Computer underground Digest Wed Oct 12, 1994 Volume 6 : Issue 89 ISSN 1004-042X Editors: Jim Thomas and Gordon Meyer (TK0JUT2@NIU.BITNET) Archivist: Brendan Kehoe Retiring Shadow Archivist: Stanton McCandlish Shadow-Archivists: Dan Carosone / Paul Southworth Ralph Sims / Jyrki Kuoppala Ian Dickinson Urban Legend Editor: E. Greg Shrdlugold CONTENTS, #6.89 (Wed, Oct 12, 1994) File 1--Chatting with Martha Siegel (reprint) File 2--On-Line Obscenity Prosecution File 3--ALERT: New Jersey Internet Bill Pending File 4--EPIC Seeks FBI Docs File 5--Re: Kurt Dahl's 2020 Column, "Emily Is Illiterate" (CuD 687) File 6--Cu Digest Header Information (unchanged since 10 Sept 1994) CuD ADMINISTRATIVE, EDITORIAL, AND SUBSCRIPTION INFORMATION APPEARS IN THE CONCLUDING FILE AT THE END OF EACH ISSUE. ---------------------------------------------------------------------- Date: Sat, 1 Oct 1994 00:08:58 -0400 From: K.K.Campbell <zodiac@io.org) Subject: File 1--Chatting with Martha Siegel (reprint) A NET.CONSPIRACY SO IMMENSE... Chatting With Martha Siegel of the Internet's Infamous Canter & Siegel ================================================================== by K.K.Campbell Laurence A Canter and Martha S Siegel have the distinction of being the most detested husband-and-wife team in the history of the Internet. And we are talking global hatred, my friends, true internationalism. These Arizona lawyers not only subjected Usenet news (the Internet's discussion forums) to repeat and destructive posting blasts (called "spams"), they then gloated about it and convinced HarperCollins to publish a book called "How To Make A Fortune On The Information Superhighway" (due out soon). The concept of Canter & Siegel instructing businesses how to generate goodwill on the net usually elicits gales of laughter from netters. But I had to stop and wonder. Maybe HarperCollins knew something I didn't. Maybe C&S were just misunderstood. Maybe they just needed a friendly ear, a fair hearing. Maybe they loved their net.kin and were just having "technical difficulties" communicating the fact. I had to find out. So I grabbed the phone and dialed their Arizona law office. A secretary passed me over to Martha Siegel. MARTHA, MY DEAR In our lengthy chat, I'm informed Siegel hates the Electronic Frontier Foundation; she hates the MIT Media Labs; she hates the Internet Society; a Washington Post reporter who did a story on C&S is an immature kid; a NY Times reporter who did a series of stories on C&S "turned against" them after being "frightened into submission" by the net.conspiracy; a North Carolina student who claims to be making non-profit T-shirts satarizing C&S is lying and raking in the cash... There's a Conspiracy of Great Immensity against her and hubby -- who are merely decent citizens trying to scrape out an honest living the American Way. Almost immediately, she demands to know what I'm "going to write about? Are you a computer writer?" Odd question, am I a computer writer... But it dawns on me: she wants to know my degree of familiarity with the Internet, if I'm _one of them_. I know she'll hold me higher in esteem if I plead net.illiteracy, but I cannot lie to her. Just as well. For I later learn that even business writers are ultimately corrupted by the net.conspiracy. Reporters are _frightened_. Those who file stories supportive of C&S experience anonymous phone call threats and email-bombing until they repent their sins. She points to Peter Lewis, a NY Times freelancer who's written a series of articles about C&S. "Peter Lewis was telling me his mailbox was over-flowing with flames because he didn't write bad things about us his first couple of articles," she says. But Lewis finally caved-in. "About the third article he wrote. He had been very objective, a good journalist, with principles, and then, I guess, basically he saw he was losing his constituency." Siegel doesn't attribute large negative responses like this to any legitimate reaction from a community that sees itself as being misrepresented. She believes it's really only a few conspiratorial troublemakers always out to wound C&S. "Maybe she's right," says Mike Godwin (mnemonic@eff.org), chief legal counsel for the Electronic Frontier Foundation. The EFF is an American cyberspace rights group. "Martha's perfectly capable of inspiring a conspiracy." Siegel's hatred of Godwin is intense. Indeed, I have to call Godwin in Washington DC to get his reaction to her calling him, at various points in our conversation, "a big schmuck," "a jerk," and "a hypocrite." "Ok," Godwin nods. "Ok, I deny all those," he notes for the record. "I actually hope you quote her. I would love to be quoted as being hated by Martha Siegel. That would make my day." Godwin has just wrote a Sept. article for _Internet World_ about C&S. "I think one of things that bugs her about it -- well, there are _a lot_ of things that bug _her_ -- was that I made certain to include the text of a cancellation message aimed at them, so it'll be relatively easy for people to figure out how to cancel Canter & Siegel posts." He's referring to Norwegian Arnt Gulbrandsen, who issues cancel messages that erase C&S spam attacks. That does indeed bug Siegel. But she thinks Gulbrandsen is a