Donations are tax-deductible. INTERNET CONTACT ADDRESSES 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 EFFector Online is published biweekly by the Electronic Frontier Foundation 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.

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