810 lines
37 KiB
Plaintext
810 lines
37 KiB
Plaintext
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Computer underground Digest Sun, Nov 10, 1991 Volume 3 : Issue 40
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Moderators: Jim Thomas and Gordon Meyer (TK0JUT2@NIU.BITNET)
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CONTENTS, #3.40 ( November 10, 1991)
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File 1: Rhetoric and CuD
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File 2: Re: Comments on J Thomas's Ingraham post in CuD #3.38
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File 3: Response to Ingraham Criticisms
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File 4: Draft of BBS warnings to Law Enforcement Agents
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File 5: CU Bibliography Update
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File 6: Senate Bill 516 : Electronic Privacy in the Workplace
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File 7: Letter from Prison (part 2 of 2)
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File 8: "Password violations helped Hill hacker"
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Issues of CuD can be found in the Usenet alt.society.cu-digest news
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group, on CompuServe in DL0 and DL4 of the IBMBBS SIG, DL1 of LAWSIG,
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and DL0 and DL12 of TELECOM, on Genie, on the PC-EXEC BBS at (414)
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789-4210, and by anonymous ftp from ftp.cs.widener.edu (147.31.254.20),
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chsun1.spc.uchicago.edu, and dagon.acc.stolaf.edu. To use the U. of
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Chicago email server, send mail with the subject "help" (without the
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quotes) to archive-server@chsun1.spc.uchicago.edu.
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COMPUTER UNDERGROUND DIGEST is an open forum dedicated to sharing
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information among computerists and to the presentation and debate of
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diverse views. CuD material may be reprinted as long as the source
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is cited. Some authors do copyright their material, and they should
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be contacted for reprint permission. It is assumed that non-personal
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mail to the moderators may be reprinted unless otherwise specified.
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Readers are encouraged to submit reasoned articles relating to the
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Computer Underground. Articles are preferred to short responses.
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Please avoid quoting previous posts unless absolutely necessary.
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DISCLAIMER: The views represented herein do not necessarily represent
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the views of the moderators. Digest contributors assume all
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responsibility for ensuring that articles submitted do not
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violate copyright protections.
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----------------------------------------------------------------------
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From: Mike Godwin <mnemonic@EFF.ORG>
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Subject: File 1-- Rhetoric and CuD
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Date: Thu, 7 Nov 91 9:39:58 EST
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I notice (in CuD 3.38) that you call those who work with Don Ingraham
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"brownshirts" and compare him to Gacy and Dahmer.
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I think you are correct to be critical of Ingraham's comments about
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Neidorf.
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But I'm concerned with the degradation of discourse that comparisons
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to "brownshirts" and to mass murderers will cause. When you invoke
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Gacy, or Dahmer, or genocidal fascists, you trivialize the deaths they
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caused. You turn their real deaths into metaphorical fodder for your
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own angry postings. Such metaphors suggest, whether you mean to or
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not, that you have no sense of the actual horror caused by those
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people. It cheapens this horror to convert it into an insult.
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I know what your motive was--to express your sense of the viciousness
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of Ingraham's comments--but that doesn't excuse it. The people who
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were killed by Dahmer and Gacy didn't die to provide us with a handy
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metaphor.
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------------------------------
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Date: Thu, 7 Nov 91 14:49 GMT
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From: "Thomas J. Klotzbach" <0003751365@MCIMAIL.COM>
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Subject: File 2-- Re: Comments on J Thomas's Ingraham post in CuD #3.38
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Before I start, I just want to say that I think that the CuD is a
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first-rate publication. Thanks for making it available.
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That said, I was shocked by your article about how Craig Neidorf was
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"massacred" by Don Ingraham on the September 30, 1991 "Geraldo" show.
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I'm sure that the people in law enforcement agencies that subscribe to
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the CuD were real impressed with your outbursts. What does Craig
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Neidorf having yet to receive an apology from various people have to
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do with squat? Do you think you will ever get an apology? Why does
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it matter? The fact is it does not matter. The incidents surrounding
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Craig are well engraved in the minds of people following his situation
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(i.e. the government gaffed). Your dribble about no apology being
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rendered just detracts from the constant, ongoing battle that the
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"Computer Underground" must fight everyday for respect and
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understanding by constant, consistent, and structured means.
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I am equally shocked that Craig Neidorf was expecting a "legitimate
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discussion" with Don Ingraham and equally shocked that you expected
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that also. Are you both ignorant of what media shows like Geraldo do?