dupe of the conspiracy. "There were many indications on the Internet that they chose this individual as a front man for all of them." All of who, I have to ask? "They say that no one is in control on the Internet, but that's a myth," she explains. "There are a lot of very arrogant people who control things. If an active provider carries a client [like C&S] they don't particularly like, then they threaten that provider. "These people are self-serving and they should be exposed for what they are," Siegel says. "People are having a lot of fun pointing the finger at us. And it's very amusing to gang up on someone. To go 'Ha Ha.' Real schoolyard stuff." Unknown individuals have jammed the law firm's phones, faxes computer, sometimes for days. Some "Phantom Phone Beeper" created an auto-dialer that called C&S 40 times a night, filling the voice-mail system with electronic garbage. (Pretty fancy schoolyard, you ask me...) She's willing to finger suspects leading the international conspiracy. She particularly loathes MIT Media Laboratory's Ron Newman (rnewman@media.mit.edu), who she tells me is "in need of psychiatric help." Siegel concedes Newman has never mailbombed C&S, but has "lobbied against us. He gets others to do the dirty work." I later call Newman at MIT and find he's also charmed at topping Siegel's Hate List. "Now I know how the members of Richard Nixon's enemies list must have felt," he told me. "It's quite an honor to be hated by Martha Siegel." Siegel says she's "outraged" these people, "who are vicious and doing illegal acts, are treated very, very gently by the press. Where's the morality in what they are doing? We never set out to hurt anyone. We put up messages for a commercial venture. We didn't set out to hurt anyone." Here, the majority of netters vehemently disagree and claim Siegel is disingenuous. C&S know exactly what they are doing, netters say, and C&S don't give a damn if they sink the net in the process. They spam without conscience. SPAM SPAM SPAM SPAM Canter and Siegel live near Tucson AZ. They're registered to vote in Pima County. Siegel was born in 1948, Canter in 1953, and both are law graduates of St. Mary's University of San Antonio. It's not the first time a community has contested their honesty. In Sept 1987, when they were practising law in Florida, that state's supreme court suspended them for 90 days for a "deliberate scheme to misrepresent facts." On Oct 13, 1988, the Florida Supreme Court allowed Canter to resign permanently the state bar rather than fight new charges of "neglect, misrepresentation, misappropriation of client funds and perjury." Siegel would later tell the NY Times the charges were unfounded and were lodged by a "very rabid bar" out to discredit them for "unknown motives." C&S shifted practice to immigration law and trekked to Arizona. They are not part of the Arizona bar. It was April 12 this of year that Canter unleashed the first mega-spam against Usenet. (He'd done local, mini-spams before; he was now going international.) "Spamming" involves sending the same message to huge numbers of newsgroups, usually without regard to group content. It is _not_ the same as "crossposting to hell and back." Both permit the message to be read in scores of newsgroups, but with crosspostings, newsreader software lets you read it once, then never again; spamming posts it individually every time. It can take hours to fully delete. It's called spamming in honor of a tinned pig product called Spam -- an acronym of Spiced Pork And Ham. In the 1970s, British comedy troupe Monty Python did a sketch involving Spam. The diner menu, as recited by a waitress (Terry Jones in drag), consisted of "egg and bacon; egg sausage and bacon; egg and Spam; egg bacon and Spam; egg bacon sausage and Spam; Spam bacon sausage and Spam; Spam egg Spam Spam bacon and Spam; Spam sausage Spam Spam bacon Spam tomato and Spam; Spam Spam Spam egg and Spam; Spam Spam Spam Spam Spam Spam baked beans Spam Spam Spam; etc." All the while, Spam-loving Vikings in the background sing its praises. Hence: repetition = spam. Spamming is intended to force readers to see something over and over and over. Since this works in TV-land, why not the net? the logic runs. But it is not like TV. On TV, advertisers pay for time. C&S only paid $30/month and passed the costs of their spam on to the readers and providers of the planet. In economics, it's called a "free rider." Leech is a more colloquial term. C&S' spams are not "speech," something issued without cost. They are rather more like unsolicited fax ads. Faxes cost the _recipient_ -- in paper, ink, electricty and wear on the fax machine, etc. But those costs are very visible, which is why fax advertising is banned in so many places. C&S didn't care. Canter spammed almost 6,000 groups in less than 90 minutes through an Internet Direct account (an Arizona Internet provider). The post was a C&S ad for the U.S. "Green Card lottery" -- a chance for non-Americans to enter a very low-odds US-work-permit raffle. C&S offered to fill in forms for a mere $95 per person, or $145 a couple (not mentioning it's free to enter). Jeff Wheelhouse, sysadmin for Internet Direct, was soon bombed into oblivion by world-wide complaints. He told