Computer underground Digest Sun Aug 29 1993 Volume 5 : Issue 67 ISSN 1004-042X Editors: Ji

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Computer underground Digest Sun Aug 29 1993 Volume 5 : Issue 67 ISSN 1004-042X Editors: Jim Thomas and Gordon Meyer (TK0JUT2@NIU.BITNET) Archivist: Brendan Kehoe Shadow-Archivists: Dan Carosone / Paul Southworth Ralph Sims / Jyrki Kuoppala Ian Dickinson Cookie Editor: Etaoin Shrdlu, III CONTENTS, #5.67 (Aug 29 1993) File 1--Having Problems Reading CuD with your Software? File 2--FERPA Redux--more on disses/theses as "private records" File 3--Cops plead no contest to selling data File 4--Article on Patient Privacy File 5--CuNews - Whitehouse Mail; SPA's "Cities of Pirates" File 6--Technology Conversion Conference File 7--"Dirty Dan" Teaches "anti-hacking" to 3rd Graders File 8--Calif Assem. Bill #1624 - Latest Full Text Cu-Digest is a weekly electronic journal/newsletter. Subscriptions are available at no cost electronically from tk0jut2@mvs.cso.niu.edu. The editors may be contacted by voice (815-753-0303), fax (815-753-6302) or U.S. mail at: Jim Thomas, Department of Sociology, NIU, DeKalb, IL 60115. Issues of CuD can also be found in the Usenet comp.society.cu-digest news group; on CompuServe in DL0 and DL4 of the IBMBBS SIG, DL1 of LAWSIG, and DL1 of TELECOM; on GEnie in the PF*NPC RT libraries and in the VIRUS/SECURITY library; from America Online in the PC Telecom forum under "computing newsletters;" On Delphi in the General Discussion database of the Internet SIG; on the PC-EXEC BBS at (414) 789-4210; and on: Rune Stone BBS (IIRG WHQ) (203) 832-8441 NUP:Conspiracy; RIPCO BBS (312) 528-5020 CuD is also available via Fidonet File Request from 1:11/70; unlisted nodes and points welcome. EUROPE: from the ComNet in LUXEMBOURG BBS (++352) 466893; In ITALY: Bits against the Empire BBS: +39-461-980493 ANONYMOUS FTP SITES: UNITED STATES: ftp.eff.org (192.88.144.4) in /pub/cud etext.archive.umich.edu (141.211.164.18) in /pub/CuD/cud halcyon.com( 202.135.191.2) in /pub/mirror/cud aql.gatech.edu (128.61.10.53) in /pub/eff/cud AUSTRALIA: ftp.ee.mu.oz.au (128.250.77.2) in /pub/text/CuD. EUROPE: nic.funet.fi in pub/doc/cud. (Finland) ftp.warwick.ac.uk in pub/cud (United Kingdom) COMPUTER UNDERGROUND DIGEST is an open forum dedicated to sharing information among computerists and to the presentation and debate of diverse views. CuD material may be reprinted for non-profit as long as the source is cited. Authors hold a presumptive copyright, and they should be contacted for reprint permission. It is assumed that non-personal mail to the moderators may be reprinted unless otherwise specified. Readers are encouraged to submit reasoned articles relating to computer culture and communication. Articles are preferred to short responses. Please avoid quoting previous posts unless absolutely necessary. DISCLAIMER: The views represented herein do not necessarily represent the views of the moderators. Digest contributors assume all responsibility for ensuring that articles submitted do not violate copyright protections. ---------------------------------------------------------------------- Date: Sun, 29 Aug 1993 16:49:21 CDT From: CuD Moderators Subject: File 1--Having Problems Reading CuD with your Software? We receive periodic reports that sometimes CuDs are truncated, grossly mis-formatted, or otherwise glitched when the arrive. CuDs leave us as a single file formatted according to standard digest conventions. Usenet readers often have an option of several software programs, such as tn, nn, rn, or burst (among others). Sometimes the programs vary in what they access (for example, nn excludes the preliminary "administrative trivia" which contains the editorial statement and ftp/back issue info). Those receiving CuD from the mailing list may download it and read with a word processing program that garbles the format. On occasion, the way a system receives a program may also cause a glitch. For example, CIS readers reported truncated CuDs and wondered if we could fix the problem. It appears, however, that they were using "WinCIM" to access the service, and that the program has a bug in it. American On Line readers using DOS were receiving about a fifth of each issue because of space limitations on incoming mail (MAC readers where receiving about 2/3s of an issue). We appreciate it when readers notify us of problems, because it helps us keep track of things and sometimes note to the recipient's postmaster can fix things. In general, however, we can't do much about fixing glitches. If you are having problems reading CuDs, we suggest that you contact your local system guru and send a copy of your note to us, along with a brief example of the problem. If the response isn't adequate, then we'll try to contact the admins to see if we can help resolve