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FYI [Fwd: EPIC Alert 5.15]
- To: "debate@fitug.de" <debate@fitug.de>
- Subject: FYI [Fwd: EPIC Alert 5.15]
- From: Rigo Wenning <wenning2@rz.uni-sb.de>
- Date: Fri, 30 Oct 1998 10:30:29 +0100
- Comment: This message comes from the debate mailing list.
- Reply-To: rigo@fitug.de
- Sender: owner-debate@fitug.de
Marc Rotenberg wrote:
>
> There are several items in the current issues of the
> EPIC Alert that may be of interest to GILC members.
>
> Marc.
>
> --------
>
> Date: Wed, 28 Oct 1998 18:59:16 -0500
> Subject: EPIC Alert 5.15
> From: "EPIC-News List" <epic-news@epic.org>
> To: epic-news@epic.org
> Mime-Version: 1.0
> Precedence: Bulk
> Reply-To: info@epic.org
> X-Subscribe-URL: http://www.epic.org/alert/subscription.html
> Status: R
>
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> ==============================================================
> Volume 5.15 October 28, 1998
> --------------------------------------------------------------
>
> Published by the
> Electronic Privacy Information Center (EPIC)
> Washington, D.C.
>
> http://www.epic.org
>
> =======================================================================
> Table of Contents
> =======================================================================
>
> [1] Lawsuit Filed Against New Censorship Law
> [2] European Privacy Law Goes Forward
> [3] FCC Gives Tentative Approval to FBI Wiretap Standards
> [4] EPIC Releases New Report on Endangered Civil Liberties
> [5] 10th GVU WWW Survey Underway
> [6] Report on NSA's Echelon Network Goes to Congress
> [7] New Bills and Actions in Congress
> [8] Upcoming Conferences and Events
>
> =======================================================================
> [1] Lawsuit Filed Against New Censorship Law
> =======================================================================
>
> EPIC has joined other online civil liberties groups in a court
> challenge to the new federal Internet censorship bill signed by
> President Clinton as part of the omnibus budget package. The lawsuit,
> filed in Philadelphia on October 22, asserts that the "Child Online
> Protection Act" will violate both the free speech and privacy rights
> of Internet users. The case is being litigated by EPIC, the American
> Civil Liberties Union and the Electronic Frontier Foundation.
> Demonstrating the range of speech affected, the list of plaintiffs
> includes the Internet Content Coalition, a member group including Time
> Inc., Warner Bros., C/NET and The New York Times Online; OBGYN.Net, a
> women's health website; Philadelphia Gay News; and Salon Magazine.
>
> In February 1996, EPIC, ACLU and EFF filed a challenge to the
> ill-fated Communications Decency Act. A three-judge federal panel in
> Philadelphia struck down the law in June 1996, a ruling that was
> upheld by a unanimous Supreme Court one year later.
>
> The "Child Online Protection Act" makes it a federal crime to
> "knowingly" communicate "for commercial purposes" material considered
> "harmful to minors." Penalties include fines of up to $50,000 for
> each day of violation, and up to six months in prison if convicted of
> a crime. The government also has the option of bringing a civil suit
> against individuals under a lower standard of proof, with the same
> financial penalty of up to $50,000 per violation. Compliance with the
> Act would require websites to obtain identification and age
> verification from visitors, a feature of the law that threatens online
> privacy and anonymity.
>
> In a seven-page analysis of the bill sent to Congress on October 5,
> the Justice Department said that the bill had "serious constitutional
> problems" and would likely draw resources away from more important law
> enforcement efforts such as tracking down hard-core child
> pornographers and child predators. The Justice Department also noted
> that the new law is ineffective because minors would still be able to
> access news groups or Internet relay chat channels, as well as any
> website generated from outside of the United States.
>
> The text of the complaint is available at:
>
> http://www.epic.org/free_speech/copa/complaint.html
>
> =======================================================================
> [2] European Privacy Law Goes Forward
> =======================================================================
>
> The European Union Data Directive goes into force this week. The new
> law provides basic privacy rights for consumers and should encourage
> the development of privacy enhancing technologies. The data directive
> grew out of specific circumstances related to the integration of the
> European economies and the need to harmonize national privacy laws. It
> also reflects a widely held belief that privacy is a fundamental human
> right, entitled to full protection in law.