the NY Times this caused Internet Direct computers to crash at least 15 times -- "that's when we stopped counting." Internet Direct terminated the lawyers' account, making it clear it doesn't oppose advertising, just spamming. Canter, Siegel, and two other lawyers appeared at Internet Direct offices, threatening to sue for $250,000 unless their account was reinstated. Internet Direct refused. Nothing came of the C&S threats. Canter soon appeared on CNN's Sonya Live (sonyalive@aol.com). Slow-witted Sonya hailed Canter as a Business Pioneer instead of Wanton Vandal. Canter boasted he'd spam again. On Fri, May 20, John Whalen, president of NETCOM On-Line Communication Services, notified the net.community that NETCOM cancelled the Business Pioneer's account there because of this boast. Netcom didn't want to be the vehicle. "Our position is that NETCOM can be compared to a public restaurant where a customer may be refused service if the customer is not wearing shoes. For the health of the other customers and the good of the restaurant, that customer may be turned away. NETCOM believes that being a responsible provider entails refusing service to customers who would endanger the health of the community." FREE SPEECH Siegel condemns the EFF for instructing netters how to issue cancel messages, erasing C&S posts. And Godwin acknowledges the dangers of cancel wars. But what are the current options? Let C&S continue spamming, thereby attracting other free riders, until Usenet is so clogged with spams it becomes unreadable? "We believe in freedom of speech," Godwin says in a phone interview. "But in order for this forum to function _as_ a freedom of speech forum, it can't be destroyed. What you have here is the problem of the Tragedy of the Commons -- a single user so abusing the commons that it will ultimately be rendered valueless to everyone. "If she posted to a single newsgroup, or crossposted to a reasonable number of newsgroups, even a message that was clearly offensive, I would be in the front lines defending her right to do that," Godwin says. His opposition is _not_ to content but posting strategy --spamming. "But Martha is not a subtle person so I doubt this argument that will fly with her." Indeed, it doesn't. "We're a free speech issue. If the EFF really has the courage of its convictions, it would be for us, not against us. It might not like what we say, but it would defend our right to say it to the death. _If_ it were a legitimate free speech advocate." It should be noted business does exist, and will exist, on the net. For instance, in May, Electronic Press (info@elpress.com) ran an ad in the Washington Post about using the Internet "the right way!" -- a direct reference to the hated C&S. And last month, Mark Carmel (usalawyer@aol.com), an immigration lawyer, began a mailing list for people actually interested in things like Green Cards. Despite all the complaints, most of the net.community doesn't call for government regulation. It's looking for internal solutions, even things like cancel messages, to prevent the sociopathic activities C&S promote. Considering her openly misanthropic attitude toward the net.community, I have to ask Siegel, in closing, why she doesn't just abandon it? "No way," she says. "Why would I want to? We made over $100,000 from those postings!" No one I talked to takes C&S' claim to making $100,000 from their Green Card spam seriously. But, as one put it, "the IRS might." ================================================================== T-SHIRT TRICKS ================================================================== In August, as part of their ongoing PR campaign with the net.community, C&S threaten to sue a North Carolina university student over a T-shirt he proposed to make. The shirt logo would state "Green Card Lawyers: Spamming The Globe", the words encircling a hand clutching a Green Card bursting forth from Planet Earth. Joel Furr (jfurr@acpub.duke.edu) specifically stated he'd avoid mentioning C&S by name, knowing how sue-happy they are. But on Sun, Aug 7, Canter sent Furr private email using his wife's account (cybs@crl.com). In it, Canter quotes a statement from Furr's original post: "To avoid getting sued, the Canter & Siegel shirt will not have the names Canter & Siegel on it. Instead, they'll be referred to as the Green Card Lawyers." Furr says Canter told him he was "most curious" why Furr thought calling them "Green Card lawyers" was legal protection. Furr says Canter claimed "any form of likeness, or using our name or nickname in any form without our express written permission, which you do not have, is strictly prohibited." In the next email, Canter claimed C&S had been approached by "several large companies" interested in the rights to C&S T-shirts. In a third letter, Furr was warned that if he doesn't drop the T-shirt, "there will likely be consequences." Furr informed the net community C&S was threatening him. "I think I have lots and lots of legal legs to stand on, but I can't afford to fight a lawsuit," Furr wrote publicly. He had no choice but to remove even the phrase "Green Card Lawyers" from the shirt. In no time, Furr's emailbox brimmed with help offers. "Several people offered large sacks of money to