the problem. For those who've asked, we can't, unfortunately, change the formatting without causing problems for the vast majority of readers, but we can try to share tips on resolving some of the problems, about 99 percent of which can be done simply by switching to an alternative reader. ------------------------------ Date: Fri, 27 Aug 1993 9:21:09 GMT+13:16 From: Susan Rabe Subject: File 2--FERPA Redux--more on disses/theses as "private records" ((MODERATORS'S NOTE: In CuD 5.66, we ran the story and our response to the FERPA ruling by the U.S. Dept of Education, which would re-classify graduate student theses and dissertations as private student records and therefore subject to privacy laws. The following post elaborates on the FERPA interpretation)). ++++ I've extracted this from a recent posting on ala-wo@uicvm. It gives more details on the ruling than the original posting. The hangup on theses and dissertations seems to rest on whether or not you consider them published. (3rd paragraph, 2nd to last line) ********************************************************************* ISSN 1069-7799 ALAWON ALA Washington Office Newsline An electronic publication of the American Library Association Washington Office Volume 2, Number 35 August 26, 1993 DISTRESSING DISSERTATION DEVELOPMENT A recent AP news release reports that the U.S. Department of Education has ruled that masters and doctoral theses are considered to be student "education records," similar to grade records, and are therefore subject to the Family Educational Rights and Privacy Act (FERPA). Accordingly, students' theses may not be accessed by academic researchers without the permission of the student authors. An opinion issued by LeRoy S. Rooker, Director of the Family Policy Compliance Office, U.S. Department of Education, stated: As you know, FERPA generally protects a student's privacy interests with regard to "education records." "Education records" are defined as those records that are 1) directly related to a student and 2) maintained by an educational agency or institution or a party acting for the agency or institution. 34 CFR 99.3. Accordingly, any records which are directly related to a student and are maintained by the University are education records subject to the provisions of FERPA. Thus, there are no distinctions between undergraduate and graduate theses. FERPA prevents subject educational agencies and institutions from disclosing education records without prior written consent, with specified exceptions 34 CFR 99.30 and 99.31. None of the exceptions would permit making student theses available to the public, such as in the University Library, without first obtaining written consent from the student. Further, the written consent must specify the records that may be disclosed; state the purpose of the disclosure; and identify the party or class of parties to whom the disclosure may be made. 34 CFR 99.30(b). This Office recognizes that undergraduate honors theses and graduate theses differ in nature from typical student research papers and other education records in that theses often become research sources themselves and are on occasion published. As such, this Office would consider any written statement by a student permitting publication of a thesis sufficient consent under FERPA because such statement shows that the student intended the work to become publicly available. Rooker told the ALA Washington Office that his office would not take any action on this issue unless they receive a complaint. ------------------------------ Date: Wed, 25 Aug 93 11:19:11 PDT From: ross@QCKTRN.COM(Gary Ross) Subject: File 3--Cops plead no contest to selling data Cops plead no contest to selling data From the San Jose Mercury News August 24, 1993: Two former San Jose police officers - arrested last summer for selling confidential "rap sheets" and driver information to a private investigator - face three months in Santa Clara County Jail after pleading no contest to felony conspiracy charges Monday. The two men are scheduled to be sentenced Sept. 17 by Santa Clara County Superior Court Judge Robert Foley. Brian D. Blackford, 34, and Robert W. Brownlee, 29 are currently free on bail. Sheila Jean Klopper, 47 - the Mountain View private investigator to whom they illegally furnished data from the police department's computer bank - already has pleaded guilty to a reduced charge, been sentenced to two year's probation and ordered to pay a $300 fine. Brownlee, a patrol officer for two years, and Blackford, an eight-year veteran, were fired after a departmental investigation of the charges. "We hope the prosecution of this case will send a message to those who might otherwise abuse the computer system," Deputy District Attorney James Shore said Monday. "Maybe it will make people think twice. If you had told