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They use shock media as a tool to get the attention of the viewing
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audience that is flipping through channels after a day of work. No
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matter what the staff of the show said, Neidorf should have been
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prepared for a rough, nasty discussion that would digress from the
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real issues at hand. It would have been Craig's job to help steer the
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discussion back on to HIS track. But you and Craig (and I gather many
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people) feel that Craig was bushwhacked. More dribble. He was hurt
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because he failed to adequately control the agenda (and before you
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start to whine about he could not control the agenda, look at any
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Pro-Life/Pro-choice debate on one of these shows - they are real
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pro's).
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Your other comments gave credibility to the "Computer Underground" as
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well:
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"...when Ingraham and his brownshirts try to grab suspects
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equipment..."
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"...he (Geraldo) night have toyed with Ingrahams' hyperbolic analogy
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to rape by alluding to a few other examples of older men who've done
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hatchet jobs on young males. Like John Gacy and Jeffrey Dahmer.
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They, too, felt no need to apologize to their victims."
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My, those statements really are thought provoking aren't they?
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You and all the rest of us have to fight and fight hard to maintain
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credibility. We don't do any favors for the "cause" when we cry foul
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and start to spew commentary in the CuD that makes us look like
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spoiled children. We need to work smart, not work hard! We need to
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stop tilting at windmills and start learning what makes the windmill
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work so that we can change the way it works or change the direction
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the wind blows (if at all). No, it may not be fair and it may not be
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easy, but it is reality.
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------------------------------
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Date: 9 Nov 91 11:29:54 CDT
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From: Jim Thomas <jthomas@well.sf.ca.us>
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Subject: File 3-- Response to Ingraham Criticisms
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The above criticisms of the language of my commentary about prosecutor
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Don Ingraham's treatment of Craig Neidorf on Geraldo's "Mad Hacker"
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segment of _Now it can be Told_ have merit, and I am not in total
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disagreement. Each of the above posts raises several issues that
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deserve a response.
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Both posts suggest that excessive rhetoric reduces the effectiveness
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of criticism of law enforcement agents by de-valuing the currency of
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language and subverting the credibility of those attempting to assure
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that rights in cyberspace are given the same Constitutional
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protections as in other realms of social life. Both posters, while
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supporting the principle of civil liberties, remind us that no all
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sympathizers share the same tactics, perspective, or rhetoric of
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others working toward the same goal. This raises a number of issues,
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but I'll address only a few.
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First is the goal of CuD. We estimate the combined readership of CuD
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(including the mailing list, Usenet, and BBS downloads) to range
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between 16,000-20,000. The readership is diverse, and we try to
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tailor articles to an ambiguous happy medium. As with all co-edited
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outlets, the two CuD co-editors are not always in total accord on
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acceptable levels of stridency. Therefore, articles that are personal
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opinions are written under our own names (rather than "moderators")
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and posted from our private e-mail addresses. As Tom argued above,
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there is a danger that some might see the post of a single individual
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as shared by *all* readers. This would obviously be a gross error,
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and it is crucial that those who disagree recognize that they have the
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obligation to respond, as the above posters have done.
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Second, if the above critics were uncomfortable with my language, it
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is safe to assume that others were also disturbed. This raises the
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issue of readers' responses. Sometimes readers may not respond because
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they are leery of becoming the targets of flames or because they think
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others will respond. Sometimes readers are simply not sure what to
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say. As a forum for debate, we *strongly* encourage readers to be as
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critical of CuD's position and posts as they feel appropriate. Except
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in the most unusual of situations (such as this one), we do not
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respond, but simply print the posts. Even if readers respond with only
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a one-line comment, it provides an idea of where people stand on an
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issue and helps us direct our attention to readers' interests and
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concerns. We cannot print all the comments we receive, and we prefer
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longer, well-reasoned responses for publication. But, we commonly print
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shorter posts, especially when they summarize others' concerns.
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Both co-editors see CuD as a means of raising issues, provoking when
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necessary, and trying to deliver the same message in several different
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ways. Sometimes this takes the form of fairly reasoned commentary. At
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other times, the message may be reflect the tenor of the tone created
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by the target. In this case, the language reflected the tone sent by
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Don Ingraham.
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The use of dramatic terrorist imagery and Ingraham's invocation of the
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metaphor of rape in alluding to computer intruders, coupled with
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Geraldo's sensationalistic style, triggered the metaphors I used in my
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post. I did not seek them; they were created by the show's
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participants and handed to me. I fully agree that the language was
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strident. However, strident language-in-kind strikes me as
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occasionally appropriate to dramatize the images and inaccuracies
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created by--in this case--a nationally known prosecutor who appears
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unaccountable for his own excesses. Sometimes diplomatic discourse
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seems ineffective, and other than short posts criticizing the Geraldo
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show, we have seen no extended commentary that could be published. So,
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I filled what I perceived to be a void.
