Computer underground Digest Wed May 7, 1997 Volume 9 : Issue 35 ISSN 1004-042X Editor: Jim Thomas (cudigest@sun.soci.niu.edu) News Editor: Gordon Meyer (gmeyer@sun.soci.niu.edu) Archivist: Brendan Kehoe Shadow Master: Stanton McCandlish Shadow-Archivists: Dan Carosone / Paul Southworth Ralph Sims / Jyrki Kuoppala Ian Dickinson Field Agent Extraordinaire: David Smith Cu Digest Homepage: http://www.soci.niu.edu/~cudigest CONTENTS, #9.35 (Wed, May 7, 1997) File 1--ALA awaits Supreme Court decision before addressing filtering File 2--Digital Blocks Alternate Vista File 3--AOL Users In Britain Warned of Surveillance File 4--NSF out of DNS, what comes next? File 5--Re: "Response to K. Arromdee" File 6--More material and index to articles File 7--FCC Universal Service Hearing Live on the Net File 8--Cu Digest Header Info (unchanged since 7 May, 1997) CuD ADMINISTRATIVE, EDITORIAL, AND SUBSCRIPTION INFORMATION APPEARS IN THE CONCLUDING FILE AT THE END OF EACH ISSUE. --------------------------------------------------------------------- Date: Fri, 2 May 1997 13:55:38 -0800 From: "--Todd Lappin-->" Subject: File 1--ALA awaits Supreme Court decision before addressing filtering The ALA has punted for now... Date--Fri, 02 May 1997 14:55:29 -0500 From--Andrea Wiley To--telstar@wired.com Subject-- Statement NEWS Contact: Deborah Liebow For Immediate Release 312-280-4224 May 1997 ALA awaits Supreme Court decision before addressing filtering The Intellectual Freedom Committee of the American Library Association (ALA) says it will wait for a Supreme Court ruling on the constitutionality of the Communications Decency Act before issuing a statement on the use of filtering systems in libraries. The committee met April 25-27 at ALA Headquarters in Chicago. *If this were an easy issue, it would not be before the Supreme Court,* said Ann Symons, chair of the committee which met April 25-27 at ALA headquarters in Chicago. The legal challenge to the Communications Decency Act, led by the American Library Association, is now before the U.S. Supreme Court which is expected to announce its decision around the ALA Annual Conference scheduled June 26-July 3 in San Francisco. The historic case is expected to determine how freedom of speech rights guaranteed by the First Amendment will apply to the Internet. Although the committee decided to wait before addressing the use of filtering systems in libraries, Symons said the committee developed draft guidelines for libraries that provide public access to the Internet. These include: - Educate yourself, your staff, your library board, governing bodies, community leaders, parents, children and others about the Internet, and how to take advantage of the wealth of information it offers. - Establish and implement written guidelines and policies on use of the Internet that are in keeping with your library's mission and policies on access to library materials. - Remind parents they are responsible for their children's Internet use. - Create and promote library Web pages with sites that have been selected by library staff for both adults and children. - Use privacy screens or arrange Internet terminals away from public view to protect the confidentiality of users and avoid offending other users who might not agree with another's viewing choice. Libraries are encouraged to send copies of their Internet access policies and educational materials to the ALA Office for Intellectual Freedom, 50 E. Huron St., Chicago, IL 60611. To receive samples of what other libraries have done or the ALA's interpretation of the Library Bill of Rights on access to electronic information, contact the Office for Intellectual Freedom at 800-545-2433, ext. 4223, by fax at 312-280-4227 or by e-mail at oif@ala.org. ------------------------------ Date: Fri, 11 Apr 1997 21:04:10 -0500 From: david@loundy.com Subject: File 2--Digital Blocks Alternate Vista Published in the Chicago Daily Law Bulletin, April 10, 1997 at page 5. ---------------------------------------------------------- Digital Wins Suit to Block Alternate Vista Copyright 1997 by David Loundy Past articles archived at http://www.Loundy.com/ To receive by e-mail send "subscribe" to Loundy-Request@NETural.com ---------------------------------------------------------- Domain names have value, as most people reading this article already understand. In some cases, a domain name may have value to more than one company, as Digital Equipment Corp. has seen first-hand. Digital operates one of the best known "search engines" on the Internet-- "AltaVista." The search engine is available on a Digital web site at http://www.altavista.digital.com/. Digital makes the search engine available in part to showcase Digital's Alpha workstations, on which the search engine runs. When Digital was preparing to offer this