Welcome to the Global Internet Liberty Campaign
Newsletter
Welcome to GILC Alert, the newsletter of the Global
Internet Liberty Campaign. We are an international
organization of groups working for cyber-liberties, who
are determined to preserve civil liberties and human
rights on the Internet.
We hope you find this newsletter interesting, and we
very much hope that you will avail yourselves of the
action items in future issues.
If you are a part of an organization that would be
interested in joining GILC, please contact us at
gilc@gilc.org.
If you are aware of threats to cyber liberties that we
may not know about, please contact the GILC members in
your country, or contact GILC as a whole.
Please feel free to redistribute this newsletter to
appropriate forums.
Privacy and Encryption
[1] Internet Facilitates Information Exchange
in Cambodian Diaspora
[2] Web Site Attacks Journalists And Others
Opposed To Fujimori Regime In Peru
[3] Australia Update On Net Censorship Bill And
EFA's Campaign Against It
[4] German Government Intends To Install Strict
Internet Surveillance Infrastructure
[5] Russian Human Rights Group Launches Challenge
To Secret Police Surveillance Of Internet
[6] Email Introduced In Cuba
[7] FBI Founded Group ILETS Leads Initiatives To
Build Comprehensive Interception Systems
[8] ISP In Singapore Apologizes To Its
Subscribers After Scanning Their Computers
[9] E-mail Empowerment in Indonesia
[10] India Announces Net Surveillance Plan
[11] US 9th Circuit Rules Encryption Regulations
Unconstitutional
[12] Dutch Law Goes Beyond Enabling Wiretapping
To Make It A Requirement
[13] IC2000 Report Strasbourg and Barr Amendment,
United States: On Communications Interception And
ECHELON
[14] US Trade Embargo Threatens to Shut down B92
Internet Transmissions - only Remaining Access to
Unbiased Info
[15] South Africa Amends Child Pornography Law To
Cover The Internet
[1] Internet Facilitates Information Exchange
in Cambodian Diaspora
Salon Magazine reports that In Cambodia the Internet
has facilitated the work of Rainsy, a democratic
political opposition leader. Rainsy fled to safety to the
United Nations after Cambodian Strongman Hun Sen, in
control of the army and courts, ordered his arrest based
on unprecedented charges and initiated a crackdown on
mass protests against his disputed electoral victory last
year. According to the leader of that opposition, the Net
in Cambodia today is a lifesaver.
The Sam Rainsy Party Web site has made it possible to
make it views available. The web site was developed by
members of the large Cambodian Diaspora after Hun Sen's
crackdowns. Since then it has evolved into an impassioned
website that receives about 300 hits per day. The site,
which is updated three or four times weekly and the
party's massive e-mail distribution list serve other
crucial opposition needs including bringing in funds,
forming a virtually uncensorable link to the hundreds of
thousands of Cambodians in the United States, France and
Australia. Emails make information available to human
rights groups like Amnesty International and would result
in fewer illegal arrests and murders, hopes Rainsy.
"Dictatorships are afraid of the truth. . . Democracy is
based on truth and truth is made of information." he
asserts.
Before the growth of the Internet, distributing key
information abroad was prohibitively expensive for the
opposition. But now Rainsy's American information
officer, Rich Garella, was able to set up his own server
at minimal cost. Overseas supporters can print out e-mail
and Web site information and photocopy it for
acquaintances in places like the 50,000 member Cambodian
community of Long Beach, California.
While Rainsy's gamble that international donors can
save him from Hun Sen's wrath has generally served him
well, the strategy has not always worked for vocal
supporters in the remote countryside where communications
are weak, and human rights organizations are not always
able to keep tabs on Hun Sen's local party leaders.
Story adapted from "E-mail is a real revolution" by
Kyra Dupont and Eric Pape. For full story see, http://www.salonmagazine.com/21st/feature/1999/03/15feature.html
[2] Web Site Attacks Journalists And Others
Opposed To Fujimori Regime In Peru
A Peruvian Internet site, "Aprodev" of the
organization Association for the Defense of the Truth has
published various defamatory accounts against journalists
and politicians opposed to the Fujimori regime.