help defend me, and several others offered to be my pro bono attorney," he told me in a phone interview. Electronic Frontier Foundation's chief legal counsel, Mike Godwin (mnemonic@eff.org), replied to Furr's request for advice. Godwin assured Furr the C&S threats were toothless bluster because 1) C&S are not members of the Arizona bar; 2) they are under investigation by the Tennessee bar; 3) they can sue only in the state in which Furr does business; and 4) they have no trademark over the term "Green Card Lawyers." MARTHA SPEAKS Martha Siegel bristles when I mention C&S threats against this student, asking if I "_really_ think that is interesting." Damn right I do. I point out the Washington Post did, too -- it ran an Aug 18 article by Rob Pegararo (rob93@aol.com) about those threats. "I know, but how old are you?" she asks. I tell her I'm 34. "Right. So, you know who wrote that article? A 23-year-old kid," she laughs. I assume this is supposed to make me dismiss the whole thing. "I don't know why the Washington Post would hire a 23-year-old reporter. I thought that probably you had to serve in some far-out place and work your way up to the Washington Post. At least when I was a reporter for a newspaper. T-shirts are a child's game." Ya, ya, ya. But is it a true story? "What happened is that Mr Furr was going to put out shirts with Canter & Siegel's name on it. He has no right to capitalize on our name." I point out Furr stated he'd use the phrase "Green Card Lawyers" from Day One. "No, he did that _after_ my husband wrote him a couple of email letters. And _then_ he said he would change it to Green CardLawyers." Uh huh. She then says Furr is using the net to sell his C&S T-shirts and that makes him a hypocrite. I point out he's using appropriate groups, that the T-shirt ridicules C&S for spamming not commercial advertising, and besides, it's non-profit, Furr's just out for a bit of fame and producing a historical net.collector's item. "He's lying," she says. He's lying? "What proof do you need? He's not giving them away free. He can _say_ that he's just breaking even. But he's charging for them. Do you believe he's not making any money? And I'll tell you this much: After he got his little friend at the Washington Post to write a story, I'm sure he sold a whole lot more T-shirts." Furr dismisses this as more Crazy Martha talk. "I'm going to such lengths to _not_ make a profit on the shirt that, when the price dropped because the volume of orders got larger, I added a _fifth_ color to the front to make the shirts cost more again. The only money I'm making is about $35 that one orderer from Florida threw in, with a note attached - 'Have a pizza.'" As to Pegararo being Furr's "little friend," Furr says before the Post story he'd "never heard of him in my entire life." I called Pegararo at the Post. He concurs. As to that Post story being something only of interested to 23-year-old, Pegararo points out his editor, Joel Garreau, is indeed older and was the one who decided to run it. Even if one grants that the Post was "silly" for reporting on T-shirts (and me too for writing this), what the hell does that make C&S for threatening a student over them? Furr went ahead with his original design. No law suit resulted. Til next week's exciting new C&S adventure, kids... ================================================================== CYBERSTEAL ================================================================== On May 6, C&S formed Cybersell (sell.com), a company to make commercial advertising pervasive on net. Cybersell will teach new companies the tricks of Internet trade. Such as stealing other people's homepages, perhaps. On Fri, Aug 26, Thomas Michlmayr (mike@cosy.sbg.ac.at) of the University of Salzburg in Austria, alerted the general public to C&S's WWW-Server on cyber.sell.com:80 . Wasn't much to see, a few empty html pages. One had an 1152x900 picture (129KB) proclaiming CYBERSELL to be "internet marketing specialists." "I think they're going after the market of people with 50" monitors, since that's about the only way it can be read without scrolling around," wrote Paul Phillips (paulp@nic.cerf.net) in a newsgroup. Another page, called home2.html, was clearly an _exact copy_ of the homepage of a business in Chicago called Internet Marketing Inc. (advertiz@mcs.com). It even still had a link called "Editorial Staff" to http://venus.mcs.com/=advertiz/html/IntMarket.html . Internet Marketing president Peter Bray angrily denied any association with C&S and began asking around for legal help in protecting his creative work. (For the record, check out the real CyberSight at http://venus.mcs.com/=flowers/html/cybernet.html .) ------------------------------ Date: Thu, 6 Oct 94 10:28:10 PDT From: fsl3@CERF.NET Subject: File 2--On-Line Obscenity Prosecution To Subscribers to Computer underground Digest -- I am an attorney in Burlington, Vermont, and presently serve on the Planning Board for the Computers and Computer Law Committee of the ABA Young Lawyers Division. The Committee has asked me to research and prepare a draft resolution regarding the prosecution of the Thomases in Memphis, TN for distributing allegedly obscene materials from their bulletin board in