PRIVACY Forum Digest       Sunday, 26 September 1993       Volume 02 : Issue 31

         Moderated by Lauren Weinstein ([email protected])
           Vortex Technology, Woodland Hills, CA, U.S.A.

                    ===== PRIVACY FORUM =====

         The PRIVACY Forum digest is supported in part by the
             ACM Committee on Computers and Public Policy.


CONTENTS
       Re: consciousness and the DMV (Darren Senn)
       DES is a dead dog... (Alan Wexelblat)
       CPSR Alert 2.01 (Dave Banisar) [Extracts by MODERATOR]
       Recent Journal Articles on Computers and Privacy? (Bruce Jones)
       Wiretap Article (Dorothy Denning)


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VOLUME 02, ISSUE 31

  Quote for the day:

       "Uh, just one more thing..."

               -- Variations on this line were spoken
                  by Columbo (Peter Falk) in virtually
                  every episode of "Columbo" (1971-1978, 1989-1990).

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Date:    Mon, 30 Aug 1993 08:32:38 -0800 (PDT)
From:    [email protected] (Darren Senn)
Subject: Re: consciousness and the DMV

Thus spake Mel Beckman:
> [...] While there may be isolated
> cases of abuse, as there are with most every law, the problem is not the law
> but individuals who overstep their authority.

I disagree.  The problem definately _is_ with the law.  To be specific,
paragraphs (a) and (f) are the problem:

> From:    Henry Unger <[email protected]>
[...]
>      (a) [...] However, if a
> physician and surgeon reasonably and in good faith believes that
> the reporting of a patient will serve the public interest, he or
> she may report a patient's condition even if it may not be
> required under the state department's definition of disorders
> characterized by lapses of consciousness pursuant to subdivision
> (d).
[...]
>      (f) A physician and surgeon who reports a patient diagnosed
> as a case of a disorder characterized by lapses of consciousness
> pursuant to this section shall not be civilly or criminally
> liable to any patient for making any report required or
> authorized by this section. (Amended by Stats 1987 ch 321 S1;
 ^^^^^^^^^^
> Stats 1990 ch 911 S2, eff. 1/1/91.)

These two prevent any recourse on the part of the patient for dealing with
these overenthusiastic medical staffs.

--
Darren Senn          Phone: (408) 988-2640      Snail: 620 Park View Drive #206
[email protected]                       Santa Clara, CA 95054

------------------------------

Date:    Wed, 8 Sep 93 13:13:12 -0400
From:    "Alan (Gesture Man) Wexelblat" <[email protected]>
Subject: DES is a dead dog...

> From: Philip Zimmermann <[email protected]>
> Subject: Re: DES Key Search Paper (fwd)
>
> Michael Weiner presented a paper at Crypto93 that describes a fast DES key
> search engine that uses a special inside-out DES chip that he designed.
> This chip takes a single plaintext/ciphertext pair and quickly tries DES
> keys until it finds one that produces the given ciphertext from the given
> plaintext.  Weiner can get these chips made for $10.50 each in quantity, and
> can build a special machine with 57000 of these chips for $1 million.  This
> machine can exhaust the DES key space in 7 hours, finding a key in 3.5 hours
> on the average.  He works for Bell Northern Research in Ottawa, and says
> they have not actually built this machine, but he has the chip fully
> designed and ready for fabrication.
>
> This is a stunning breakthrough in the realization of practical DES
> cracking.  BTW-- note that PEM uses straight 56-bit DES.
>
> -prz

------------------------------

Date:    Mon, 13 Sep 1993 12:55:03 EST
From:    Dave Banisar <[email protected]>
Subject: CPSR Alert 2.01 [Extracts by MODERATOR]


       [ I have extracted items of interest to this forum from
         the complete CPSR Alert text.  Readers wishing to
         obtain the entire publication should contact
         CPSR directly.  -- MODERATOR ]


 CPSR Alert 2.01
    =============================================================

     @@@@  @@@@   @@@   @@@@        @    @     @@@@  @@@@  @@@@@
     @     @  @  @      @  @       @ @   @     @     @  @    @
     @     @@@     @    @@@       @@@@@  @     @@@   @@@     @
     @     @        @   @  @      @   @  @     @     @  @    @
     @@@@  @     @@@    @   @     @   @  @@@@  @@@@  @   @   @

    =============================================================
    Volume  2.01                               September 10, 1993
    -------------------------------------------------------------

                         Published by the
          Computer Professionals for Social Responsibility
                         Washington Office

                         Editor: Dave Banisar

                              --------

                      CPSR Washington Office Staff:
         Director: Marc Rotenberg ([email protected])
          Legal Counsel: David Sobel ([email protected])
        Policy Analyst: Dave Banisar ([email protected])
    -------------------------------------------------------------

 ...