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Communication needn't be a solemn affair. Occasional violation of the
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norms of good-taste can be a fully legitimate form of response to
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illustrate the base level of discourse in which solemn ideas are
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discussed. Sometimes hyperbole is the best way of saying serious
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things, as long as hyperbole isn't the norm. Do I agree with the
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posts of Mike and Tom? Yes. Do I still justify my original post? I am
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reminded of the response by French philosopher Albert Camus when asked
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how, as a pacifist, he could justify violence against Nazi Invaders:
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"I do not justify it. It is simply necessary."
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------------------------------
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From: hkhenson@CUP.PORTAL.COM
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Subject: File 4-- Draft of BBS warnings to Law Enforcement Agents
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Date: Mon, 28 Oct 91 10:26:22 PST
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((Moderators' note: Keith Henson sent the following draft over for
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comments. The intent of such notes is as much symbolic as instrumental,
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and is targeted especially at local enforcement agents who may be
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unaware of existing laws. Any comments for for revision can be sent
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directly to Keith or back to CuD)).
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In a recent conversation with a person who has a lot of erotic GIF on
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his bbs, I came up with a few legal stumbleing blocks to make the cops
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think twice before they break in and bust up his bbs. Modify the
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numbers as appropriate to fit your bbs if you want to use this.
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In addition, you might want to get signed agreements in advance from
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your users. Such agreements might assign a portion of their minimum
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awards to you to compensate for the hassle, lost time, and busted up
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equipment you can expect in a raid. Whatever agreement terms you come
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up with should be reviewed by a lawyer. You might require users to
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keep a minimum amount of stored email just to invoke the Electronic
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Communication Privacy Act (ECPA).
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Unlike a booby traps, this one should be clearly marked, at least with
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a pointer into this file from the logon screen:
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++++ cut here ++++
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NOTICE TO LAW ENFORCEMENT AGENTS:
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The owners and users of this system are exercising First Amendment
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rights.
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Some material on this system is in preparation for public disemination
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and is "work product material" protected under USC 42, Section 2000aa.
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Note that this is a civil statute. Violation of this statute by law
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enforcement agents is very likely to result in a civil suit. Each and
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every person who has "work product material" stored on this system is
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entitled to recover at least minimum damages of $1000 *plus all legal
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expenses.* Agents may not be protected from personal civil liability
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if they violate this statute.
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In addition, there is email, i.e., "stored electronic communications"
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which has been in storage less than 180 days on this system. Such
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stored electronic communications are protected from seizure or even
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"preventing authorized access" without a warrant specific to each
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person's email. Again, this is protected under civil action in USC
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18, 2704. On this system you can expect up to xxxx people to have
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stored email. Each of them is entitled to collect $1000 *plus all
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legal expenses* for violations. While the agency you work for *might*
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pay your legal fees and judgements against you, why take chances? If
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you feel the need to go after email, or take actions which would deny
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email access to our users, get appropriate warrants.
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It is the policy of the sysop(s) of this system to cooperate with law
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enforcement agents--though we will not be involved in entrapments.
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Please bring it to my (our) attention if you discover illegal
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activities on this board.
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**(End of Keith Henson's post)
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((Moderators' note: PC-Exec in Milwaukee has an X-rated GIF section,
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and sysop Bob Mahoney has resolved the access problem with the
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following post received when one attempts to access the section
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prior to registering)):
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C O L L E C T I O N S E L E C T I O N >>Full Access Paid Caller<<
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OK? Collection Description
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--- ---------------------------------------------------------
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<A> DUC Mahoney MS-DOS Collection
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<B> D !FREE TO ALL CALLERS- LISTS OF FILES FOR DOWNLOAD!
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<C> D !FREE TO ALL CALLERS- UTILITIES AND VARIETY!
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<D> D PC-SIG California Collection
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<E> DUC MS Windows
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<F> DUC OS/2
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<G> DU UNIX / XENIX
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<H> DUC Adult Pictures & Files, rated PG or higher
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<I> DUC Picture files (.GIF .MAC .PIC, etc.)
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<J> D C Apple Copyright Software
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<K> DUC Macintosh Collection
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<L> DUC Amiga Collection
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<M> DUC Atari ST Collection
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<N> DUC CoCo RSDOS & OS9 Collection
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<O> D Chat System File
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H
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Selected: Adult Pictures & Files, rated PG or higher
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>> This file collection contains 6,144 great files at this time!
