Computer underground Digest Fri Aug 2, 1996 Volume 8 : Issue 57
ISSN 1004-042X
Editor: Jim Thomas (cudigest@sun.soci.niu.edu)
News Editor: Gordon Meyer (gmeyer@sun.soci.niu.edu)
Archivist: Brendan Kehoe
Shadow Master: Stanton McCandlish
Field Agent Extraordinaire: David Smith
Shadow-Archivists: Dan Carosone / Paul Southworth
Ralph Sims / Jyrki Kuoppala
Ian Dickinson
Cu Digest Homepage: http://www.soci.niu.edu/~cudigest
CONTENTS, #8.57 (Fri, Aug 2, 1996)
File 1--: ACT NOW! freedom & privacy trashed in grab for police-state power
File 2--Cu Digest Header Info (unchanged since 7 Apr, 1996)
CuD ADMINISTRATIVE, EDITORIAL, AND SUBSCRIPTION INFORMATION ApPEARS IN
THE CONCLUDING FILE AT THE END OF EACH ISSUE.
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Date: Fri, 2 Aug 1996 11:05:43 -0700
From: jwarren@WELL.COM(Jim Warren)
Subject: File 1--Freedom & privacy trashed in grab for police-state power
((This CuD special issue is devoted to two combined posts from
Jim Warren, a long-time Net activist))
This is not a drill! We ARE under direct attack, NOW!
I would not normally broadcast (spam) this so widely, especially of such
length, unedited.
But this effort by federal enforcers and the President, to massively
demolish much of what's left of our nation's civil liberties and whatever
little we have of privacy protection is SO CAPRICIOUS and MOVING SO FAST
THROUGH CONGRESS that it requires INSTANT RESPONSE in the form of IMMEDIATE
phone calls and faxes to *our* "representatives" -- if there is any *hope*
to turn this appalling stampede to Big Brotherhood by Congress critters.
--jim
Jim Warren, GovAccess list-owner/editor, advocate & columnist (jwarren@well.com)
345 Swett Rd., Woodside CA 94062; voice/415-851-7075; fax/<# upon request>
[puffery FWIW: Hugh M. Hefner First-Amendment Award, Playboy Foundation;
James Madison Freedom-of-Information Award, Soc.of Prof.Journalists-Nor.Cal.;
Pioneer Award, Electronic Frontier Foundation (its first year, 1992);
founded InfoWorld, DataCast, Computers, Freedom & Privacy confs, etc. :-).]
&&&&&&&&&&&&&&&&&&&&
Date: Thu, 1 Aug 1996 10:15:15 -0800
From: telstar@wired.com (--Todd Lappin-->)
Subject--ALERT: Clinton's Wiretap Gambit
** RED ALERT **
The Clinton administration is exploiting the TWA crash and the Atlanta
Olympics blast to secure a massive expansion of FBI wiretap authority --
RIGHT NOW -- without public hearings, and without requiring the FBI to
publicly disclose evidence that it needs the increased snooping power.
The administration wants Congress to approve the new measures before the
recess which begins Friday (tomorrow!), so that the president can sign them
into law Monday.
Congress is prepared to back the plan.
An agreement the administration reached with Congress last night would
authorize:
-- emergency wiretap authority under which a "suspected
terrorist's" calls could be tapped for 48 hours WITHOUT a judge's order, and
-- roving, multi-point wiretaps that cover a suspect instead of just one
telephone.
This is happening so quickly that we have very little opportunity to mount
a response.
Moreover, all this is probably a curtain-raiser for the next phase of the
Clinton administration's assault on privacy. Come September, brace
yourself for increased calls for full funding for the Digital Telephony
wiretap provisions, AND the introduction of crypto key escrow legislation.
More detail on the current situation below.
--Todd Lappin-->
WIRED Magazine
------------------------------------------------
From: http://www.yahoo.com/headlines/960801/news/stories/terrorism_19.html
(Similar story at http://www.cnn.com)
Accord Reached on U.S. Anti-Terrorism Bill
WASHINGTON (Reuter) - U.S. lawmakers reached broad accord with the
Clinton administration Wednesday on the shape of possible new
anti-terrorism legislation following the crash of TWA Flight 800 and a
pipe-bomb blast at the Olympic Games.
Announcement of the agreement followed a series of negotiating sessions
between House and Senate members of both parties and White House chief
of staff Leon Panetta.
``I am very confident that we are going to be able to put a bill
together that hopefully will be adopted by the House and Senate and
passed on to the president,'' Panetta told reporters.
Clinton had sought swift action on areas where agreement could be found
before Congress leaves town at the end of the week for a month's recess.
``We're looking for some immediate help,'' Clinton said Tuesday.