California. The Committee's intent is to present its resolution to the Young Lawyers Assembly in Chicago next August. If passed by the full Assembly, it would then be forward to the House of Delegates of the American Bar Association for consideration. The Committee has not yet taken a position on the prosecution, but I hope to persuade it that we should propose language strongly condemning the de facto establishment of a national obscenity standard. I would appreciate hearing the comments of members of this subscription list on this prosecution, as well as suggestions for materials (on- or off-line) to consult. (I am in the process of collecting the various CuD issues which talk about the Thomas case.) I need to have an initial draft of the resolution prepared by early January, and will post a copy to this list. Thanks for taking the time to review this posting, and for any response. I look forward to corresponding with people on this issue. Frederick S. Lane III (802) 864-0880 Miller, Eggleston & Rosenberg, Ltd. (802) 864-0328 fax P.O. Box 1489 AOL: fsl3@aolcom Burlington, VT 05402-1489 ------------------------------ Date: Sat, 8 Oct 1994 21:34:56 -0700 From: email list server <listserv@SUNNYSIDE.COM> Subject: File 3--ALERT: New Jersey Internet Bill Pending On September 26 the New Jersey State Senate's Government Committee voted 5-0 in favor of a bill to make information on laws, legislation and legislative activity available to the public without charge via the Internet. The bill is scheduled for full consideration by the State Senate in the very near future. You can show your support for S1068 by writing or faxing your State Senator. A copy of your letter should also be sent to: Senator Donald DiFrancesco Senator Joseph Bubba (Senate President) (bill sponsor) 1816 Front Street 1117 Rt. 46 East Suite 202 Scotch Plains, New Jersey 07076 Clifton, New Jersey 07013 FAX: 908-322-9347 FAX: 201-473-2174 Future ACTION ALERTS for New Jersey's Internet bill will be issued. If you want to remain informed and placed on the S1068 Mailing List or need the address of your State Senator email to: swayze@pilot.njin.net Your support is appreciated. <<<THIS MESSAGE MAY BE REPRODUCED AND RECIRCULATED TO OTHER PARTIES>>> SENATE, No. 1068 STATE OF NEW JERSEY INTRODUCED MAY 16, 1994 By Senator BUBBA An ACT providing for public access to legislative information in electronic form, and supplementing P.L.1979, c.8. (C.52:11-54 et seq.). BE IT ENACTED by the Senate and General Assembly of the State of New Jersey: 1. a. The Office of Legislative Services shall make available to the public in electronic form the following information: (1) the most current available compilation of the official text of the statutes of New Jersey; (2) the texts of all bills introduced during the two-year session of the Legislature, including amended versions, as well as sponsor statements, committee statements, fiscal notes, and veto messages; (3) bill-indexing data on all bills pending in the Legislature, including indexing by subject and sponsor and, where appropriate, by citation of the section of law to be amended by a bill; (4) bill-tracking data on all bills pending in the Legislature, including the history of actions and current status; (5) a current calendar of legislative events, including the schedule of legislative committee meetings, and a list of bills scheduled for legislative action; (6) a current directory of the members of the Legislature, including complete committee membership information; (7) the texts of all chapter laws beginning with laws enacted during 1994; and (8) such other information as the Legislative Services Commission shall direct. b. The information specified in subsection a. shall be made available to the public through the largest nonproprietary cooperative public computer network. c. No fee or usage charge shall be imposed by the Office of Legislative Services as a condition of accessing the information specified in subsection a. of this section through the network described in subsection b. of this section. d. The Office of Legislative Services may offer a fee-based electronic legislative information service which may include, in addition to the information specified in subsection a., the following information and capabilities: (1) the ability for users to automatically maintain updated private databases and receive notification of scheduled action on specific bills or subject matter; (2) the ability for users to retrieve information by various means of searching full text; and (3) archives of bill texts and related information from prior sessions of the Legislature. e. Nothing contained in this section shall be construed as prohibiting a private individual or entity from using the information specified in subsection a. to provide, either commercially or on a voluntary basis, services similar to those provided by the Office of Legislative Services pursuant to subsection d. 2. This act shall take effect on the second Tuesday in January 1996. STATEMENT This bill would require the Office of Legislative Services (OLS) to make available to the public, in electronic form, the following information: the texts of statutes (in both a compiled format and by chapter law beginning with laws