GILC Alert, Volume 8, Issue 4 (7 May 2004)



GILC Alert
Volume 8, Issue 4
7 May 2004

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] Jailed Vietnamese Net dissident on hunger strike
[2] Controversial French digital economy bill in final phases
[3] Shanghai cybercafe users face further restrictions
[4] Net journalists detained in the Maldives
[5] RIAA launches a further round of file-sharer lawsuits
[6] Vietnam website blocking broader than previously thought
[7] New Canadian copyright proposal might stifle Net speech
[8] Google feature blocks many non-controversial websites
[9] Japanese gov't plans crippling of digital TV
[10] North Korean protestors start Internet radio service
[11] New joint initiative to defend cyberliberties

Privacy
[12] European Union considers new data retention plan
[13] Continued controversy over Google Gmail privacy flaws
[14] Spyware problems may lead more U.S. legislation
[15] Debate over U.S. spy-friendly Net tapping rules heats up
[16] Microsoft belatedly releases several new security patches
[17] Serious security flaw in vital Internet protocol system
[18] Studies indicate Internet privacy awareness lags
[19] U.S. Big Brother Awards for 2004 handed out
[20] EFF Pioneer Awards winners announced

===================================================================
[1] Jailed Vietnamese Net dissident on hunger strike 
===================================================================
A Vietnamese journalist has started a hunger strike to protest his 
continued detainment in connection with his online speech activities.

Nguyen Vu Binh had, among other things, written a number of articles 
regarding political and economic reforms in the Southeast Asian nation, 
including "Thoughts on the Sino-Vietnamese border agreements"-an essay that 
savaged a 5 year old treaty between China and Vietnam. He was then 
arrested, convicted of espionage and sentenced to seven years in jail, plus 
three years of house arrest. Earlier this week, an appeals panel held a 
hearing that lasted less than two hours and confirmed the earlier sentence. 
Upon hearing the appeals verdict, Vu Binh roared: "To me, either freedom or 
death. If the authorities won't release me, I will start my hunger strike 
now." He began his hunger strike shortly after the judicial proceedings 
ended. He remains behind bars in a prison located in the capital, Hanoi; 
few details are available as to his current condition.

Not surprisingly, a number of free speech groups have criticized the 
Vietnamese government in connection with these developments. In a 
statement, Reporters Sans Frontieres (RSF-a GILC member) disparaged "this 
abusive use of a charge of espionage. What connection can there be between 
posting articles on the Internet, campaigning for human rights and 
espionage? This conviction reminds us that freedom of expression is 
constantly trampled underfoot in Vietnam, on the Internet as in other 
media." The Committee to Protect Journalists (CPJ-a GILC member) has 
expressed similar sentiments.

For further information, visit the CPJ website at
http://www.cpj.org/news/2004/Vietnam06may04na.html

See also the RSF website under
http://www.rsf.org/article.php3?id_article=10293

===================================================================
[2] Controversial French digital economy bill in final phases
===================================================================
French legislators may soon give final approval to a proposal that critics 
say could have a detrimental impact on cyberliberties.

The French digital economy bill (known as le projet de loi sur la confiance 
dans l'économie numérique or LEN), which is supposed to help France comply 
with a June 2000 European Union (EU) directive, includes language that 
would make Internet service providers liable for content on websites that 
they host. Among other things, they would have to "act promptly" to take 
down material "after becoming aware of their unlawful nature" or face legal 
retribution-a process that currently requires judicial approval. The bill 
also essentially eliminates the doctrine that email should be treated as 
"private correspondence," creating the possibility that such messages could 
be intercepted more easily by third parties. Over the past several months, 
the French National Assembly and Senate have each adopted versions of the 
bill. Earlier this week, the Assembly approved a revised draft that 
resolves the differences between the two versions; a Senate vote on this 
revised version is expected to take place next week (13 May).

Many groups remain staunchly opposed to the bill. Reporters Sans Frontieres 
(RSF-a GILC member), along with several other organizations, has requested 
meetings with top French government ministers to voice their concerns about 
LEN. In a letter to Nicolas Sarkozy, the French Minister of Economy, 
Finance and Industry, the organizations noted that, despite various 
amendments, "the main problem posed by this bill is unchanged. It makes 
Internet hosts responsible for censoring web content in the absence of any 
judicial role." Opposing this provision as well as three others in the 
draft law, Imaginons un Reseau Internet Solidaire (IRIS-a GILC member), in 
a joint action with the French Human Rights League (LDH), filed papers 
(including a detailed brief) asking the French parliamentary opposition to 
submit the proposal to the French Constitutional Council for further 
review. These demands were buttressed by a strong anti-LEN petition drive 
launched by the two groups that has garnered over 13 000 individual and 260 
organizational signatories. In response to these efforts, Socialist members 
of parliament announced on 6 May that they would indeed forward the 
proposal on to the Council.