On Tuesday 30 March 1999, statements attacking
[journalist] Baruch Ivcher appeared on the web
site. Ivcher's former colleagues at the newspaper
"Referendum", speculated of links between Aprodev and the
National Intelligence Service (SIN, Servicio de
Inteligencia Nacional). This speculation was published in
the newspaper and the legal representative of Aprodev,
Hector Ricardo Faisal, rejected it as defamation and
asking for proof.
Institute for Press and Society (IPYS), Lima, spoke
with Ivan Garcia, "Referendum's assistant manager, who
said "Faisal is apparently unaware of the Aprodev
Internet page contents focused on Peru." He pointed to
the fact that Aprodev web site is critical of a long list
of people who all those who oppose the regime. In fact
Aprodev Internet pages referring to other countries
present Hitler's biography on the Germany site,
Pinochet's biography on the Chile site, and information
on Almirante Macera, one of the generals involved in
serious human rights violations in Argentina. This
suggests Aprodev's political viewpoint. Garcia further
stated. "Aprodev has revealed its stance against the
truth, against freedom of the press and expression, and
its intolerance for those who have a critical opinion of
or disagree with the government, and particularly with
SIN's modus operandi." Adapted from Source: ACTION ALERT:
Institute for Press and Society (IPYS), and IFEX-News
from the international freedom of expression community,
Lima, April 9, 1999.
[3] Australia Update On Net Censorship Bill
And EFA's Campaign Against It
On April 21, 1999, the Australian Government, Minister
for Communications, Information Technology and the Arts,
Senator Richard Alston, introduced legislation to censor
"illegal and highly offensive material" online. The
government is now rushing the Bill through the Senate
before it loses the crucial vote of ultra-conservative
Senator Brian Harradine on July 1. The Bill is scheduled
for debate on Thursday 13 May. GILC member, Electronic
Frontiers Australia (EFA) has been running a campaign
against this legislation. (For details on the EFA
Campaign against 1999 Internet Censorship Legislation
visit http://www.efa.org.au/Campaigns/stop.html
The Bill includes provisions to require Australian
content hosts to remove all X-rated material (explicit
sexual content), and to require ISPs to block access to
such content from overseas sites if so required by the
Australian Broadcasting Authority (ABA) acting on a
complaint. For full text of bill see, http://www.aph.gov.au/parlinfo/billsnet/9907720.doc
On 25th March 1999 the Senate had established the
Select Committee on Information Technologies. One of its
functions was to examine the Government's decision to
establish this censorship regulatory framework. The
Select Committee invited written submissions from
interested persons and organizations. Through the
submissions, this Committee encountered overwhelming
opposition to the Bill from industry and community
organizations, even from conservative groups. In fact 49
of 50 submissions received by the Committee recently were
opposed to the Bill. Michael Baker of EFA on behalf of
GILC members submitted a letter to the Select Committee
as well, highlighting how the filtering/blocking regime
restricts freedom of expression, violates human rights
protections, is unreasonable in light of the dynamic
nature of the Internet and pointing out how the
"effectiveness of the proposed regime will be
minimal."
There hearings of the Select Committee can be accessed
now. Transcripts of the hearings are available at:
http://www.aph.gov.au/hansard/senate/commttee/s-it.htm
[4] German Government Intends To Install
Strict Internet Surveillance Infrastructure
Axel H. Horns of GILC member FITUG writes of a recent
and urgent report regarding the German government's
intention to install a strict Internet surveillance
infrastructure on provider's expenses. According to the
report, the German government intends to impose on all
Internet providers a duty to install and maintain a
surveillance infrastructure like the FAPSI approach known
from Russia for tapping Internet traffic on IP level. It
is said that at least on the political scale this is a
concise consequence of the ENFOPOL plans pushed by the
European Union and previously existing requirements of
the German Telecommunications Act.
Similar plans had been made one year ago by the former
conservative government by Mr. Kanther and others under
Helmut Kohl. Now, after SPD and Greens have taken office,
it looks as if there will be not much less surveillance
pressure than under CDU/CSU/FDP before general elections
last year.
Report available on-line in German at http://www.heise.de/tp/deutsch/inhalt/te/2793/1.html
[5] Russian Human Rights Group Launches
Challenge To Secret Police Surveillance Of Internet
Russian human rights group, Citizen's Watch in St.