enacted during 1994); the texts of pending bills along with sponsor statements, committee statements, fiscal notes and veto messages; bill indexing and tracking information; a calendar of legislative events; a directory of members of the Legislature, including a listing of committee memberships; and such other information as the Legislative Services Commission shall direct. Information would be provided through the largest nonproprietary cooperative public computer network (Internet). No fee or usage charge would be imposed by OLS for the privilege of accessing this information. The bill would also permit OLS to offer, via Internet, a fee-based legislative information service which, in addition to providing the foregoing information, would enable users to: automatically update private databases; receive notification of scheduled action on specific bills or subject matter; retrieve information by various means of searching full text; and access archives of bill texts and related information from prior sessions of the Legislature. At present, four states (California, Hawaii, Minnesota and Utah) offer "full-text" legislative information through Internet without usage fees. OLS currently offers an electronic information system which is available to users for a monthly fee. The bill would make this information available to a broader range of users with no fee imposed by OLS. By enhancing public access to the texts of statutes the bill would increase compliance with existing law. In addition, facilitating access by members of the public to information on pending legislation would increase awareness of, and participation in, the legislative process. _______________________ Requires Office of Legislative Services to make information on laws, legislation and legislative activity available to the public in electronic form. -- Michael Swayze |"Fear is the main source of superstition, and one of swayze@pilot.njin.net |the main sources of cruelty. To conquer fear is the |beginning of wisdom." --Bertrand Russell ------------------------------ Date: Fri, 30 Sep 1994 13:59:00 EST From: Marc Rotenberg <rotenberg@WASHOFC.EPIC.ORG> Subject: File 4--EPIC Seeks FBI Docs Reply to: EPIC Seeks FBI Docs ============================================================= PRESS RELEASE Embargoed until 10 a.m., September 30, 1994 Contact: Marc Rotenberg, EPIC Director David Sobel, EPIC Legal Counsel 202 544 9240 (tel) EPIC Opposes FBI Delay Seeks Documents About Wiretap Plan WASHINGTON, D.C.- The Electronic Privacy Information Center today opposed a government motion to delay release of two documents in a lawsuit concerning the FBI's "digital telephony" proposal. The case is pending in federal court as the Congress considers legislation that will authorize the expenditure of $500 million to make the nation's communications system easier to wiretap. EPIC, a public interest research group based in Washington, DC, filed the Freedom of Information Act requests earlier this year. The group is seeking the public release of two surveys cited by FBI Director Lou Freeh in support of the FBI's plan. EPIC filed the FOIA lawsuit on August 9th, the day the wiretap legislation was introduced in Congress. The FBI then moved to stay proceedings in the case until June 1999, more than five years after the filing of the initial request. The FBI asserted it was confronted with "a backlog of pending FOIA requests awaiting processing." The FBI revelead that there are "an estimated 20 pages to be reviewed" but said that the materials will not be reviewed until "sometime in March 1999." In the papers filed today, EPIC charged that the materials are far too important to be kept secret. "The requested surveys were part of the FBI's long-standing campaign to gain passage of unprecedented legislation requiring the nation's telecommunications carriers to redesign their telephone networks to more easily facilitate court-ordered wiretapping," said the EPIC brief. EPIC contends that the federal court should give special consideration to the fact that the records have already been reviewed for public release and also that the records concern a matter of great public interest. "It is disingenuous for the Bureau to suggest that the twenty pages of material at issue in this case are at the end of a long queue awaiting review for possible disclosure. The FBI has already considered Rep. Don Edwards' request to make the information public and has made a determination to release only a one-page summary," said EPIC. EPIC argues that under new procedures developed by the Department of Justice for FOIA cases, the processing should be expedited. "There can be no doubt that the subject matter of plaintiff's requests -- legislation to re-design the nation's telephone network to facilitate wiretapping -- is of considerable interest to the news media." The brief concludes, "The records sought by plaintiff are of substantial current interest to news media and the general public. Moreover, the FBI has already reviewed the material to determine whether it should be publicly disclosed. Under these circumstances, the Bureau's request for a five-year stay of these proceedings is wholly lacking in merit." Earlier documents obtained through the FOIA in similar litigation with the FBI revealed no technical obstacles to the exercise of court-authorized wire surveillance. The Electronic Privacy Information Center is a project of Computer Professionals for Social Responsibility, a membership organization based in Palo Alto, California, and the Fund for Constitutional Government, a Washington-based foundation dedicated to the protection of Constitutional freedoms. 