To read an IRIS and LDH joint open letter to the Socialists regarding LEN, 
click
http://www.ldh-france.org/actu_derniereheure.cfm?idactu=822

For further information, see
http://www.iris.sgdg.org/actions/len/

Visit the RSF website at
http://www.rsf.org/article.php3?id_article=9751

See also
http://www.droit-technologie.org/1_2.asp?actu_id=917

Read Estelle Dumout, "L'Assemblee nationale valide le texte de compromis 
sur la LCEN," ZDNet France, 6 May 2004 at
http://zdnet.fr/actualites/internet/0,39020774,39151706,00.htm

===================================================================
[3] Shanghai cybercafe users face further restrictions
===================================================================
Internet users in Shanghai will soon have to overcome still more hurdles in 
order to go online.

For years, people who wished to use cybercafes in China's largest city have 
had to face numerous constraints, including software that blocked access to 
various websites deemed taboo by Chinese authorities. Now Shanghai 
government officials have started implementing further restrictions. Among 
other things, special software is being installed on Shanghai cybercafe 
computers that requires customers to provide their identity numbers (or 
passport numbers, if they are foreigners) when they login. The software 
also will notify the authorities if a given user visits certain places on 
the Information Superhighway that are banned by the government, such as 
websites that provide information about the banned Falun Gong spiritual 
movement. Finally, state officials have placed surveillance cameras in 
Internet cafes, presumably to help officials track down and arrest 
violators. The Shanghai rollout of this scheme is meant as a test that, 
depending on the results, could lead to implementation of similar controls 
in communities all across the Land of the Dragon.

These developments came as public concern continues to mount over the 
plight of a noted Chinese Internet dissident. Yang Jianli, the editor of 
ChinaEWeekly.com, was arrested two years ago while conducting an 
investigation of worker strikes in the northeastern part of the country. He 
remains in detention despite the fact that has yet to be convicted (much 
less sentenced) for any crime. Reports indicate he has been placed in 
solitary confinement, denied access to a lawyer, and been handcuffed for 
weeks at a time.

These and other efforts by Chinese government agents to censor criticism 
have led to an astonishingly sharp rebuke from a noted scholar. Jiao 
Guobiao, a Beijing University journalism professor, lashed out at Chinese 
government censors in an essay that has been widely circulated via the 
Information Superhighway. Among other things, he called censorship orders 
by Chinese officials "totally groundless, absolutely arbitrary, at odds 
with the basic standards of civilisation, and as counter to scientific 
common sense as witches and wizardry. They take money from the parties 
referred to in reports. They distort the media's sense of right and wrong 
and justice. They are killing the constitution." Not surprisingly, Chinese 
authorities have now banned the essay.

Read "China's censorship machine endures," Taipei Times, 4 May 2004 at
http://www.asiamedia.ucla.edu/article.asp?parentid=10890

See Jonathan Watts, "Chinese professor attacks state censors," The Guardian 
(UK), 4 May 2004 at
http://www.guardian.co.uk/china/story/0,7369,1208925,00.html

For more on the Yang Jianli case, visit the Reporters Sans Frontieres 
(RSF-a GILC member) website at
http://www.rsf.org/article.php3?id_article=9937

Read Bill Savadove, "New system to monitor Net surfing," South China 
Morning Post, 29 April 2004 at
http://www.asiamedia.ucla.edu/article.asp?parentid=10742

See "Shanghai cameras spy on web users," BBC News Online, 22 April 2004 at
http://news.bbc.co.uk/1/hi/world/asia-pacific/3648813.stm

See also "Shanghai cracks down on internet cafes," Associated Press, 22 
April 2004 at
http://www.guardian.co.uk/online/news/0,12597,1200862,00.html

===================================================================
[4] Net journalists detained in the Maldives
===================================================================
Freedom of expression advocates have expressed concern over the continued 
detention of three people who were involved with producing an online newspaper.

Ahmed Didi, Ibrahim Luthfee and Mohamed Zaki founded and worked on 
Sandhaanu, an independent online publication in the Maldives that included 
criticism of the government regarding various political issues. They were 
arrested along with their secretary, Fathimath Nisreen, nearly two years 
ago and charged with treason, defamation, and incitement to violence. In a 
three day trial, and after their requests for legal representation were 
denied, they were convicted of defamation; Didi, Luthfee, and Zaki were 
sentenced to life imprisonment and one year of banishment, while Nisreen 
received a 10-year prison sentence plus one year of banishment. Luthfee 
escaped in May 2003, but the others remain behind bars. Though President 
Maumoon Abdul Gayoom reduced their sentences as part of a prison reform 
measure, reports indicate their conditions remain dire. Didi and Zaki have 
placed in solitary confinement, and the authorities have rejected pleas 
from doctors for Didi's early release in order to undergo much-needed heart 
bypass surgery. While Nisreen was technically released from prison last 
December, she has since been confined to Feeali Island, which is just south 
of the South Asian nation's capital, Male.

Free speech groups have deplored the situation. In a letter to the 
country's president, Maumoon Abdul Gayoom, the Committee to Protect 
Journalists (CPJ-a GILC member) condemned the continued detention of the 
three journalists and called for their immediate release. Among other 
things, CPJ questioned the legality of the government's actions, noting 
that "the Maldives' constitution protects its citizens' right to 'express 
his conscience and thoughts orally or in writing or by other means.'"