Congressional staff were to work through much of the night to work on
legislative language.
The announcement by Panetta and the leader of the congressional task
force, Larry Craig, an Idaho Republican, followed earlier signals by
Republican leaders casting doubt on whether Congress could act this
week.
In a letter to Clinton, Republican leaders had said that more
information was needed before any final decisions could be made, and
expressed concern that anti-terorrism money and authority already
provided was was not being used.
The letter, signed by House Speaker Newt Gingrich, Senate Leader Trent
Lott and House Leader Dick Armey, requested a briefing by Attorney
General Janet Reno, FBI Director Louis Freeh and Panetta Thursday.
But Lott, who had told reporters earlier he did not see how a bill could
be approved by the weekend and sent to Clinton, told the Senate in
mid-evening: ``We believe we can take up an agreed-to package on the
anti-terrorism issue hopefully tomorrow or Friday.''
Craig said that seven or eight areas had been under discussion and
agreement reached on five that would be examined. ``Both sides had to
swallow hard on several issues,'' he said.
The accord includes expansion of wiretap authority linked, as a
tradeoff, to strengthening of privacy laws. This would include
multi-point wiretaps that would cover a suspect instead of just one
telephone, and emergency wiretap authority under which a suspected
terorist's calls could be tapped for 48 hours without a judge's order.
Craig said the accord included a new capital offense for murder by
bombing ``specific to the Olympics.'' It also includes a blue ribbon
presidential commission to look at the long-term terrorism threat.
Apparently out of the deal is the controversial question of placing a
distinctive chemical in black powder, which might have been the
explosive used in the Olympic pipe-bomb, to help trace it.
&&&&&&&&&&&&&&&&&&&&
Date: Thu, 1 Aug 1996 10:00:30 -0400
From: editor@cdt.org (Bob Palacios)
Subject--Policy Post 2.29 - Administration, Congress Propose Sweeping
Anti-Terrorism Initiatives
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\_____|_____/ |_| /_/ \____/_/_/\___/\__, / /_/ \____/____/\__/
The Center for Democracy and Technology /____/ Volume 2, Number 29
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A briefing on public policy issues affecting civil liberties online
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CDT POLICY POST Volume 2, Number 29 August 1, 1996
CONTENTS: (1) Clinton Administration, Congress Propose Sweeping
Anti-Terrorism Initiatives
(2) How to Subscribe/Unsubscribe
(3) About CDT, contacting us
** This document may be redistributed freely with this banner intact **
Excerpts may be re-posted with permission of <editor@cdt.org>
** This document looks best when viewed in COURIER font **
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(1) CLINTON ADMINISTRATION, CONGRESS PROPOSE SWEEPING ANTI-TERRORISM
INITIATIVES
In the wake of the recent bombing at the Olympics and the suspected
terrorist involvement in the TWA crash, the Clinton Administration and
members of Congress are proposing a set of sweeping counter-terrorism
initiatives. If enacted into law, these proposals will dramatically
increase law enforcement surveillance authority over the Internet and other
advanced communications technologies. An outline of the Administration's
proposal was circulated on Capitol Hill on Monday July 29.
President Clinton has urged Congress to pass new counter-terrorism
legislation before the Congressional recess at the end of this week. While
several prominent Republican members of Congress, including House Speaker
Newt Gingrich (R-GA), have said publicly that Congress should not rush into
any new counter-terrorism legislation, most observers believe there is a
strong possibility that some or all of the Administration's proposal will
be enacted before the August recess.
The draft proposal contains several measures which were rejected by
Congress as part of the previous counter-terrorism initiative proposed
last year after the Oklahoma City bombing, as well as several new measures
including as-yet unspecified changes to U.S. encryption policy and funding
for the Communications Assistance for Law Enforcement Act (CALEA, a.k.a.
Digital Telephony).
CDT is concerned that the latest counter-terrorism efforts on Capitol Hill
are occurring without appropriate deliberation. Major policy decisions
expanding the surveillance powers of law enforcement should not be made
without careful consideration of the necessity of such proposals and the
relative benefit to society. In the coming days and weeks, CDT will work
with Congressional leaders, privacy advocates, and the net.community to
ensure that constitutional civil liberties and the openness of the Internet
are protected as Congress considers counter-terrorism measures.