search engine, it found that another computer company was already using the AltaVista trademark, and the other company already had a web page up at http://www.altavista.com/. Digital entered into negotiations with the other company, AltaVista Technology, Inc. (ATI), and purchased the AltaVista trademark. Digital then licensed certain rights back to ATI. ATI was allowed to continue using the name "AltaVista," but only in its corporate name, and it was allowed to continue using the altavista.com domain name. Digital then established its AltaVista web site at http://www.altavista.digital.com/. The search engine proved very popular, and word spread about the AltaVista search engine. In one account, the site was reported as receiving some 20 million "hits" a day. However, a significant number of Internet users looked for the AltaVista search engine at the address http://www.altavista.com/ -- a natural place to look for people who are familiar with common methods for guessing the location of entities on the Internet, yet who are not familiar with where to find this search engine in particular. All of these people found themselves looking at the web page for AltaVista Technology, Inc. Supposedly hundreds of thousands of people mistakenly found themselves at ATI's page every day. ATI lost little time in capitalizing on this confusion. Within a few months after ATI signed the licensing agreement with Digital, ATI had modified its web site. Accidental visitors to the web site were presented with an opportunity to download "demo versions of AltaVista software." There was also a link to an anonymous search engine, labeled "Search the Internet" (which happened to be Digital's AltaVista search engine). Also, at the top of the page, visitors would also see, in large type, the word "AltaVista" sans the rest of ATI's corporate name. After a few more months, ATI made further modifications to its web page. Namely, the "Search the Internet" line was replaced with "Digital's AltaVista." Also, ATI began selling "banner ad" space on its web site. At this point, Digital sent a letter to ATI accusing it of violating the companies' license agreement. Specifically, the letter argued that by using the name "AltaVista" alone on the web page, it was a use beyond the two allowed in the license agreement-- in the full corporate name, AltaVista Technology, Inc., and in the Internet address http://www.altavista.com/. ATI apparently took this letter to heart (perhaps motivated by the threat to cancel the license agreement under one of the agreement's provisions), and modified its web page yet again. Underneath the large AltaVista logo, ATI added the word "Technology" in smaller type. This, however, was not the only change ATI made to its web page. In addition to the banner ad that had been added earlier, a link was added which invited advertisers to "click here for advertising information-- reach millions every month!" Below this legend, was a replica of the Digital AltaVista search engine interface (complete with logo and a label that users can Search with Digital's AltaVista), which would then execute the searches entered using the Digital search engine. In essence, visitors to ATI's site, who either did not know any better or did not look carefully, would easily believe they had reached Digital's AltaVista. In an interview conducted by Newsbytes, Jack Marshall, ATI president, argues that the changes to the web page were not made to capitalize on the confusion between the two AltaVistas, and that a certain amount of this "side traffic" was discussed in the licensing negotiations with Digital. This side traffic, Marshall states, was one of the motivations to transfer the AltaVista mark to Digital. Nonetheless, a lawsuit ensued (Digital Equipment Corp. v. AltaVista Technology, Inc., No. 96-12192NG, D. Mass, March 12, 1997). U.S. District Judge Nancy Gertner granted Digital a preliminary injunction. A large portion of the court's decision was spent analyzing whether the court had jurisdiction. Continuing the recent trend of finding jurisdiction wherever a web page can be accessed, the court found that the California software company was subject to personal jurisdiction in Massachusetts. Also following a recent trend, the court worked to avoid the need to claim that web page activities alone were sufficient to convey jurisdiction. The court stressed that ATI had solicited advertising and sales in the forum state (though from its web page), had a contract with a Massachusetts company, and could foresee causing damage to trademarks in the forum state. Nonetheless, Gertner did acknowledge that ATI's sales in Massachusetts were minimal, the contract was not signed in Massachusetts, and no one from ATI had dealt with Digital in that state. Furthermore, the court stated that ATI was