To read the CPJ letter, click
http://www.cpj.org/protests/04ltrs/Maldives28apr04pl.html



===================================================================
[5] RIAA launches a further round of file-sharer lawsuits
===================================================================
A major recording industry trade group has sued still more Internet users 
over their alleged file-sharing activities.

The Recording Industry Association of America (RIAA) has launched yet 
another wave of lawsuits against Internet users who it claims have engaged 
in copyright infringement by sharing music files online. As with previous 
waves, the RIAA mentioned its targets by their supposed IP addresses, and 
is trying to discover the true identities of the people it sued. In total, 
the Association has sued 2454 alleged file-sharers in the U.S. over the 
past year. The RIAA's efforts have encountered staunch opposition from 
various groups, including GILC members the American Civil Liberties Union 
and EFF as well as Public Citizen. Responding to this latest round of legal 
battles, Fred von Lohmann from the Electronic Frontier Foundation (EFF-a 
GILC member) chided the RIAA, saying: "The lawsuits against students and 
individuals are not working and we hope the record industry will come to 
its senses and arrive at a new strategy."

In addition, several entertainment companies have developed a new spy 
system to hunt down people who share copyrighted files along the 
Information Superhighway. The Automatic Copyright Notice System (ACNS) is 
installed by Internet service providers and is supposed to automatically 
cut off online access to alleged file-sharers. ACNS apparently also sends 
notices of ostensibly illegal behavior to targeted individuals and can keep 
the access restrictions in place until those individuals delete various 
downloaded files. The University of California at Los Angeles is currently 
testing ACNS on its computers. EFF's von Lohmann questioned whether the 
system will actually be effective: "Whether it's an opening gambit for the 
recording industry to try to tell universities how to design their computer 
systems, we'll have to wait and see. The trouble I have with this, there 
will be countermeasures, and who is going to absorb costs to constantly 
modify this system to make it work? Do universities really want to be drawn 
into the arms race?"

See "US sues 477 more 'song-swappers,'" BBC News Online, 29 April 2004 at
http://news.bbc.co.uk/1/hi/entertainment/music/3668989.stm

Read "RIAA Sues 477 More People," Associated Press, 28 April 2004 at
http://wired.com/news/print/0,1294,63263,00.html

See also John Borland, "RIAA files new round of file-swapping suits," CNET 
News, 28 April 2004 at
http://zdnet.com.com/2100-1104-5201637.html

Read "UCLA becomes Hollywood enforcer," P2Pnet.net News, 29 April 2004 at
http://p2pnet.net/story/1327

See Stefanie Olsen, "Hollywood's new lesson for campus file swappers," CNET 
News, 19 April 2004 at
http://news.com.com/2102-1027_3-5194341.html

===================================================================
[6] Vietnam website blocking broader than previously thought
===================================================================
Free speech groups are expressing alarm over the extent to which the 
Vietnamese government censors online materials, based on new research.

For years, Vietnamese authorities have blocked their citizens from 
accessing various parts of cyberspace, especially online materials 
regarding political speech or human rights. Last week, investigators from 
the OpenNet Institute (see item [11] below) found that this blocking system 
was far more extensive than previously thought. For example, the list of 
affected webpages includes the website of the International Freedom of 
Expression Exchange, which is managed by Canadian Journalists for Free 
Expression (CJFE-a GILC member) and includes an extensive collection of 
materials regarding free speech issues, including online censorship.

Ironically, these revelations came around the time of World Press Freedom 
Day, which took place on 3 May. CJFE Chair Arnold Amber complained: "While 
much of the world is celebrating the importance of free expression, 
Internet users in Vietnam can't find out what's going on outside their 
borders because of government filtering. ... CJFE urges the Vietnamese 
authorities to remove their filters immediately."

Additional information is available via 
http://ifex.org/en/content/view/full/58616/?PHPSESSID=f7296c07af4c0ca528b03c4332d9eeda

===================================================================
[7] New Canadian copyright proposal might stifle Net speech
===================================================================
Free speech experts are worried about a legislative effort to abrogate a 
Canadian court decision that upheld the legality of sharing music files via 
the Internet.

The Canadian Heritage and Industry Ministries will soon meet to draft an 
amendment to the country's copyright act that would make file sharing 
illegal. The amendment is a response to a recent decision by Canadian judge 
Konrad von Finckenstein, who rejected a Canadian Recording Industry 
Association (CRIA) request to identify 29 Internet users who it claimed had 
engaged in illegal sharing of copyrighted files. Von Finckenstein instead 
held that "[d]ownloading a song for personal use does not amount to 
infringement." The draft amendment may come very soon; Heritage Minister 
Helene Scherrer has stated that her agency "will make it a priority so it 
is done as quickly as possible."

Not surprisingly, freedom of expression advocates deplored the prospect of 
a new anti-file sharing bill. Howard Knopf of the Canadian Internet Policy 
and Public Internet Clinic severely criticized the Minister Scherrer's 
stance: "It strikes me that the minister's first job is to defend the 
interests of the public and not the music industry. It's a 
multibillion-dollar industry and hardly needs assistance."

