Date: Thu, 26 Mar 92 18:05:58 -0800

Date: Thu, 26 Mar 92 18:05:58 -0800
From: Jim Warren <[email protected]>
Subject: File 10--Electronic CivLib - model candidate's statement & ideas

This concerns practical efforts to assure that traditional
consteitutional rights and protections remain clearly guaranteed, even
in the context of modern technology -- in the "Information Age" and
across the "Electronic Frontier."

For this 1992 election-year, the following offers possible models
for do-it-yourself citizen-based political action. Please "copy, post
and circulate" this 3-part document wherever and to whomever you wish.
Please feel free to modify Parts 2 and 3 however you wish -- over your
own signature. After all, freedom always *has* been a do-it-yourself
project.

This introduction is PART-1 of three parts.

PART-2 provides a model cover-letter & facts you might use:
1. First, it *briefly* mentions the electronic civil liberties issues.
2. Its next part is intended to get the attention of a candidate and/or
their campaign staff by illustrating cheap, effective net communications.
3. The next part illustrates that a great number of people (candidate-
translation: "voters") are involved.
4. *Very important*: It outlines our ability to communicate with masses
of people/voters -- at little or no cost.
5. Equally important -- it requests *specific commitment to act* from a
candidate.
6. It offers a matching commitment to publicize their position.

PART-3 is a model candidate's statement committing to specific action.
Note: All successful politicians have mastered the art of
*sounding* like they are supportive of the hundreds or thousands of
causes and pleas that are urged upon them. Good-sounding,
vaguely-supportive statements are worth virtually nothing. Anything
less than their issuing a public position statement committing to
explicit action must be considered as meaningless.

Election season is the one time when we have our best chance at
efficient and effective citizen action. All it takes is time and effort.
(And, I walk it like I talk it -- I have forwarded customized versions of
the cover-letter and model-statement to several state and federal candidates
-- all of whom are seeking re-election or election to higher office.)
I would be happy to help others working on these issues, time permitting.

The more people who send this cover letter and model statement to
candidates -- and phone campaign headquarters and ask questions at
candidates' forums; the more sensitized they will become to this
constituency and these fundamental issues of a free society.
Speak and write, now; speak and write, often.
"The price of freedom ..."

--Jim Warren, Electronic Civil Liberties Initiative,
345 Swett Road, Woodside CA 94062; fax/415-851-2814
email/ [email protected]
[ For identification purposes only: organizer/chair of First Conference on
Computers, Freedom & Privacy (1991), first-year recipient of Electronic
Frontier Foundation Pioneer Award (1992), MicroTimes contributing editor &
columnist, Autodesk Board of Directors member, founding of InfoWorld,
founding editor of Dr. Dobb's Journal, past chair of ACM, SIGMICRO and
SIGPLAN chnapters, etc., blah blah blah. ]

=============== PART-2, MODEL COVER-LETTER TO CANDIDATE(S) ================

Dear [candidate],

A growing percentage of the 12-16 million people who are "online" --
using networked computers -- are expressing increasing concern about
protecting traditional civil liberties and personal privacy in the
"Information Age." (People are "coming online" at a rate much faster than
the explosive growth of personal computing since they began in the mid-'70s.)

As we use networked computers for electronic-mail, teleconferencing
and information exchange, they are reporting rapidly-increasing threats to
electronic "speech," "press," "assembly," personal security and privacy.

For instance: In 1990, a single notice sent out across computer
nets prompted 30,000 complaints about Lotus Corporation's plans to
sell personal data on 20-million consumers. Lotus quickly withdrew
their "Marketplace" product before sales ever began.

Or: In Spring, 1991, a single message sent into the computer nets
prompted thousands of complaints to Senators Biden and DeConcini. It
concerned legislation they had introduced, reportedly requested by the
FBI via Senator Thurmond, that would have crippled secure voice and
data communications for U.S. citizens and business. The Senators
withdrew the proposal with three weeks of the net-circulated note.

How many voters are involved?

Almost all users are adults. Most are well-educated. Most have
upscale incomes. Most have significant discretion for spending and
contributions.

Recent published research indicates there are about 14.2-million
people sharing 1.3-million "host" computers on the "Internet." This
includes about 960,000 people using more than 12,000 home/personal
computers as shared BBSs -- networked electronic "bulletin board
systems." These offer free or almost-free teleconferencing and
electronic-mail. [Matrix News, Feb., 1992, 1120 S. Capitol-of-Texas
Hwy., Bldg. 2-300, Austin, TX 78746.]