Petersburg, has filed suit against secret police
surveillance of Internet communications. The Russian
Federation, the Federal Security Service (FSB) has taken
steps to monitor all Internet traffic demanding that each
service provider give the FSB, without charge, a separate
room in its headquarters with the computer and software
necessary to monitor all Internet traffic carried by that
service.
Boris Pustintsev, a longtime dissident and
internationally respected director of Citizens' Watch is
leading a group of human rights activists in this
lawsuit. According to Pustintsev, the FSB's Internet
arrangement is "illegal" and it uses illegal intimidation
to achieve its goals. The objections of service providers
are met with threats from FSB officers to cancel the
provider's license. This lawsuit is filed on the basis of
a complaint by a new Internet service provider, Oleg
Syrov, whom Pustintsev called "a rebel." Based in
Volgograd, Syrov recently refused to bend to the FSB's
demand for the usual accommodations, and he is now in
danger of losing his license. Pustintsev suggested that
there is "a very good chance" that Syrov, backed by
Citizens' Watch attorneys, will win the case.
He said that Russian statutes and the constitution
itself are clearly on the side of honoring the privacy of
personal communications such as Internet's e-mail
service. Many Western experts think Pustintsev may
succeed. American University's Louise Shelley, a leading
authority on crime in the Russian Federation, notes that
Pustintsev has an "unusual ability to build bridges, both
to other NGOs and to different sections of the
government." Pustintsev believes that the court action
may also block a technologically more sophisticated new
regulation now being developed known as SORM-2 -- System
for Ensuring Investigated Activity .
SORM-2 is based on a complex new piece of computer
equipment which incorporates both hardware and software,
and is designed to instigate real-time monitoring of
every e-mail message and Web page sent or received in
Russia. Such an arrangement would allow the FSB to play
fast and loose with the official presentation of warrants
required by law. SORM-2 will cost service providers
several thousand dollars a month or technical upgrades
required to establish 'hotlines' automatically bouncing
information directly to FSB computers. Such costs will be
passed on to the consumer in the form of higher monthly
fees, which may then "decimate" the number of users,
which in turn will ultimately lead to fewer service
providers. "SORM-2 is a clear violation of the European
convention on human rights, to which Russia is a
signatory," according to GILC member James Dempsey of
Washington-based NGO that seeks to defend Internet
privacy, "What's more, the European Court recognizes that
laws on electronic surveillance must be extra precise
because of the great advances in technology." Dempsey is
concerned that SORM-2 will enable FSB to activate
surveillance at will and that there would be no way for
the service provider to know if the government had
provided a warrant for surveillance or even if the FSB
intercepted communications at all. For more information
on SORM online see http://www.libertarium.ru/eng/sorm/index.html
Source: Russian FSB surveillance of Internet
Challenged, by Charles Fenyvesi, Radio Free Europe/Radio
Liberty, Prague, Czech Republic - RFE/RL Watchlist Vol.
1, No. 7, 25 February 1999.
[6] Email Introduced In Cuba
Steve Kettman reports for Wired magazine online at
http://www.wired.com
on email recently becoming available to significant
numbers of Cubans for the first time. It was introduced
at the University of Havana, where there's always a wait
to use one of the five 1986 IBMs that serve as the email
center at the university's Central Library. Other than
government offices and luxury hotels, Havana University
is one of the few places that have email.
None of the Cubans interviewed by Wired magazine had
any illusions about email privacy. It's known that every
email sent from the university account is automatically
copied into an archive. It's equally known that the email
is being copied elsewhere, too. A new anti-sedition law
enacted in February increases the penalty to 20 years'
imprisonment for any act deemed to undermine the
authority of Castro's government. How the law is applied
remains to be seen, but so far there haven't been any
publicized cases involving email. Someone who called
himself Nick interviewed by Wired magazine said of a
friend: "She wrote an article about Cuba today and sent
it by email from the library here. Two days later, the
police came around to her apartment with a citation. They
gave her a warning that if she did it again, she would be
fined -- or expelled from the country."
Some Cuban students have their own email accounts,
although this is limited mostly to graduate students.