See Keith Damsell, "Minister vows to fight music file swapping," The Globe 
and Mail (CA), 13 April 2004, page B5 at
http://www.theglobeandmail.com/servlet/ArticleNews/TPStory/LAC/20040413/RMUSI13/TPBusiness/Canadian

To read the text of the Canadian court decision (in PDF format), click
http://www.fct-cf.gc.ca/bulletins/whatsnew/T-292-04.pdf

===================================================================
[8] Google feature blocks many non-controversial websites
===================================================================
A special feature provided world's most popular Internet search engine is 
apparently preventing users from reaching many non-controversial webpages.

A CNET News investigation has revealed that Google's SafeSearch program has 
a tendency to block access to websites whose addresses contain certain 
strings of characters (such as "sex") without regard to context. One 
example is PartsExpress.com, which sells spare parts for electronic 
audiovisual equipment. Another victim of SafeSearch's blocking is 
ALittleGirlsBoutique.com, an e-tailer that markets children's clothing, 
hats, shoes and accessories. These mistakes come despite Google's 
assertions that SafeSearch only denies access to websites "containing 
pornography and explicit sexual content." Indeed, when asked about this 
issue, Matt Cutts, who developed SafeSearch, admitted that the program does 
not check the context of the affected websites and that it tends censor out 
innocent websites.

Cyberliberties experts were not surprised by this research, noting that the 
problems posed by Internet blocking software have been known for years. 
Karen Schneider, the proprietor of the Librarian's Index to the Internet, 
called SafeSearch "certainly evocative of the very primitive 
CyberSitter-type tools of the mid-1990s." Representatives from several of 
the blocked sites have complained about Google's techniques; Gareth 
Roelofse from RomansInSussex.co.uk noted that this censor system has been 
"a challenge" to his organization "because its target audience is school 
children."

Read Declan McCullagh, "Google's chastity belt too tight," CNET News, 23 
April 2004 at
http://news.com.com/2102-1032_3-5198125.html

===================================================================
[9] Japanese gov't plans crippling of digital TV
===================================================================
Several prominent Japanese media groups have decided to adopt a new system 
that may restrict the right of consumers to enjoy digital television 
broadcasts and the Information Superhighway.

The Japanese National Association of Commercial Broadcasters as well as 
Japanese state television (NHK) have begun implementing measures to prevent 
people from making copies of digitally televised programs. Under this 
scheme, special copy-protection signals will be mixed into digital 
television transmissions. Consumers will have to pick up special B-CAS 
decoder cards and insert them into their respective television sets in 
order to watch digital TV programs. The system will be applied programs 
broadcast via terrestrial channels as well as satellite signals.

These moves have already generated a flood of consumer complaints. At least 
20 000 people have called their broadcasters about the scheme; about 25% of 
these callers have reported that they have lost their B-CAS cards. A number 
of consumer electronics companies are also grumbling about the copy 
protection system, which they fear will lead to reduced sales. Moreover, 
questions remain as to whether the system will have a detrimental impact on 
digital free speech.

See "NHK, TV broadcasters to block digital copying," Japan Times, 2 April 
2004 at
http://www.asiamedia.ucla.edu/article.asp?parentid=9738

Read "TV broadcasters to enhance digital program copy control," Japan 
Today, 1 April 2004 at
http://www.japantoday.com/e/?content=news&cat=4&id=293524

===================================================================
[10] North Korean protestors start Internet radio service
===================================================================
Several people who have defected from North Korea have begun an online 
radio service to agitate for democracy in their former homeland.

Free North Korea Broadcasting was created by 20 North Korean exiles. Its 
daily broadcasts are available via the Information Superhighway and include 
a variety of programs, including open discussions of human rights issues in 
the East Asian nation, political dialogues and stories about refugees' 
experiences. The group's president and chief writer, Kim Sung-min, 
explained: "Our program aims to help North Koreans know better about their 
actual situation and to let the rest of world know about the reality of the 
North Korean government. [Our aim is also] to finally lead the nation to 
become a democratic nation like South Korea." However, there are concerns 
as to whether the target audience will actually be able to listen to these 
broadcasts, since only a handful of North Koreans have Internet access.

The Free North Korea Broadcasting website is located at
http://www.freenk.net

See Kim Tae-jong, "'Radio Free North Korea' Aims to Promote Democracy in 
North," Korea Times, 25 April 2004 at
http://times.hankooki.com/lpage/nation/200404/kt2004042517271144430.htm

See also "NK defectors launch Internet radio," Korea Times, 20 April 2004 at
http://www.asiamedia.ucla.edu/article.asp?parentid=10469

===================================================================
[11] New joint initiative to defend cyberliberties
===================================================================
A recently launched initiative may help protect civil liberties online.

OpenNet Initiative (ONI) is a collaborate effort by three different 
academic institutions: the Advanced Network Research Group at Cambridge 
University, Harvard University's Berkman Center for Internet & Society and 
Citizen Lab, which is based at the University of Toronto. As explained by 
one participant, ONI is meant to "fuse cutting-edge intelligence-derived 
techniques with a networked model of analysis that includes some of the 
brightest minds in this field - we are striving to become the eyes and ears 
on digital censorship worldwide." ONI is currently in the process of doing 
several research projects, including case studies on Internet free speech 
restrictions as well as techniques to circumvent such restrictions.

