834 lines
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834 lines
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Computer underground Digest Sun Aug 23, 1992 Volume 4 : Issue 38
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Editors: Jim Thomas and Gordon Meyer (TK0JUT2@NIU.BITNET)
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Copy Editor: Etaion Shrdlu, III
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Archivist: Brendan Kehoe
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Shadow-Archivist: Dan Carosone
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CONTENTS, #4.38 (Aug 23, 1992)
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File 1--Retraction & apology to Ripco
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File 2--THE GARBAGE DUMP BBS Purges Adult Gifs
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File 3--Canada busts Pirate
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File 4--Lotus NYT As against Borland
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File 5--Secret Service -- the TV show
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File 6--"The Hacker Files" Comic Book
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File 7--ZEN AND THE ART OF THE INTERNET (Review 1)
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File 8--ZEN AND THE ART OF THE INTERNET (Review 2)
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File 9--CPSR Letter on Crypto Policy
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Cu-Digest is a weekly electronic journal/newsletter. Subscriptions are
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available at no cost from tk0jut2@mvs.cso.niu.edu. The editors may be
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contacted by voice (815-753-6430), fax (815-753-6302) or U.S. mail at:
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Jim Thomas, Department of Sociology, NIU, DeKalb, IL 60115.
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Issues of CuD can also be found in the Usenet comp.society.cu-digest
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news group; on CompuServe in DL0 and DL4 of the IBMBBS SIG, DL1 of
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LAWSIG, and DL0 and DL12 of TELECOM; on Genie in the PF*NPC RT
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libraries; from America Online in the PC Telecom forum under
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"computing newsletters;" on the PC-EXEC BBS at (414) 789-4210; and by
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anonymous ftp from ftp.eff.org (192.88.144.4) and ftp.ee.mu.oz.au
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European distributor: ComNet in Luxembourg BBS (++352) 466893.
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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
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computer culture and communication. Articles are preferred to short
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responses. Please avoid quoting previous posts unless absolutely
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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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Date: Fri, 21 Aug 1992 11:41:44 -0600
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From: Evan.Hendricks@EFF.ORG(hendricks@washofc.cpsr.org)
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Subject: File 1--Retraction & apology to Ripco
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((MODERATORS' NOTE: CuD #4.37 reported an inadvertent, but
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unfortunate, phrasing of a reference to Ripco BBS, in an article in
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Privacy Times. We contacted the editor, Evan Hendricks, who shared our
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concern. He indicated that, if CuD's version of events were correct,
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he would rectify the mistake. His response is below may be one reason
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why Privacy Times is judged by many as as a first-rate and reputable
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resource. His response should also be an example of integrity for
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other journalists.))
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The following retraction was printed in the Aug. 21, 1992 issue of
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Privacy Times
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++++++++++++++++++++++++++++
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RETRACTION
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In the previous issue, Privacy Times reported incorrectly that a
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manual for breaking into TRW's credit bureau database was published on
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the Ripco bulletin board. In fact, Ripco officials refused to publish
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it. Our mistake was made worse by the fact that Ripco had been the
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previous victim of unwarranted government persecution after
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controversial matters were published on the board, sources said.
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Privacy Times apologizes for this mistake. We regret any misconceptions
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that this may have caused.
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------------------------------
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Date: Thu, 20 Aug 92 15:46:13 MDT
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From: bbx!yenta!weenie@UNMVAX.CS.UNM.EDU(Dean Kerl)
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Subject: File 2--THE GARBAGE DUMP BBS Purges Adult Gifs
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FOR RELEASE AUGUST 17, 1992
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GARBAGE DUMP BBS PURGES ADULT GRAPHIC FILES
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DataSafe, owners and operators of The Garbage Dump Bulletin Board
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Service (BBS) in Albuquerque, NM and Denver, CO announce the immediate
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removal of all adult graphic files from its online service. This
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action was taken to free up system and personnel resources which will
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be used to enhance and expand current services such as DOS, Windows
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and OS/2 shareware downloadable files. Shareware files will be
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promoted as a primary product along with interactive chat, message
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areas and online multiplayer games.
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Simon Clement, VP of Marketing said, "These graphic files have never
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been an integral part of our business and this action will allow us to
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market to a much wider audience. We feel that this new market strategy
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will position us to serve more customers with better and more valuable
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services. We would like to encourage our customers to continue using
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our expanding services. Any customer who is dissatisfied with our
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market emphasis will be given a full refund, on request, for any time
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remaining on their account."
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The Garbage Dump BBS will continue to offer and promote uncensored
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Chat, E-mail, and Message Areas. This uncensored format allows for
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open discussion of a wide range of controversial topics including
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politics, consumer issues, freedom of speech, alternative lifestyles
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and current events.