________________________________________________________________________
MAJOR POINTS OF THE COUNTER-TERRORISM PROPOSALS CIRCULATING ON THE HILL
The administration's new counter-terrorism initiative and other amendments
circulating this week in Congress contain numerous provisions, but four
are of particular concern to the net.community:
* New Threats to Encryption, Opposition to the Pro-CODE Bill
* Funding for Digital Telephony Without Public Accountability
* Amendment to Criminalize 'Bomb-Making' Information on the Internet
* Expanded Authority for Multi-Point, "Roving" Wiretaps
The full text of the Administration's proposal and background information
are available at CDT's counter-terrorism Web Page:
http://www.cdt.org/policy/terrorism/
--------------------------------------------------------
I. NEW THREATS TO ENCRYPTION, OPPOSITION TO THE PRO-CODE BILL
The Administration's outline contains the following statement on encryption:
"* Encryption -- We will seek legislation to strengthen our ability to
prevent terrorists from coming into the possession of the technology
to encrypt their communications and data so that they are beyond the
reach of law enforcement. We oppose legislation that would eliminate
current export barriers and encouraging the proliferation of encryption
which blocks appropriate access to protect public safety and the
national security."
While no specific legislative language has yet been proposed, this
represents the first statement by the Administration that they will seek
legislation to further restrict encryption. Even more troubling, the
Administration is clearly attempting to use the recent suspected terrorist
incidents to push for a new and more restrictive encryption policy.
This new proposal comes as Congress is finally beginning to seriously
consider major changes in U.S. encryption policy. Bipartisan legislation
in both the House and Senate to relax encryption export controls is gaining
momentum. The Senate Commerce Committee has held 3 hearings in the last 6
weeks, and is preparing to vote to send the Burns/Leahy "Pro-CODE" bill (S.
1726) to the floor of the Senate. The Administration's attempt to leverage
the public's concern about terrorism to block passage of the Pro-CODE bill
is disturbing, and poses a significant threat to privacy and security on the
Internet.
CDT is working with members of Congress, privacy advocates, and the
communications and computer industries to oppose any attempt by the
Administration to impose new restrictions on encryption, and we continue to
work to move the bipartisan export relief legislation through Congress.
--------------------------------------------------------
II. FUNDING FOR DIGITAL TELEPHONY WITHOUT PUBLIC ACCOUNTABILITY
The Administration is also seeking to override the public accountability
provisions of the Communications Assistance for Law Enforcement Act (CALEA
- a.k.a. 'Digital Telephony') by providing a funding for the law in a way
that prevents public oversight of the FBI's surveillance ability.
Enacted in October of 1994, granted law enforcement new authority to
influence the design of telecommunications networks (the Internet,
Commercial online services, and BBS's were exempted) in order to preserve
their ability to conduct court authorized electronic surveillance.
Congress balanced this new authority with a number of mechanisms to ensure
public accountability over law enforcement surveillance ability.
While complicated, the public accountability mechanisms are designed to
work as follows:
* Law enforcement provides telecommunications carriers, the Congress,
and the public with notice of its surveillance capacity needs (i.e.,
the number of simultaneous wiretaps in a given geographic location)
with an opportunity for public comment.
* Based on an assessment of the reasonableness of the law enforcement
surveillance capacity request, Congress appropriates money to cover
the cost of modifications. If Congress does not believe law
enforcement has adequately justified its request, money will not be
appropriated.
* Telecommunications carriers are not obligated to comply with the
statute or make any capacity modifications without government
reimbursement.
In October 1995, the FBI published its first notice of surveillance
capacity (see CDT Policy Post Vol. 1, No. 26). The telecommunications
industry and privacy advocates used the public accountability provisions of
CALEA to respond to the FBI's request and argued that the FBI had not
adequately justified the extensive surveillance capability contained in the
request. As a result, Congress has not yet appropriated funds and no
modifications have been made.
The FBI clearly believes that the public accountability provisions of CALEA
are working **too well**, and appears to be using the recent focus on
terrorism to push for a new funding mechanism which does not contain public
oversight.
CDT is fighting hard to ensure that the public accountability provisions of
CALEA, which have until now prevented the FBI from acquiring unnecessary
surveillance capacity, remain a part of the law, and will vigorously oppose
any effort by the FBI and the Clinton Administration to remove the last
opportunity for public oversight over law enforcement power.
--------------------------------------------------------
III. THE AVAILABILITY OF 'BOMB-MAKING' INFORMATION ON THE INTERNET
Senator Dianne Feinstein (D-CA) has reintroduced an amendment to make it
illegal to disseminate information on how to construct explosives knowing
that the information will be used in furtherance of a federal crime. The
amendment was adopted by the Senate earlier this month as part of a
Department of Defense Appropriations bill. CDT believes that the vague
provisions of the Feinstein amendment could have a chilling effect on online
speech, needlessly duplicate existing criminal statutes, and should be
removed.
Feinstein first proposed the amendment as part of the 1995
counter-terrorism bill. The initial Feinstein amendment was extremely broad
and would have resulted in a flat ban on certain constitutionally protected
speech online. After civil liberties advocates objected, Feinstein
narrowed her amendment substantially, although it was ultimately dropped
from the final terrorism bill signed in April 1996.