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>> Sorry, this collection requires you to fill out a permission form.
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>> Please go to <S>subscribe menu and select 'Adult' option.
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>> If you prefer to NOT have this collection show up as an option,
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>> please go to TOP:ENVIRONMENT menu and turn off ADULT options.
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We can appreciate your frustration with the new release form required for
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access to the Adult file collection here. We hate paperwork too, but after
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discussing it with our attorney, this is the only way we can *legally*
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offer adult pictures & files on this system. So if we are to stay in
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business to serve you long into the future, we must obey the law.
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((End of PC-Exec warning))
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------------------------------
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Date: 9 Nov 91 11:29:54 CDT
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From: Moderators <tk0jut2@mvs.cso.niu.edu>
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Subject: File 5-- CU Bibliography Update
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Gene Spafford, Dave Appel, Ben Discoe, Jerry Carlin and a few
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others suggested that the following be added to the CU bibliography:
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The January 1992 issue of "Journal of Systems and Software:" It is a
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special issue devoted to ethics and computing, including break-ins and
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property.
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"The Shockwave Rider" by John Brunner, 1975, published by Ballantine
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Books, the first novel that that dealt with "hacking" and computer
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worms (This was left off the original list). Other science fiction
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works by John Brunner are "Stand on Zanzibar", 1968, and "The Sheep
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Look Up" in 1972.
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One reader wrote:
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" I'm upset that the Books for Fun Reading list recently
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appearing in this group totally forget Rudy Rucker, a grand
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originator of much of the FUN side of tech and now an
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establish cyber persona."
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Another reader suggested that True Names by Vernor Vinge (sp?) is
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archetypical and should be included.
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There are others, and when you come across a title, send it over. If
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it's a new book, feel free to write a short (50-200 line) review.
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------------------------------
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Date: 9 Nov 91 11:29:54 CDT
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From: Moderators <tk0jut2@mvs.cso.niu.edu>
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Subject: File 6-- Senate Bill 516 -- Electronic Privacy in the Workplace
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Senator Paul Simon (Dem, Ill) introduced Senate Bill 516 intended to
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curtail abuses of covert electronic monitoring in the workplace by
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requiring employers to notify employees of the existence, extent, and
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uses of surveillance and the information obtained.
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Contrary to rumors, the Bill *DOES NOT* prohibit electronic monitoring
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of employees. It simply extends principles of privacy into a domain
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where the dangers of covert intrusion are becoming increasing
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sophisticated. Criticisms against the bill include: a) The government
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has no place in legislating what employees may or may not do in the
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workplace; b) The Bill would appear to cover a broad range of
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potential mechanisms of surveillance not originally intended (such as
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Unix commands that allow monitoring of account use or telephone
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systems that record the number of calls to specific individuals)
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As one commentator observed, there are also problems of scope. For
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example, section (b)(2) doesn't mention civil "prosecutions". If a
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criminal investigation is resolved through civil charges, is it still
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a criminal investigation? Deciding civil liability, as in cases of
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seizure and forfeiture without criminal prosecution, seems to leave a
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gap in the existing language. Section (b)(3) seems to cover the
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exceptions to the second and provide a glaring exception that can
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readily be circumvented.
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In the main, the Bill is the right step toward recognizing the dangers
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of the abuse of technology to intrude into privacy. However, the
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language of the Bill needs clarification of the ambiguous language of
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scope and redress. If there is sufficient response from readers, we
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will devote a special issue to readers' comments and forward them to
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Senator Simon's office. The Bill has been sent to committee, so there
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is time to communicate concerns.
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+++ S 516 follows +++
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102d CONGRESS
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1st SESSION S. 516
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To prevent potential abuses of electronic monitoring in the workplace.
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______________________________
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IN THE SENATE OF THE UNITED STATES
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February 27 (Legislative day, February 6) 1991
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Mr. Simon introduced the following bill; which was read twice and
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referred to the
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Committee on Labor and Human Resources
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______________________________
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A BILL
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To prevent potential abuses of electronic monitoring in the
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workplace
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_Be it enacted by the Senate and House of Representatives of
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the United States of American assembled,_
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SECTION 1. SHORT TITLE.
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This Act may be cited as the "Privacy for Consumers
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and Workers Act".
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SEC. 2. DEFINITIONS.