They are free to contact graduate students in other
countries, as long as it's to exchange ideas about things
like pulsars in the constellation Aquila, or
mitochondrial activity in infants. Faculty members are
also new to email. Literature professor Guillermo
Rodrigues Rivera was in the middle of planning a trip to
Italy using email, a much more efficient method than he's
endured in the past. "It's very new. Maybe we can all
have it within a few months," said Rodrigues Rivera, who
taught briefly both at Hunter College in New York and in
Spain. "Cuba has always been open to the world. We are an
island in the Gulf of Mexico between the two Americas.
Story excerpted from: Cubans Embrace Email, Warily, by
Steve Kettmann, Wired, April 30, 1999. For full story
see, http://www.wired.com/news/news/culture/story/19402.html
[7] FBI Founded Group ILETS Leads Initiatives
To Build Comprehensive Interception Systems
According to a report in Telepolis edited by Erich
Moechel the FBI founded organization, "International Law
Enforcement Telecommunications Seminar", ILETS, met in
secret for 6 years, and unknown until a story was
published it led initiatives around the world to build
comprehensive interception systems into new
telecommunications systems. The NSA (National Security
Agency), was behind this effort as its global
surveillance operations could only benefit if global
users were systematically denied telecommunications
privacy in the information age.
US intelligence allies like Canada, the UK and
Australia attended the first ILETS meeting held by the
FBI in 1993, in Quantico. Representatives from Norway,
Denmark, Spain and even Hong Kong were present. The FBI
tabled a document called "Law Enforcement Requirements
for the Surveillance of Electronic Communications",
written in July 1992. In June 1993, EU ministers met in
Copenhagen and agreed to poll member states on the issues
raised by the FBI and by ILETS. After discussions in
Europe later in 1993, ILETS met in Bonn early in 1994. By
now Austria, Belgium, Finland, Portugal and Spain had
joined the 19 member group. At their Bonn meeting, ILETS
agreed joint policy in a document called "International
Requirements for Interception". Attached to this policy
paper was a list of "International User Requirements" - a
4 page set of monitoring requirements called IUR 1.0 or
IUR95.
ILETS wanted international standards bodies such as
the ITU (International Telecommunications Union) and ISO
(International Standards Organization) to build in
tapping requirements to new system specifications. ILETS
also wanted governments to agree on monitoring across
international boundaries, so that one agency could
intercept communications in another country.
In March 1994, the Dutch government proposed that
Europe adopt IUR 1.0. European ministers were not told
that the document had been written by ILETS as it was
identified as an ENFOPOL document and eventually called
ENFOPOL 90. European telecommunications operators were
told to fall in line with its requirements. In a slightly
modified form, IUR 1.0 became law in the United States in
October 1994. Other European nations, and Australia,
later incorporated it in their domestic legislation.
Within two years from the first ILETS meeting, the IUR
had, unacknowledged and word for word, become the secret
official policy of the EU and law around the world.
Through 1995- 1997 ILETS had successes in promoting IUR
with international standards organizations and
participating countries to adopt the IUR "requirements".
The European Commission, ILETS effectively turned the IUR
into an international treaty. The Member States of the
European Union have been called upon to apply those
Requirements to telecommunications operators and service
providers.
Today ILETS had spawned two sub committees, one
re-designing the IUR and the second, the Standards
Technical Committee (STC) working on technical standards.
ILETS and its experts met again in Dublin in 1997. In
1998, they met in Rome, Vienna and Madrid. The IUR was
not changed in 1997. But ILETS and its expert committees
were at work, defining new requirements to cover the
Internet and satellite based systems. They also wanted
stringent new security requirements to be imposed on
private telecommunications operators. In Vienna on 3
September 1998, the revised IUR was presented to the
Police Co-operation Working Group. The Austrian
Presidency proposed that, as had happened in 1994, the
new IUR be adopted verbatim as a Council Resolution on
interception "in respect of new technology". Delegates
were told that ENFOPOL 98's purpose was to "clarify the
basic document (IUR 1.0) in a manner agreed by the law
enforcement agencies as expressing their common
requirement".
Afraid that the new IUR (ENFOPOL 98) at 36 pages was
too explicit it was trimmed to 14 pages and some of its
more controversial provisions were put into other papers.