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The Garbage Dump BBS can be reached via modem in Albuquerque, NM at
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(505)-294-5675 and in Denver, CO at (303)-457-1111. If you have any
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questions about our new policy or would like further information about
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our services, please contact Dean Kerl at (505)-294-4980 Voice.
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------------------------------
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Date: 20 Aug 92 21:41:18 EDT
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From: Gordon Meyer <72307.1502@COMPUSERVE.COM>
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Subject: File 3--Canada busts Pirate
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Centre d'ordinateurs Microbec, a chain of four computer stores, has
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been handed the largest software-copyright fine in the province's
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history. The company was fined C$63,000 for selling computers loaded
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with illegal copies of the MS-DOS operating system.
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The fine is not the worst of it for Microbec. When the Royal Canadian
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Mounted Police raided the company last October, they seized about 140
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computers carrying the illegal software as evidence. Since the
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company was convicted, the seized hardware will not be returned, said
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Allan Reynolds, manager of the Canadian Alliance Against Software
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Theft (CAAST), a Toronto-based group of major software vendors set up
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to fight software piracy. Reynolds said the value of the seized
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computers is "more than double the fine amount in terms of revenue
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value." (Reprinted from ST Report 8.33 with permission)
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------------------------------
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Date: Thu, 20 Aug 92 11:49:51 PDT
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From: name_withheld@by.request
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Subject: File 4--Lotus NYT As against Borland
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In case you missed it, there was a full page ad by Lotus in the August
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20 issue of the New York Times (Business section, p. 3) about their
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lawsuit against Borland. With a banner headline saying "There's
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nothing innovative about copying, parts of it read:
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On Friday, July 31, 1992, a U.S. District Court ruled that
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Borland's Quattro(r) and Quattro Pro(r) spreadsheets infringe the
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copyrights of Lotus(r) 1-2-3.
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In its ruling, the court concluded tht "...the Quattro programs
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derive from illicit copying," holding that "Lotus has sued" and
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"Borland is liable."
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Lotus goes for the jugular in the ad. In a large-print subhead, it
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announces: "_Lotus innovated. Borland copied," and another says: "Who
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should you trust?" The ad concludes:
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But perhaps most importantly, Borland lost what matters most to
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customers: credibility. For instance, Borland told the Court they
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needed to copy our menus to achieve macro compatibility with
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1-2-3. Now they tell their customers that the 1-2-3 menus aren't
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critical to compatibility.
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So ask yourself: To what extent can you trust a company that
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values what is expedient over what is legal? And to what extent
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can you rely on the product it wants you to buy?
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Here's our advice: Choose the product, and the company, you can
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trust. Choose Lotus. After all, we're the best in the business at
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building innovative spreadsheets. Always hae been, always will
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be.
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Case closed.
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Lotus
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------------------------------
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Date: 17 Aug 1992 12:24:24 -0400 (EDT)
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From: Stephen Tihor 212 998 3052 <TIHOR@ACFcluster.NYU.EDU>
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Subject: File 5--Secret Service -- the TV show
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Last night NBC broadcast an episode of "Secret Service" in NY at least
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that featured a straightforwards nut who wants to kill the President
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plot and then a rather confusing account of their high technology
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defense of a fuzzy city power system against sabotage by a fired
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employee.
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I hope someone taped it and caught the exact wording of the disclaimer
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at the end because it was hard to follow the logic and determine what
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was the original incident and what was Hollywoodisms.
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The piece was prefaced with a brief discussion some of the risks of
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power outages.
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The expert quickly diagnosed the problem as a VIRUS. Persistent
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references to virus in the context of a electric power control system
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seemed odd. Since they appeared to be running pre-existing VIRUS
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checking software on the system one might suspect the "main frame" was
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an IBM PC or Apple Macintosh running standard software rather than a
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real time control system or perhaps something larger and safer.
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Interesting references were made to viruses lurking WITHIN modems.
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Then they identified the source of the attacking codes as the local
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font storage in what appeared to be a old DECwriter dot matrix
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printer.
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With some external clues the agents attempt to confront the criminal
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in house, which is wired with many falling metal screen, sounds
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effects, and gas but which lacks reinforced walls. The culprit is
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classic middle aged computer geek who appears uncaring about possible
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loss of life although the agents do not mention to him the risk of a
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life sentence of death penalty of others die as a result of his
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sabotage. He refuses to help them disarm the problem.
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The expert has announced that this is a logic bomb and eventually
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realizes that since the bug code is not in the copy of the system on
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disk as long as they shutdown without writing memory to disk they can
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reboot bug free. So a brief deliberate blackout is used to save the
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city.
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I am obvious very curious about the TRUE FACTs of this can if the show
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plans to show such other SS triumphs in the war on electronic crime as
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almost destroying Steve Jackson Games.