chargeable with knowing that its web page was available in the forum state, and thus ATI was subject to liability there. The court said that it was not unreasonable to make the defendant defend itself on the other side of the continent-- rather such a burden was just a cost of doing business on the Internet-- which ATI should have kept in mind before engaging in the conduct subject to this controversy. As to the specific allegations, Judge Gertner agreed that ATI exceeded its license rights. She stated that the license did not allow ATI to use the AltaVista name in conjunction of ATI's offer of free software, nor was ATI allowed to use the name by itself at the top of its web page. When ATI later added the word "technology" in smaller type, it did not cure the apparent use of the AltaVista name in a trademark or servicemark like fashion. These and other uses of the name constituted a likely breach of the license agreement. Next, the court turned to the issue of trademark infringement (as well as unfair competition). The court held that there was a valid trademark used in interstate commerce in a fashion that was likely to cause confusion. Specifically, the court found the two companies' AltaVista marks to be similar, especially in light of their use on both web pages for search services. Furthermore, the services indicated by the marks were identical-- and more so than usual-- Digital used its mark to identify its search service, and ATI used the mark to identify its search service, which was also the Digital search engine. Next, the two companies both provided computer software and Internet services to a similar market. Furthermore, not only were people actually confused as to which company's web page they were using, the court held ATI intended to benefit from the popularity of Digital's AltaVista mark. The outcome of this case is not really a surprise. It is, however, a useful lesson in business planning for Internet use. Just as some companies acquire common "misdials" of other companies telephone numbers and then offer a competing service to callers who dial the wrong number, so too can the same sort of activity occur on the Internet. In this case, Digital allowed ATI to retain use of the altavista.com domain name. If Digital had acquired the domain name as well as the AltaVista trademark, or picked another mark altogether, this case would not have been. Digital's marketing scheme had some reason to it. The search engine was intended to showcase Digital technology. Internet users could not use the service from the official AltaVista web page without seeing that the search engine was housed at the digital.com domain. Unfortunately, the Digital-ATI license agreement left open a hole that took litigation to plug. While the particular facts make this an unusual situation, as new top level domains (e.g., .com, .edu) are added to relieve the Internet addressing crunch, such disputes are bound to arise in a new context. I wonder if anyone has registered digital.biz, digital.corp, or altavista.web yet? _________________________________________________________________ David J. Loundy | E-Mail: David@Loundy.com | WWW: http://www.Loundy.com/ A good satire will likely | Phone: (847) 926-9744 offend someone. Good law, | Listserv (for my Technology Law column): however, must allow the | Send a message reading "subscribe" offense. --H. Dorsen | to Loundy-request@netural.com ______________________________________________________________________ ------------------------------ Date: 28 Apr 97 06:14:07 EDT From: "K. N. Cukier" <100736.3602@compuserve.com> Subject: File 3--AOL Users In Britain Warned of Surveillance Source - Fight Censorship From the International Herald Tribune, Saturday, April 26, 1997: AOL Users In Britain Warned of Surveillance By Christopher Johnston LONDON - Subscribers logging onto AOL Ltd. in Britain this week were greeted with news that the Internet-service provider was imposing a tough new contract giving it wide latitude to disclose subscribers' private E-mail and on-line activities to law enforcement and security agencies. The new contract also requires users to comply with both British and U.S. export laws governing encryption. AOL Ltd. is a subsidiary of AOL Europe, which is a joint venture between America Online Inc. of the United States and Germany's Bertelsmann GmbH. The contract notes in part that AOL ''reserves the right to monitor or disclose the contents of private communication over AOL and your data to the extent permitted or required by law.'' ''It's bad news,'' said Marc Rotenberg, director of the Electronic Privacy Information Center, a Washington-based civil liberties organization. ''I think AOL is putting up a red flag that their commitment to privacy is on the decline. It puts their users on notice that to