(In addition, there are also the commercial systems such as
CompuServe, Prodigy, GEnie and MCImail -- but they have only several
million users and are very costly in comparison to the much larger

Internet computer matrix.) Mass-discussions of freedom and privacy
concerns are escalating.

Almost-instant mass-circulated online "newspapers" and "news-groups"
plus numerous popular teleconferences increasingly carry reports of
electronic civil-liberties and privacy concerns. Credit-data abuses,
covert employer surveillance, corporate espionage, seizure of
electronic publications, searches of entire electronic post offices,
and government opposition to secure communications are greatly
escalating these concerns.

These issues are rapidly penetrating the public press and
television. Example: The First Conference on Computers, Freedom and
Privacy (1991), prompted well in excess of 80 pages of press,
including the New York Times, Los Angeles Times, Wall Street Journal
Time Magazine, Business Week, Scientific American, Germany's Der
Spiegel, etc.. [For copies, contact CFP#1 chair, Jim Warren, 345
Swett Road, Woodside CA 94062; 415-851-7075.]

Functionally-free, almost-instantaneous mass communication is
available.

It is trivial for anyone to "broadcast" comments or information
across the nets to thousands of people, almost immediately and for
free or perhaps costing $15-$20/month. Over a million people read
news-groups in USENET, which is just one of thousands of electronic
"newspapers."

And, system-owners and system-operators -- those often most-deeply
concerned about these civil liberties, privacy and content-liability issues
-- can have every user of their system receive whatever message they choose,
perhaps only once, or perhaps every time each person logs-in. Without cost.
Various of these "sysops" are agreeing to inform every one of their users --
often numbering in the thousands -- about candidates who commit to act to
protect civil liberties and privacy against new, technology-based threats.

We ask for your commitment.

A number of people who are well-known across this huge network are
asking candidates to commit to specific action, to make clear that
constitutional protections unquestionably apply across this new
"electronic frontier." We ask that you issue a formal position
statement, committing to act on these matters. (We recognize that an
informal statement of general principles is of minimal value without
specifics or commitment to action.)

We ask that you commit to protecting Constitutional freedoms,
regardless of technology. Enclosed is a "model" that you might use as
a starting point. (It illustrates some of the issues that many people
feel are most important.)

Commitment is reciprocal. If you commit to act, we will promptly
broadcast it far and wide across this massive, high-speed network.
And, if your opponent(s) avoid explicit commitment -- by specific
refusal or simply by inaction -- we will publicize that with equal
vigor.

Additionally, some of us are prepared to assist committed
candidates to publicize/discuss all of their positions and issues (not
just these online issues) via this free, fast, pervasive mass-medium.

And finally, candidates who address these issues first can
generate notice in the public press and television -- especially re
protecting freedom of speech, press, assembly and personal privacy.
Numerous reporters have covered these issues, to say nothing of the
300-400 computer trade periodicals. Some of us have lists of lay and
trade reporters interested in these issues and would be happy to
assist in publicizing your commitment.

I appreciate your attention to these comments and requests, and look
forward to your timely reply.

<<signature & affiliation, if any>>

=================== PART-3, MODEL CANDIDATE'S STATEMENT ====================

Guaranteeing Constitutional Freedoms into the 21st Century

Preface

Harvard Law Professor Laurence H. Tribe, one of the nation's
leading Constitutional scholars, views technological threats to our
traditional constitutional freedoms and protections as so serious that --
for the first time in his career -- he has proposed a Constitutional
Amendment:

"This Constitution's protections for the freedoms of speech, press,
petition and assembly, and its protections against unreasonable searches and
seizures and the deprivation of life, liberty or property without due
process of law, should be construed as fully applicable without regard to
the technological method or medium through which information content is
generated, stored, altered, transmitted or controlled."

-- First Conf. on Computers, Freedom & Privacy, 3/27/91, Burlingame CA

In the absence of such a constitutional clarification, legislation
and regulation are the only alternatives to assure that citizens are
protected from technological threats against their constitutional
rights and freedoms.

