GILC Alert, Vol. 4, Issue 2



GILC Alert
Volume 4, Issue 2
February 22, 2000

Welcome to the Global Internet Liberty Campaign Newsletter.

Welcome to GILC Alert, the newsletter of the Global Internet Liberty
Campaign. We are an international organization of groups working for
cyber-liberties, who are determined to preserve civil liberties and human
rights on the Internet.

We hope you find this newsletter interesting, and we very much hope that you
will avail yourselves of the action items in future issues.
If you are a part of an organization that would be interested in joining
GILC, please contact us at <gilc@gilc.org>.

If you are aware of threats to cyber-liberties that we may not know about,
please contact the GILC members in your country, or contact GILC as a whole.
Please feel free to redistribute this newsletter to appropriate forums.
======================================================================

Free Expression
[1] Hollywood seeks ban on DVD web links
[2] China: "Big Mama" is watching
[3] Burma silences political sites
[4] British Telecom to cloister controversial sites?
[5] Australia: restrict domain names
[6] Africa Online expands
[7] Secret censorship software revelations
[8] Upcoming Internet free expression conference
[9] Future Euro E-commerce meetings

Privacy and Encryption
[10] DoubleClick may have tracked 90 million U.S. households
[11] E-commerce sites attacked
[12] EU members resume ECHELON debate
[13] New British surveillance scheme
[14] Russian gov't expands Net tapping
[15] Italy mediates data privacy dispute
[16] Renewed push for ENFOPOL
[17] Report: data insecurity hurts e-commerce
[18] Study: E-firms want money more than privacy
[19] New software "shredder" for old e-mail

======================================================================
[1] Hollywood seeks ban on DVD web links
======================================================================
A new round of legal wrangling over Internet DVD discussions will begin next
month.

The entertainment industry, through the DVD Content Control Association (DVD
CCA) and the Motion Picture Association of America (MPAA), have now sued to
prevent Internet users from linking to websites that have DeCSS. DeCSS was a
primitive program to help users of the Linux operating system play DVDs on
their computers. A court in New York will set a trial date for one of these
cases sometime within the next few weeks. Previously, courts in both New
York and California had already issued preliminary injunctions that barred
computer users from posting DeCSS on their websites.

Many experts are concerned that these actions may stifle free expression in
cyberspace. Robin Gross of the Electronic Frontier Foundation (EFF--a GILC
member) noted that the motion picture industry's attempted ban on links to
DeCSS were "a quick way to kill speech on the Net". EFF currently represents
defendants in both the New York and California cases.

These concerns were echoed at a recent panel discussion held in New York
City, which included Allonn Levy from EFF and Barry Steinhardt from the
American Civil Liberties Union (ACLU--a GILC member). The forum was part of
the Linux World expo held during the first week of February. Steinhardt
noted that the day's discussions "really made it clear that this case is not
about piracy, but about the ability of Linux users to play DVDs on their
machine. As one participant put it, 'I just want to play a movie on my
computer.'"

Meanwhile, a GILC member statement has been issued, which expresses the
belief that "intellectual property owners should not be allowed to expand
their property rights at the expense of free speech, legal
reverse-engineering of software programs for interoperability reasons and
discussions of technical and scientific issues on the internet." Additional
signatories for the statement are still being sought.

For more information, see Carl S. Kaplan, "Judge May Be Hollywood's Friend
in Fight Over DVD Code", N.Y. Times, February 11, 2000, at (registration
required)
http://www.nytimes.com/library/tech/00/02/cyber/cyberlaw/11law.html

Coverage of the LinuxWorld debate can be seen under Jeff Howe, "DVD Open
Forum Minus the Forum", Wired News, Feb. 4, 2000, at
http://www.wired.com/news/politics/0,1283,34135,00.html

For further information, visit
http://www.opendvd.org

To view a GILC member statement on this subject, see
http://www.gilc.org/speech/DVD-CSS.html

======================================================================
[2] China: "Big Mama" is watching
======================================================================
Forget George Orwell's "Big Brother". Mainland China's "Big Mama" may even
scarier.

