========================================================================= ________________ _______________ _______________ /_______________/\ /_______________\ /\______________\ \\\\\\\\\\\\\\\\\/ ||||||||||||||||| / //////////////// \\\\\________/\ |||||________\ / /////______\ \\\\\\\\\\\\\/____ |||||||||||||| / ///////////// \\\\\___________/\ ||||| / //// \\\\\\\\\\\\\\\\/ ||||| \//// ========================================================================= EFFector Online Volume 08 No. 05 May 11, 1995 editors@eff.org A Publication of the Electronic Frontier Foundation ISSN 1062-9424 In This Issue: State Dept. Responds to Bernstein/EFF Crypto Export Suit Karn to Sue State Dept. Over ITAR First Amendment Violations New Features at EFFweb - Govt. Server Index, Forsale/Wanted Calendar of Events Quote of the Week What YOU Can Do * See http://www.eff.org/Alerts/ or ftp.eff.org, /pub/Alerts/ for more information on current EFF activities and online activism alerts! * ---------------------------------------------------------------------- Subject: State Dept. Responds to Bernstein/EFF Crypto Export Suit ----------------------------------------------------------------- On May 1, 1995, the government filed its answer to the Plaintiff's complaint in Bernstein v. State Dept. That case, filed on March 23 by Dan Bernstein and sponsored by EFF, challenges the government's classification of encryption as a munition and controlling export of cryptographic items as being an unconstitutional prior restraint on speech. The only surprise regarding the government's response is that DoS didn't attempt to delay filing. The answer alleges that the court has no jurisdiction to hear issues of national security, that individual defendants should be dismissed since they were acting within the scope of their authority, and that we failed to exhaust all administrative remedies. The government agencies also "have been unable to locate a copy of the September 22, 1993, letter [from Bernstein]...or confirm that an appeal was submitted...." Since Bernstein is claiming that their failure to respond to that appeal is evidence of the uselessness of the administrative appellate process, they're probably frantically searching for that important document as you read this. The State Dept. answer (and other case documents) are on our site at: http://www.eff.org/pub/Privacy/ITAR_export/Bernstein_case/ gopher.eff.org, 1/EFF/Privacy/ITAR_export/Bernstein_case ftp.eff.org, /pub/Privacy/ITAR_export/Bernstein_case/ Warning, of sorts: The State Dept.'s answer is a document of very thick legalese (even the attorneys working on Bernstein's behalf consider it extremely dull.) ------------------------------ Subject: Karn to Sue State Dept. Over ITAR First Amendment Violations --------------------------------------------------------------------- Below is a letter from Phil Karn's attorneys to the Department of State warning that Karn will file suit against State if it does not favorably and immediately respond in his pending appeal. Karn, since 1993, has been attempting to seek export approval of a diskette of cryptographic sourcecode created as a supplement to Bruce Schneier's _Applied_Cryptography_ book. Though the book is exportable, and the diskette contains nothing but an exact duplication of code already in the book, Karn's Commodity Jurisdiction Request has been repeatedly denied. The Administration maintains, unbelievably, that the source code is somehow *not* the same, but that its translation to "machine-readable format" somehow imbues it with "value-added" qualities, as if by magic. [One surmises State may not have heard of scanners and manual typing, which render any text "machine-readable."] More documents from the Karn case can be found at: http://www.eff.org/pub/Privacy/ITAR_export/Karn_Schneier_export_case/ gopher.eff.org 1/EFF/Privacy/ITAR_export/Karn_Schneier_export_case ftp.eff.org, /pub/Privacy/ITAR_export/Karn_Schneier_export_case/ ******* April 28, 1995 Mr. Thomas E. McNamara Assistant Secretary Bureau of Political-Military Affairs Room 7325A Department of State Washington, DC 20520 Dear Mr. McNamara: On December 5, 1994, we wrote on behalf of our client, Mr. Philip R. Karn, Jr. of San Diego, California, to appeal the adverse determination by Deputy Assistant Secretary Martha C. Harris with regard to Mr. Karn's appeal of an determination by