European police delegates met in November to consider and
agree the revised ENFOPOL 98 (rev 1). Since the ENFOPOL
story was published in Telepolis, it has been renamed
ENFOPOL 19 and reduced to 6 pages with its key provisions
being hidden elsewhere. ILETS secret processes are a
shame to democracy and open discussion.
The full story about ILETS is published in Telepolis,
the European on-line magazine, at http://www.heise.de/tp/english/special/enfo/6398/1.html
And in German at http://www.telepolis.de/tp/deutsch/special/enfo/6396/1.html
The news story is in English in the Guardian (UK) at
http://www.newsunlimited.co.uk/The_Paper/Weekly/Story/0,3605,45981,00.html
[8] ISP In Singapore Apologizes To Its
Subscribers After Scanning Their Computers
An Internet service provider in the city-state of
Singapore apologized to its subscribers after scanning
their computers without their knowledge. Anne Lee, 21, a
student filed a police complaint with the police that
someone with an account in the Home Affairs Ministry had
hacked into her computer.
It was uncovered that he computers of nearly half the
Internet subscribers in Singapore are being scanned
without their knowledge to determine if the systems are
vulnerable to hacker attacks. The screening of more than
200,000 SingNet and SingTel Magix customers was
disclosed.
Paul Chong, SingTel chief executive officer for
multimedia said that the ISP asked the Home Affair's
Ministry's information technology security unit to
conduct the scan after the March 6 arrest of two youths
who had hacked into 17 SingNet accounts. He said
customers were not informed of the scan so as not to
alarm them. Also, "real hackers might lie low" if the
scan was public knowledge. Mr Chong said the scanning so
far had shown some users were vulnerable, and they would
be informed.
See story, Singapore secret police computer scan scare
at http://www.singapore-window.org/sw99/90501sc.htm
For more on story see, http://news.bbc.co.uk/hi/english/world/asia-pacific/newsid_334000/334378.stm
[9] E-mail Empowerment in Indonesia
Moderator Nani Buntarian helped Indonesian women
launch the women's egroups list in July of 1998 to
provide a "clearing house tool" for the numerous women's
organizations that emerged after the resignation of
former president Soeharto. The sudden surge in women's
activism prompted a group of activist women to form the
Indonesian Women's Coalition for Justice and Democracy,
which held weekly planning meetings to capitalize on the
momentum for change. "We wanted our fair share of voice
in the changes made for the country," Nani explained in a
recent email message to NetAction webmaster Judi Clark.
"A lot of information needed to be shared. We needed a
mechanism to quickly disseminate information and
circulate feedback to create parity of awareness between
the women in Jakarta (the capitol) and our peers
elsewhere in the vast archipelago."
Nani was able to establish an email list because many
of the women's organizations scattered among the islands
were already on-line. Not everyone involved had access,
but with at least one email address per province, she
established "local hotspots" from which information could
be forwarded to other women's organizations or groups in
the area through more traditional methods of
communication. The list proved to be an effective means
of generating awareness among the groups of each other's
activities. This helped to foster coordinated action and
commitment to common positions on such issues as human
rights violations and violence.
The importance of the list was increasingly evident as
women's groups were preparing for the Indonesian Women's
Congress, which took place in December. Invitations to
the conference were circulated to about 60 list
subscribers. With only one week's notice to register, the
organizers anticipated about 150-200 participants.
Instead, they received more than 500 applications in just
seven days.
"All this is due to the simple power of a humble email
list," Nani told NetAction. "I dream of greater IT
empowerment in the local women's movement that will give
us greater independence in controlling our information
access and distribution." The Indonesian women's egroups
list has now grown to more than 100 subscribers.
In addition to political activism, women use the
Internet to network with peers, conduct research, archive
women's history, and support women's business ventures.
Among the thousands of women-oriented web sites,
NetAction found the following to be noteworthy:
WomensNet at IGC, http://www.igc.org/igc/womensnet/
Online Women's Business Center, http://www.onlinewbc.org/
The Backyard Project, http://www.backyard.org/
The Role Model Project for Girls, http://www.womenswork.org/girls/
This article is adapted from NetAction Notes, Issue
No. 48, April 30, 1999.