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------------------------------
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Date: Fri, 21 Aug 92 09:18:22 MDT
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From: gambit@unijak.label.com(queen's gambit)
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Subject: File 6--"The Hacker Files" Comic Book
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_The Hacker Files_, if you've missed them, is the name of a new DC
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comic book. At $1.95 each, I plunked down my six bucks and took the
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first three of the 24 page monthly back to my digs and zap through
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them between hacks. Reading took a lot less time than I thought. I
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should have watched a double showing of Ishtar instead.
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The premise of the story, which is continued in serial form from one
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issue to the next, is that a virus has invaded Arpanet and threatens
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the Pentagon's computer system and could trigger a nuclear set-to. No
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matter that the collapse of Russia stretches the credibility of the
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Dr. Strangelove plot. The hacker-not-cracker hero is Jack Marshall, a
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scruffy looking peacenik who dresses in a t-shirt with a prominent
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peace sign, jeans, and an army shirt-as-jacket. He's been dismissed
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from his last company, Digitronix, under mysterious circumstances and
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was black-balled from the industry. Digitronix, coincidentally,
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installed the Pentagon's computers, and Jack Marshall, coincidentally,
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wrote the operating system for it before his dismissal. Not
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coincidentally, there's friction between Marshall and the Digitronix
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crowd when he pops on the scene. Not coincidentally, this tension may
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or may not have something to do with the plot. Marshall, handle of
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"Hacker," calls a few of his younger hacker friends (Sue Denim and
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Dr. Zen) to help track down the virus planter. Was it some curious kids?
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Was it Digitronix? Was it some nasty foreign government? Do we really care?
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I'm not sure who _The Hacker Files- is aimed at. It presents a rather
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sympathetic view of hackers, so it's probably aimed at a younger,
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techno-sophisticated audience. The unfolding of the plot is too slow
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and twisted to hold the attention of the MTV generation, and pre-teens
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would probably find the story line incomprehensible. The dialogue in
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the book is R-rated, with "bullshits" and "goddamns" liberally
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sprinkled in. The graphics include unnecessary snapshot scenes of
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houses and neighborhoods that probably are intended for a touch of
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realism, but do nothing but take up space. At 12 cents a page, the
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space could be better used. The ads every few pages are distracting.
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Simulated computer screens showing what the characters see on the
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screen abound, but they don't add anything except maybe some vicarious
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thrill for kids. The story line needs a stronger set of ideas
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describing hackers and their activities and some coherent purpose in
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using a hacker as hero or villain. The characters, except for the
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youngest hackers, aren't either exciting or sympathetic, and like
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Gertrude Stein said about Oakland, after three issues there just ain't
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no there there.
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As I see it, the "to be continued" format is just a device to entice
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readers to get the next issue, but it's is as lame and drawn out as
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the first three, the promised "conclusion" in the fourth issue will be
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the last.
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------------------------------
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Date: 20 Aug 1992 09:46:11 U
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From: "Anne" <harwell@SMTPGATE.TECHRSCS.PANAM.EDU>
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Subject: File 7--ZEN AND THE ART OF THE INTERNET (Review 1)
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((MODERATORS' NOTE: The following two posts review ZEN AND THE ART OF
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THE INTERNET: A BEGINNER'S GUIDE, by Brendan P. Kehoe. Englewood
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Cliffs (N.J.): Prentice-Hall. 122 pp. $22 (paper).))
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Brendan Kehoe's _Zen and the Art of the Internet: A Beginner's Guide_
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is an eminently usable handbook of information and tips for navigating
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the Internet. Despite its title, beginners aren't the only ones who
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can benefit from it. The novice will enjoy it as a guided tour of the
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net; more experienced netters will find it a valuable resource as an
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all-in-one-place source for tips and tricks.
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Although some of his examples do betray an excessive fondness for
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Unix, Kehoe stays for the most part platform-neutral, so anyone can
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benefit from this book. All the basics are covered: email, FTP,
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Usenet and Telnet; plus some of everybody's favorite fun things, such
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as Finger, Ping, Talk and WHOIS.
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One of the more interesting sections is Chapter 4, which is given over
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entirely to explaining Usenet. Besides describing what Usenet is ("a
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set of machines that exchange articles"), it also tells what Usenet is
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not ("an organization," "the Internet," "fair"). Here the author
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really seems to swing into his own; he's obviously very comfortable in
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the world of newsgroups and this is some of his best writing. Although
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the entire book is readable and easy to comprehend, it's fun in the
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Usenet chapter. Perhaps echoing the anarchy of Usenet itself, Kehoe's
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prose takes on a slightly more freewheeling bent, and his advice,
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never heavy-handed, becomes more lively.