The official ONI website is located at
http://www.opennetinitiative.net/

See Clark Boyd, "'Net ninjas' take on web censorship," BBC News Online, 18 
April 2004 at
http://news.bbc.co.uk/1/hi/technology/3632757.stm

===================================================================
[12] European Union considers new data retention plan
===================================================================
Privacy experts have voiced concern over a proposal submitted to the 
European Union that would require the retention of customer communications 
data.

The United Kingdom, France, Ireland and Sweden are urging the European 
Union (EU) to adopt a Draft Framework Decision on this issue. If 
implemented, telecommunications companies would have to keep customer 
traffic and location data for 1-3 years (or even longer depending "upon 
national criteria") and allow law enforcement agents to access this data. 
The draft is written broadly to include data generated by a number of 
different systems, such as communications carried through "Internet 
Protocols including Email, Voice over Internet Protocols, world wide web, 
file transfer protocols, network transfer protocols, hyper text transfer 
protocols, voice over broadband and subsets of Internet Protocols numbers - 
network address translation data." The plan also includes language that 
covers other technologies such as "Short Message Services, Electronic Media 
Services and Multi Media Messaging Services" as well as "[f]uture 
technological developments that facilitate the transmission of 
communications." Signatories would have to comply with the Framework 
Decision "within two years following the date of adoption."

The draft has already drawn criticism from cyberliberties groups. Ben Hayes 
from Statewatch (a GILC member) suggested that the proposal was deeply 
misguided: "What is needed is good intelligence on specific threats, rather 
than mass surveillance of everyone, generating more data than can usefully 
be analyzed. ... This proposal is disproportionate, unnecessary and has no 
place in a democracy."

The Draft Framework Decision is available (in PDF format) at
http://register.consilium.eu.int/pdf/en/04/st08/st08958.en04.pdf

A Statewatch analysis of the Draft Framework Decision is posted under
http://www.statewatch.org/news/2004/apr/21dataretention.htm

===================================================================
[13] Continued controversy over Google Gmail privacy flaws
===================================================================
Concern continues to grow over the privacy implications of a 
recently-launched webmail service.

Gmail is provided by Internet search engine giant Google. Among other 
things, as described in the official Gmail privacy policy, Google computers 
automatically scan through emails sent or received by Gmail customers, then 
uses the collected information to serve text ads or other "related 
information in Google's extensive database. ...  Advertisers receive a 
record of the total number of impressions and clicks for each ad." 
Moreover, under the terms of this policy, Google may send information 
regarding "other Google services" to Gmail users, and those customers "will 
not be given the opportunity to opt-out of receiving" such messages. The 
policy also mentions that "residual copies of email may remain on our 
systems, even after you have deleted them from your mailbox or after the 
termination of your account."

The rollout of Gmail prompted a firestorm of criticism from privacy 
advocates. In a Freedom of Information Act (FOIA) request, the Electronic 
Privacy Information Center (EPIC-a GILC member) compared Gmail's scanning 
abilities to the much-maligned United States government Total Information 
Awareness program as well as the Internet spy tool developed by the U.S. 
Federal Bureau of Investigations (FBI) previously known as Carnivore. EPIC, 
along with the Privacy Rights Clearinghouse and World Privacy Forum, also 
sent a letter to California state attorney general Bill Lockyer charging 
that Gmail may violate local wiretapping laws. Privacy International (a 
GILC member) has filed a slew of complaints on this subject with government 
regulators in 16 countries as well as the European Commission and the 
European Union (EU) Article 29 Data Protection Working Group.

In the meantime, a local legislator in the United States has introduced a 
bill designed to protect the privacy of webmail users. Sponsored by 
California state senator Liz Figueroa, the proposal generally bars 
providers of "e-mail or instant messaging services to California customers" 
from reviewing, examining, or otherwise evaluating "the content of a 
customer's outgoing or incoming e-mail or instant messages." The bill 
contains several exceptions, such as (1) instances where the relevant 
"subscriber has consented" to such scanning, (2) court orders or (3) 
filtration of "unsolicited e-mail for removing spam or for managing 
computer viruses or other malicious programs."

The EPIC Gmail FOIA request is posted under
http://www.epic.org/privacy/gmail/foirequest.html

The letter to Bill Lockyer is available at
http://www.epic.org/privacy/gmail/agltr5.3.04.html

See also "Google denies FBI interest in Gmail," CNET News, 30 April 2004 at
http://news.zdnet.co.uk/business/0,39020645,39153367,00.htm

To read the text of the bill, click
http://www.leginfo.ca.gov/pub/bill/sen/sb_1801-1850/sb_1822_bill_20040420_amended_sen.html

Privacy International's Gmail complaint is available (in PDF format) under
http://www.privacyinternational.org/issues/internet/gmail-complaint.pdf

See "Google's Gmail could be blocked," BBC News, 13 April 2004 at
http://news.bbc.co.uk/1/hi/business/3621169.stm

===================================================================
[14] Spyware problems may lead more U.S. legislation
===================================================================
During a recent hearing, Federal lawmakers in the United States signaled 
that they are willing pass anti-spyware legislation that might protect 
Internet privacy.