Recent reports have indicated that Chinese censorship of the Internet
transmissions to a larger extent than previously believed. The Chinese
government has fostered a vast army of "volunteers" known as "Big Mamas" to
comb through websites, chat rooms, and private e-mails for subversive
material. Under this allegedly self-regulatory scheme, the thought control
aspect of "Big Mamas" can take variety of insidious forms. Censors often
appear on chat boards and warn participants to "Stick to the topic" rather
than criticize the government. In other instances, messages which appear
counter-revolutionary are made to quietly disappear at the hands of these
purportedly patriotic "volunteers".

These moves come after Beijing recently expanded its rules on state secrets.
The revised system requires businesses and individuals who use the Internet
to register with the government or face harsh penalties. Under this regime,
applicants have to provide copies of the software that they possess
(particular encryption programs), as well as serial numbers and user lists.
These efforts are apparently an attempt to track down and silence political
dissidents.

For further information, see "In China, The Net Grows Up", Reuters, Jan. 25,
2000, at
http://abcnews.go.com/sections/tech/DailyNews/china_webpolice000125.html

See also "China tightens Net security", USAToday.com, January 26, 2000, at
http://www.usatoday.com/life/cyber/tech/cth217.htm

======================================================================
[3] Burma silences political sites
======================================================================
The Burmese government has issued new rules which bar political dissent on
the Internet.

The new regulations prohibit any commentary considered to be "detrimental to
government policies". Myanmar Post and Telecommunications, which is the
country's sole Internet service provider, issued these standards several
weeks ago, according to Burmese television.

These moves come months after Reporters Sans Frontieres had labeled the
ruling Burmese regime one of the twenty greatest enemies of the Internet,
along with such countries as North Korea, Libya and Iraq.

For background information, see James Miles, "Burmese ban on political
websites", BBC News, Jan. 20, 2000, at
http://news.bbc.co.uk/hi/english/world/asia-pacific/newsid_611000/611836.stm

Visit the homepage of Reporters Sans Frontieres at
http://www.rsf.fr

======================================================================
[4] British Telecom to cloister controversial sites?
======================================================================
Several corporate executives, including a high-level official at British
Telecom (BT), are currently discussing plans to restrict websites with
controversial content through their domain names.

These discussions were brought to light in an e-mail message from John C.
Lewis, BT's representative to the International Corporation for Assigned
Names and Numbers (ICANN). ICANN was created several years ago to deal with
several Internet protocol related issues, including domain name
registration. In the message, which had been accidentally sent to a public
list, Lewis suggested that sites with offensive material should be branded
with special domain names. In particular, Lewis said that such webpages
should be allowed to use some of the new domain names categories that ICANN
is currently formulating.

Afterwards, Lewis claimed that these measures were necessary to protect
"vulnerable members of the community."

For Lewis' original message, visit
http://www.dnso.org/clubpublic/ga-full/Arc00/msg00090.html

======================================================================
[5] Australia: restrict domain names
======================================================================
The Australian government now supports restrictions on the public's right to
register domain names.

This position is spearheaded by Australian Communications Minister Richard
Alston, who has previously pushed for national Internet content controls. In
this latest move, Alston wants domain name registrants to provide proof
upfront that they are the company named in their website, before their
applications can be approved. The proposal was ostensibly designed to
prevent fraudulent use of the domain name system, popularly known as
"cyber-squatting".

For further information, see "Australia supports global cyber-squatting
regulations", ABC News (Australia), Jan. 31, 2000, at
http://www.abc.net.au/news/newslink/nat/newsnat-31jan2000-47.htm

======================================================================
[6] Africa Online expands
======================================================================
More Africans have access to the Internet than ever before, in part due to
the efforts of the other AOL--Africa Online.

Africa Online was originally founded by several graduates of the
Massachusetts Institute of Technology (MIT). The company now provides
Internet access to at least half a dozen African nations. Recently, the firm
bought out Net2000, one of the largest Internet service providers in Kenya.
Africa Online executives are now hoping to expand their coverage through
deregulation and the development of new E-touch centers to provide
centralized communications facilities.