[10] India Announces Net Surveillance Plan
S.J. Singh (New Delhi, India) reports for Data
Communications, Networking News, that the Indian
government announced an Internet surveillance plan mid
April that could slow down 'Net traffic--and jack up
prices. ( This story is available online at http://www.data.com/story/DCM19990426S0001)
The plan would require Internet service providers to
connect their routers to state security agencies such as
the Intelligence Bureau and the Research and Analysis
Wing (both of New Delhi) so their traffic can be
monitored. Industry sources say the surveillance will
mean traffic reroutes and packet holdups. The government
also wants ISPs to install and monitor surveillance
equipment themselves. The cost of doing so could get
passed on to corporate customers in the form of a price
hike--and stifle the growth of India's fledgling Internet
industry. The plan has been approved by an inter-ministry
committee on Internet security set up by the prime
minister's office. It must be ratified by the Indian
parliament before going into effect.
[11] US 9th Circuit Rules Encryption
Regulations Unconstitutional
A US Appeals Court on Thursday found that strict
export limits on computer data scrambling technology
violated the free speech rights of a computer scientist
and University of Illinois professor, Daniel Bernstein
who wanted to post his encryption software program on the
Internet. Other academics and numerous high-technology
companies that oppose the export rules are likely to seek
a broader ruling to apply beyond Bernstein's case. The
Department of Commerce, which oversees the export limits,
could also appeal the decision to the full Ninth Circuit
or the Supreme Court.
Bernstein's encryption program called Snuffle was
written with instructions facilitating humans to
understand "source code". In 1995 when he was a graduate
student at the University of California, Bernstein asked
the State Department for permission to put the source
code and instructions for Snuffle on the Internet. The
department said the posting would violate the export
rules, International Traffic in Arms Regulations (ITAR),
and that Bernstein would need a license to "export" the
Paper, the Source Code, or the Instructions. Bernstein
with the support of GILC member the Electronic Frontier
Foundation (EFF) sued challenging the constitutionality
of these regulations. In 1996 President Clinton shifted
licensing authority for nonmilitary encryption
commodities and technologies from the State Department to
the Commerce Department which then enacted EAR
regulations to govern the export of encryption
technology, (regulations administered by the Bureau of
Export Administration ("BXA")) Bernstein subsequently
amended his complaint to add the Department of Commerce
as a defendant.
The court ruled that computer source code Snuffle was
protected by the First Amendment's free speech clause.
The court found that the EAR regulations operate as a
prepublication licensing scheme that burdens scientific
expression, and vests boundless discretion in government
officials, and lacks adequate procedural safeguards.
The court did not strike down the rules as applied to
object code --working computer software programs. "To the
extent the government's efforts are aimed at interdicting
the flow of scientific ideas (whether expressed in source
code or otherwise), as distinguished from encryption
products, these efforts would appear to strike deep into
the heartland of the First Amendment," the court said.
Bernstein's attorney, Cindy Cohn, said the decision meant
the export rules were unconstitutional for anyone living
in the Ninth Circuit territory, which includes
California. "This is precedent for them that it is
unconstitutional in the ninth circuit," Cohn said.
See story by Aaron Pressman WASHINGTON, May 6
(Reuters)
See the full text of the 9th
circuit's decision
See also the EFF's site at http://www.eff.org
[12] Dutch Law Goes Beyond Enabling
Wiretapping To Make It A Requirement
In the wake of a deregulation movement, which has been
sweeping through European telecommunications sector, some
EU governments feel increasingly threatened in their
ability to use communication networks for security and
law enforcement ends. With the passage of a new
Telecommunication Act, Dutch Parliament positioned itself
in the forefront of the governments being "concerned".
The Act stipulates, among other things, for cable
operators and ISPs to make their networks tappable by
police and security services.
The first article of the chapter 13 of the new Dutch
law reads as follows: "Providers of public
telecommunication networks and public telecommunication
services shall not make their telecommunications networks
and telecommunication services available to users unless
they can be wiretapped."
A further provision adds that the operator of the
network is required to supply and install the necessary
equipment at its own expense. The Council of Central
Business Organizations -- an association of biggest Dutch
employers -- estimates the resulting cost to business to
be in the hundreds of millions of guilders.