>
> Under the EU rules, European citizens have a right to:
>
> See any information about them and know how the information
> will be used;
>
> access the information and make corrections;
>
> be notified before the information is sold or shared elsewhere
> and choose who else can have access to the information; and
>
> sue if a company is in violation of these conditions.
>
> The EU Data Directive has been endorsed strongly by BEUC, the leading
> European Consumers Organization. In a letter this month to European
> Commission Member Mario Monti, BEUC Director Jim Murray wrote, "Our
> concern is with the personal data of European consumers which may be
> exported to the U.S. European consumers must not lose their specific
> protections when that data is exported. If the U.S. cannot give
> effective guarantees on this point, personal data should not be
> exported from the EU to the U.S."
>
> Other countries are following Europe's lead. Canada is the most recent
> of several governments that have announced plans to adopt comprehensive
> privacy legislation to promote consumer confidence and encourage the
> development of new commercial services. The EU Data Directive has also
> been cited several times as contributing to the decision of EU member
> countries not to endorse the U.S.-promoted key escrow/key recovery
> encryption scheme.
>
> Simon Davies, Director of Privacy International, has indicated that PI
> will begin enforcement actions against firms that fail to comply with
> the requirements of the EU Directive as early as this year. Louise
> Sylvan, Vice President of Consumer International, has said that the
> international consumer organization will begin an evaluation this year
> of the adequacy of consumer privacy protection around the globe. In
> the United States opinion polls show public support for new privacy
> legislation.
>
> The following resources are available online:
>
> European Union Directive
>
> http://www.privacy.org/pi/intl_orgs/ec/eudp.html
>
> Privacy International
>
> http://www.privacy.org/pi/
>
> Consumers International
>
> http://www.consumersinternational.org/
>
> EPIC Congressional Testimony on the EU Data Directive and Privacy
>
> http://www.epic.org/privacy/intl/rotenberg-eu-testimony-598.html
>
> =======================================================================
> [3] FCC Gives Tentative Approval to FBI Wiretap Standards
> =======================================================================
>
> In a statement released on October 22, the Federal Communications
> Commission expressed its tentative approval of FBI-proposed technical
> requirements that would enable law enforcement to determine the
> location of individuals using cellular telephones. The Commission
> tentatively approved some other capabilities requested by the Bureau,
> rejected several, and deferred decisions on other issues, including
> surveillance of Internet "packet" communications. The initial decision
> came in a proceeding under the controversial Communications Assistance
> to Law Enforcement Act (CALEA). EPIC previously filed formal comments
> with the FCC urging the protection of communications privacy.
>
> In its "Further Notice of Proposed Rulemaking," the FCC proposes to
> adopt the "uncontested" elements of an interim technical standard for
> CALEA compliance developed by the FBI and the telecommunications
> industry. Despite the Commission's characterization, EPIC and other
> parties had urged the rejection of the interim standard. With respect
> to nine capabilities the Bureau and industry were unable to agree on,
> the FCC tentatively endorsed five, rejected three and expressed no
> opinion on one. "Location information" -- the ability to determine
> the physical location of a cellular phone user -- was the most
> controversial issue before the Commission and is likely to receive the
> most attention in further proceedings.
>
> The FCC action of October 22 is not final. The Commission emphasized
> that
>
> while the [Notice] proposes only initial threshold
> judgments on each of the above issues, the Commission
> in this proceeding -- as directed by Congress -- will
> also take into account five factors that must be
> considered under [CALEA]. Those factors are:
> (1) meeting the assistance capability requirements of
> section 103 by cost-effective methods; (2) protecting
> the privacy and security of communications not authorized
> to be intercepted; (3) minimizing the cost of CALEA
> compliance on residential ratepayers; (4) serving the
> policy of the United States to encourage the provision
> of new technologies and services to the public; and (5)
> providing a reasonable time and conditions for CALEA
> compliance.
>
> Additional information on CALEA is available at:
>
> http://www.epic.org/privacy/wiretap/
>
> =======================================================================
> [4] EPIC Releases New Report on Endangered Civil Liberties
> =======================================================================
>
> On October 26, EPIC released a new report -- "Critical Infrastructure
> Protection and the Endangerment of Civil Liberties." The report
> finds that several Administration recommendations and proposals --
> including two Presidential Decision Directives (62 and 63) -- may
> severely impact the privacy and civil liberties of Americans.