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As used in this Act--
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(1) the term "electronic monitoring" means the collection,
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storage, analysis, and reporting of information concerning an
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employee's activities by means of a computer, electronic observation
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and supervision,
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- 2 -
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remote telephone surveillance telephone call accounting, or other form
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of visual, auditory, or computer-based surveillance conducted by any
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transfer of sings, signals, writing, images, sounds, data, or
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intelligence of any nature transmitted in whole or in part by a wire,
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radio, electromagnetic, photoelectronic, or photo-optical system;
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(2) the term "employee" means any current or former employee
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of an employer;
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(3) the term "employer" means any person who employs
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employees, and includes any individual, corporation, partnership,
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labor organization, unincorporated association, or any other leal
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business, the Federal Government, any State (or political subdivision
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thereof), and any agent of the employer.
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(4) the term "personal data" means any information
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concerning an employee which, because of name, identifying number,
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mark, or description, can be readily associated with a particular
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individual, and such term includes information contained in printouts,
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forms, or written analyses or evaluations;
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(5) the term "prospective employee" means an individual who
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has applied for a position of employment with an employer and
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- 2 -
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(6) the term "Secretary" means the Secretary of Labor.
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SEC.3.NOTICE
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(a) IN GENERAL.--Each employer who engages in electronic
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monitoring shall provide each affected employee with prior written
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notice describing the following regarding the electronic monitoring
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directly affecting the employee:
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(1) The forms of electronic monitoring used.
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(2) The personal data to be collected.
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(3) The frequency of each form of electronic monitoring
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|
which will occur.
|
|
(4) The use of personal data collected.
|
|
(5) Interpretation of printouts of statistics or other
|
|
records of information collected through electronic
|
|
monitoring.
|
|
(6) Existing production standards and work performance
|
|
expectations.
|
|
(7) Methods for determining production standards and
|
|
work performance expectations based on electronic
|
|
monitoring statistics.
|
|
|
|
(b) NOTICE CONCERNING EXISTING FORMS OF ELECTRONIC
|
|
MONITORING.--(1) Each employer shall notify a prospective employee at
|
|
any personal interview or meeting of existing forms of electronic
|
|
monitoring which may directly
|
|
|
|
- 3 -
|
|
|
|
affect the prospective employee if such employee is hired by the
|
|
employer.
|
|
|
|
(2) Each employer, upon request by a prospective employee, shall
|
|
provide the prospective employee with the written notice described in
|
|
subsection (a) regarding existing forms of electronic monitoring which
|
|
may directly affect the prospective employee if such employee is hired
|
|
by the employer.
|
|
|
|
(3) Each employer who engages in electronic monitoring shall
|
|
provide the affected employee with a signal light, beeping tone,
|
|
verbal notification, or other form of visual or aural notice, at
|
|
periodic intervals, that indicates that electronic monitoring is
|
|
taking place. If the electronic monitoring is conducted on a
|
|
continuous basis during each of the employee's shift, such notice need
|
|
not be provided at periodic intervals.
|
|
|
|
(4) An employer who engages in telephone service observation
|
|
shall provide the affected customer with a signal light, beeping tone,
|
|
verbal notification, or other form of visual or aural notice, at
|
|
periodic intervals, indicating that the telephone service observation
|
|
is taking place.
|
|
|
|
(c) NOTICE TO CURRENTLY AFFECTED EMPLOYEES.--Notwithstanding
|
|
subsection (a), an employer who is engaged in electronic monitoring on
|
|
the effective date of this Act shall have 90 days after such date to
|
|
provide each affected employee with the required written notice.
|
|
|
|
- 4 -
|
|
|
|
SEC.4.ACCESS TO RECORDS.
|
|
|
|
Each employer shall permit an employee (or the employee's
|
|
authorized agent) to have access to all personal data obtained
|
|
by electronic monitoring of the employee's work.
|
|
|
|
SEC.5.PRIVACY PROTECTIONS.
|
|
|
|
(a) RELEVANCY REQUIRED.--An Employer shall not collect personal
|
|
data on an employee through electronic monitoring which is not
|
|
relevant to the employee's work performance.
|
|
|
|
(b) DISCLOSURE LIMITED.--An employer shall not disclose personal
|
|
data obtained by electronic monitoring to any person or busness entity
|
|
except to (or with the prior written consent of) the individual
|
|
employee to whom the data pertains, unless the disclosure would be--
|
|
|
|
(1) to officers and employees of the employer who have a
|
|
legitimate need for information in the performance of
|
|
their duties;
|
|
|
|
(2) to a law enforcement agency in connection with a
|
|
criminal investigation or prosecution; or
|
|
|
|
(3) pursuant to the order of a court of competent
|
|
jurisdiction.
|
|
|
|
SEC.6.USE OF DATA COLLECTED BY ELECTRONIC MONITORING.