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_Zen_ is also crammed with factoids that are great to know, but
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sometimes hard to remember, such as directions for telnetting into the
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Naval Observatory Automated Data Service and listings of email
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gateways to. For the beginner, these are great guideposts for learning
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what's what; the veteran will appreciate having a ready reference to
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favorite services.
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Like most people, I had to learn net behavior the hard way, but maybe
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future generations will be spared this trauma by reading the section
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on netiquette. Although having a more aware crop of newbies entering
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the net may not be as amusing to the old timers, it has the potential
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for freeing up substantial chunks of bandwidth that were previously
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occupied by flames sent to the clueless ones.
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One feature of the book that could still stand some improvement is the
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appearance of the printed text itself. According to Kehoe, it was
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output on a 300 dpi laser. In the mid-1980's that was a great "taking
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control of our own property" kind of statement, but now it's easy to
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get much higher-quality text out of felt that a book of this quality
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deserved more attractive typefaces and higher-res output, such as what
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could have easily been obtained from a Linotronic imagesetter.
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However, this is a minor qualm and no reason for missing _Zen and the
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Art of the Internet_. It's a book to keep handy by the computer,
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whether you are a hardened veteran or a net.virgin. Although clearly
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slanted towards the novice, there's lots here for everyone. I wish I'd
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had it by my side when I first got on the net; it would have saved
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asking a million clueless FAQs.
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Anne Harwell
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harwell@panam.edu
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------------------------------
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Date: Wed, 20 Aug 92 18:01:31 CDT
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From: Jim Thomas <tk0jut2@mvs.cso.niu.edu)
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Subject: File 8--ZEN AND THE ART OF THE INTERNET (Review 2)
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_Zen and the Art of the Internet: A Beginner's Guide_ (ZAI) is a
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deceptively subtle title. As Anne Harwell observes in her review in
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the previous post, Kehoe has taken the most common problems and needs
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of new internet riders and organized them in nine chapters, five
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appendixes, a helpful glossary and a (all to brief) bibliography. Ms.
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Harwell is an experienced cyber-surfer, administrator, and postmaster,
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and not readily pleased. That she finds the book helpful is a
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compelling endorsement.
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Kehoe's title is more than a cute wordplay on the similarly titled
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"Zen and the Art of Motorcycle Maintenance." It evokes an imagery and
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analogue between the art of Zen, a belief that we fulfill ourselves
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and understand the universe through self-mastery and mediation, and
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the passion and mastery required to function in the Internet. The
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Internet (or "net") is a system of interlinked computer systems
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connected into a packet switching (data block transfer) network. It
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enables users in different locations to communicate with each other by
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connecting to a host computer, such as a university mainframe or
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public access system, by addressing their "mail" with a unique address
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to a recipient on the other end. Uses of the Internet include sending
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and receiving electronic mail, ftp file transfers, telnet services
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allowing access to remote systems, and inter-relay chat (IRC). The
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increase in computer access at universities and the proliferation
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especially of Unix-based public access systems such as The Well or
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Mindvox have dramatically increased public access to The Net.
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Internet's popularity and accessability make Kehoe's volume both
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timely and important both for new users and even for experienced
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net-travellers.
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ZAI offers not only the basics for roaming around Internet, but
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provides a helpful reference source of tips and addresses for others.
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Beginning with network basics, Kehoe describes the concept of
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networking and summarizes how connections are made. A condensed
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chapter on electronic mail addresses explains how they are
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logically constructed, how to read domain and account names, and
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tricks for correcting bounced mail. He emphasizes to readers that
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Usenet *is not* the same as internet (the former is a process for
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exchanging posts for a mass audience, the latter is the computer
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networking systems that carry the posts). His explanation of Usenet
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hierarchies, gateways, and "netiquette" should be invaluable to
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newcomers.
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ZAI's overview of ftp and telnet are especially helpful. One of the
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most common "frequent asked questions" (FAQs) received by CuD is, "how
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can I ftp back issues?" Kehoe explains, step-by-step, how one uses ftp
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and telnet. He also provides the addresses of a number of useful sites
|
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for accessing help files, security documents, and other information of
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use both to novices and professionals. His summary of "things you'll
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hear about" is a list of people, common terms, or sites that, if read
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and remembered, will allow a novice to appear to be a seasoned user
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almost immediately.
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Readers should not be deceived by Kehoe's easy-going and often
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humorous style. Beneath the captivating prose is a serious purpose:
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Kehoe successfully brings to life a primer in netology, and he
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collapses considerable information into a short space. When finished
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with the book, one will be able to distinguish between Z files and Gif
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files, roam around archie with confidence, and log on to anonymous
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ftp.