the State Department's Office of Defense Trade Controls ("ODTC") in CJ case 081-94. On February 28, 1995, we met with you and representatives of the Department of Justice and the National Security Agency, to provide additional information and explain our position. We have not heard anything more about this appeal since that meeting. All relevant facts are known to the Department and to the interested agencies. While all of us recognize the importance of the issues raised in this case, the issues are neither complex nor analytically difficult. As you know, it has appeared to us and to other observers that the licensing delays that Mr. Karn and others who seek licenses relating to cryptographic materials have experienced fit a pattern of procrastination by federal agencies which appears to be based on the publicly stated policy of the National Security Agency to attempt to deter the further spread of strong cryptography as much as they can, notwithstanding the fact that the technology at stake is already widely available, as documented in our appeal. In short, it continues to appear that NSA is using the tactics of delay and decision-avoidance in an effort to continue to chill the First Amendment activities of Mr. Karn and others interested in cryptography. Mr. Karn has patiently attempted to comply with established procedures throughout this matter. His initial request for a Commodity Jurisdiction determination was filed on March 9, 1994, and was denied by ODTC on May 12, 1994. That adverse decision was appealed to Dr. Harris on June 7, 1994. Dr. Harris affirmed the adverse decision on October 7, 1994. The issues involved had been pending before your department since Mr. Karn filed his 1993 request for a commodity jurisdiction determination on the book, Applied Cryptography. In short, the Executive Branch has had the issue in this case before it for over a year. We have repeatedly been assured that the matter is receiving "high-level attention" and has generated significant inter-agency discussion. The continued delay in rendering a decision in this matter is inexplicable except on the assumption that the Executive Branch intends, by its inaction, to chill the activities of Mr. Karn and others. As you know from our earlier submission, the chilling effects of this system of prior restraints lies at the heart of the constitutional difficulties of the ITAR regime that have been previously identified by the Department of Justice. Please be advised that while we would prefer to obtain a decision on our appeal from your office, we will not continue to wait for an event that apparently will not occur. Mr. Karn has requested that we seek judicial review of this matter not later than June 15, 1995, whether or not your decision has been issued. We will take such action, unless, of course, you render a favorable decision before that time. Cordially, Kenneth C. Bass, III Thomas J. Cooper cc: Phil Karn [end of letter] ------------------------------ Subject: New Features at EFFweb - Govt. Server Index, Forsale/Wanted -------------------------------------------------------------------- EFF's World Wide Web server at http://www.eff.org/ has been upgraded with several recent features: * The EFF Government Server Index at http://www.eff.org/govt.html provides links to hundreds of governmental and government-related servers around the world from state and local information, through US and non-US federal servers, to UN and other multinational governmental bodies' online offerings. Probably the most comprehensive index of its kind, the list is a volunteer effort, and updated frequently. EFF would like to thank Fred Bourgeois for his tireless efforts in maintaining this list. * The For-sale/Wanted Page at http://www.eff.org/forsale.html EFF has some equipment to sell, and is also seeking particular hardware and software. If interested in helping us unload some of this material, or if you or your company would like to donate or provide non-profit discounts on some equipment, many thanks! Donors will be listed on the page if they wish - good advertising! * New Online Activism & Government Index at http://www.eff.org/pub/Activism A sneak preview of the shape of things to come at EFFweb. A complete HTML index of the unique EFF Activism and Government FTP archive has been completed, with links to on-site and off-site relevant resources. Eventually