--------------------------------------------------------
IV. EXPANDED WIRETAP AUTHORITY
The Administration's proposal would also significantly expand current
wiretapping authority to allow multi-point (or "roving") wiretaps. This
would dramatically change surveillance authority to include wiretaps of
INDIVIDUALS instead of LOCATIONS.
This proposal would do away with the delicate balance between privacy and
law enforcement that Congress has struck over 30 years of wiretapping
legislation. Federal law has always required that wiretaps issue for a
specific location, to meet Fourth Amendment requirements. In 1986 Congress
introduced a narrow exception to this rule, only for cases where it could
be shown that the target was intentionally evading wiretaps by changing
facilities. The Administration proposal would completely remove this
standard, allowing so-called "roving taps" for any persons whose behavior
makes wiretapping difficult for law enforcement.
The administration proposed similar provisions in the spring of 1995 in the
wake of the Oklahoma City bombing. These provisions proved controversial in
Congress and were dropped from the final bill.
________________________________________________________________________
FOR MORE INFORMATION
For more information on the counter-terrorism proposals and their impact on
the Internet check out:
CDT's Counter-Terrorism Page: http://www.cdt.org/policy/terrorism/
CDT's Encryption Policy Page: http://www.cdt.org/crypto/
CDT's Digital Telephony Page: http://www.cdt.org/digtel.html
Encryption Policy Resource Page: http://www.crypto.com/
------------------------------------------------------------------------
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(5) ABOUT THE CENTER FOR DEMOCRACY AND TECHNOLOGY/CONTACTING US
The Center for Democracy and Technology is a non-profit public interest
organization based in Washington, DC. The Center's mission is to develop
and advocate public policies that advance democratic values and
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End Policy Post 2.29 8/1/96
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&&&&&&&&&&&&&&&&&&&&
From: shabbir@vtw.org (Shabbir J. Safdar)
Date: Thu, 01 Aug 1996 16:44:06 -0400
please send this to your own lists..
-Shabbir J. Safdar * Online Representative * Voters Telecomm. Watch (VTW)
http://www.vtw.org/ * Defending Your Cyberspace Rights In The Real World *
======================================================================
____ _____ ____ ___ _ _____ ____ _____
| _ \| ____| _ \ / _ \| | | ____| _ \_ _| CONGRESS RUSHING TO
| |_) | _| | | | | | |_| | | | _| | |_) || | ENACT SURVEILLANCE
| _ <| |___| |_| | | _ | |___| |___| _ < | | LEGISLATION. CALL
|_| \_\_____|____/ |_| |_|_____|_____|_| \_\|_| CONGRESS NOW! 8/1/96
REPOST THIS ALERT WHERE APPROPRIATE
DO NOT REDISTRIBUTE AFTER AUGUST 7, 1996
----------------------------------------------------------------------
Table of contents
Introduction
What you can do now
Background
Participating organizations
----------------------------------------------------------------------
INTRODUCTION
Late Wednesday, Congress and the Clinton Administration reached a
preliminary agreement on a sweeping new surveillance initiative. The
President and several Congressional leaders are pushing for a vote on the
measure BEFORE CONGRESS RECESSES ON AUGUST 2.
If enacted, parts of the proposal would dramatically impact privacy and
security on the Internet and other advanced communications technologies.
Of particular concern are provisions which:
1. Allows law enforcement to wiretap "suspected terrorists" for up to
48 hours BEFORE obtaining a court order
2. Provide funding for the Digital Telephony Proposal without any public
accountability over how the FBI spends the funds
Other provisions are also circulating that would:
3. Threaten to impose new restrictions on encryption technologies
4. Seek to criminalize the distribution of 'bomb-making' information on
the Internet that is legal in print.
Congress needs to hear from you. Congress will rush through the passage
of massive new surveillance plans with privacy risks unless you
show them there is support for slow, deliberate, reasoned thought on
the issue.
----------------------------------------------------------------------
WHAT YOU CAN DO NOW
CALL KEY MEMBERS OF CONGRESS IMMEDIATELY!
NO LATER THAN FRIDAY (8/2/96)
Please contact as many elected officials on the list below as you can.
Urge them to "go slow" and carefully consider the impact these
surveillance proposals will have on the privacy and security of
all Internet users.
Tell them while you appreciate their concern about combating terrorism,
the measures being proposed have many potential side effects which must be
carefully considered.
1. Call the key members of Congress below and ask them to "go slow" and
examine the issues before rushing into changing the delicate balance
of law enforcement surveillance and the public.
2. If you are at a loss for words, use the following sample communique:
SAMPLE COMMUNIQUE
Dear _________,
Please do not rush the passage of counter terrorism legislation;
I'm concerned that Congress is rushing without carefully
considering the implications of privacy. I'm from <city, state>.