 [3] National Performance Review Highlights.

 The NPR, a massive study on streamlining government headed by Vice
 President Albert Gore, has endorsed the creation of a Privacy
 Protection Board and the development of uniform privacy protection
 practices.  It has also recommended the development of a Digital
 Signature Standard by January 1994.

 Other information technology recommendations include implementing
 nationwide, integrated electronics benefits transfer, developing
 integrated electronic access to government (including information
 kiosks and a government wide electronic bulletin board system), the
 development of a national law enforcement/public safety network,
 government wide electronic mail and indexes for environmental and
 trade data. It also calls for the establishment of a government
 information infrastructure.

 A spokesman in the Vice President's office told the Alert that the
 specifics of the recommendations would be released within a few
 weeks. Government sources have indicated that many of the
 information technology recommendations originated at the National
 Institute of Standards and Technology. An electronic copy of the NPR
 is available from the CPSR Internet Library. See below (#8) for
 details.

    -------------------------------------------------------------

 [4] Gov't Panel Questions Clipper Chip Proposal

 After two days of sometimes tumultuous hearings, a government
 advisory board chartered to advise the administration and Congress
 on computer security and privacy issued two resolutions questioning
 many of the aspects of the Clinton Administration's controversial
 new encryption scheme, the Clipper Chip. The National Institute of
 Standards and Technology's Computer System Security and Privacy
 Advisory Board (CSSPAB) expressed continued concern over many
 aspects of the proposal including the lack of a convincing statement
 expressing the problems that the Clipper is supposed to solve, the
 need to look for possible alternatives to the proposal, the legal,
 economic, export controls issues, and software implementation of the
 proposal. In addition, the board also expressed concern  that the
 Clipper proposal could negatively impact the availability of
 cost-effective security products to the US government and industry
 and that it may not be marketable or usable worldwide.

 In a second resolution, the board unanimously called for a public
 debate of the proposal and recommended that Congress take an active
 role in determining US cryptography policy. It also recommended that
 any new policy must address the interests of law enforcement and
 intelligence, US industry and citizens' privacy and security in the
 US and worldwide.

 At the hearings, Geoff Greiveldinger from the Department of Justice
 reported that the key escrow agents will be announced within a few
 weeks after a briefing for members of  Congress. Sources inside the
 administration indicate that the administration may have decided to
 eliminate from consideration outside organizations holding the keys
 and is leaning towards the Department of the Treasury as one of the
 key holders. In addition, NIST Deputy Director Ray Kammer announced
 that the Data Encryption Standard (DES) will be recertified for
 government, non-classified use for another five years. The paperwork
 has been sent to Secretary of Commerce Ron Brown, who is expected to
 sign it within two weeks.

 The Clipper proposal was introduced April 16, 1993 and has been
 strongly opposed by both civil liberties groups and industry. The
 proposal calls for use of a secret encryption chip designed by the
 National Security Agency for non-classified voice and data
 transmission. The keys for the chip would be split and held in
 escrow by two government agencies. NIST has submitted the Clipper
 proposal for public comment. The FIPS was published in the Federal
 Register at Volume 58, page 40791 (July 30, 1993) and is also
 available in electronic form from the CPSR Internet Library
 FTP/WAIS/Gopher cpsr.org /cpsr/crypto/clipper/call-for-comments.
 Comments are due to NIST by September 28, 1993 to the  Director,
 Computer Systems Laboratory, ATTN: Proposed FIPS for Escrowed
 Encryption Standard, Technology Building, room B-154, National
 Institute of Standards and Technology, Gaithersburg, MD 20899. Other
 background material on the Clipper proposal and other cryptography
 issues is also available from the CPSR Internet Library.

 CPSR has created an archive of comments on the proposal and has
 asked people to electronically submit a copy of their comments to
 [email protected].

  A 450 page source book of materials on crypto policy is available
 from CPSR for $50.00. Contact [email protected] for more
 information.