the extent permitted by law, they can do anything they want.'' The contract also prohibits subscribers from posting or transmitting any content that is ''unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, seditious, blasphemous, hateful, racially, ethnically or otherwise objectionable.'' AOL and its competitors called the move part of a trend to protect on-line service providers from suits by users in case they are required to disclose subscribers' activities to law enforcement agencies. The contract also beefed up the legal wording relating to sensitive content such as pornography, and prohibiting the maintenance of links to obscene Web sites. The updated contract is also the first to inform subscribers that they are required to comply with both British and U.S. export laws governing encryption, or coding, a hot topic of debate recently between software publishers and security agencies. AOL Europe will provide similar contracts, which vary according to local law in each of the seven European countries in which the network operates. AOL executives denied any government pressure in updating the contract. ------------------------------ Date: Tue, 29 Apr 1997 18:22:20 -0400 (EDT) From: George J Kamenz Subject: File 4--NSF out of DNS, what comes next? On Mon, 28 Apr 1997, in Cu Digest someone wrote: > From--Thomas Grant Edwards > Subject--File 6--NSF out of DNS, what comes next? > > C-NET is reporting that the National Science Foundation is getting > out of the domain name business as early as March 1998 if not sooner, > and will not renew the InterNIC agreement with Network Solutions. Someone speaking on behalf of Network Solutions said, in effect, that they would continue DNS registration and resolution. Almost at the same time that the NSF made its announcement. > Someone please tell me I'm worrying too much! You are worrying about the wrong things. At present there is a rather clearly defined group of root name servers. The process of registering a name is pretty clearly defined. What needs to be thought about are issues related to configuring in new root servers, and deleted old ones comparatively quickly. Expiring caches quicker. And registering domain names in multiple separate sets of root servers. Then, after a while, things will stabilize. If a government sponsored collection of servers doesn't do the job without too much pooh-pooh, some bunch on the 'net will start its own collection. It isn't actually all that important whether the resulting 'monopoly' is government or 'net sponsored. The only unfortunate aspect is that the kind of cohesion, discipline, and persistence needed to actually create and maintain such a set of root servers and administer the registration process has not been greatly in evidence in the past. ------------------------------ Date: Fri, 11 Apr 1997 10:17:57 -0700 (PDT) From: Ken Arromdee Subject: File 5--Re: "Response to K. Arromdee" Paul Kneisel seems to write as if Usenet is a political pamphlet. His post is about 4 times as long as it needs be. The word "paranoid" is not a clinical diagnosis. It's an informal comment used to refer to someone who believes, especially on flimsy evidence, that things which he doesn't like are caused by conspiracies, regardless of what psychiatric tests he does or doesn't meet. All that verbiage about diagnosis could have been left unsaid. Finally, he mistakes showing existence for showing relevancy, a mistake that he also made for the anti-fascism group (when he acted as if showing that fascism is a problem on the net also automatically shows that his group was a solution). Here, he devotes pages to explaining that government conspiracies exist, but nothing to showing that this situation is one of them or to showing what is wrong with the alternate, non-conspiratorial, explanation (i.e. that gov-* is not in the Big 8 and therefore does not follow Big 8 rules). "Conspiracies exist" is not proof of "this is a conspiracy". ------------------------------ Date: Wed, 09 Apr 1997 14:55:17 -0400 From: Paul Kneisel Subject: File 6--More material and index to articles THE POWER TO MODERATE IS THE POWER TO CENSOR by tallpaul (Paul Kneisel) Some 200+ new news groups have just been created on the UseNet part of the Internet. They are grouped under a new hierarchy. promises to "take democracy into cyberspace," according to the press release from the National Science Foundation.[1] "The U.S. government," said U.S. Vice President Al Gore of the GovNews project, "is taking a leadership role in providing technology that could change the face of democracy around the world."