This concern centers on advertising utilities that are often 
surreptitiously bundled with other downloaded computer programs and can be 
installed with little notice to the user, particularly if the given 
machine's web browser uses low security settings. Once installed, these 
programs track users' Internet surfing habits and display advertisements 
based on this information. For example, one of these programs, Gator, 
watches the terms people enter into the Google search engine and serves up 
ads pursuant to those terms. Gator also targets specific host names and 
even federal government websites for advertising opportunities. Recent 
studies as well as a workshop hosted by the U.S. Federal Trade Commission 
(FTC) have revealed that spyware has become increasingly common. For 
example, a spokesperson from Internet security firm MacAfee mentioned at 
the workshop that his company had detected more than 14 million spyware 
programs by March 2004, up from nearly 2 million last August.

Mounting public concern about these programs led a committee of the U.S. 
House of Representatives to hold a hearing on the subject. During the 
session, many members of Congress rejected arguments industry leaders and 
the FTC to go slow on anti-spyware proposals. Representative Jay Inslee, 
who has introduced a bill to ban spyware, said the FTC's stance was 
"absolutely astounding ... when we have hundreds of thousands of violations 
every day." Indeed, committee chairman Joe Barton chided one FTC official 
by calling him "the only person in this country that wants spyware on their 
computer." In addition to Inslee's proposal, there are at least two other 
anti-spyware bills that have submitted to Congress and a brand new state 
anti-spyware law in Utah.

Read Matthew Daly, "House probes spyware/computer software to collect 
personal data," Associated Press, 29 April 2004 at
http://www.sfgate.com/cgi-bin/article.cgi?f=/news/archive/2004/04/29/financial1736EDT0363.DTL

See also Declan McCullagh, "FTC officials blast spyware measures," CNET 
News, 29 April 2004 at
http://news.com.com/2100-1023_3-5202016.html

Read "Spying software watches you work," BBC News Online, 29 April 2004 at
http://news.bbc.co.uk/1/hi/technology/3669213.stm

See "PCs 'infested' with spy programs," BBC News Online, 16 April 2004 at
http://news.bbc.co.uk/1/hi/technology/3633167.stm

See also Declan McCullagh, "Few solutions pop up at FTC adware workshop," 
CNET News, 19 April 2004 at
http://news.com.com/2100-1028_3-5195222.html

For further information in German (Deutsch), see "Studie: Spyware ist stark 
verbreitet," Heise Online, 16 April 2004 at
http://www.heise.de/newsticker/meldung/46576

Chinese-language coverage is available via
http://www.cyberbees.org/blog/archives/003414.html

===================================================================
[15] Debate over U.S. spy-friendly Net tapping rules heats up
===================================================================
A wide range of groups have called on the United States government not to 
implement new standards to make it easier to spy on broadband networks as 
well as phone calls made over the Internet.

These groups have responded to a recent petition by the U.S. Federal Bureau 
of Investigations (FBI), the U.S. Department of Justice (DOJ) and the U.S. 
Drug Enforcement Administration (DEA) to the Federal Communications 
Commission (FCC). In that joint petition, the FBI, DOJ and DEA urged the 
FCC to rule that the Communications Assistance for Law Enforcement Act 
(CALEA) applies to broadband networks as well as phone calls made via the 
Information Superhighway (including those made using the Voice over IP 
protocol). CALEA generally requires telecom firms to build surveillance 
capabilities into their networks, but exempts information services, most 
notably the Internet. Nevertheless, the FBI, DOJ and DEA called on the 
Commission "to promulgate general rules that provide for the establishment 
of benchmarks and deadlines for CALEA compliance with future CALEA-covered 
technologies and services that are comparable to those requested [in the 
current petition] for CALEA packet-mode compliance." If the FCC were to 
agree to the petitioners' wishes, telecommunications companies would 
essentially have to build spyware into broadband Internet systems as well 
as broadband telephony networks.

Many groups, especially cyberliberties organizations, have expressed 
serious concern over these developments. In comments filed with the FCC, 
the Electronic Privacy Information Center (EPIC-a GILC member) said it 
opposed the DOJ petition "on the ground that it impermissibly seeks to 
extend the narrow, legislatively authorized reach of CALEA from 
telecommunications providers to Voice over IP ... services and broadband 
Internet Service Providers ... . Any such expansion of CALEA's reach, 
should it be deemed necessary, must be effectuated by Congress-not the 
Commission-particularly in light of the unique privacy issues that arise 
when surveillance capabilities are mandated for packet-mode communications. 
Further, DOJ has not demonstrated that the existing CALEA regime is in any 
way inadequate to address its needs." Similar concerns were expressed by a 
number of other GILC member organizations, including the Electronic 
Frontier Foundation, the American Civil Liberties Union and the Center for 
Democracy and Technology.