>
> Notably, the report calls into question the increased national
> policing powers of the FBI and the Defense Department in monitoring
> potential attacks on the nation's critical infrastructure, including
> the Internet. These activities are being facilitated by several new
> federal agencies with significant powers to conduct monitoring of
> network activity, including the FBI's National Infrastructure Threat
> Center, the White House's Critical Infrastructure Assurance Office
> (CIAO), and the President's National Coordinator for Security,
> Infrastructure Protection, and Counter-Terrorism.
>
> Several proposals contained in last year's report by the President's
> Commission on Critical Infrastructure Protection (the "Marsh Report")
> could significantly weaken such important legislation as the Privacy
> Act of 1974, the Electronic Communications Privacy Act, the Computer
> Security Act, Posse Comitatus, the Freedom of Information Act, the
> Employee Polygraph Protection Act, the Federal Advisory Committee Act,
> and various state privacy and freedom of information laws.
>
> The EPIC report was released at a press briefing at the National Press
> Club. Proposals to virtually "deputize" private sector information
> system and network security personnel by requiring them to be
> subjected to polygraph examinations were criticized as "absurd" by
> noted computer security expert Bill Murray, who spoke as a panelist on
> behalf of the International Information System Security Certification
> Consortium (ISC2),
>
> Resource materials on critical infrastructure protection, including
> the EPIC report (in PDF format), are available at:
>
> http://www.epic.org/security/infowar/resources.html
>
> =======================================================================
> [5] 10th GVU WWW Survey Underway
> =======================================================================
>
> The Graphics, Visualization & Usability Center, an academic research
> center affiliated with Georgia Tech's College of Computing, is now
> conducting the 10th WWW Survey. The survey will focus on web and
> Internet usage habits; consumer preferences and behaviors; consumer
> online privacy; attitudes and opinions on social issues and electronic
> commerce; webmastering and more.
>
> Web users are encouraged to visit the survey site and answer a series
> of questions. Privacy and anonymity will be protected. The survey
> runs from October 10 to November 10, 1998. Results should be available
> around January 25, 1999.
>
> The GVU would also like you to know that "numerous $100 (US) cash
> prizes will be awarded to randomly selected respondents (you have a
> much better chance of winning than the lottery)."
>
> The 10th GVU WWW Survey:
>
> http://www-survey.cc.gatech.edu/
>
> For more information about public attitudes toward privacy, visit the
> EPIC Privacy Surveys Archive at:
>
> http://www.epic.org/privacy/survey/
>
> =======================================================================
> [6] Report on NSA's Echelon Network Goes to Congress
> =======================================================================
>
> A new report on the National Security Agency's top-secret spying
> network will soon be sent to members of Congress. The report --
> "Echelon: America's Spy in the Sky" was produced by the Free Congress
> Foundation and details the history and workings of the NSA's global
> electronic surveillance system. The system is reportedly capable of
> intercepting, recording and translating any electronic communication
> sent anywhere in the world.
>
> The surveillance system has recently been the focus of controversy.
> The European Parliament will commission a full report into the
> workings of Echelon. The parliamentary report is expected to focus on
> concerns that the system has been expanded and is being directed at
> the communications of European companies and elected officials. The
> Free Congress Foundation is urging the U.S. Congress to examine
> Echelon as carefully as the European Parliament has.
>
> The NSA refuses to confirm nor deny Echelon's existence, but
> investigative journalists and civil liberties activists have uncovered
> a number of the system's details in recent years.
>
> The new report on Echelon is available at:
>
> http://www.freecongress.org/ctp/echelon.html
>
> =======================================================================
> [7] New at the EPIC Bookstore
> =======================================================================
>
> New and Available from the EPIC bookstore:
>
> EPIC's latest publication, "Critical Infrastructure Protection and the
> Endangerment of Civil Liberties." This report, authored by EPIC
> Senior Fellow Wayne Madsen, an expert in intelligence community
> issues, was released October 26 at the National Press Club. The EPIC
> report responds to earlier recommendations of the President's
> Commission on Critical Infrastructure Protection (PCCIP) that would
> extend government investigative authority and secrecy while limiting
> privacy rights. The report warns that efforts to protect the nation's
> critical infrastructures could result in sweeping new limitations on
> personal privacy and government accountability.