them (Blackford and Brownlee) that they would lose their jobs over this, they wouldn't have done it." Originally accused of a felony, Klopper pleaded guilty to a mis-demeanor after a preliminary hearing during which Municipal Judge Edward J. Nelson - over Shore's objections - granted a motion to lower the charge. Nelson ruled that while Klopper had initially solicited the officers for confidential information, the offenses by Brownlee and Blackford were more serious because they had violated positions of trust for which they should be held to a higher standard. When first approached by Klopper, they could simply have told her "no," said Nelson. The three were arrested last August after a police probe revealed the two officers had accessed the department's computer system to provide Klopper Investigations of Mountain View with information in connection with criminal and civil cases. Klopper, who paid $25 a copy for the documents, worked for several of San Jose's prominent lawyers. It could never be determined exactly how many records Klopper purchased, but the total exceeded 50 and may have numbered several hundred over a year or more, Shore said. Under state law, police officers are permitted access to criminal background information only for official investigations. In the San Jose Police Department, an officer can retrieve a background report from the Criminal Justice Information System by logging onto a computer. Badge numbers are used to identify the individual seeking the information. Brownlee and Blackford circumvented the procedures meant to identify officers by signing onto the system with either non-existent badge numbers or with the badge numbers of other officers, according to Shore. On one occasion, the number 1000 - used by retired Chief Joseph McNamara, was used to bypass security. Daniel Jansen, the attorney for Blackford and Brownlee, said theirs was "one of the saddest cases" he has handled in the years he has been defending cops. "Two fine officers threw over their careers for so little. It cost them so much," he said. Both men went through divorces after their arrests. ------------------------------ Date: Fri, 27 Aug 93 14:45:41 MDT From: rcarter@NYX.CS.DU.EDU(Ron Carter) Subject: File 4--Article on Patient Privacy Here is an article that was printed in the 27 AUG 93 Denver Post: Patients' legal past for sale By Tamar Lewin, The New York Times Philadelphia doctors will soon be offered a new service that may have been inevitable in a society in which both lawsuits and computers are commonplace: For $80 a month, they can find out whether a prospective patient has ever filed a malpractice suit against another doctor. The service, Courtscan, is to begin direct-mail marketing to Philadelphia-area doctors next week, said William Benedict, president of Courtscan Services in Greenwich, Conn. Benedict said the service would be expanded to New York, Chicago, Houston, Los Angeles and Miami within six months. He also said that he planned to offer a similar service to employers, landlords, insurers and others who may be leery of litigation. Courtscan will offer doctors "complete litigation histories of patients in 60 seconds or less," Benedict said. The company's advertisements counsel doctors to "screen new patients you think might be `malpractice-prone,' so you can adopt necessary defensive cautionary measures." Litigation records have always been public, but until the advent of computers it was extremely cumbersome to search court records for a particular person's legal complaints. But now, Benedict said, his company has a data base of all 802,000 lawsuit and judgments filed with Philadelphia's Court of Common Pleas since 1982. While there is nothing illegal in compiling or selling such data, some doctors and consumer advocates worry that such a service might do more harm than good, smearing individuals who had filed claims in good faith and creating an increasingly hostile relationship between doctors and patients. Indeed, the Pennsylvania Medical Society recently refused to run an advertisement for Courtscan in its monthly magazine. "We are concerned about anything that would possibly prejudice a physician against caring for a particular patient," said Dr. Donald Ferguson, the president of the society. ------------------------------ From: grmeyer@GENIE.GEIS.COM Date: Sat, 28 Aug 93 00:05:00 BST Subject: File 5--CuNews - Whitehouse Mail; SPA's "Cities of Pirates" Anti-Smoking Video Game ======================= In an effort to use video games as social/health propaganda, the American Cancer Society will be placing "Tabaccoid" video games in shopping malls. While the game doesn't have any blatant messages, player must kill the evil Tobacco monster (dubbed "Tabaccoid") to advance in the game. The free-play arcade game will be appearing in shopping malls