For a complete archive of comments filed with the FCC, click
http://gullfoss2.fcc.gov/cgi-bin/websql/prod/ecfs/comsrch_v2.hts?ws_mode=retrieve_list&id_proceeding=RM-10865

Read Ben Charny, "Feds asked to hang up on FBI's wiretap proposal," CNET 
News, 13 April 2004 at
http://news.com.com/2102-1034_3-5190685.html

See also Ben Charny, "Pushing to wiretap 'push to talk,'" CNET News, 15 
April 2004 at
http://news.com.com/2102-1039_3-5192653.html

=========================================================================
[16] Microsoft belatedly releases several new security patches
=========================================================================
Microsoft has finally released fixes for 20 security flaws in several of 
its products, just before a new computer bug that took advantage of these 
holes made its appearance.

The software giant made available 4 patches to cover the flaws. Taken 
together, the problems could have allowed attackers to not only take over 
victims' machines, but also spread worms (such as MSBlast) to other 
computers via the Internet. The list of programs affected by these flaws 
read like a laundry list of Microsoft products, including Windows 2003, 
Windows XP, Windows NT, Internet Explorer, Outlook and Outlook Express. 
Some of these problems had apparently been reported to Microsoft months 
ago, but the company held off releasing the fixes until recently, claiming 
that its guarded approach would be more convenient for consumers.

However, the incident, along with several similarly slow security patch 
rollouts over the past year or so, has provoked continued criticism over 
Microsoft's apparently lax efforts to protect its users' personal 
information. Marc Maiffret from eEye Digital Security (which discovered a 
number of the problems that were the subject of the patches) warned: "These 
releases confirm a trend that has been happening with Microsoft security 
lately--that they are willing to leave customers vulnerable for long 
periods of time, all in order to try to bundle security fixes,  which leads 
to the (impression) of having less vulnerabilities. This is completely 
unacceptable."

Indeed, shortly after Microsoft's release of the patches, a new Sasser 
computer bug that exploits one of the aforementioned security problems hit 
numerous machines around the world. Sasser is spread via the Internet but 
does not require users to click an email attachment, as commonly happens 
with many other computer bugs. Among the organizations severely affected by 
Sasser were the Taiwanese postal service, Australian Railcorp trains, the 
British Coastguard, Goldman Sachs, British Airways and Deutsche Post, as 
well as several Hong Kong government agencies.

Read "Sasser Net worm set for long life," BBC News Online, 6 May 2004 at
http://news.bbc.co.uk/1/hi/technology/3689561.stm

See Robert Lemos, "Sasser keeps squirming into homes, businesses," CNET 
News, 4 May 2004 at
http://news.com.com/2102-7349_3-5205815.html

See also "Hunt is on for Sasser worm writer," BBC News, 5 May 2004 at
http://news.bbc.co.uk/1/hi/technology/3687583.stm

For press coverage in Spanish (Espanol), see "Intentan frenar al virus 
Sasser, que afecta a millones de usuarios," Clarin.com, 3 May 2004 at
http://www.clarin.com/diario/2004/05/03/um/m-752943.htm	

Read Robert Lemos, "Microsoft warns of a score of security holes," CNET 
News, 13 April 2004 at
http://news.com.com/2102-7349_3-5190818.html

See "4 New Microsoft Security Patches," Associated Press, 13 April 2004 at
http://www.cbsnews.com/stories/2004/04/02/tech/main609982.shtml

See also Ina Fried, "Microsoft shuffles execs to combat security flaws," 
CNET News, 12 April 2004 at
http://news.com.com/2102-1009_3-5190183.html

===================================================================
[17] Serious security flaw in vital Internet protocol system
===================================================================
Agencies on both sides of the Atlantic have issued warnings regarding a 
security flaw in an important Internet protocol.

The British National Infrastructure Security Coordination Centre and the 
United States Computer Emergency Readiness Team (CERT) have issued warnings 
over a security hole in the Transmission Control Protocol (TCP), a 
fundamental communications protocol that underpins the Internet. The hole 
would allow an attacker to guess the identifiers that are placed on 
Internet data packets with greater ease than previously thought possible. 
Using this knowledge, an attacker could thereby tamper with the packets and 
cause targeted machines to go offline or otherwise cause system outages. It 
is unclear when the problem first appeared; for example, one expert has 
pointed to evidence suggesting that the flaw may have been around since 
1996. Although there are no reports that anyone has tried to exploit this 
problem, numerous Internet service providers have taken precautionary measures.

The CERT warning is posted under
http://www.us-cert.gov/cas/techalerts/TA04-111A.html

Read Michael Kanellos, "Exploit found for Net flaw, but risks remote," CNET 
News, 22 April 2004 at
http://news.com.com/2102-7355_3-5198103.html

See "Hackable bug found in net's heart," BBC News Online, 21 April 2004 at
http://news.bbc.co.uk/1/hi/technology/3646223.stm

Read "Flaw Could Cripple Entire Net," Associated Press, 20 April 2004 at
http://www.wired.com/news/technology/0,1282,63143,00.html

See Sam Varghese, "TCP flaw reporting over the top: researcher," Sydney 
Morning Herald, 22 April 2004 at
http://www.smh.com.au/articles/2004/04/22/1082530277560.html

=========================================================================
[18] Studies indicate Internet privacy awareness lags
=========================================================================
New research suggests that efforts to educate Internet users on how to 
protect their personal information still have very far to go.