For more details, visit
http://www.hrea.org/lists/huridocs-tech/markup/msg00413.html

Africa Online's homepage is located at:
http://www.africaonline.com

======================================================================
[7] Secret censorship software revelations
======================================================================
Recent events have provided a glimpse at a top secret project which may be
able to censor Internet content.

On December 9-10, 1999, the World Intellectual Property Organization (WIPO)
held a "Workshop on Service Provider Liability" in Geneva, Switzerland.
Among the papers presented was a document that mentioned the German Rights
Protection System (RPS). RPS is a highly secretive software package which is
reportedly capable of filtering out controversial materials from cyberspace.
While few details on RPS have been made publicly available, many observers
fear that this potentially powerful program might be used to stifle free
expression on the Internet.

Reports indicate that RPS is already being field tested. A recent article in
the German publication Telepolis suggests that in spring 2000, German
Internet Service Providers who have border gateway routers may be asked to
install the program, in an effort to stamp out questionable content.

For press coverage of RPS developments(in German), read Christiane
Schulzki-Haddouti, "Dialog mit Hindernissen", Heise Telepolis, Feb. 17,
2000, at
http://www.heise.de/tp/deutsch/inhalt/te/5806/1.html

For more information, visit
http://www.wipo.int/eng/meetings/1999/osp/doc/osp_lia3.doc

A PDF version of this file is available at
ftp://ftp.fitug.de/pub/eu/OSP_LIA3.PDF

See also
http://www.wipo.int/eng/meetings/1999/osp/

======================================================================
[8] Upcoming Internet free expression conference
======================================================================
On February 25, the Electronic Frontier Foundation (EFF--a GILC member),
along with the Berkman Center for Internet & Society, will be sponsoring a
conference entitled "Signal or Noise? The Future of Music on the Net". This
meeting will be held in Cambridge, Massachusetts and will focus on free
expression in cyberspace. The event will include panel discussions,
technological demonstrations, speeches, and even a free concert.

More information on the Berkman event is available at
http://cyber.law.harvard.edu/events/netmusic

======================================================================
[9] Future Euro E-commerce meetings
======================================================================
The French cyberliberties group Imaginons un Reseau Internet Solidaire
(IRIS) will be giving several presentations on e-commerce in the coming
months.

One of these presentations will be given at a meeting of the European
Parliamentarians Internet Group (EPING). EPING was formed recently in order
"to enhance understanding of online technology issues in the Parliament,
with as much cross-party input as possible." On March 1 in Brussels, EPING
will host a discussion entitled "Caching, Monitoring, Hosting, Piracy: Where
are we at?", at which IRIS will give a report designed to further
"solidarity and democracy in Internet policy".

In addition, IRIS will also make a presentation at a March 22 workshop
organized by the European Commission's Joint Research Centre. This
particular report will describe IRIS' experience in mediating international
e-commerce disputes. A likely topic of debate at this gathering will be a
European Parliament draft e-commerce directive regarding consumer
protection. A number of observers fear that the draft directive does not do
enough to protect individual Internet users. In particular, several experts
have suggested that the directive ought to provide better alternative
dispute resolution measures, so that consumers can get their claims resolved
with greater ease.

Details on the March 1 EPING conference can be seen at
http://www.eping.org/agenda.html

Detail on the March 22 Workshop can be seen at :
http://dsa-isis.jrc.it/ADR/

======================================================================
[10] DoubleClick may have tracked 90 million U.S. households
======================================================================
An Internet advertising firm may have violated the privacy of some 90
million American households.

DoubleClick, which provides banner ads to many websites, has admitted to
tracking viewers through the Internet. It apparently places digital
identification numbers in files known as "cookies" on a user's hard drive,
which it matches with name and address information that has been collected
by its partners. Recently, DoubleClick expressed its intention to match this
data with more extensive information contained in millions of files
maintained by its merger partner Abacus Direct. When DoubleClick purchased
Abacus Direct last year, it said it would not engage in this form of
computer matching.