Thanks, <click>
You should call the following members of Congress because they
are steering this legislation and need to hear there is support
for slow, deliberate, thoughtful consideration of this issue.
Some of thee members *have publicly expressed reservations* about this
legislation, and we should support them in their efforts.
Senate members:
P ST Name and Address Phone Fax
= == ======================== ============== ==============
R MS Lott, Trent 1-202-224-6253 1-202-224-2262
D DE Biden Jr., Joseph R. 1-202-224-5042 1-202-224-0139
D SD Daschle, Thomas A. 1-202-224-2321 1-202-224-2047
R UT Hatch, Orrin G. 1-202-224-5251 1-202-224-6331
R PA Specter, Arlen 1-202-224-4254 1-717-782-4920
D VT Leahy, Patrick J. 1-202-224-4242 1-202-224-3595
House members:
Dist ST Name, Address, and Party Phone Fax
==== == ======================== ============== ==============
6 GA Gingrich, Newt (R) 1-202-225-4501 1-202-225-4656
3 MO Gephardt, Richard A. (D) 1-202-225-2671 1-202-225-7452
6 IL Hyde, Henry J. (R) 1-202-225-4561 1-202-226-1240
14 MI Conyers Jr., John (D) 1-202-225-5126 1-202-225-0072
President William Clinton:
White House Comment Line: 1-202-456-1414
3. If you get a response, take a moment and send mail to vtw@vtw.org
with "feedback" in the subject line.
$ Mail vtw@vtw.org
Subject--my feedback from calling Congress
They said they're not going to pass most of Clinton's package,
because it upsets the delicate balance between law enforcement and
the public.
^D
Mail sent!
----------------------------------------------------------------------
BACKGROUND
Among other things, the law enforcement proposals circulating on Capitol
Hill include provisions which:
o WIRETAPPING WITHOUT COURT ORDER ALLOWED FOR 48 HOURS
Congress and the President have already agreed to provisions which
would dramatically expand law enforcement surveillance authority. Both
of these provisions were proposed by the President as part of the 1995
counter-terrorism legislation, but were dropped from the final bill
after Republicans and civil liberties advocates objected.
The current proposal would expand law enforcement surveillance
authority in two ways:
- Emergency 48 Hour Wiretap Authority: Current law requires law
enforcement officials to get the affirmative consent of a judge
before installing a wiretap.
The current proposal would expand law enforcement authority to
wiretap "suspected terrorists" for up to 48 hours before obtaining a
court order, limiting a critical 4th amendment safeguard.
- Multi-Point "Roving" Wiretaps: Current law allows law enforcement to
tap only specific LOCATIONS (i.e., a telephone number). In certain
very limited circumstances, law enforcement can tap a specific
INDIVIDUAL if it can be shown to a judge that the suspect is moving
from place to place with the specific intent of thwarting law
enforcement.
The current proposal would expand this so-called "roving" wiretap
authority by making it much easier for law enforcement to tap specific
INDIVIDUALS as opposed to specific physical locations. This change
would dramatically effect the balance between 4th Amendment privacy
rights and public safety which has existed for nearly 30 years, and
should not be enacted without careful consideration of the
implications.
o FUNDING FOR DIGITAL TELEPHONY WITHOUT PUBLIC ACCOUNTABILITY
The Administration and Congress are seeking funding to implement the
Digital Telephony Law in a way which eliminates any opportunity for
public oversight of law enforcement surveillance ability.
The controversial law, known officially as the Communications
Assistance for Law Enforcement Act (CALEA), granted the FBI new
authority to influence the design of telecommunications networks. At
the same time, the law provided substantial public oversight over the
FBI's surveillance ability by requiring the FBI to state, on the
public record, what its surveillance needs are.
The FBI has faced stiff resistance from civil liberties groups and some
members of Congress and has not yet been able to obtain funding to
implement the requirements of the law.
As part of the current proposal, the FBI is seeking a mechanism which
will provide funding for CALEA in a way which skirts the public
oversight provisions of the law. This is an extremely troubling move
by law enforcement which, if enacted, would allow law enforcement
essentially unlimited authority to influence the design of
telecommunications networks without any accountability.
Other provisions which could show up in legislation in the next 72 hours are:
o BOMB MAKING MATERIAL ON THE INTERNET
In the wake of the recent public concern about terrorism, Senators
Dianne Feinstein (D-CA) and Joseph Biden (D-DE) have renewed their
efforts to pass legislation to restrict the availability of 'bomb-
making' information on the Internet.