The research came in the form of two reports, one of which was commissioned 
by the Infosecurity Europe trade show, while the other was conducted by the 
firm RSA Security. Both of them indicated that many people are very lax as 
to how they handle their personal details online, including passwords. For 
example, the Infosecurity study found that more than 70% of respondents 
would divulge their computer password for a chocolate bar, while another 
34% gave out such information (without a chocolate bar or any other 
compensation) when asked whether their passwords were related to the name 
of a child or pet. Similarly, the RSA Security survey discovered that, 
among other things, a third of the people questioned shared their computer 
passcodes or otherwise wrote them down-a practice frowned upon by many 
privacy advocates.

Many experts hope that these results will at least help galvanize privacy 
education efforts. Tony Neate from the British National Hi-Tech Crime Unit 
warned that cases of identity fraud and other abuses of personal 
information "can only increase if people do not become more aware of their 
responsibilities to protect their virtual identities."

For video and text coverage, see "Passwords revealed by sweet deal," BBC 
News, 20 April 2004 at
http://news.bbc.co.uk/1/hi/technology/3639679.stm

Read Owen Bowcott, "Identity theft could be next big crimewave, warns 
internet firm," The Guardian (UK), 20 April 2004 at
http://www.guardian.co.uk/online/news/0,12597,1195685,00.html

=========================================================================
[19] U.S. Big Brother Awards for 2004 handed out
=========================================================================
Privacy International (PI-a GILC member) recently held its annual United 
States Big Brother Awards ceremony for 2004. These prizes are designed to 
spotlight some of the most serious threats to individual privacy, and were 
handed out at the Computers, Freedom and Privacy (CFP) 2004 Conference. The 
winners included:

*The Multistate Anti-Terrorism Information Exchange (MATRIX) system, which 
received a Perversion of Justice Award for combining "public records and 
private record data from multiple databases with data analysis tools," 
thereby providing "a wealth of personal information in near-real time" to 
law enforcement agents.

*The Transportation Security Administration, which won a Bureaucratic 
Indifference Award "for its operation of the 'No-Fly' list, a database of 
individuals that is distributed to airlines for purposes of stopping or 
searching suspected individuals. The list has been run so poorly that many 
innocent travelers have been stopped, hassled, and searched every time they 
travel."

*Northwest Airlines, which garnered a Blurring the Borders Award for 
passing along three months of passenger data to the U.S. government "for 
use in a data mining and passenger profiling study."

On a positive note, California State Senator Liz Figueroa won a Brandeis 
award for being "one of the most important state leaders on privacy. She 
authored California's medical privacy protections and the state's 
do-not-call telemarketing legislation. In 2003, she was successful in 
passing SB27, a law that requires offline retailers to disclose whether 
they sell customers' personal information to direct marketers and to allow 
individuals to opt-out of the sale. Her current privacy legislation 
includes protections against identity theft, and against the sale of 
children's information for direct marketing purposes."

For further information on the U.S. Big Brother Awards, visit
http://www.privacyinternational.org/bigbrother/us2004/

The official CFP 2004 website is located at
http://www.cfp2004.org

==========================================
[20] EFF Pioneer Awards winners announced
==========================================
Several weeks ago, the Electronic Frontier Foundation (EFF-a GILC member) 
honored its newest Pioneer Awards laureates. These awards are given out 
every year to "individuals who have made significant and influential 
contributions to the development of computer-mediated communications or to 
the empowerment of individuals in using computers and the Internet."

The winners for 2004 are Kim Alexander, David Dill, and Aviel Rubin "for 
spearheading and nurturing the popular movement for integrity and 
transparency in modern elections." Alexander is the president of the 
California Voter Foundation; among other things, she "has led pioneering 
efforts to develop the Internet into an effective tool for voter education 
and campaign finance disclosure in California and beyond." A Professor of 
Computer Science at Stanford University, David Dill founded 
"VerifiedVoting.org to champion transparent and publicly verifiable 
elections," and worked alongside Alexander on a special task force to 
ensure that electronic voting machines in California provided 
voter-verified paper trails. Aviel Rubin is Professor of Computer Science 
and Technical Director of the Information Security Institute at Johns 
Hopkins University; he "led the effort to expose security flaws in Diebold 
computer-based voting systems." In addition, he "co-authored an analysis of 
the government's planned SERVE system for Internet voting for military and 
overseas civilians, which led to the cancellation of that dangerous project."

For additional details about the 2004 Pioneer Awards winners, click
http://www.eff.org/awards/pioneer/2004.php

=========================================================
      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

Or 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.

This edition of the GILC Alert will be found on the World Wide Web under
http://www.gilc.org/alert/alert84.html

and on the Human Rights Education Associates (HREA-a GILC member) website via
http://www.hrea.org/lists/huridocs-tech/markup/maillist.php

To subscribe to the Alert, or to change your subscription options
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========================================================
PUBLICATION OF THIS NEWSLETTER IS MADE POSSIBLE BY A
GRANT FROM THE OPEN SOCIETY INSTITUTE (OSI)
========================================================


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