[2] The GovNews project repeatedly stresses how it will support and promote feedback between governments and citizens. "Millions of people will now be able to follow and comment on government activity in selected areas of interest...," the release stated, promising "a wide, cost-effective electronic dissemination and discussion...." Preston Rich, the National Science Foundation's leader of the International GovNews Project, described GovNews as "newsgroups logically organized by topic from privatization, procurements and emergency alerts to toxic waste and marine resources and include[s] the capability to discuss such information."[1] The vast majority of the new groups are moderated. The idea of the moderated news group is increasingly accepted on UseNet. Off-topic posts, flames, and spam have made many non-moderated groups effectively unreadable by most users. Moderated groups are one effective way around these problems. New groups created in the non- "Big 8" UseNet hierarchy have formal charters defining the group. If the group is moderated then the powers, identity, and qualifications of the moderators are also listed. Unmoderated groups might be likened to informal free-for-all debates where there is no check on who can participate or on the form or content of what is said. Moderated groups are far closer to a specially-defined meeting of citizens with a formal Chair, empowered to declare certain topics off-limits for discussion, and to call unruly participants to order. An unmoderated UseNet group dedicated to baking cookies might be flooded with posts advertising bunion cures, reports of flying saucers sighted over Buckingham Palace, or articles denouncing Hillary Clinton as a Satanist. A moderator for the group has the power to block all of these posts, ensuring that they are not sent to the UseNet feed and do not appear among the on-topic discussion of cookies. Certainly some moderators on UseNet groups abuse their powers (as do some Chairs at non-Internet meetings.) But reports of such abuse are relatively rare given the number of moderated groups. And, of course, many complaints come from the proverbial "net.kooks" or those who oppose moderation in general. Moderators in the "Big 8" UseNet hierarchy are "civilians," not government employees moderating government-related groups while collecting government paychecks. The hierarchy inferentially changes this. I write "inferentially" because the charters, names and qualifications of the moderators in the 200+ groups has not been formally announced. Nor do routine queries to members of the leading Hierarchial Coordinating Committee result in such detailed information. UseNet is not the entire Internet. Net-based technology like the World Wide Web and the "File Transfer Protocol" or FTP are designed for the one-way transmission of data. Few object to the _Congressional Record_ on-line or crop reports posted by the U.S. Department of Agriculture available on the Web or via FTP. But the news groups of UseNet are designed for two-way discussions, not spam-like one-way info-floods of data carefully selected by government bureaucrats. That creates an enormous problem when government employees moderate the discussion, regardless of how well, appropriately, or fairly the moderation is conducted. For government moderation of any discussion is censorship and it is wrong. Initial reports also indicate that most of the groups will be "robo [t]-moderated." In other words, specialized software programs will handle the bulk of the moderator's tasks. Robo-moderation, however, alters nothing. A good robo program may catch and eliminate 99% of the spam sent to the group or identify notorious flame-artists. But the power to robo-moderate remains the power to censor; the power to select one robo-moderator is the power to select another; the power to automatically remove bunion ads is simultaneously the power to eliminate all posts from Iraq in a political discussion or any message containing the string "Whitewater." In short, moderation on groups by government employees remains censorship whether conducted by software or humans, whether posts are approriately banned or the moderation places severe limits on free political speech. *Any* limitation of posts from any citizen by any government employee is censorship. It is also forbidden by law. FOOTNOTES [1] "GOVNEWS: N[ational] S[cience] F[oundation] Press Release for GovNews," 17 Mar 1997, , accessed 21 Mar 1997. [2] One wonders what technology Gore believes GovNews is providing. Certainly neither the Internet or UseNet is part of that technology for both existed long before GovNews. ------------------------------ Date: Sun, 4 May 1997 23:09:21 -0400 (EDT) From: ptownson@MASSIS.LCS.MIT.EDU(TELECOM Digest Editor) Subject: File 7--FCC Universal Service Hearing Live on the Net In case you missed this important announcement when it appeared in TELECOM Digest a few days ago -- or for you in the newsgroups where this is being posted in the event you do not read the Digest, I am sending it out again. I am sure many of you will want to participate, or at least view the session as it is happening. PAT Date--Sun, 4 May 1997 03:07:22 -0400 From--Monty Solomon Subject--EVENT--FCC Universal Service hearing & Town Hall Meeting coming! Begin forwarded message: From--shabbir@democracy.net (Shabbir J. Safdar) Subject--EVENT--FCC Universal Service hearing & Town Hall Meeting coming! Date--Thu, 01 May 1997 20:08:24 -0400 ****************************************************************************** * * * VTW-ANNOUNCE * * * * The following message is sent to you through vtw-announce, an announcement.