The Feinstein/Biden amendment was added to the Senate Defense
Appropriations bill (S. 1762) in early July, and is not currently part
of the new law enforcement initiative. However, the amendment poses a
serious threat to chill the the free flow of information on the
Internet.
o THREATEN TO IMPOSE NEW RESTRICTIONS ON ENCRYPTION TECHNOLOGIES:
While no specific legislation has been proposed, the Clinton
Administration has circulated an outline to Congress which states:
"We will seek legislation to strengthen our ability to
prevent terrorists from coming into the possession of the technology
to encrypt their communications and data so that they are beyond the
reach of law enforcement."
This statement marks the first time that the Administration has
suggested legislation to restrict encryption. This is especially
troubling because it comes at a time of growing Congressional support
for legislation to promote privacy and security tools for the Net.
Of even more concern, the Administration is clearly attempting to use
the recent suspected terrorist incidents to push for a new and more
restrictive encryption policy.
If the Administration succeeds in passing new restrictions on
encryption as part of the new surveillance legislation, the future
of the Internet as a secure and trusted platform for commerce and
private communication will be threatened.
Some or all of these provisions may be included in a package voted
on by both houses by August 3rd. It is not clear what a final bill
will look like, and some of these provisions may not be considered by
Congress until later this summer.
----------------------------------------------------------------------
PARTICIPATING ORGANIZATIONS
The following organizations all urge you to take this action to combat the
surveillance initiatives. Check their pages for more background
information on these issues.
American Civil Liberties Union (http://www.aclu.org)
American Communication Association
Center for Democracy and Technology (http://www.cdt.org)
Electronic Frontier Foundation (http://www.eff.org)
EF-Austin (http://www.efa.org)
Electronic Privacy Information Center (http://www.epic.org)
Feminists for Free Expression
National Libertarian Party (http://www.lp.org)
National Writers Union (http://www.nwu.org/nwu/)
People For the American Way (http://www.pfaw.org)
Voters Telecommunications Watch (http://www.vtw.org)
Wired Ventures Ltd. (http://www.hotwired.com)
======================================================================
Just processed these additional items on the administration's FAST-moving
efforts to demolish freedom and privacy in Amerika.
--jim
&&&&&&&&&&&&&&&&&&&&
HOUSE VOTE TO ALLOW MASSIVE, ILL-CONTROLLED SURVEILLANCE, LIKELY TODAY!
Date: Fri, 2 Aug 1996 11:07:40 -0400
From: jseiger@cdt.org (Jonah Seiger)
Subject--URGENT: Surveillance Bill Gets New Life - House Vote Likely TODAY!
(please forward where appropriate)
It's not over yet....
The House has scheduled a vote on "suspension" for a 'counter-terrorism'
bill TODAY (Friday).
Despite media reports that the negotiations had stalled out, house
Republicans have apparently worked out their differences and are set to
vote on the bill today. The Senate may or may not vote on the measure on
Saturday.
No one I've talked to knows for sure what's in the bill, though I have
heard that there are no encryption provisions and that some of the wiretap
proposals have been scaled back.
I will post details as I get them. In the mean time, keep those calls
coming into Congress.
Jonah
** THE FIGHT FOR FREE SPEECH ONLINE CONTINUES TO THE SUPREME COURT **
It's not too late to be a part of history -- Join the Lawsuit
<http://www.cdt.org/ciec> -- <ciec-info@cdt.org>
--
Jonah Seiger, Policy Analyst Center for Democracy and Technology
<jseiger@cdt.org> 1634 Eye Street NW, Suite 1100
Washington, DC 20006
PGP Key via finger (v) +1.202.637.9800
http://www.cdt.org/ (f) +1.202.637.0968
http://www.cdt.org/homes/jseiger/
&&&&&&&&&&&&&&&&&&&&
Date: Fri, 2 Aug 1996 12:17:07 -0400
From: jseiger@cdt.org (Jonah Seiger)
Subject--More on the latest Surveillance Bill...
The outline below is from a document produced by the House Republican
Conference. It is ONLY A SUMMARY of the proposed bill and is NOT actual
legislation. No one I have spoken with has seen any specific legislative
language yet.
The outline is confusing on several points, particularly the "FBI DIGITAL
TELEPHONY" Section, which says:
"The bill authorizes the FBI to use enhanced telephone technology to
investigate suspected terrorist activity. Funding for equipment purchase was
provided in the 1996 omnibus appropriations measure enacted earlier this
year."
The first sentence above is not at all clear, and probably won't be until
we can get our hands on the actual text of the bill. It could be additional
wiretap authority (ie, roving wiretaps), or it could be nothing. As far as
the funding goes, the "1996 omnibus appropriations measure" DID NOT contain
funding for implementation of the law - but it did appropriate $37 million
to cover new equipment for the FBI.