These moves have led to lawsuits and fierce criticism. The Electronic
Privacy Information Center (EPIC--a GILC member) has filed a public
complaint with the United States Federal Trade Commission over DoubleClick's
apparently deceptive practices. Similarly, a California citizen has filed
suit claiming that DoubleClick has violated her privacy. In addition, US law
makers such as Senator Robert Torricelli are now proposing new rules to
restrict the use of cookies to track Internet users.

DoubleClick has since revised its policies so that customers can "opt-out"
of the tracking system. However, many observers, including Marc Rotenberg of
EPIC, believe these latest moves would do very little to protect personal
information concerning individuals in cyberspace.

For more information, see "Privacy: Outrage on the Web", Business Week, Feb.
14, 2000, at
http://www.businessweek.com/2000/00_07/b3668065.htm

EPIC's complaint can be viewed (in PDF format) at
http://www.epic.org/privacy/internet/ftc/DCLK_complaint.pdf

See also Will Rodger, "Privacy bill would control 'cookies'", USAToday.com,
Feb. 10, 2000, at
http://www.usatoday.com/life/cyber/tech/cth319.htm

To read what experts think of DoubleClick's revised policies, see Chris
Oakes, "DoubleClick Plan Falls Short", Wired News, Feb. 14, 2000, at
http://www.wired.com/news/business/0,1367,34337,00.html

======================================================================
[11] E-commerce sites attacked
======================================================================
The hunt for the culprits behind a slew of attacks on
several well-known websites, including Yahoo and eBay, has raised new
concerns about government intrusions into cyberspace.

Investigators currently suspect that the attacks came from the United States
and Germany. These electronic assault waves temporarily disabled Yahoo,
eBay, Buy.com, Amazon, CNN, and other popular places on the Internet. In
response, US President Clinton held a private strategy session with several
top computing executives--a meeting that was closed to the general public.

However, while the search continues for the people who caused these
disruptions, many experts are concerned that these attacks will be used as a
pretext for a variety of unnecessarily intrusive measures. Lou Dobbs, who
has worked as an analyst for CNN in the past, pointed out that "We are still
in the earliest stages of the Internet." He further noted, "For people to
start crying out for more stringent penalties is to begin the invitation to
regulation that is probably something we don't want, certainly not at this
stage." Similarly, James X. Dempsey from the Center for Democracy and
Technology (CDT--a GILC member) was concerned "that the recent attacks will
serve as justification for ... government mandates that will be harmful to
civil liberties and the positive aspects ... of the Internet."

These fears come in light of new software which might empower law
enforcement agents to enter private computers without notice. This program,
known as NetEraser, was developed with the help of the US Central
Intelligence Agency (CIA). It allows government officials to secretly invade
other people's computers by frequent altering the Internet protocol address
of the intruder's machine. While this tool could aid in the search for
cyberattack suspects, some observers fear it may be used to spy on innocent
citizens.

For more press coverage of the search for cyber-vandals, see Jonathan Dube,
"FBI Narrows Hunt for Cyber Attackers, ABCNews.com (US), Feb. 15, 2000, at
http://abcnews.go.com/sections/tech/DailyNews/webattacks000215.html

For more of Dobbs' comments, see Steve Kettmann, "Net Regs? A Little
Dobbs'll Do Ya", Wired News, Feb. 14, 2000, at
http://www.wired.com/news/politics/0,1283,34322,00.html

See also John Schwartz, "Crackdown Sought on Net Abuses", Washington Post,
Feb. 14, 2000, page A9, at
http://www.washingtonpost.com/wp-srv/business/feed/a49527-2000feb14.htm

For more on NetEraser, read Barbara Starr, "Spies vs. Hackers", ABCNews.com
(US), Feb. 16, 2000, at
http://abcnews.go.com/sections/tech/DailyNews/CIAVC000216.html

======================================================================
[12] EU members resume ECHELON debate
======================================================================
New efforts are being made to bring a super-secret spying network out into
the open.

These moves are centered around ECHELON, a highly classified system designed
to intercept communications from around the world. ECHELON is reportedly
operated by the US National Security Agency (NSA), in conjunction with
several other intelligence agencies, including Great Britain's Government
Communications Headquarters (GCHQ), and Australia's Defence Signals
Directorate (DSD). According to experts, ECHELON is capable of intercepting
e-mail messages, faxes, telephone conversations.