Privacy experts have warned that the new law does not
provide enough guarantees for the adequate protection of
privacy and, furthermore, opens new venues for the
potential abuses by the enforcement organs. In monopoly
times, telephone calls were routed by the phone companies
"to tapping rooms where police officers diligently
transcribed tape recordings," said Maurice Wessling, a
spokesman for XS4all Foundation one of the largest Dutch
ISPS with nearly 30,000 customers. "They are now trying
to force every single operator in the communications
market to set up tapping facilities at its own expense,"
he said. XS4all and other ISPs have opposed the new
provision because "we don't want to become an extension
of the judicial authorities," Wessling said.
Experts point out that the Act overlooks an important
difference between the old phone networks and the
information highways. The new digital technologies allow
methods of investigation - such as massive scale scanning
for words and patterns - which were not feasible with the
old analog telephony.
The Telecommunications Act meat its share of
opposition, notably from the Greens, but despite the
numerous objections and sharp criticism, was passed by
121 of the 150 members of the Second Chamber of the Dutch
Parliament. The opposing parties, however, managed to
obtain a separate resolution giving the operators of
networks an additional delay in the implementation of the
systems that make the tapping of the Internet possible.
The time frame for the delay has not been set up yet, but
"it will probably be two years", according to Henk
Houtman, a spokesman for the Dutch Ministry of
Transportation, Public Works and Water, in whose
jurisdiction fall the provisions of the Act. English
version of the Dutch Telecommunications Act:
http://www.minvenw.nl/hdtp/wetsite/act.html
[13] IC2000 Report Strasbourg and Barr
Amendment, United States: On Communications Interception
And ECHELON
The IC2000 report on communications interception and
ECHELON was approved as a working document by the Science
and Technology Options Assessment Panel of the European
Parliament (STOA) at their meeting in Strasbourg on 6 May
1999.
The report is therefore available for public
distribution from the European Parliament office in
Luxembourg. A web version has been prepared and will be
placed on the on the EP web site. Until that version is
loaded, specialist groups and media writers can obtain
the report from the temporary web site http://www.gn.apc.org/duncan/stoa_cover.htm
Key findings of the IC2000 report that comprehensive
systems exist to access, intercept and process every
important modern form of communications, with few
exceptions. There is original new documentary and other
evidence about the ECHELON system and its role in the
interception of communication satellites. In excess of
120 satellite based systems are currently in simultaneous
operation collecting intelligence information and
submarines are routinely used to access and intercept
undersea communications systems.
The report shows there is wide-ranging evidence
indicating that major governments are routinely utilizing
communications intelligence to provide commercial
advantage to companies and trade.
The report finds that although "word spotting" search
systems to automatically select telephone calls of
intelligence interest are not thought to be effective,
speaker recognition systems in effect, "voiceprints" have
been developed and are deployed to recognize the speech
of targeted individuals making international telephone
calls.
Recent diplomatic initiatives by the United States
government seeking European agreement to the "key escrow"
system of cryptography masked intelligence collection
requirements, forming part of a long-term program which
has undermined and continues to undermine the
communications privacy European companies and citizens.
The report distinguishes legally authorized domestic
interception and interception for clandestine
intelligence purposes and separates law enforcement and
"national security" interception activity.
Report states that providing the measures called for
in the 1998 Parliamentary resolution on "Transatlantic
relations/ECHELON measures may be facilitated by
developing an in-depth understanding of present and
future Comint capabilities. Protective measures may best
be focused on defeating hostile Comint activity by
denying access or, where this is impractical or
impossible, preventing processing of message content and
associated traffic information by general use of
cryptography. Other points in report:
-- In relation to the manner in which Internet
browsers and other software is deliberately weakened for
use by other than US citizens, consideration could be
given to a countermeasure whereby, if systems with
disabled cryptographic systems are sold outside the
United States, they should be required to conform to an
"open standard" such that third parties and other nations
may provide additional applications which restore the
level of security to at least that enjoyed by domestic US
customers.
-- It should be possible to define and enforce a
shared interest in implementing measures to defeat future
external Sigint activities directed against European
states, citizens and commercial activities.