* * only list to which you are only added to at your request. To unsubscribe, * * send email to majordomo@vtw.org with the words "unsubscribe vtw-announce" * * in the body of the message. Unsubscribe requests sent back to shabbir will * * not be effective at removing you from the list. * * * ****************************************************************************** Government Without Walls Update No.6 http:/www.democracy.net/ May 1 1997 _____________________________________________________________ Table of Contents - Sit in on live FCC Universal Service hearing: May 7, 9:30am Eastern - Live Town Hall Meeting with FCC Chairman Reed Hundt: May 13, 7pm Eastern - In our archive - About democracy.net / Subscription Information ________________________________________________________________ SIT IN ON LIVE FCC UNIVERSAL SERVICE HEARING: WEDNESDAY MAY 7, 9:30AM ET The future of Universal Service in the nation's telecommunications network is one of the key elements of our nation's communications infrastructure. At issue - how to ensure that citizens who live in rural and inner city areas have access to advanced telecommunications services, and how to pay for it. The 1996 Telecommunications Reform Act directed the FCC to answer these questions. After nearly a year of investigation, hearings, and public comment, the FCC will announce its rules on Wednesday May 7th. You can join the proceeding live. Be present, ask questions, and get answers from FCC staff after the hearing. (FCC staff are not allowed to comment on a matter before the Commission before the commissioners have made their ruling.) Best of all, FCC Chairman Reed Hundt will join democracy.net on Tuesday May 13 for an online town hall meeting. Hundt will discuss the Universal Service proceeding and respond to questions from Internet users. * Universal Service Hearing - How To Participate * DATE: Wednesday, May 7, 1997 TIME: 9:30 am Eastern / 6:30 am Pacific (Event will last +/- 3 hours) LOCATION: http://www.democracy.net In advance of the hearing, please visit http://www.democracy.net for background information on the Universal Service issue, including links to various sides of the debate. You can also submit questions in advance. ________________________________________________________________ LIVE TOWN HALL MEETING WITH FCC CHAIRMAN REED HUNDT: TUESDAY MAY 13, 7PM ET During the May 7th Universal Service Proceeding, Internet users can submit their questions and comments via democracy.net. On Tuesday May 13, FCC Chairman Reed Hundt will join democracy.net for a live Virtual Town Hall meeting to discuss the Universal Service proceeding, respond to Internet users questions, and discuss other Internet-related issues before the FCC. This is a great opportunity for Internet users to talk with one of the key telecommunications policy makers. * Online Town Hall Meeting with FCC Commissioner Reed Hundt * * How To Participate * DATE: Tuesday, May 13, 1997 TIME: 7:00 pm Eastern / 4:00 pm Pacific LOCATION: http://www.democracy.net Visit http://www.democracy.net/ in advance of the event to submit questions. Additional information can be found at the FCC home page: http://www.fcc.gov ABOUT DEMOCRACY.NET / SUBSCRIPTION INFORMATION The democracy.net is a joint project of the Center for Democracy and Technology (CDT) and the Voters Telecommunications Watch (VTW) to explore ways of enhancing citizen participation in the democratic process via the Internet. To this end, democracy.net will host live, interactive cybercasts of Congressional Hearings and online town hall meetings with key policy makers. democracy.net is made possible through the generous support of WebActive (http://www.webactive.com), Public Access Networks (http://www.panix.com), the Democracy Network (http://www.democracynet.org), and DIGEX Internet (http://www.digex.net). More information about the project and its sponsors can be found at http://www.democracy.net/about/ To receive democracy.net announcements automatically, please visit our signup form at http://www.democracy.net/ or send mail to majordomo@democracy.net with "subscribe events" in the body of the message. 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