our entire FTP/Gopher/WWW archive will be structured in this manner. State one of the effort is already complete: most of our hundreds of directories now have text 00-INDEX file indexes. The next stages are beginning soon (full descriptions of all files, and finally HTMLizing of all indexes for WWW browsing.) Many other directories also already have HTML partial indexes, and all of the HTML directory indexes can be found quickly from our site-wide Topical Index list at http://www.eff.org/links.html in alphabetical order. * Simpler Archive Structure The FTP and WWW archives have been restructured to make finding the important files you need easier. All directories formerly located under /pub/EFF/Policy/ (a.k.a. /pub/EFF/Issues/) have been moved to /pub/ (for example: http://www.eff.org/pub/EFF/Policy/Privacy/ is now http://www.eff.org/pub/Privacy/; and ftp.eff.org, /pub/EFF/Issues/Legal/ is now ftp.eff.org, /pub/Legal/). This will make it easier to browse our site without missing our most important archives, and also gives you shorter, easier paths and URLs. Note for those browsing from our Welcome Page at http://www.eff.org/ - pick "EFF Document & File Archives", then "EFF WWW-Enhance FTP Archive" to get to http://www.eff.org/pub/ the roundabout way.) Links to the old directory locations are still valid, and will remain valid for several months. ------------------------------ Subject: Calendar of Events --------------------------- This schedule lists EFF events, and those we feel might be of interest to our members. EFF events (those sponsored by us or featuring an EFF speaker) are marked with a "*" instead of a "-" after the date. Simlarly, government events, such as deadlines for comments on reports or testimony submission, are marked with "!" in place of the "-" after the date. If you know of an event of some sort that should be listed here, please send info about it to Stanton McCandlish (mech@eff.org) The latest full version of this calendar, which includes material for later in the year as well as the next couple of months, is available from: ftp: ftp.eff.org, /pub/EFF/calendar.eff gopher: gopher.eff.org, 1/EFF, calendar.eff http://www.eff.org/pub/EFF/calendar.eff Updated: May 11, 1995 1995 ---- May 14- 17 - Interactive95; Anaheim, Calif. "The leading forum for developers and users of multimedia learning technology". Contact: 1-800-348-7246 (voice, US-only), +1 617 393 3344 (voice, elsewhere) May 16 * Networking the World Conf.; Virginia Commonwealth U., Richmond, VA. Legal issues panel includes Shari Steele (EFF) May 17- 20 - National Public Telecomputing Network 1995 Conf. (Free-Net '95); Computing Commons Bldg., ASU, Tempe, Arizona. Includes a session entitled "Laws and Liabilities of Electronic Communities". Email: amq@nptn.org WWW: http://www.nptn.org/ May 22- 24 - ErgoCon '95 - Silicon Valley Ergonomics Conference & Exposition; San Jose, Calif. Contact: Abbas Moallem, +1 408 9244132 (voice), +1 408 924 4153 (fax) May 26- 28 - Virtual Futures 1995; U. of Warwick, Coventry, UK. VF'95 "is an interdisciplinary event that examines the role of cybernetic and specifically dissipative or non-linear models in the arts, sciences, and philosophy. The conference explores the relationship between postmodern philosophy and chaos theory, with topics ranging from: information technology, hypertext and multimedia applications...[to] neural nets, and nanotechnology." Speakers include: Kathy Acker, Hakim Bey, Richard Kadrey, Manuel DeLanda, Alan Sondheim and many more. Deadline for proposals: Mar. 1 '95. Contact: +44 0203 523523 x2582 (voice), +44 0203 523019 (fax) Email: virtual-futures@warwick.ac.uk May 31 - Deadline for paper submissions, 11th Ann. Computer Security Applications Conference (see Dec. 11, below). June 4- 6 - Cyber.Xpo.95; Sahara Hotel, Las Vegas, Nevada; sponsored by _Sysop_News_. Seminar sessions & tradeshow. Contact: +1 614 452 4541 (voice) June 5- 6 ! 