    -------------------------------------------------------------

 [5] Public Interest NII Coalition Meets in DC

 The third meeting of the Telecommunications Policy Roundtable took
 place on September 7 at the Carnegie Endowment for International
 Peace in Washington, DC.  Representatives from more than 60 public
 interest organizations gathered to discuss the development of a
 public interest agenda for the NII.  CPSR President Eric Roberts,
 Board member Todd Newman, and Seattle Chapter stalwart Doug Schuler
 flew in from the West Coast to attend the meeting.

 Larry Irving, Assistant Secretary of Commerce and head of the
 National Telecommunication Information Administration spoke to the
 group about the administration's plans for the National Information
 Infrastructure.  Mr. Irving said that he believed that universal
 service will be one of the critical goals.  He also said that the
 administration seeks to development a competitive marketplace for
 information services and to establish necessary consumer safeguards.

 The TPR proposed a set of public interest policy principles and
 prepared a document titled "Renewing the Commitment to Public
 Interest Communications Policy. " The policies covered freedom of
 communication, vital civic sector, universal access, competitive
 markets, privacy protection, equitable workplace, and democratic
 decision-making.  (A copy of the draft document is available from
 the CPSR archive).

 A formal press conference is scheduled for Thursday, October 7 at
 the National Press Club.  The next meeting of the TPR will be
 Tuesday, October 5.  For more information, contact Jeff Chester,
 Center for Media Education ([email protected])

    -------------------------------------------------------------

 [6]  California Passes Landmark Information Access Bill

 The California Assembly  on September 8 voted 78 to 0 for a bill to
 make California legislative information available though the
 Internet. The bill (AB1624) was previously approved by the state
 Senate and now goes to Governor Pete Wilson,  who has 12 days to
 veto it before it becomes law.

 The bill requires  electronic distribution of the legislative agenda
 and requires the  " Legislative Council...to make available to the
 public, by means of access by way of the largest non-propriety,
 non-profit cooperative public computer network, specified
 information concerning bills, [and] the proceedings of the houses."
 It goes into effect January 1, 1994.

 The grassroots battle to pass this bill was led by Micro Times
 columnist and CPSR member Jim Warren. Using electronic networks, he
 organized a massive national fax , telephone and letter writing
 campaign to support the bill. It was opposed by LOGI-TECH, an
 information provider that sells legislative data.

    -------------------------------------------------------------

 [7] Wisconsin Looking for Privacy Advocate

 From: [email protected] (Jo Ann Oravec)

 Privacy Advocate... Madison, Wisconsin

 The State of Wisconsin is seeking a person responsible for support
 and advocacy in development and implementation of state and local
 government policies that protect personal privacy. This position
 reports to the Privacy Council.  Background in business and
 government application of information technology.  Salary $33,000
 per year plus excellent benefits.  Applicants should submit a
 detailed resume and a statement outlining their perspectives and
 approaches to privacy concerns to Mary Becker (608-266-0058, FAX
 608-264-9500), Department of Administration, 9th Floor, 101 E.
 Wilson, P.O. Box 7869, Madison, WI  53707-7869. Materials must be
 received before 4:30 PM on September 27, 1993.

    -------------------------------------------------------------

 [8] The CPSR Internet Library

 CPSR has set up an archive of materials on privacy, cryptography,
 information access, the National Information Infrastructure and
 other related issues. Recent additions to the archive include the
 entire National Performance Review report, and the full text of the
 Freedom of Information Act and the Federal Privacy Act of 1974.

 NPR /cpsr/clinton/npr
 FOIA /cpsr/foia/foia.txt
 Privacy Act of 1974 /cpsr/privacy_law/privacy_act_1974.txt

 The archive also archives materials from Privacy International,
 the US Privacy Council, the Taxpayers Assets Project and the
 Cypherpunks cryptography group. To access the archive,
 FTP/WAIS/Gopher cpsr.org.

    -------------------------------------------------------------

 [9] Upcoming Events

 International Privacy Roundtable, sponsored by Privacy International
 and the University of Manchester Law School- Manchester, England.
 September 29, 1993. Contact: simon davies
 ([email protected]).

 National Computer Security Conference, sponsored by NIST and NSA.
 Baltimore Convention Center, Baltimore, MD. September 20-23, 1993
 Contact NIST 301-975-2762.