On February 23, the Civil Liberties Committee of the European Parliament is
scheduled to discuss a new report which documents some of ECHELON's
activities. This report, known as "Intelligence Capabilities 2000", was
written by Duncan Campbell, a Scottish investigative journalist. It
describes in great detail how ECHELON captures satellite feeds, Internet
data packets, and undersea cable transmissions through a variety of
elaborate methods.

The meeting is expected to draw a number of interested parties, including
representatives from the electronic publication Quintessenz (a GILC member).

Press coverage is available from Adam Sage, "French to sue US and Britain
over network of spies", The Times (UK), Feb. 10, 2000, at
http://www.the-times.co.uk/news/pages/tim/2000/02/10/timfgneur01007.html?999

Read "Intelligence Capabilities 2000" by clicking
http://www.echelonwatch.org

======================================================================
[13] New British surveillance scheme
======================================================================
New British proposals to expand government surveillance powers have met a
firestorm of controversy.

Among other things, the Regulation of Investigatory Powers Bill would punish
individuals for failing to provide encryption keys to law enforcement
agents. Violators face up to two years in prison and heavy fines. The bill
would also require defendants to prove their innocence through a complicated
scheme, whereby the accused must essentially show "that the key was not in
his possession", "that it was not reasonably practicable for him to make a
disclosure of the key", "that as soon after that time as it was reasonably
practicable for him to make a disclosure of the key", and so on.

Many observers wonder whether the measure will curb personal privacy in
cyberspace. Caspar Bowden from the Foundation for Information Policy
Research (FIPR) warned that the bill "could make a criminal out of anyone
who uses encryption to protect their privacy on the internet". In
particular, he worried that the burden of proof might lead to the wrongful
conviction of people who, in good faith, and had lost or misplaced their
encryption keys.

A copy of the bill can be seen at
http://www.publications.parliament.uk/pa/cm199900/cmbills/064/00064--j.htm#4
9

More press coverage can be seen at "Surveillance bill under fire", BBC News,
Feb. 10, 2000
http://news.bbc.co.uk/hi/english/sci/tech/newsid_638000/638041.stm

Visit FIPR's homepage at
http://www.fipr.org

======================================================================
[14] Russian gov't expands Net tapping
======================================================================
Moscow is broadening its surveillance powers over the Internet.

Russia's Federal Security Service (Federal'naya sluzhba bezopasnosti, or
FSB) had previously developed technology to monitor Internet transmissions
coming in and out of Russia. However, Russian President Vladimir Putin has
now authorized several other government agencies to use the same systems.
The list of agencies includes tax bureaus and the interior ministry police.

These moves have instilled fear in many Russian citizens. The origins of FSB
came from the KGB, and under regulations such as SORM (System for Ensuring
Investigated Activity), FSB has broad powers to conduct intelligence
operations both inside and outside Russia. Boris Pustintsev of Citizens'
Watch described the new measure as "the end of all email privacy."

For more information, see Jen Tracy, "New KGB Takes Internet by SORM",
Mother Jones News, Feb. 4, 2000, at
http://www.motherjones.com/news_wire/sorm.html

======================================================================
[15] Italy mediates data privacy dispute
======================================================================
The fight between the United States and the EU over data privacy standards
may yet reach a peaceful resolution.

The Italian government's chief privacy officer, Stefano Rodota, is pushing
for a settlement. He proposed a system of contractual agreements between EU
and US business entities as a potential solution. He noted that such a
procedure to protect privacy would be best for both sides, particularly from
a political perspective.

The two factions are hoping to have a standardized privacy protection scheme
worked out by March.

Further details are available under "Italy Urges Truce in US-EU Data Privacy
Battle", Newsbytes, Feb. 9, 2000, at
http://www.cnnfn.com/news/technology/newsbytes/143575.html

======================================================================
[16] Renewed push for ENFOPOL
======================================================================
European officials continue to debate plans for a massive European
surveillance network.