202 544 9240 (tel), 202 547 5482 (fax), info@epic.org. ------------------------------ Date: Thu, 6 Oct 1994 13:03:47 -0400 (EDT) From: Stanton McCandlish <mech@EFF.ORG> Subject: File 5--Re: Kurt Dahl's 2020 Column, "Emily Is Illiterate" (CuD 687) Kurt says: "Does Emily really need to read and write in 2020world? I don't think so. Do you?" Beside a bit of rancor at the rhetorical tactic of giving cutesy names to purely hypothetical people to elicit emotional responses, I have to comment that though the article was good and well thought out in most areas, and entertaining, it missed possible the most significant point, which is that the answer to the question, "In 2020world, with the ability to create, store and send audio and video as easily as written words, why would we need to read and write?" is "storing and sending are the easy part - but *creation* of audio and video are unlikely to become easier that creation of text." It takes me less than 15 seconds to fire off a short email to someone. No matter how fast the video technology is, it is almost certain to take longer than that to record a video clip with the same message content. There are various other concerns: 1) Bandwidth - audio and video consume about an order of magnitude more bandwidth (and storage space) than text. 2) Receiving time - it takes me probably 2 seconds or less to read the text content of a 15-second a/v clip. But unless I like Alvin & the Chipmunks as a default speed, it takes precisely 15 seconds to listen to or view a 15-second a/v clip. No big deal when we're talking about 15-second emails. Very big deal when we're talking about 30-minute presentations. (I am here talking about wetware recieving, not hardware receiving; I'm presuming that transmission time from machine to machine, and processing by the local CPU of the material, is near instantaneous, which today it is most certainly not.) 3) Text will remain important - I find it difficult to believe that all print media will vanish, because they have a utility that cannot be replaced by the features of other media. For one thing, text is malleable - I can re-present text almost any way I want. An a/v clip of a President North >;) speech cannot be printed in a different font, nor can it be otherwise modified to suit aesthetics without severly distorting it. I could go on, but the point is made. 4) All of these technologies have, and will continue to have, a learning curve. Online tutorials still show no signs of replacing good ol' documentation. 5) Computing relies upon text, even in the gooiest of GUIs, to differentiate between items, options, processes, and procedures - without text, 50 desktop icons look pretty much alike. If you've ever used a word processor or other program with a tool bar, check me if I'm wrong, but I bet you still use the text menus above that toolbar with great frequency. 6) Copyright snafus are unlikely to be resolved by 2020, by anyone's calendar. Illiteracy, even presuming a revolution in computing interface design allowing effective operation by the illiterate, will bar one from access to a large proportion of society's intellectual product. 7) Personally, it takes a great stretch of the imagination for me to suspend disbelief and pretend that the government would ever give up text. Illiteracy would bar one from effective participation in government. A nation of illiterate would-be-activists would become a nation of slaves to a regime, unable to even read the information on govt. actions they could have prevented. 8) Our culture highly prizes literacy, and there is no evidence that I'm aware of pointing to a decline in the value we place on the ability to read and write (or, increasingly, type.) Considering the force that the expectations and prejudices of others can exert on the course of one's own life (e.g. being considered for employment), illiteracy would be a crippling liability in a world where the majority of people still alive and in some sort of "power" (e.g. the power to hire you and thus pay your rent, or say "get lost" and let you starve on the streets) are literate. 9) There is also a general consensus among computing professionals that being online *increases* the desire and ability to read and write (both in the aesthetic sense of improvements in critical thinking, rhetoric, and writing style, and in the mechanics sense of information processing speeds and output speed.) Most serious net.surfers would agree that the net, BBSs, even vertical online service like Prodigy, are educational and cathartic, even if you go looking only for entertainment. 