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In the third edition, it would be helpful if some topics were
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expanded. Additional addresses could be included of those sites that
|
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have established longevity, Electronic digests such as Telecom Digest
|
|
and Cu-Digest might be mentioned, and a chapter on Bitnet, a
|
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widely-used system among academics, might be included. It would also
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be helpful to include a separate chapter on IRC, a growing interactive
|
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communication procedure. If the publisher doesn't balk at the
|
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expansion, a longer glossary and an expanded bibliography would also
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be helpful (or at least explicit pointers to them).
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These suggestions aside, ZAI, although a bit pricey at $22, is still a
|
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good value, and the average reader will take away far more than from
|
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books twice the size (or cost). It would make a nifty classroom aid
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and should be required reading for anybody before being turned loose
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on the nets. In fact, it should be required reading for us all.
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------------------------------
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Date: Mon, 17 Aug 1992 14:48:18 EDT
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From: David Sobel <dsobel@WASHOFC.CPSR.ORG>
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Subject: File 9--CPSR Letter on Crypto Policy
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CPSR Letter on Crypto Policy
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The following is the text of a letter Computer Professionals for
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Social Responsibility (CPSR) recently sent to Rep. Jack Brooks,
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chairman of the House Judiciary Committee. The letter raises several
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issues concerning computer security and cryptography policy. For
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additional information on CPSR's activities in this area, contact
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banisar@washofc.cpsr.org. For information concerning CPSR generally
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(including membership information), contact cpsr@csli.stanford.edu.
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====================================================
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August 11, 1992
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Representative Jack Brooks
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Chairman
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House Judiciary Committee
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2138 Rayburn House Office Bldg.
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Washington, DC 20515-6216
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Dear Mr. Chairman:
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Earlier this year, you held hearings before the Subcommittee on
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Economic and Commercial Law on the threat of foreign economic
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|
espionage to U.S. corporations. Among the issues raised during the
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|
hearings were the future of computer security authority and the
|
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efforts of government agencies to restrict the use of new
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|
technologies, such as cryptography.
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As a national organization of computer professionals interested
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in the policies surrounding civil liberties and privacy, including
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computer security and cryptography, CPSR supports your efforts to
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encourage public dialogue of these matters. Particularly as the
|
|
United States becomes more dependent on advanced network technologies,
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|
such as cellular communications, the long-term impact of proposed
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|
restrictions on privacy-enhancing techniques should be carefully
|
|
explored in a public forum.
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When we had the opportunity to testify before the Subcommittee on
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Legislation and National Security in May 1989 on the enforcement of
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|
the Computer Security Act of 1987, we raised a number of these issues.
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|
We write to you now to provide new information about the role of the
|
|
National Security Agency in the development of the Digital Signature
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|
Standard and the recent National Security Directive on computer
|
|
security authority. The information that we have gathered suggests
|
|
that further hearings are necessary to assess the activities of the
|
|
National Security Agency since passage of the Computer Security Act of
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|
1987.
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The National Security Agency
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|
and the Digital Signature Standard
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|
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|
Through the Freedom of Information Act, CPSR has recently learned
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|
that the NSA was the driving force behind the selection and
|
|
development of the Digital Signature Standard (DSS). We believe that
|
|
the NSA's actions contravene the Computer Security Act of 1987. We
|
|
have also determined that the National Institute of Standards and
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|
Technology (NIST) attempted to shield the NSA's role in the
|
|
development of the DSS from public scrutiny.
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The Digital Signature Standard will be used for the
|
|
authentication of computer messages that travel across the public
|
|
computer network. Its development was closely watched in the computer
|
|
science community. Questions about the factors leading to the
|
|
selection of the standard were raised by a Federal Register notice, 56
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|
Fed. Reg. 42, (Aug 30, 1991), in which NIST indicated that it had
|
|
considered the impact of the proposed standard on "national security
|
|
and law enforcement," though there was no apparent reason why these
|
|
factors might be considered in the development of a technical standard
|
|
for communications security.
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In August 1991, CPSR filed a FOIA request with the National
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|
Institute of Standards and Technology seeking all documentation
|
|
relating to the development of the DSS. NIST denied our request in
|
|
its entirety. The agency did not indicate that they had responsive
|
|
documents from the National Security Agency in their files, as they
|
|
were required to do under their own regulations. 15 C.F.R. Sec.
|
|
4.6(a)(4) (1992). In October 1991, we filed a similar request for
|
|
documents concerning the development of the DSS with the Department of
|
|
Defense. The Department replied that they were forwarding the request
|
|
to the NSA, from whom we never received even an acknowledgement of our
|
|
request.