This network, known as ENFOPOL, would be built by EU member nations.
However, there is considerable disagreement among the various countries
concerned as to legality and extent of such systems. Furthermore, a panel of
the European Parliament has moved to delete provisions of a draft convention
on mutual assistance in Criminal Matters. The Committee on Citizens'
Freedoms and Rights, Justice and Home Affairs is seeking the removal of
article 18, which would allow EU members to conduct surveillance in another
EU country without that other country's technical assistance.

For more coverage of the European Parliament's actions, see Jelle van
Buuren, "European Parliament Rejects Bordercrossing Interception of
Telecommunication", Heise Telepolis, Feb. 15, 2000, at
http://www.heise.de/tp/english/special/enfo/5793/1.html

======================================================================
[17] Report: data insecurity hurts e-commerce
======================================================================
According to a recent report, public fears about the security of web sites
have scared away many potential e-customers.

The Travel Industry Association of America (TIAA) estimated that nearly 52.2
million people got information off the Internet about such things as
airfares, car rentals, and so on. However, only 32 percent of these visitors
actually made reservations through the so-called "Information Superhighway".
A TIAA spokesperson further noted one of the most prevalent concerns about
online bookings was the potential for credit card fraud.

Additional details are available under John Poirier, "Privacy fears deter
e-travel bookings", Reuters, Feb. 9, 2000, at
http://www.zdnet.com/filters/printerfriendly/0,6061,2435198-2,00.html

======================================================================
[18] Study: E-firms want money more than privacy
======================================================================
A new study suggests many dot-coms care more about making money than they do
about protecting the privacy of their customers.

Deloitte & Touche LLP, a major consulting firm based in the United States,
has published a paper entitled "E-Commerce Security: A Global Status
Report". In the report, researchers culled the opinions of information
systems experts and auditors throughout the globe. They found that most of
the people who answered the survey were far more concerned with
profitability than any other aspect of e-commerce. Indeed, a spokesperson
for Deloitte & Touche noted that many respondents didn't care much for trust
or customer service, but simply wanted "the killer app".

This paper was the culmination of a six-month effort, and was the first in a
four-part plan to help companies improve their online privacy standards.

More information is available from Sherman Fridman, "Profits More Important
Than Security", Newsbytes, Feb. 7, 2000, at
http://www.currents.net/newstoday/00/02/07/news1.html

======================================================================
[19] New software "shredder" for old e-mail
======================================================================
Want more e-mail privacy? One company has a possible solution.

Disappearing Inc. has demonstrated a new program which, in the words of a
spokesperson, makes "all copies of an email message self-destruct after a
certain length of time". The time delay can be adjusted by the user. The
software maker, which hopes to ship their product in a month or so, believes
such measures would be particularly useful in the corporate environment,
helping to prevent unnecessary disclosure. These fears were highlighted in a
recent lawsuit by the United States Department of Justice against Microsoft,
where internal corporate e-mail messages were introduced into evidence
against the wishes of Microsoft's attorneys.

Further details can be seen under "Email's Vanishing Act", Wired News, Feb.
7, 2000, at
http://www.wired.com/news/print/0,1294,34171,00.html

==========================================================
	ABOUT THE GILC NEWS ALERT:
==========================================================

The GILC News Alert is the newsletter of the Global Internet Liberty
Campaign, an international coalition of organizations working to protect and
enhance online civil liberties and human rights.  Organizations are invited
to join GILC by contacting us at gilc@gilc.org. To alert members about
threats to cyber liberties, please contact members from your country or send
a message to the general GILC address.

To submit information about upcoming events, new activist tools and news
stories, contact:  Christopher Chiu, GILC Coordinator, American Civil
Liberties Union, 125 Broad Street, 17th
Floor, New York, New York 10004  USA.  email: cchiu@aclu.org

More information about GILC members and news is available at
<http://www.gilc.org/>. You may re-print or redistribute the GILC NEWS ALERT
freely.  To subscribe to the alert, please send an mail to
<gilc-announce@gilc.org> with the following message in the body:   subscribe
gilc-announce

========================================================
PUBLICATION OF THIS NEWSLETTER IS MADE POSSIBLE BY A
GRANT FROM THE OPEN SOCIETY INSTITUTE (OSI)
========================================================


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