5th Annual "U.S. Copyright Office Speaks" Seminar (West Coast); the Beverly Hilton, Los Angeles, Calif. Topics include: inside look at New Register's agenda, analysis of NII legislation, ACCORD update, & international developments. (See May 1-2 for East Coast event.) Contact: +1 201 894 8260 (voice) June 7- 9 - Third International Conference on Artificial Intelligence Applications on Wall Street; Pace University, New York City, NY. Contact: +1 914 763 8820 (voice), +1 914 763 9324 (fax) Email: satwell@mcimail.com June 8- 10 - Exploring the VideoClass Alternative; Raleigh, N. Carolina. Email: tom_russell@nsu.edu June 11- 14 - Society & the Future of Computing (SFC'95); Tamarron Lodge, Durango, Colorado. Sponsored by the Assoc. for Computing Machinery, LANL, U. of Md., IEEE. Speakers will include Phil Agre (UCSD), Leslie Sandberg (Institute for Telemedicine), Wm. Halverson (PacBell), Don Norman (Apple), Linda Garcia (Congressional Office of Technology Assessment), John Cherniavsky (Natl. Science Found.) and several others. Email: sfc95@lanl.gov WWW: http://www.lanl.gov/LANLNews/Conferences/.sfc95/sfcHome.html/ June 13- 15 - IDT 95 - 12th Congress on Information Markets and Industries; Paris, France. Organized by ADBS (a society of information professionals), ANRT (National Association of Technological Research), and GFII (French association of information industries). Contact: +33 1 43 72 25 25 (voice), +33 1 43 72 30 41 (fax) June 17- 19 - NECC'95: Emerging Technologies and Lifelong Learning: 16th Annual National Educational Computing Conf., sponsored by International Society for Technology in Education; Baltimore, Maryland. VP Gore and Sec'y. of Labor Robert Reich invited as keynote speakers. Other speakers include: John Phillipo (CELT), Frank Knott (MGITB) Contact: +1 503 346 2834 (voice), +1 503 346 5890 (fax) Email: necc95@ccmail.uoregon.edu June 18- 21 - ED-MEDIA'95; Graz, Austria. A world conference on educational multimedia and hypermedia. Sponsor: The Association for the Advancement of Computing. Contact: +1 804 973 3987 (voice) Email: aace@virginia.edu. June 24- 28 - Workshop on Ethical & Professional Issues in Computing; Rensselaer Polytechnic Inst., Troy, NY. Deadline for submissions: Apr. 15. Contact: +1 518 276 8503 (voice), +1 518 276 2659 (fax) Email: cherkt@rpi.edu June 27- 29 - Women in Technology Conference: Channels for Change; Santa Clara Conv. Ctr., Santa Clara, Calif. Speakers include: Gloria Steinem. Sponsored by Int'l. Network of Women in Technology (WITI). Contact: +1 818 990 1987 (voice), +1 818 906 3299 (fax) Email: witi@crl.com June 28- 30 - INET '95 Internet Society 5th Ann. International Networking Conf.; Honolulu, Hawaii. Sponsored by Internet Society (ISoc). See Jan. 13 for proposal deadline Contact: +1 703 648 9888 (voice) FTP: ftp.isoc.org, /isoc/inet95/ Gopher: gopher.isoc.org, 1/isoc/inet95 WWW: http://www.isoc.org/inet95.html Email: inet95@isoc.org ------------------------------ Subject: Quote of the Week -------------------------- "I think there are certainly going to be lots of debates about the Internet. My hunch is that the First Amendment rights are going to prevail, and that in fact this is an astonishingly free country and pretty much intends to remain that way, and the Internet will just be one more expression of our freedom... I think [with encryption] you have a different set of questions. I think clearly no American wants terrorists to be able to have a level of secrecy which enables them to organize ways of killing people, on the other hand people do want the right to confidentiality. I think that is a very...that is going to take some time to explore." - Speaker of the US House of Representatives Newt Gingrich in response to questions about free speech and crypto by Jeff Ubois at the opening ceremony for the Smithsonian institution WWW site, May 1995. Disagree with Newt? Think encryption is the 'same question' - a matter of privacy and free speech? Join EFF! ------------------------------ Subject: What YOU Can Do ------------------------ * ITAR Export Restrictions on Encryption The U.S. International Traffic in Arms Regulations classify encryption algorithms and products as "munitions" (weapons of war), and the State Department and NSA thereby restrict distribution of encryption technology - technology vital to the networking security and your personal privacy. Companies making encryption products are forced to produce good versions for domestic use and crippled versions for export. Or, more likely, to simply produce a crippled version, since maintaining two versions is often prohibitively expensive. The ITAR export controls are the primary ace in the hole the Administration is using to push key "escrow" schemes such as Clipper. Help EFF defeat the unconstitutional ITAR crypto export restrictions but