The rest looks like it is a scaled back version of a measure the
Administration and members of Congress were pushing earlier this week, but
the scope of the new bill depends a lot on what the actual text says.
I will post additional information as soon as I get it.
Jonah
--
Bipartisan Antiterrorism Initiative
HR__
Committee on the Judiciary
No Report Filed
To Be Introduced
Floor Situation:
The House is scheduled to consider HR__ on Friday August 2, 1996. On
Thursday August 1, the Rules Committee granted a rule to allow the bill to
be considered under suspension of the rules. It is debatable for 40
minutes, may not be amended, and requires a two-thirds vote for passage.
Summary:
HR__ includes several bipartisan initiatives intended to bolster federal
efforts to combat domestic terrorism in addition to those already enacted
earlier this year as part of the 1996 Antiterrorism and Effective Death
Penalty Act (P.L. 104-132). The bill contains the following
counter-terrorism provisions:
Aviation SECURITY MEASURES: The bill enables domestic airports to
aggressively search for and prevent explosives from causing destruction and
harm to individuals or property through enhanced explosive detection
procedures, baggage and passenger screening, and FBI authority to improve
airport security training and standards to ensure that provisions of the
1990 Aviation Security Act (P.L 101-604) are implemented expeditiously.
Specifically, the bill (1) requires the FAA to implement increased
explosives section methods immediately, (2) strengthen the level of
training and expertise possessed by security personnel who are assigned to
domestic airports, (3) allows airports to use available funding to
reinforce such training for security personnel, and (4) extends criminal
background requirements to include a greater number of airport employees.
IMPLEMENTATION OF EXISTING ANTI-TERRORISM LAWS: The bill urges
implementation of provisions enacted in the 1996 Antiterrorism and
Effective Death Penalty Act (P.L. 104-132), such as designating and
freezing the assets of foreign terrorist organizations and implementing
expedited removal procedures for aliens convicted of a crime.
BIPARTISAN "BLUE RIBBON" COMMISSION: The bill establishes a special
commission to review all aspects of U.S. anti-terrorism policy and make
legislative recommendations about methods to most effectively establish a
long-term defense against terrorist threats, including enhancing the
nation's human intelligence capabilities.
PRIVACY ACT AMENDMENTS: The bill includes provisions which grant a cause of
action against the U.S. if in the course of a wiretap investigation
damaging information is willfully disclosed to the detriment of an innocent
party by the federal government. The cause of action includes monetary
damages to the plaintiff if a favorable decision is rendered in federal
court.
EXPLOSIVES STUDY: The bill authorizes a study on black and smokeless powder
by an independent agency selected by the National Institute of Justice.
FEDERAL RACKETEERING STATUTE CRIMES: The bill permits federal prosecutors
to deem those acts determined to be terrorist in nature as substantial
enough to invoke criminal prosecution under existing criminal racketeering
(RICO) statutes.
FBI DIGITAL TELEPHONY: The bill authorizes the FBI to use enhanced
telephone technology to investigate suspected terrorist activity. Funding
for equipment purchase was provided in the 1996 omnibus appropriations
measure enacted earlier this year.
<...>
Jonah Seiger, Policy Analyst Center for Democracy and Technology
<jseiger@cdt.org> 1634 Eye Street NW, Suite 1100
Washington, DC 20006
PGP Key via finger (v) +1.202.637.9800
http://www.cdt.org/ (f) +1.202.637.0968
http://www.cdt.org/homes/jseiger/
&&&&&&&&&&&&&&&&&&&&
ELECTRONIC FRONTIER FOUNDATION ALSO ISSUED A LENGTHY (30KB) ACTION ALERT,
(Excerpted here)
Date: Thu, 1 Aug 1996 21:32:43 -0700 (PDT)
From: Stanton McCandlish <mech@eff.org>
Subject--EFFector Online 09.10: ALERT: Act NOW against wiretapping bill!
Reply-To: editor@eff.org
Organization: Electronic Frontier Foundation
X-EFF_General_Info: info@eff.org
X-URL: http://www.eff.org/pub/EFF/Newsletters/EFFector/
=========================================================================
________________ _______________ _______________
/_______________/\ /_______________\ /\______________\
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=========================================================================
EFFector Online Volume 09 No. 10 Aug. 1, 1996 editors@eff.org
A Publication of the Electronic Frontier Foundation ISSN 1062-9424
IN THIS ISSUE:
ALERT: Congress Rushing to Enact Anti-Privacy Bill - Call Congress NOW!