soon. (WLS Radio, Chicago IL 8/23/93) Executive Branch Email ====================== The White House has until September to appeal a US appellate court ruling that email must be preserved, as are paper documents, for storage in the National Archives. The ruling applies primarily to a 1300-user network that links the White House, the Cabinet, and the National Security Council. White House information services officials are reportedly displeased, but one anonymously stated that the White House Communications Agency "must and will adhere to the law". (Information Week. August 23, 1993. pg 15) City of Pirates =============== The SPA (Software Publishers Association) says that 34 of the piracy cases it closed in fiscal '93 were in Los Angeles. SPA characterizes the city as a "piracy hotspot". New York City (28 cases) and San Francisco (18) were close behind. On a per-state basis, California, Texas, Florida, New York, and Illinois are the top five for anti-piracy action over the last three years. These five states combined account for 62% of SPA cases. Since 1990 the SPA has initiated more than 1300 actions across the nation. (Information Week. August 23, 1993. pg 16) ComputerWorld (August 23, 1993 pg 16) adds that Houston is the city with the fourth largest incidence of piracy cases. All Time Wiretap Record ======================= The Privacy Journal reports the Bush adminstration's average of 332 wiretap applications per year - mainly for drug offenses - was nearly twice the yearly amount of the Reagan administration. In comparison: from the time of the Watergate years in the early-1970's to 1983, federal wiretap authorization did not exceed 140 in one year. (Communications of the ACM. Sept 1993. pg13 Reprinted with permission) ------------------------------ Date: Thu, 19 Aug 1993 14:45:31 EDT From: Greg Bischak Subject: File 6--Technology Conversion Conference I. Conference Announcement National Conference on Technology Conversion: Reinvestment in National Needs October 7 and 8, 1993 Rosslyn Westpark Hotel Arlington VA Speakers will Include Representatives from: American Capital Strategies Cray Research Corporation Department of Energy Federal Highway Administration Industrial Union Department, AFL-CIO International Association of Machinists National Economic Council National Institute of Standards and Technology Northrop Corporation Office of Technology Assessment Sun Microsystems United Technologies Corporation White House Office of Science and Technology Policy Westinghouse Electric Corporation World Resources Institute Worldwatch Institute The National Commission for Economic Conversion and Disarmament will convene a conference on a major aspect of the conversion challenge: 1. To redirect our military-oriented federal science and technology policy toward solving our neglected domestic problems 2. To promote investments in emerging technologies that can create new jobs and market opportunities for converting businesses 3. To explore the means of financing technology conversion 4. To democratize the discussion of this new policy The conference will bring together policy makers within the Administration and Congress, scientists and engineers, corporate managers and trade unionists, and those in the independent sector working on issues of conversion, the environment, renewable energy and transportation policy. In plenary sessions we will examine current science and technology policy, the missing pieces of this policy, and the means of financing investments that will turn emerging technologies into sustainable, life-affirming enterprise. In working groups we will look more closely at some of the most promising of these technologies. Conference Co-Sponsors Include: Economic Policy Institute Industrial Union Department, AFL-CIO Energy Conversion Devices, Inc. University of Wisconsin Extension/ School for Workers 21st Century Project II. Registration Information To register by mail send a check for $80, payable to ECD, to: ECD, Suite 9, 1801 18th Street, NW, Washington, D.C. 20009. Your registration fee covers lunch and break refreshments on both days and refreshments at the October 7 reception (there will be a cash bar). A small number of rooms have been reserved for conference participants at the Westpark Hotel, at a reduced rate of $87.00 per night. For reservations call (703) 527-4814 or (800) 368-3408. The Westpark Hotel is located at 1900 North Fort Myer Drive, Arlington, VA, one block from the Key Bridge and the Rosslyn Metro Stop; on the Blue Line from National Airport. Space is limited, so please make reservations early. If you have any questions regarding the conference, please call Miriam Pemberton, Jim Raffel or Kristen Kann at 202-462-0091. On the afternoon of October 8th we will hold 12 workshops on emerging technologies, four at a time. To help us schedule