 CPSR Annual Meeting,Seattle, WA.  October 16-17,  Contact: Aki
 Namioka ([email protected])

 Computers Freedom and Privacy 4.  Chicago, Ill. March 1993. Contact:
 George Trubow, 312-987-1445 ([email protected])

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

 To subscribe to the alert, send a message to [email protected]
  "subscribe cpsr <your name>" (without quotes or brackets) to
 [email protected]. Back issues of the Alert are available at
 the CPSR Internet Library FTP/WAIS/Gopher cpsr.org /cpsr/alert

 Computer Professionals for Social Responsibility is a national,
 non-partisan, public-interest organization dedicated to
 understanding and directing the impact of computers on society.
 Founded in 1981, CPSR has 2000 members from all over the world and
 22 chapters across the country. Our National Advisory Board includes
 a Nobel laureate and three winners of the Turing Award, the highest
 honor in computer science. Membership is open to everyone.

 For more information, please contact: [email protected]

 ...

------------------------------

Date:    Tue, 14 Sep 1993 11:18:06 -0700
From:    [email protected] (Bruce Jones)
Subject: Recent Journal Articles on Computers and Privacy?

I am tentatively scheduled to teach a course on computers and
networks for the Department of Communication at UCSD.  The course
will be organized around the Internet and current cultural, social,
economic, and political debates: privacy, commercialization and
privatization, anonymity/identity, computer networks and the
changing nature of work, electronic publishing and copyright, etc.

I am looking here for references to recent journal articles covering
current privacy and computer network concerns that I might use in a
course reader for this upper-division course.

Thank you,

Bruce Jones                     Communication Department
[email protected]/bitnet          University of California, San Diego
(619) 534-0417/4410             9500 Gilman Drive
FAX (619) 534-7315              La Jolla, Ca. 92093-0503

------------------------------

Date:    Fri, 24 Sep 1993 16:49:45 -0400 (EDT)
From:    [email protected] (Dorothy Denning)
Subject: Wiretap Article

The following article on wiretap laws and procedures was written in
response to the many questions and misunderstandings that have arisen
about wiretaps in the context of escrowed encryption as well as Digital
Telephony.  This article may be distributed.

Dorothy Denning
[email protected]

       [ I have included the introductory portion of the paper below.
         The entire text (~33K bytes) has been placed into the
         PRIVACY Forum archives.  To access:

           Via Anon FTP: From site "ftp.vortex.com": /privacy/wiretap-laws.Z
                                                 or: /privacy/wiretap-laws

           Via e-mail: Send mail to "[email protected]" with
                       the line:

                           get privacy wiretap-laws

                       as the first text in the BODY of your message.

           Via gopher: From the gopher server on site "gopher.vortex.com"
               in the "*** PRIVACY Forum ***" area under "wiretap-laws".

                                                       -- MODERATOR ]


               -----------------------------------------

                       WIRETAP LAWS AND PROCEDURES
            WHAT HAPPENS WHEN THE U.S. GOVERNMENT TAPS A LINE


                  Donald P. Delaney, Senior Investigator
                          New York State Police

                 Dorothy E. Denning, Professor and Chair
            Computer Science Department, Georgetown University

                     John Kaye, County Prosecutor
                     Monmouth County, New Jersey

       Alan R. McDonald, Special Assistant to the Assistant Director
       Technical Services Division, Federal Bureau of Investigation


                          September 23, 1993


1.  Introduction

Although wiretaps are generally illegal in the United States, the
federal government and the governments of thirty seven states have been
authorized through federal and state legislation to intercept wire and
electronic communications under certain stringent rules which include
obtaining a court order.  These rules have been designed to ensure the
protection of individual privacy and Fourth Amendment rights, while
permitting the use of wiretaps for investigations of serious criminal
activity and for foreign intelligence.

This article describes the legal requirements for government
interceptions of wire and electronic communications and some of the
additional procedures and practices followed by federal and state
agencies.  The legal requirements are rooted in two pieces of federal
legislation: the Omnibus Crime Control and Safe Streets Act (Title III
of the Act (hereafter "Title III")), passed in 1968, and the Foreign
Intelligence Surveillance Act (FISA), passed in 1978.  Title III
established the basic law for federal and state law enforcement
interceptions performed for the purpose of criminal investigations,
while FISA established the law for federal-level interceptions
performed for intelligence and counterintelligence operations.  We will
first describe Title III interceptions and then describe FISA
interceptions.

------------------------------

End of PRIVACY Forum Digest 02.31
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