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In April 1992, CPSR filed suit against NIST to force disclosure
|
|
of the documents. CPSR v. NIST, et al., Civil Action No. 92-0972-RCL
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(D.D.C.). As
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|
|
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a result of that lawsuit, NIST released 140 out of a total of 142
|
|
pages. Among those documents is a memo from Roy Saltman to Lynn
|
|
McNulty which suggests that there were better algorithms available
|
|
than the one NIST eventually recommended for adoption. If that is so,
|
|
why did NIST recommend a standard that its own expert believed was
|
|
inferior?
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Further, NIST was required under Section 2 of the Computer
|
|
Security Act to develop standards and guidelines to "assure the
|
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cost-effective security and privacy of sensitive information in
|
|
federal systems." However, the algorithm selected by NIST as the DSS
|
|
was purposely designed to minimize privacy protection: its use is
|
|
limited to message authentication. Other algorithms that were
|
|
considered by NIST included both the ability to authenticate messages
|
|
and the capability to incorporate privacy-enhancing features. Was
|
|
NSA's interest in communication surveillance one of the factors that
|
|
lead to the NIST decision to select an algorithm that was useful for
|
|
authentication, but not for communications privacy?
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Most significantly, NIST also disclosed that 1,138 pages on the
|
|
DSS that were created by the NSA were in their files and were being
|
|
sent back to the NSA for processing. Note that only 142 pages of
|
|
material were identified as originating with NIST. In addition, it
|
|
appears that the patent for the DSS is filed in the name of an NSA
|
|
contractor.
|
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|
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The events surrounding the development of the Digital Signature
|
|
Standard warrant further Congressional investigation. When Congress
|
|
passed the Computer Security Act, it sought to return authority for
|
|
technical standard-setting to the civilian sector. It explicitly
|
|
rejected the proposition that NSA should have authority for developing
|
|
technical guidelines:
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|
|
|
Since work on technical standards represents virtually
|
|
all of the research effort being done today, NSA would
|
|
take over virtually the entire computer standards job
|
|
from the [National Institute of Standards and
|
|
Technology]. By putting the NSA in charge of developing
|
|
technical security guidelines (software, hardware,
|
|
communications), [NIST] would be left with the
|
|
responsibility for only administrative and physical
|
|
security measures -- which have generally been done
|
|
years ago. [NIST], in effect, would on the surface be
|
|
given the responsibility for the computer standards
|
|
program with little to say about the most important part
|
|
of the program -- the technical guidelines developed by
|
|
NSA.
|
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|
|
Government Operation Committee Report at 25-26, reprinted in 1988 U.S.
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|
Code Cong. and Admin. News at 3177-78. See also Science Committee
|
|
Report at 27, reprinted in 1988 U.S.C.A.N. 3142.
|
|
|
|
Despite the clear mandate of the Computer Security Act, NSA does,
|
|
indeed, appear to have assumed the lead role in the development of the
|
|
DSS. In a letter to MacWeek magazine last fall, NSA's Chief of
|
|
Information Policy acknowledged that the Agency "evaluated and
|
|
provided candidate algorithms including the one ultimately selected by
|
|
NIST." Letter from Michael S. Conn to Mitch Ratcliffe, Oct. 31, 1991.
|
|
By its own admission, NSA not only urged the adoption of the DSS -- it
|
|
actually "provided" the standard to NIST.
|
|
|
|
The development of the DSS is the first real test of the
|
|
effectiveness of the Computer Security Act. If, as appears to be the
|
|
case, NSA was able to develop the standard without regard to
|
|
recommendations of NIST, then the intent of the Act has clearly been
|
|
undermined.
|
|
|
|
Congress' intent that the standard-setting process be open to
|
|
public scrutiny has also been frustrated. Given the role of NSA in
|
|
developing the DSS, and NIST's refusal to open the process to
|
|
meaningful public scrutiny, the public's ability to monitor the
|
|
effectiveness of the Computer Security Act has been called into
|
|
question.
|
|
|
|
On a related point, we should note that the National Security
|
|
Agency also exercised its influence in the development of an important
|
|
standard for the digital cellular standards committee. NSA's
|
|
influence was clear in two areas. First, the NSA ensured that the
|
|
privacy features of the proposed standard would be kept secret. This
|
|
effectively prevents public review of the standard and is contrary to
|
|
principles of scientific research.
|
|
|
|
The NSA was also responsible for promoting the development of a
|
|
standard that is less robust than other standards that might have been
|
|
selected. This is particularly problematic as our country becomes
|
|
increasingly dependent on cellular telephone services for routine
|
|
business and personal communication.
|
|
|
|
Considering the recent experience with the DSS and the digital
|
|
cellular
|
|
|
|
standard, we can anticipate that future NSA involvement in the
|
|
technical standards field will produce two results: (1) diminished
|
|
privacy protection for users of new communications technologies, and
|
|
(2) restrictions on public access to information about the selection
|
|
of technical standards. The first result will have severe
|
|
consequences for the security of our advanced communications
|
|
infrastructure. The second result will restrict our ability to
|
|
recognize this problem.