these to accommodate conference participants best, please indicate the three workshops that you are most interested in attending when registering: A. Fuel Cell Technology B. Renewable and Alternative Energy Technology C. Transportation Technology D. Environmental Technology E. Aerospace Technologies: New Commercial Markets F. Infrastructure Development G. Smart Materials Technology Implementation in Infrastructure Enhancement H. High Speed Rail and Freight Transportation I. Zero-Discharge Manufacturing Technology J. Information Infrastructure K. Shipbuilding Industry L. Manufacturing Extension Services III. Preliminary Conference Schedule THURSDAY, OCTOBER 7, MORNING SESSION Plenary I - Conversion and National Science & Technology Policy 1. Introductory Remarks: Senator Barbara Boxer, (D-CA) (invited) Katherine Gillman, Special Assistant for Defense Conversion, White House Office of Science and Technology Policy Ann Markusen, Professor, Rutgers University; co-author of Dismantling the Cold War Economy 2. Redefining National Security: Federal Policies Rep. George Brown (D-CA), Chair, House Science, Space and Technology Committee (invited) Vice President Albert Gore, Jr. (invited) Seymour Melman, Chair, National Commission for Economic Conversion and Disarmament 3. Dual-Use Technology Policy and Beyond Dorothy Robyn, National Economic Council Lewis M. Branscomb, Albert Pratt Public Service Professor, John F. Kennedy School of Government, Harvard University 4. Technology Transfer Rep. Ron Wyden, (D-OR) Robert D. Glasser, Center for National Security Studies, Los Alamos National Lab Jim Ling, Science, Technology and Public Policy Program, MIT THURSDAY, OCTOBER 7, AFTERNOON SESSION Plenary II - Reinvestment and Conversion: Toward a National Needs Agenda 1. Environmental Sustainability Michael Renner, Senior Researcher, Worldwatch Institute Greg Pitts, Microelectronic and Computer Technology Corporation 2. Economic Conversion Peter diCicco, Secretary Treasurer, Industrial Union Department, AFL-CIO Rep. Rosa DeLauro, (D-CT) (invited) Lou Kiefer, International Association of Machinists and Aerospace Workers Joseph Hoffman, Manager of Marketing Systems Development and Engineering Division,Westinghouse Electronics Systems Group 3. Democratizing the Decision-Making Process Gary Chapman, Director, 21st Century Project, a nationwide effort to reorient public support for science and technology toward solving critical domestic problems Jim Benn, Federation for Industrial Renewal and Retention (FIRR) 4. Reception (Thursday Evening) FRIDAY OCTOBER 8, MORNING SESSION Plenary III - Financing High Technology Innovation and Infrastructure Development 1. Government Initiatives and Institutions Jeff Faux, Economic Policy Institute Herb Whitehouse, Whitehouse Fiduciary Advisers 2. Private Financing Bruce R. Guile, Director, Programs, National Academy of Engineering, Washington, DC; tax credits and incentives for innovation and new technology R&D Tom Schlesinger, Southern Finance Project 3. Alternative Financing Structures Martin Trimble, National Association of Community Development Loan Funds Mike Locker, Locker and Associates, economic consulting firm specializing in conducting feasibility studies for employee buyouts, with a concentration on the steel industry Adam Blumenthal, Vice President and Partner, American Capital Strategies FRIDAY, OCTOBER 8, AFTERNOON SESSION Workshops on the Following Emerging Technologies: A. Fuel Cell Technology William J. Lueckel, Vice President, Government Programs and Marketing, International Fuel Cells, United Technologies Corporation Jeff Serfass, Exec. Dir., Fuel Cell Commercialization Group B. Renewable and Alternative Energy Technology Eric Vaughn, President, Renewable Fuel Association Frank Bruno, CEO, Turbo Power and Marine Systems, Inc., division of Pratt Whitney (invited) C. Transportation Technology: Vehicles, Highways and Public Transit Victor S. Rezendes, Director, Energy Issues, GAO; on flexible fuel vehicle program Wesley B. Truitt, Deputy Manager for Business Development, Northrop Corporation D. Environmental Technology David Blaskovich, Senior Director, Environmental Programs, Cray Research Corporation Mark Schaefer, White House Office of Science and Technology Policy R. Darryl Banks, Program Director, Program in Technology and Environment, World Resources Institute Clyde Frank, Deputy Assistant Secretary for Technology Development, Office of Environmental Management, Department of Energy E. Aerospace Technologies David P. Radzanowski, Analyst in Aerospace Policy, Science Policy Research Division, Congressional Research Service Samuel N. Goward, Associate Professor, Director, Laboratory for Global Remote Sensing Studies, University of Maryland at College Park F. Infrastructure Development Harry B. Caldwell, Office of Policy