|
|
|
|
(a) DATA MAY NOT BE USED AS A SOLE BASIS FOR EVALUATION.--An
|
|
employer shall not use personal data obtained by electronic monitoring
|
|
as the exclusive basis for indi-
|
|
|
|
- 5 -
|
|
|
|
vidual employee performance evaluation or disciplinary action, unless
|
|
the employee is provided with an opportunity to review the personal
|
|
data with a reasonable time after such data is obtained.
|
|
|
|
(b) DATA MAY NOT BE USED AS SOLE BASIS FOR PRODUCTION QUOTAS.--An
|
|
employer shall not use personal data or collective data obtained by
|
|
electronic monitoring data as the sole basis for setting production
|
|
quotas or work performance expectations.
|
|
|
|
(c) DATA MAY NOT DISCLOSE EMPLOYEE'S EXERCISE OF CONSTITUTIONAL
|
|
RIGHTS.--An employer shall not maintain, collect, use, or disseminate
|
|
personal data obtained by electronic monitoring which describes how an
|
|
employee exercises rights guaranteed by the First Amendment unless
|
|
such use is expressly authorized by statute or by the employee to whom
|
|
the data relates or unless pertinent to and within the scope of, an
|
|
authorized law enforcement activity.
|
|
|
|
SEC.7.ENFORCEMENT PROVISIONS.--(1) Subject to paragraph (2), any
|
|
employer who violates any provision of this Act may be assessed a civil
|
|
penalty of not more that $10,000.
|
|
|
|
(2) In determining the amount of any penalty under paragraph (1),
|
|
the Secretary shall take into account the previous record of the
|
|
person in terms of compliance with this Act and the gravity of the
|
|
violation.
|
|
|
|
- 6 -
|
|
|
|
(3) Any civil penalty assessed under this subsection shall be
|
|
collected in the same manner as is required by subsections (b) through
|
|
(e) of section 503 of the Migrant and Seasonal Agricultural Worker
|
|
Protection Act (29 U.S.C. 1853) with respect to civil penalties
|
|
assessed under subsection (a) of such section.
|
|
|
|
(b) INJUNCTIVE ACTIONS BY THE SECRETARY.--The Secretary may bring
|
|
an action under this section to restrain violations of this Act. The
|
|
Solicitor of Labor may appear for and represent the Secretary in any
|
|
litigation brought under this Act. In any action brought under this
|
|
section, the district courts of the United States shall have
|
|
jurisdiction, for cause shown, to issue temporary or permanent
|
|
restraining orders and injunctions to require compliance with this
|
|
Act, including such legal or equitable relief incident thereto as may
|
|
be appropriate, including employment, reinstatement, promotion, and
|
|
the payment of lost wages and benefits.
|
|
|
|
(c) PRIVATE CIVIL ACTIONS.--(1) An employer who violates this Act
|
|
shall be liable to the employee or prospective employee affected by
|
|
such violation. Such employer shall be liable for such legal or
|
|
equitable relief as may be appropriate, including employment,
|
|
reinstatement, promotion, and the payment of lost wages and benefits.
|
|
|
|
(2) An action to recover the liability prescribed in paragraph
|
|
(1) may be maintained against the employer in any
|
|
|
|
|
|
- 7 -
|
|
|
|
Federal or State court of competent jurisdiction by an employee or
|
|
prospective employee for or on behalf of such employee, prospective
|
|
employee, and for other employees or prospective employees similarly
|
|
situated. No such action may be commenced more than 3 years after the
|
|
date of the alleged violation.
|
|
|
|
(3) The court, in its discretion, may allow the prevailing (other
|
|
than the United States) reasonable costs, including attorney's fees.
|
|
|
|
(d) WAIVER OF RIGHTS PROHIBITED.--The rights and procedures
|
|
provided by this Act may not be waived by contract or otherwise,
|
|
unless such a waiver is part of a written settlement agreed to and
|
|
signed by the parties to the pending action or complaint under this
|
|
Act.
|
|
|
|
SEC.8.REGULATIONS.
|
|
|
|
The Secretary shall, within 6 months after the date of the
|
|
enactment of this Act, issue rules and regulations to carry out the
|
|
provisions of this Act.
|
|
|
|
SEC.8.INAPPLICABLE TO MONITORING CONDUCTED BY LAW ENFORCEMENT
|
|
AGENCIES.
|
|
|
|
This At shall not apply to electronic monitoring administered by
|
|
law enforcement agencies as may otherwise be permitted in criminal
|
|
investigations.