supporting the EFF Cyberspace Legal Defense Fund, the fund fuelling the Bernstein v. Dept. of State case. For more information, see: http://www.eff.org/pub/Alerts/cyberlegal_fund_eff.announce gopher.eff.org, 1/Alerts, cyberlegal_fund_eff.announce ftp.eff.org, /pub/Alerts/cyberlegal_fund_eff.announce * The Exon Bill (Communications Decency Act) The Communications Decency Act poses serious threats to freedom of expression online, and to the livelihoods of system operators. The legislation also undermines several crucial privacy protections. Business/industry persons concerned should alert their corporate govt. affairs office and/or legal counsel. Everyone should write to their own Senators and ask them to oppose this bill. Explain, quickly and clearly, why this bill is dangerous, and urge efforts to stop this legislation or remove it from the larger bill it is a part of. S.652, the Senate telecom deregulation bill, now contains Sen. Exon's "Communications Decency Act" (formerly S.314.) The House version, even more dangerous to system operators, is H.R.1004. For more information on what you can do to help stop this dangerous legislation, see: ftp.eff.org, /pub/Alerts/s314_hr1004_s652.alert gopher.eff.org, 1/Alerts, s314_hr1004_s652.alert http://www.eff.org/pub/Alerts/ If you do not have full internet access, send a request for this action alert to ask@eff.org. * Find Out Who Your Congresspersons Are Writing letters to, faxing, and phoning your representatives in Congress is one very important strategy of activism, and an essential way of making sure YOUR voice is heard on vital issues. EFF has lists of the Senate and House with contact information, as well as lists of Congressional committees. These lists are available at: ftp.eff.org, /pub/Activism/Congress_cmtes/ gopher.eff.org, 1/EFF/Issues/Activism/Congress_cmtes http://www.eff.org/pub/Activism/Congress_cmtes/ The full Senate and House lists are senate.list and hr.list, respectively. Those not in the U.S. should seek out similar information about their own legislative bodies. EFF will be happy to archive any such information provided. * Join EFF! You *know* privacy, freedom of speech and ability to make your voice heard in government are important. You have probably participated in our online campaigns and forums. Have you become a member of EFF yet? The best way to protect your online rights is to be fully informed and to make your opinions heard. EFF members are informed and are making a difference. Join EFF today! For EFF membership info, send queries to membership@eff.org, or send any message to info@eff.org for basic EFF info, and a membership form. ------------------------------ Administrivia ============= EFFector Online is published by: The Electronic Frontier Foundation 1667 K St. NW, Suite 801 Washington DC 20006-1605 USA +1 202 861 7700 (voice) +1 202 861 1258 (fax) +1 202 861 1223 (BBS - 16.8k ZyXEL) +1 202 861 1224 (BBS - 14.4k V.32bis) Membership & donations: membership@eff.org Legal services: ssteele@eff.org Hardcopy publications: pubs@eff.org General EFF, legal, policy or online resources queries: ask@eff.org Editor: Stanton McCandlish, Online Services Mgr./Activist/Archivist (mech@eff.org) This newsletter printed on 100% recycled electrons. Reproduction of this publication in electronic media is encouraged. Signed articles do not necessarily represent the views of EFF. To reproduce signed articles individually, please contact the authors for their express permission. Press releases and EFF announcements may be reproduced individ- ually at will. To subscribe to EFFector via email, send message body of "subscribe effector-online" (without the "quotes") to listserv@eff.org, which will add you to a subscription list for EFFector. Back issues are available at: ftp.eff.org, /pub/EFF/Newsletters/EFFector/ gopher.eff.org, 1/EFF/Newsletters/EFFector http://www.eff.org/pub/EFF/Newsletters/EFFector/ To get the latest issue, send any message to effector-reflector@eff.org (or er@eff.org), and it will be mailed to you automagically. You can also get the file "current" from the EFFector directory at the above sites at any time for a copy of the current issue. HTML editions available at: http://www.eff.org/pub/EFF/Newsletters/EFFector/HTML/ at EFFweb. ------------------------------ End of EFFector Online v08 #05 Digest ************************************* $$