Development, Highway Needs and Investment Branch, Federal Highway Administration Sue McNeil, Carnegie-Mellon University; infrastructure management, condition assessment, and image processing G. Smart Materials Technology Implementation in Infrastructure Enhancement Craig A. Rogers, Professor and Director, Center for Intelligent Material Systems and Structures, Virginia Tech Vijay Varadan, Professor of Engineering Science, Pennsylvania State University and Editor-in-Chief, Journal of Smart Materials and Structures H. High Speed Rail and Freight Transportation Raymond V. Lanman, National Railroad Passenger Corporation (Amtrak); commuter rail and business development Edward K. Morlok, University of Pennsylvania; freight transportation in the future: New Demands, New Approaches, New Technologies John Ullmann, Professor of Management and Quantitative Methods, Hofstra University I. Zero-Discharge Manufacturing Technology Robert Atkinson, U.S. Congress, OTA, Industrial Technology & Employment Program. Ken Geiser, Director, Toxics Use Reduction Institute at U Mass, Lowell J. Information Infrastructure Marc Rotenberg, Washington Office Director, Computer Professionals for Social Responsibility John Gage, Sun Microsystems (invited) K. Shipbuilding Industry William Avery, Johns Hopkins Applied Physics Laboratory; expert on Ocean Thermal Energy Conversion technology Virgil Rinehart, Senior Advisor for Shipbuilding, Maritime Administration (invited) L. Manufacturing Extension Services Philip Nanzetta, Director, Manufacturing Extension Partnership, National Institute of Standards and Technology George Sutherland, Director, Great Lakes Manufacturing Technology Center ------------------------------ Date: Sun, 21 Aug 1993 11:32:43 EDT From: anonymous@bbs.reader Subject: File 7--"Dirty Dan" Teaches "anti-hacking" to 3rd Graders "Ethics Program for Children Introduces 'Dirty Dan' the Hacker" Source: The Orange County Register, Feb. 22, 1993, p. D24 (from staff and news service reports) Goosebery makes computer mistakes because she hasn't been properly trained. Chip worries that Gooseberry's blunders will spill secrets. And then there's Dirty Dan, the hapless hacker whose dastardly doings know no bounds. Welcome to the latest in computer crime prevention -- an ethics and security program designed to teach children from kindergarten through third grade to take a "byte" out of crime. "The average hackers's getting younger and younger," program developer Lonnie Moore said."Right now, there's a computer in every classroom. What we found was that nobody out there is teaching ethics and security." Moore is a computer security manager at the Lawrence Livermore National Laboratory's Computation Organization. Workers there, including puppeteer Gale Warshawsky, have developed a 30-minute presentation for young computer users. The star of the show is Chip, a puppet representing the computer itself. Gooseberry is the poorly trained computer operator, Dirty Dan the heinous hacker -- and sloppy eater -- and Goldie Sock the commentator. Philip Chapnick, director of the Computer Security Institute in San Francisco, praised the idea of teaching children to be good computer citizens. "One of the major issues in information security in companies now is awareness. Starting the kids off early. ...I think it will pay off," Chapnick said. ------------------------------ Date: Fri, 27 Aug 1993 17:36:04 GMT From: kiddyr@GALLANT.APPLE.COM(Ray Kiddy) Subject: File 8--Calif Assem. Bill #1624 - Latest Full Text ((MODERATORS' NOTE: Here is the latest version of California Assembly Bill #1624, which would mandate electronic availability of legislative and other material. Readers might begin contacting their own state legislatures and encourage them to introduce similar legislation)). AMENDED IN SENATE AUGUST 25, 1993 AMENDED IN SENATE AUGUST 16, 1993 AMENDED IN SENATE JUNE 17, 1993 AMENDED IN ASSEMBLY MAY 18, 1993 CALIFORNIA LEGISLATURE--1993-94 REGULAR SESSION ASSEMBLY BILL No. 1624 Introduced by Assembly Member Bowen (Principal coauthor: Senator Torres) (Coauthors: Assembly Members Areias, Bornstein, Goldsmith, Isenberg, Johnson, Karnette, Katz Mountjoy, Nolan, Polanco, Speier, and Vasconcellos) (Coauthors: Senators Dills, Hayden, Killea, Morgan, and Rosenthal) March 4, 1993 An act to add Section 10248 to the Government Code, relating to the Legislature; LEGISLATIVE COUNSELUS DIGEST AB 1624, as amended, Bowen. Legislature: legislative information: access by computer network. Under existing law, all meetings of a house of the Legislature or a committee thereof are required to be open and public, unless specifically exempted, and any meeting that is required to be open and public, including specified closed sessions, may be held only after full and timely notice to the public as provided by the Joint Rules of the Assembly and Senate. This bill would make legislative findings and declarations that the public should be informed to the fullest extent possible as to the time, place, and agenda for each meeting. This bill would require the Legislative Counsel, with the advice of the Assembly Committee on Rules and the Senate Committee on Rules, to make available to the public, by means of access by way of the largest nonproprietary, nonprofit cooperative public computer network, specified information concerning bills, the proceedings of the houses and committees of the Legislature, statutory enactments, and the California Constitution. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. The people of the State of California do enact as follows: 1 SECTION 1. Section 10248 is added to the 2 Government Code, to read: 3 10248. (a) The Legislature finds and declares that 4 the public should be informed to the fullest extent 5 possible as to the time, place, and agenda for each 6 meeting of the houses and committees of the Legislature. 7 The Legislature further finds and declares that it is 8 desirable to make timely information regarding these 9 proceedings available to each member of the public, 10 irrespective of where he or she resides, for the least cost 11 possible. 12 (b) The Legislative Counsel shall, with the advice of 13 the Assembly Committee on 14 Rules and the Senate Committee on Rules, make all of the 15 following information available to the public in electronic 16 form: 17 (1) The most recent Assembly Daily File and most 18 recent Daily Senate File. 19 (2) The text of each bill introduced in each current 20 legislative session, including all amended forms of the 21 bill. 22 (3) The bill history of each bill introduced and 23 amended in each current legislative session. 24 (4) The bill status of each bill introduced and 25 amended in each current legislative session. 26 (5) All bill analyses prepared in connection with each 1 bill in each current legislative session. 2 (6) All vote information concerning each bill in each 3 current legislative session. 4 (7) 5 Any veto messages concerning a bill in each current 6 legislative session. 7 (8) The California Codes. 8 (9) The California Constitution. 9 (10) All uncodified statutes enacted on or after 10 January 1, 1993. 11 (11) Documentation that is available to the public and 12 maintained in computerized form by the Legislative 13 Counsel which describes the computerized digital 14 formats of the files containing the information specified 15 in this subdivision. 16 (c) The Legislative Counsel shall automatically 17 transmit copies of files of the information specified in 18 specified in subdivision (b) by way of the largest 19 nonproprietary, nonprofit cooperative public computer 20 network upon receiving any computerized request for 21 the files. 33 The 34 information in the files shall be formatted in the same 35 manner as that maintained in the legislative information 36 system that is operated and maintained by the Legislative 37 Counsel. The files shall be made available immediately 38 after the information system is updated with the files. In 39 the event that a technical malfunction prevents these 40 files from being made available within four hours after 1 the information system is updated with them, the 2 Legislative Counsel shall report that fact to the Assembly 3 Committee on Rules and the Senate Committee on Rules 4 within one business day. 5 (d) Any file that is available pursuant to subdivision 6 (c) shall remain available to the public upon request by 7 electronic digital data transmission until it is updated. 8 When a file is updated, a copy of the file without the 9 updated information shall remain available to the public 10 by electronic data digital transmission for at least 90 days 11 after the update. 12 (e) The Legislative Counsel may not control which or 13 how many files are available to a person who requests the 14 files nor monitor or keep any records about those persons 15 who request files, except for the purpose of assuring the 16 quality of computer operations. No fee or other charge 17 shall be imposed as a condition 20 of accessing the information that is accessible by way of 21 the computer network specified in subdivision (c). 22 (f) The electronic public access provided by 23 subdivision (c) shall be in addition to other electronic 24 or print distribution of the information. 25 (g) No action taken pursuant to this section shall be 26 deemed to alter or relinquish any copyright or other 27 proprietary interest or entitlement of the State of 28 California relating to any of the information made 29 available pursuant to this section. ------------------------------ End of Computer Underground Digest #5.67 ************************************

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