Candidate's Commitment to Action
(model statement)

Preface: It has been over two centuries since our Constitution and Bill
of Rights were adopted. The great technological changes in the interim --
especially in computing, telecommunications and electronics -- now pose a
clear and present danger to the rights and protections guaranteed in those
great documents. Therefore:

Commitment: In the first legislative session after I am
[re]elected, I will author or co-author legislation reflecting the
following specifics, and I will actively support and testify in favor
of any similar legislation as may be introduced by others. Further, I
will actively seek to include in such legislation, explicit personal
civil and/or criminal penalties against any agent, employee or
official of the government who violates any of these statutes. And
finally, I will keep all citizens who express interest in legislative
progress on these matters fully and timely informed.

The protections guaranteed in the Constitution and its Amendments
shall be fully applicable regardless of the current technology of the
time. This particularly includes, but is not limited to:

Speech: Freedom of speech shall be equally protected, whether by
voice or in written form as in the 18th Century, or by electronic
transmission or computer communication as in the 20th Century and
thereafter.

Press: Freedom of the press shall be equally protected, whether
its information is distributed by print as in the 18th Century, or by
networked computers or other electronic forms, as in the 20th Century
and thereafter. Liability for content: Just as a printer is not
liable for content of leaflets printed for a customer, so also shall
the owner or operator of a computer or electronic or
telecommunications facility be held harmless for the content of
information distributed by users of that facility, except as
the owner or operator may, by contract, control information content.
Those who author statements and those who have contractual authority
to control content shall be the parties singularly responsible for
such content.

Assembly: Freedom of assembly shall be equally protected, whether
by face-to-face meeting as in the 18th Century, or by computer-based
electronic-conference or other teleconference as in the 20th Century
and thereafter. The right to hold confidential meetings shall be
equally protected, whether they be by personal meeting in private
chambers, or by computer-assisted or electronic-based means.

Self-defense: The right of the people to keep and use computers
and communications connections shall not be abridged by the
government.

Search & seizure: The right of the people to be secure in their
papers and effects, against unreasonable searches and seizures, shall
be fully applicable to their electronic mail, computerized information
and personal computer systems.

Warrants: No warrants for search or seizure shall issue for
computerized information, but upon probable cause, supported by oath
or affirmation, and particularly describing the computer system to be
searched and the specific information to be seized.

Secure information vaults: Just as search and seizure of letters in a
post-office, and papers in a bank-vault lock-box, and surveillance of
telephone conversations by wire-tap, each require a separate warrant
for each postal address, lock-box and telephone line, so also shall a
separate warrant be required for each electronic-mail address and/or
computer files of each suspect, when stored in a computer facility or
archive shared by others. And further, computer files stored in a
shared facility or archive by or for a citizen who is neither named in
a warrant nor associated with a suspect so-named, may not be used
against that un-named citizen, if seized or discovered during legal
search of or for files of a suspect.

Self-incrimination: No person shall be compelled in any civil or
criminal case to be a witness against himself or herself, nor be
compelled to provide information retained only in their mind, nor
otherwise be compelled to assist the translation or decoding of
information that he or she believes may be self-incriminating.

Property: Private property shall not be taken for public use
without just compensation, nor shall such property be used nor sold by
any government agency for less than fair market value, in which case
all such proceeds shall promptly derive singularly to its last owner
prior to government seizure.

Speedy release: Anyone not accused of a crime shall enjoy the
right to a speedy release and return of all of their property, as may
be seized under any warrant, particularly including their computerized
information. The government shall be fully liable for any damage
befalling property or information they have seized.

[signed] _______________________ ______________ [date] _________________
_________________________ [please print or type]
_________________________ title / current office / office sought
_________________________ address
_________________________
_________________________
_________________________ campaign-office voice-phone number
_________________________ campaign-office fax number
_________________________ campaign-office electronic-mail address

[ Additional copies of this model candidate's position commitment are
available from: Jim Warren, Electronic Civil Liberties Initiative,
345 Swett Road, Woodside CA 94062; (415)851-7075, fax/(415)851-2814;
electronic-mail/ [email protected] -or-
[email protected] . 3/26/92
For identification purposes, only, Warren was the Chair of the First
Conference on Computers, Freedom & Privacy held in March, 1991, is a
Contributing Editor for MicroTimes and is a member of the Board of Directors
of Autodesk, one oief the nation's half-dozen largest software companies.]

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