Introduction
What you can do now
Background
Participating organizations
NewsNybbles
EFF Web Site Now Features "What's Hot" News Updates and Search Engine
Upcoming Events
Quote of the Day
What YOU Can Do
Administrivia
* See http://www.eff.org/Alerts/ or ftp.eff.org, /pub/Alerts/ for more
information on current EFF activities and online activism alerts! *
----------------------------------------------------------------------
Subject--ALERT: Congress Rushing to Enact Anti-Privacy Bill - Call Congress NOW!
--------------------------------------------------------------------------------
**** Last minute update ****
Just before ye editor was about to send this issue out, reports are
filtering in that negotiations on the bill that is the subject of the
alert below, have collapsed.
CNN reports: "Key members of the Senate blamed House conservatives for the
failure, saying they had insisted on linking proposed new
wiretapping authority for the FBI to an expansion of privacy laws."
CNN quotes Rep. Charles Schumer (D-NY) as saying that House Republican
leaders "have come up with this smokescreen called privacy". You may
wish to let Rep. Schumer know how you feel about your right to privacy
being labelled "a smokescreen":
9th Dist. NY Schumer, Charles E. (D)
1-202-225-6616 (voice), 1-202-225-4183 (fax)
The full text of the CNN article is available at:
http://www.cnn.com/US/9608/01/wh.terror.bill/index.html
The article also reports that "lawmakers said there is hope for
agreement after the month long" Congressional recess beginning at the end
of this week.
THIS MEANS THAT THE ALERT BELOW IS STILL URGENT, and still important.
We just have a short breathing space now.
- mech@eff.org
____ _____ ____ ___ _ _____ ____ _____
| _ \| ____| _ \ / _ \| | | ____| _ \_ _| CONGRESS RUSHING TO
| |_) | _| | | | | | |_| | | | _| | |_) || | ENACT SURVEILLANCE
| _ <| |___| |_| | | _ | |___| |___| _ < | | LEGISLATION. CALL
|_| \_\_____|____/ |_| |_|_____|_____|_| \_\|_| CONGRESS NOW! 8/1/96
REPOST THIS ALERT WHERE APPROPRIATE
DO NOT REDISTRIBUTE AFTER AUGUST 7, 1996
______________________________________________________________________
Table of contents
Introduction
What you can do now
Background
Participating organizations
______________________________________________________________________
* INTRODUCTION
<...>
* WHAT YOU CAN DO NOW
CALL KEY MEMBERS OF CONGRESS IMMEDIATELY!
NO LATER THAN FRIDAY (8/2/96)
Please contact as many elected officials on the list below as you can.
Urge them to "go slow" and carefully consider the impact these
surveillance proposals will have on the privacy and security of
all Internet users.
Tell them while you appreciate their concern about combating terrorism,
the measures being proposed have many potential side effects which must be
carefully considered.
1. Call the key members of Congress below and ask them to "go slow" and
examine the issues before rushing into changing the delicate balance
of law enforcement surveillance and the public.
2. If you are at a loss for words, use the following sample communique:
SAMPLE COMMUNIQUE
Dear _________,
Please do not rush the passage of counter terrorism legislation;
I'm concerned that Congress is rushing without carefully
considering the implications of privacy. I'm from <city, state>.
Thanks, <click>
You should call the following members of Congress because they
are steering this legislation and need to hear there is support
for slow, deliberate, thoughtful consideration of this issue.
Some of thee members *have publicly expressed reservations* about this
legislation, and we should support them in their efforts.
Senate members:
P ST Name and Address Phone Fax
= == ======================== ============== ==============
R MS Lott, Trent 1-202-224-6253 1-202-224-2262
D DE Biden Jr., Joseph R. 1-202-224-5042 1-202-224-0139
D SD Daschle, Thomas A. 1-202-224-2321 1-202-224-2047
R UT Hatch, Orrin G. 1-202-224-5251 1-202-224-6331
R PA Specter, Arlen 1-202-224-4254 1-717-782-4920
D VT Leahy, Patrick J. 1-202-224-4242 1-202-224-3595
House members:
Dist ST Name, Address, and Party Phone Fax
==== == ======================== ============== ==============
6 GA Gingrich, Newt (R) 1-202-225-4501 1-202-225-4656
3 MO Gephardt, Richard A. (D) 1-202-225-2671 1-202-225-7452
6 IL Hyde, Henry J. (R) 1-202-225-4561 1-202-226-1240
14 MI Conyers Jr., John (D) 1-202-225-5126 1-202-225-0072
President William Clinton:
White House Comment Line: 1-202-456-1414
3. If you get a response, take a moment and send mail to vtw@vtw.org
with "feedback" in the subject line.
$ Mail vtw@vtw.org
Subject--my feedback from calling Congress
They said they're not going to pass most of Clinton's package,
because it upsets the delicate balance between law enforcement and
the public.
^D
Mail sent!
------------------------------
Date: Thu, 21 Mar 1996 22:51:01 CST
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