|
|
|
|
-- end S516 --
|
|
|
|
------------------------------
|
|
|
|
Date: 9 Nov 91 11:29:54 CDT
|
|
From: Len Rose <federal@prison.north.carolina>
|
|
Subject: File 7-- Letter from Prison (part 2 of 2)
|
|
|
|
Following is the second of the two-part letter by Len Rose. It
|
|
reinforces our own view that there is no such place as an "easy time"
|
|
prison. Len is no different than many other first-time, non-violent
|
|
offenders: Loneliness and emotional deprivation border on "cruel and
|
|
unusual punishment." It is not the loss of freedom, but the disruption
|
|
of family and consequences of incarceration on the innocent that make
|
|
prisons especially hard for offenders. Those wishing a chronology and
|
|
background of Len's case can obtain it from the Len Rose file in the
|
|
CuD ftp archives at widener or uchicago.
|
|
|
|
Sheldon Zenner, Len's former attorney, has agreed to serve as a
|
|
conduit for funds to help Len's family. Checks or money orders (*NO
|
|
CASH*) should be made out to:
|
|
|
|
Sheldon T. Zenner
|
|
RE: Len Rose
|
|
Katten, Muchin, and Zavis
|
|
525 West Monroe Street (Suite 1600)
|
|
Chicago, IL 60606-3693
|
|
|
|
BE SURE TO PUT LEN'S NAME ON THE CHECK AND AN INDICATION IN THE MEMO
|
|
SECTION THAT IT'S FOR LEN ROSE so it may be directed properly.
|
|
|
|
Len's address for those who've missed it:
|
|
|
|
Len Rose (27154-037)
|
|
FPC
|
|
Seymour Johnson AFB
|
|
Caller Box 8004
|
|
PMB 187
|
|
Goldsboro, NC 27531-8004
|
|
|
|
He would appreciate a letter or post card.
|
|
|
|
+++ Len's letter follows +++
|
|
|
|
I am desperate for my family. My wife has run out of money, and she is
|
|
on her own. Normally, this wouldn't be that serious, but she is
|
|
handicapped by lack of English skills, and no marketable job skills.
|
|
She has two small children to care for, ages six and three, and can't
|
|
afford day care/baby sitters if she did obtain minimum wage
|
|
employment. I was able to raise $5,000 from the sale of some of the
|
|
equipment that was kindly returned to me by the Secret Service. It
|
|
was not enough. She receives some public assistance, but it isn't
|
|
enough to sustain them. I understand that she is on a waiting list for
|
|
subsidy for public housing, but was also told there is a two-year
|
|
backlog.
|
|
|
|
Since we cannot conduct a useful correspondence via written medium,
|
|
and cannot afford to telephone, we are virtually cut-off from each
|
|
other. The phone bill has not been paid, and it looks like that will
|
|
soon be cut off (We are only allowed to make collect calls here). My
|
|
wife has bravely survived for four months, and I feel very lucky to be
|
|
married to her. She has endured so much these last two years. I am
|
|
proud of her.
|
|
|
|
They are the ones who are really being punished. I am quite capable of
|
|
serving my 10 and a half month sentence. It is mental hell, but I can
|
|
handle it. They however, may not. If I could be released to home
|
|
detention or perhaps a halfway house, I could return to the work force
|
|
and support them. I can only wonder at the logic behind my sentence,
|
|
but at this point I am no longer bitter. I am in stasis. I cannot and
|
|
will not allow myself to think of what was or might have been. To
|
|
indulge in such opens the door to thoughts which are at this point
|
|
self-destructive. I have learned that when survival is pitted against
|
|
pride, instincts take over. I have become (I hope) a model prisoner.
|
|
I work hard. I do what I am told, and smile. I am pleasant and
|
|
respectful. I have only one desire. I must be free. My family's
|
|
survival--my children--depend on me. Things look very bleak now. I
|
|
have put my faith in God that I can get out before they are on the
|
|
street, are taken away and placed in foster care. I have received so
|
|
much help from various people. They know who they are. More thanks are
|
|
not enough, and if I am ever fortunate enough to be a success again,
|
|
they will be repaid.
|
|
|
|
Right now, it looks like my family doesn't stand much of a chance. If
|
|
I can be released in time, I can save them from a very harsh fate.