>
> Hard copies of the 54 page report are available for $10 plus $3
> shipping and handling. To order, send a check or money order along
> with your delivery address to: EPIC Publications, 666 Pennsylvania
> Avenue S.E., Suite 301, Washington, D.C. 20003.
>
> For many other great titles on privacy, free speech and encryption,
> visit the EPIC Bookstore at:
>
> http://www.epic.org/bookstore/#021#
>
> =======================================================================
> [8] Upcoming Conferences and Events
> =======================================================================
>
> Encryption Controls Workshop. Bedford, MA. October 29. Sponsored by
> U.S. Department of Commerce. Contact: (202) 482-6031.
>
> "Protecting Personal Privacy on the Internet: Risks, Laws, and
> 'Self-Regulation.'" Washington, DC. November 4. Communication,
> Culture and Technology Program, Georgetown University. Speakers
> include David Sobel of EPIC. Contact:
> http://cct.georgetown.edu/events/lectures.html
>
> PDC 98 - the Participatory Design Conference, "Broadening
> Participation." November 12-14. Seattle, WA. Sponsored by Computer
> Professionals for Social Responsibility in cooperation with ACM and
> CSCW 98. Contact: http://www.cpsr.org/conferences/pdc98
>
> Data Privacy in the Global Age. November 13. Milwaukee, WI.
> Sponsored by ACLU of Wisconsin Data Privacy Project. Contact: Carole
> Doeppers <acluwicmd@aol.com>.
>
> Computer Ethics. Philosophical Enquiry 98 (CEPE'98). December 14-15.
> London, UK. Sponsored by ACMSIGCAS and London School of Economics.
> http://is.lse.ac.uk/lucas/cepe98.htm
>
> 1999 RSA Data Security Conference. January 18-21, 1999. San Jose, CA.
> Sponsored by RSA. Contact: http://www.rsa.com/conf99/
>
> FC '99 Third Annual Conference on Financial Cryptography. February
> 22-25, 1999 Anguilla, B.W.I. Contact: http://fc99.ai.
>
> Computers, Freedom and Privacy (CFP) '99. April 6-8, 1999. Washington,
> DC. Sponsored by ACM. Contact: info@cfp99.org.
>
> 1999 EPIC Cryptography and Privacy Conference. June 7, 1999.
> Washington, DC. Sponsored by EPIC. Contact: info@epic.org.
>
> =======================================================================
> Subscription Information
> =======================================================================
>
> The EPIC Alert is a free biweekly publication of the Electronic
> Privacy Information Center. To subscribe or unsubscribe, send email
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>
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>
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>
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>
> =======================================================================
> About EPIC
> =======================================================================
>
> The Electronic Privacy Information Center is a public interest
> research center in Washington, DC. It was established in 1994 to
> focus public attention on emerging privacy issues such as the Clipper
> Chip, the Digital Telephony proposal, national ID cards, medical
> record privacy, and the collection and sale of personal information.
> EPIC is sponsored by the Fund for Constitutional Government, a
> non-profit organization established in 1974 to protect civil liberties
> and constitutional rights. EPIC publishes the EPIC Alert, pursues
> Freedom of Information Act litigation, and conducts policy research.
> For more information, e-mail info@epic.org, http://www.epic.org or
> write EPIC, 666 Pennsylvania Ave., SE, Suite 301, Washington, DC
> 20003. +1 202 544 9240 (tel), +1 202 547 5482 (fax).
>
> If you'd like to support the work of the Electronic Privacy
> Information Center, contributions are welcome and fully tax-
> deductible. Checks should be made out to "The Fund for Constitutional
> Government" and sent to EPIC, 666 Pennsylvania Ave., SE, Suite 301,
> Washington DC 20003. Individuals with First Virtual accounts can
> donate at http://www.epic.org/epic/support.html
>
> Your contributions will help support Freedom of Information Act and
> First Amendment litigation, strong and effective advocacy for the
> right of privacy and efforts to oppose government regulation of
> encryption and funding of the digital wiretap law.
>
> Thank you for your support.
>
> ---------------------- END EPIC Alert 5.15 -----------------------
> .
--
Rigo Wenning - Wiss. Mit. am Institut für Rechtsinformatik von
Prof. Dr. Maximilian Herberger - http://www.jura.uni-sb.de/
mailto:wenning2@rz.uni-sb.de - Admin du web juridique de
Sarrebruck - http://www.jura.uni-sb.de/france/