|
|
|
|
However, these problems were anticipated when Congress first
|
|
considered the possible impact of President Reagan's National Security
|
|
Decision Directive on computer security authority, and chose to
|
|
develop legislation to promote privacy and security and to reverse
|
|
efforts to limit public accountability.
|
|
|
|
National Security Directive 42
|
|
|
|
Congressional enactment of the Computer Security Act was a
|
|
response to President Reagan's issuance of National Security Decision
|
|
Directive ("NSDD") 145 in September 1984. It was intended to reverse
|
|
an executive policy that enlarged classification authority and
|
|
permitted the intelligence community broad say over the development of
|
|
technical security standards for unclassified government and
|
|
non-government computer systems and networks. As noted in the
|
|
committee report, the original NSDD 145 gave the intelligence
|
|
community new authority to set technical standards in the private
|
|
sector:
|
|
|
|
[u]nder this directive, the Department of Defense (DOD)
|
|
was given broad new powers to issue policies and
|
|
standards for the safeguarding of not only classified
|
|
information, but also other information in the civilian
|
|
agencies and private sector which DOD believed should be
|
|
protected. The National Security Agency (NSA), whose
|
|
primary mission is one of monitoring foreign
|
|
communications, was given the responsibility of
|
|
managing this program on a day-to-day basis.
|
|
|
|
H. Rep. No. 153 (Part 2), 100th Cong., 1st Sess. 6 (1987). The
|
|
legislation was specifically intended to override the Presidential
|
|
directive and to "greatly restrict these types of activities by the
|
|
military intelligence agencies ... while at the same time providing a
|
|
statutory mandate for a strong security program headed up by [NIST], a
|
|
civilian agency." Id. at 7.
|
|
|
|
President Bush issued National Security Directive ("NSD") 42 on
|
|
July 5, 1990. On July 10, 1990, Assistant Secretary of Defense Duane
|
|
P. Andrews testified before the House Subcommittee on Transportation,
|
|
Aviation, and Materials on the contents of the revised NSD. The
|
|
Assistant Secretary stated that the "the new policy is fully compliant
|
|
with the Computer Security Act of 1987 (and the Warner Amendment) and
|
|
clearly delineates the responsibilities within the Federal Government
|
|
for national security systems."
|
|
|
|
On August 27, 1990, CPSR wrote to the Directorate for Freedom of
|
|
Information of the Department of Defense and requested a copy of the
|
|
revised NSD, which had been described by an administration official at
|
|
the July hearing but had not actually been disclosed to the public.
|
|
CPSR subsequently sent a request to the National Security Council
|
|
seeking the same document. When both agencies failed to reply in a
|
|
timely fashion, CPSR filed suit seeking disclosure of the Directive.
|
|
CPSR v. NSC, et al., Civil Action No. 91-0013-TPJ (D.D.C.).
|
|
|
|
The Directive, which purports to rescind NSDD 145, was recently
|
|
disclosed as a result of this litigation CPSR initiated against the
|
|
National Security Council.
|
|
|
|
The text of the Directive raises several questions concerning the
|
|
Administration's compliance with the Computer Security Act:
|
|
|
|
1. The new NSD 42 grants NSA broad authority over "national security
|
|
systems." This phrase is not defined in the Computer Security Act and
|
|
raises questions given the expansive interpretation of "national security"
|
|
historically employed by the military and intelligence agencies and the
|
|
broad scope that such a term might have when applied to computer
|
|
systems within the federal government.
|
|
|
|
If national security now includes international economic activity, as
|
|
several witnesses at your hearings suggested, does NSD 42 now grant NSA
|
|
computer security authority in the economic realm? Such a result would
|
|
clearly contravene congressional intent and eviscerate the distinction
|
|
between civilian and "national security" computer systems.
|
|
|
|
More critically, the term "national security systems" is used
|
|
throughout the document to provide the Director of the National
|
|
Security Agency with broad new authority to set technical standards.
|
|
Section 7 of NSD 42 states that the Director of the NSA, as "National
|
|
Manager for National Security Telecommunications and Information
|
|
Systems Security," shall
|
|
|
|
* * *
|
|
|
|
c. Conduct, *approve*, or endorse research and
|
|
development of techniques and equipment to secure
|
|
national security systems.
|
|
|
|
d. Review and *approve* all standards, techniques,
|
|
systems, and equipment, related to the security of
|
|
national security systems.
|
|
|
|
* * *
|
|
|
|
h. Operate a central technical center to evaluate and
|
|
*certify* the security of national security
|
|
telecommunications and information systems.