|
|
|
|
Prison has enlightened me in several ways. Loneliness--I never dreamt
|
|
that it had such depths. I am never alone here, yet I am extremely
|
|
lonely for my wife, Sun. After 11 years (soon to be 12!) of marriage,
|
|
she has become part of me. I don't feel whole. It's also bizarre how
|
|
much I came to depend on my children. My three year old daughter
|
|
warmed my heart like nothing else could. My son, six years old, had
|
|
finally grown to the point where he had become a friend. I could spend
|
|
hours with him just talking. Being separated from them has been the
|
|
worst punishment. I think that is the key to being in prison: It is
|
|
not the conditions or physical confinement. Being cut off from loved
|
|
ones is terrible. Especially when they need you.
|
|
|
|
My wife is serving my prison sentence. My children are also. Me? I am
|
|
fine, I suppose. If I were single, I could stay here and eventually
|
|
cope. I have all my needs provided for. I don't have to worry about
|
|
next month's rent, or food, or having the electricity cut off in the
|
|
middle of winter. My wife does.
|
|
|
|
My loneliness for my wife is the harshest part of my imprisonment.
|
|
Since we cannot write each other (as in meaningful communication),
|
|
it's been sheer torture for me, and I'm sure for her as well. Before
|
|
you accuse me of complaining, I'd like to say that I accept what has
|
|
happened to me. I have learned to live with my fate. It took a long
|
|
time for that, believe me. At this point in my life, I only wish to
|
|
return to my family. I'd like to resume a normal life and hopefully
|
|
earn a decent living. Perhaps, in time, I can heal my family's wounds.
|
|
|
|
I am very proud of my wife. She has been the source of my resolve.
|
|
Her loyalty and her strength have kept me going. She has seen her
|
|
world crumble, and she still keeps a brave face on life. I pray for
|
|
them every night and also pray for my release. Some people have told
|
|
me that prison will force you to learn more about yourself. I have
|
|
learned a great deal. I know that I have discovered that I really do
|
|
love my wife. I took so many things for granted before.
|
|
|
|
Len
|
|
|
|
------------------------------
|
|
|
|
Date: 23 Oct 91 19:08:41 EDT
|
|
From: Gordon Meyer <72307.1502@COMPUSERVE.COM>
|
|
Subject: File 8-- "Password violations helped Hill hacker"
|
|
|
|
"Password violations helped Hill hacker"
|
|
Ogden Standard-Examiner Wednesday, Oct 9, 1991 Page 3C (Utah/Local)
|
|
|
|
SALT LAKE CITY (AP) - A military auditor had little difficulty
|
|
breaking into restricted Hill Air Force Base computer files and using
|
|
them to leapfrog into other Air Force computers in Texas, Georgia and
|
|
Ohio, according to an Air Force Audit Agency report.
|
|
|
|
The auditor's secret to access was taking advantage of procedural
|
|
violations, the audit said. When prompted for a password by the Hill
|
|
computer, he typed the first or last name of people who worked on the
|
|
computers. Under Air Force regulation, names are not supposed to be
|
|
used for such passwords.
|
|
|
|
In a copyright story Tuesday, the Desert News [of Salt Lake City,
|
|
Utah] reported that the agency also said inspection of computers at
|
|
Hill showed some people had installed "pirated" software programs
|
|
illegally, and others improperly used commercial programs that had not
|
|
been inspected for possible computer viruses that could destroy
|
|
important files.
|
|
|
|
The auditor decided to test computer security at Hill's Ogden Air
|
|
Logistics Center - on of five centers that order supplies for the Air
|
|
Force - by obtaining a list of people who worked on computers there
|
|
and trying to gain access using their names.
|
|
|
|
"Systems-user-created passwords related to the personal identity in
|
|
three of four systems reviewed, enabling the auditor to make
|
|
unauthorized entries into 13 (total) systems," he wrote.
|
|
|
|
One of the passwords he discovered was for a systems programmer, which
|
|
gave the auditor access to virtually ever file in that system. It
|
|
also allowed him to compromise "almost all" of the passwords there -
|
|
some of which were good on other systems, too, the report said.
|
|
|
|
With that, he said he was able to raid restricted systems around Hill
|
|
that contained information on contracts, orders, material needs and
|
|
electronic mail for base personnel. "Potential existed (for) ...
|
|
manipulation or destruction of sensitive data," he wrote.
|
|
|
|
The auditor noted all users have since been instructed about proper
|
|
selection of passwords, and new software has been installed in some
|
|
systems to automatically stop use of names.
|
|
|
|
Hill spokesman Len Barry added that new systems require use of both
|
|
numbers and letter for passwords. Further, programs do not allow the
|
|
same password to be used in more than one system.
|
|
|
|
------------------------------
|
|
|
|
End of Computer Underground Digest #3.40
|
|
************************************
|
|
|
|
|