10) The prediction that "multimedia email" will sweep the globe is, IMNERHO, relatively unsupported. The capability has been there for years (ever heard of MIME and MetaMail?) but is seldom used (in fact, I'd wager that the most frequent use of MIME file attachments is the transport of *text* material in non-ASCII formats - PostScript, DVI, word processor, etc., files.) Even though it is perfectly capable of transporting graphics images, by far the most common method of doing so in the Internet/Usenet community is uuencoding the file and inserting it in the body of the message[s]. Even in FidoNet, which has supported file attaches since the late 80s, there are no tools (that I know of) that treat the output as "multimedia email", but rather as text message that happen to have files attached to them, which must be saved and dealt with later (or in a temporary shell) individually, as items. It is closer to parcel post than TV. This will change, but the current situation leads me to believe that the focus of such messaging is and will remain transmission of text. 11) The proposition that text will vanish is a highly "normal-centric" prediction, and appears to neglect that fact that some people are deaf, blind, stutterers, ugly, shy or otherwise unsuited to hearing/watching their "email" or appearing in their own minimovies every time they need to send a memo. 12) Textless multimedia communications are redundant enough with current (telephone) and imminent (videophone) technology that there is not reason to expect them to supplant text-based communications. Both have their own niche, and until I see people leaving the internet in droves because their new set-top videophone system gives them all the communications functionality they could ever want, I remain stubbornly unconvinced by predictions of the death of networked text communications. Enough of what's unlikely. What DO I think will happen? 1) Increased integration of "traditional" media - Expect video phones, expect "interactive" television, expect, at some point, books and magazines that are actually small interactive computers or disks (or other, more advanced media) for computers. Bruce Sterling had an interesting idea of a computer as a cloth-like item that could be worn, folded, whathaveyou, then flattened out to form a touch-controlled viewing screen. Many things are possible, but the general path appears to be one of convergence. 2) Increased integration of networking tools - The explosive popularity of World Wide Web points in this direction as obviously as a 200-foot Las Vegas billboard in the middle of Antarctica. Multimedia email *will* probably be a reality, as a seamless, transparently-handled, process, before too much longer. Yet even the web is *centered on text* and uses graphics and sound as adjuncts. Text is, and will remain, the focus. Please show me a WWW server anywhere that features no text whatsoever. 3) Increased literacy as networking technology continues to spread from the office and the CS lab to the living room and the nursery. People love to communicate, and there are and will remain situations in which text is the medium of choice. If you don't believe this, try submitting testimony to the next Congressional hearing in the form of a video tape. Imagine sending every memo you "write" as an audio file. Try passing on a copy of Shakespeare's _The_Tempest_ as an MPEG animation. The fact is, and will be for as far ahead as I can see, that a mixture of media is essential. We all know how limited ASCII is, but I think we can all expect ASCII to die, and be replaced with something on the order of a standardized word-processing format that allows for integration of graphics, video and sound (and, hell, maybe even Smell-o-Vision). I won't try to predict whether this will be in a creator-intensive, user-easy form like WWW (compare composing 10 pages of HTML to composing 10 pages of MS Word material), or a creator-easy, user-intensive (or, rather, users'-machine- intensive) form. This will probably depend on how well HTML and other SGML derivatives do over the long haul, and on whether bandwidth and storage constraints continue their spiral toward effective infinity at a fast enough rate to keep up with demands. If I can send you a binary document full of sound and video clips and the fonts and other aesthetics I want to apply to the text, I won't care, and neither will you, if it takes up 10MB, when 10MB is like grains of sand in a desert. If 10MB continues to be a lot of space, then I may have to settle on HTML or something like it, with it's constraints, unpredictable final appearace, and the inconvenient method of authoring. No matter which way those winds blow, however, I don't expect to be illiterate, and I do expect my decendents if any to be able to read and write, probably better than I do. ------------------------------ ------------------------------ Date: Thu, 13 Aug 1994 22:51:01 CDT From: CuD Moderators <tk0jut2@mvs.cso.niu.edu> Subject: File 6--Cu Digest Header Information (unchanged since 10 Sept 1994) Cu-Digest is a weekly electronic journal/newsletter. Subscriptions are available at no cost electronically. CuD is available as a Usenet newsgroup: comp.society.cu-digest Or, to subscribe, send a one-line message: SUB CUDIGEST your name Send it to LISTSERV@UIUCVMD.BITNET or LISTSERV@VMD.CSO.UIUC.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, USA. 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