|
|
|
|
(Emphasis added)
|
|
|
|
Given the recent concern about the role of the National Security
|
|
Agency in the development of the Digital Signature Standard, it is our
|
|
belief that any standard-setting authority created by NSD 42 should
|
|
require the most careful public review.
|
|
|
|
2. NSD 42 appears to grant the NSA new authority for information
|
|
security. This is a new area for the agency; NSA's role has
|
|
historically been limited to communications security. Section 4 of
|
|
the directive provides as follows:
|
|
|
|
The National Security Council/Policy Coordinating
|
|
Committee (PCC) for National Security Telecommuni-
|
|
cations, chaired by the Department of Defense, under the
|
|
authority of National Security Directives 1 and 10,
|
|
assumed the responsibility for the National Security
|
|
Telecommunications NSDD 97 Steering Group. By
|
|
authority of this directive, the PCC for National Security
|
|
Telecommunications is renamed the PCC for National
|
|
Security Telecommunications and Information Systems,
|
|
and shall expand its authority to include the
|
|
responsibilities to protect the government's national
|
|
security telecommunications and information systems.
|
|
|
|
(Emphasis added).
|
|
|
|
Thus, by its own terms, NSD 42 "expands" DOD's authority to
|
|
include "information systems." What is the significance of this new
|
|
authority? Will it result in military control of systems previously
|
|
deemed to be civilian?
|
|
|
|
3. NSD 42 appears to consolidate NSTISSC (The National Security
|
|
Telecommunications and Information Systems Security Committee)
|
|
authority for both computer security policy and computer security
|
|
budget determinations.
|
|
|
|
According to section 7 of the revised directive, the National
|
|
Manager for NSTISSC shall:
|
|
|
|
j. Review and assess annually the national security
|
|
telecommunications systems security programs and
|
|
budgets of Executive department and agencies of the U.S.
|
|
Government, and recommend alternatives, where
|
|
appropriate, for the Executive Agent.
|
|
|
|
NSTISSC has never been given budget review authority for federal
|
|
agencies. This is a power, in the executive branch, that properly
|
|
resides in the Office of Management and Budget. There is an
|
|
additional concern that Congress's ability to monitor the activities
|
|
of federal agencies may be significantly curtailed if this NSTISSC, an
|
|
entity created by presidential directive, is permitted to review
|
|
agency budgets in the name of national security.
|
|
|
|
4. NSD 42 appears to weaken the oversight mechanism established
|
|
by the Computer Security Act. Under the Act, a Computer Systems
|
|
Security and Privacy Advisory Board was established to identify
|
|
emerging issues, to inform the Secretary of Commerce, and to report
|
|
findings to the Congressional Oversight Committees. Sec. 3, 15 U.S.C.
|
|
Sec. 278g-4(b).
|
|
|
|
However, according to NSD 42, NSTISSC is established "to consider
|
|
technical matters and develop operating policies, procedures,
|
|
guidelines, instructions, and standards as necessary to implement
|
|
provisions of this Directive." What is the impact of NSTISSC
|
|
authority under NSD 42 on the review authority of the Computer Systems
|
|
Security and Privacy Advisory Board created by the Computer Security
|
|
Act?
|
|
|
|
Conclusion
|
|
|
|
Five years after passage of the Computer Security Act, questions
|
|
remain about the extent of military involvement in civilian and
|
|
private sector computer security. The acknowledged role of the
|
|
National Security Agency in the development of the proposed Digital
|
|
Signature Standard appears to violate the congressional intent that
|
|
NIST, and not NSA, be responsible for developing security standards
|
|
for civilian agencies. The DSS experience suggests that one of the
|
|
costs of permitting technical standard setting by the Department of
|
|
Defense is a reduction in communications privacy for the public. The
|
|
recently released NSD 42 appears to expands DOD's security authority
|
|
in direct contravention of the intent of the Computer Security Act,
|
|
again raising questions as to the role of the military in the nation's
|
|
communications network.
|
|
|
|
There are also questions that should be pursued regarding the
|
|
National Security Agency's compliance with the Freedom of Information
|
|
Act. Given the NSA's increasing presence in the civilian computing
|
|
world, it is simply unacceptable that it should continue to hide its
|
|
activities behind a veil of secrecy. As an agency of the federal
|
|
government, the NSA remains accountable to the public for its
|
|
activities.
|
|
|
|
We commend you for opening a public discussion of these important
|
|
issues and look forward to additional hearings that might address the
|
|
questions we have raised.
|
|
|
|
|
|
Sincerely,
|
|
|
|
|
|
|
|
Marc Rotenberg,
|
|
Director
|
|
CPSR Washington Office
|
|
|
|
------------------------------
|
|
|
|
End of Computer Underground Digest #4.38
|
|
************************************
|
|
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