Source: IPTV Ltd iptv@cwcom.net
In the United States Representative Bob Barr, a former
United States Attorney and CIA analyst who serves on the
House Judiciary, Government Reform, and Banking
Committees, made an important amendment to domestic law
marking for the first time that the United States
Congress may exercise some oversight of ECHELON. Barr
successfully amended the Intelligence Reauthorization Act
on the House Floor today, to require U.S. intelligence
agencies to report to Congress on the legal standards
justifying surveillance activities directed at American
citizens. The Barr amendment requires the Attorney
General, and the directors of the National Security
Agency and the Central Intelligence Agency to provide a
detailed report to Congress, explaining the legal
standards the intelligence community uses to monitor the
conversations, transmissions, or activities of American
citizens.
"I am extremely concerned there are not sufficient
legal mechanisms in place to protect our private
information from unauthorized government eavesdropping
through such mechanisms as Project ECHELON." Barr
continued, noting recent reports that Protect ECHELON,
run by the NSA in conjunction with Australia, New
Zealand, Canada, and the United Kingdom, intercepts some
two million transmissions each hour, with no judicial
review or safeguards whatsoever. (For more information on
Barr, visit his website at http://www.house.gov/barr.)
[14] US Trade Embargo Threatens to Shut down
B92 Internet Transmissions - only Remaining Access to
Unbiased Info
United States government April 30 trade embargo -
Executive Order 13121 - on Yugoslavia may endanger the
country's vital Internet links to the outside world and
its transmission of unbiased information. Under this
embargo US companies are forbidden from trading with
Yugoslavia. Internet communications are one of the only
remaining routes to independent information and debate
for Yugoslav citizens after April 2, when B92, the
leading independent broadcaster and the only
non-governmental source of information in and from
Yugoslavia was shut down, post NATO airstrikes.
Although the confiscation of the station's transmitter
by the government officials on March 24 took the station
off the air, B92 has continued to broadcast its
programming via the Internet and satellite. The ban on
the station, which took effect on April 2, ceased all
communications altogether, relieved the production crew
of their duties and replaced the station's manager Sasa
Mirkovic with Aleksandar Nikacevic, a member of
Milosevic's ruling Socialist Party.
Shortly after the closer of B92, a project "Help B92"
was launched in Amsterdam. The project generated a great
deal of support from around the world and reports 16,000
hits per day on its website.
Any constructive action, however, which would return
B92 to the Yugoslav airwaves, is largely impossible while
the NATO bombing continues. The infrastructure of the
country is heavily damaged and such essentials as office
space and telephone lines are almost impossible to
obtain. Furthermore, the key members of the B92
production team are under constant surveillance. All
these adverse circumstances substantially retard their
efforts to advance the cause.
Since May 11 B92 could be heard again, for the first
time since the government ban, on its new website.
FreeB92, which was launched by the Amsterdam support
group HelpB92, featured daily news, press reviews, radio
documentaries and live debates produced by the B92 team
of journalists and associates from around the world. Now
the United States embargo threatens even this access to
information. as a US satellite carrier Loral Orion may be
ordered to drop a satellite uplink arrangement that
supplies bandwidth to two of Yugoslavia's major Internet
service providers - infosky.net and BEOnet.yu. (Also
visit protest site at http://shutdown.beonet.yu)
Help B92 warns that the loss of this link would deal a
fatal blow to freedom of expression in Yugoslavia, as
Internet communications are one of the only remaining
routes to independent information and debate for Yugoslav
citizens. Help B92 is further concerned that the
all-encompassing wording of the embargo - which appears
to ban US companies and citizens from exporting software
and supplying services and technology (including
technical data) to Yugoslavia, Serbia and Montenegro -
could have further negative repercussions for freedom of
expression in Yugoslavia.
Drazen Pantic, founder of OpenNet, Serbia's first ISP
and host of independent radio B92's Web site before the
Serbian Government shut it down is quoted in Wired
Magazine online. He said that the Internet has stepped in
to fill the information vacuum created by biased
reporting from TV Serbia on one side and CNN on the
other. "People are exposed to bad propaganda on both
sides," he said. "The Internet is the only place there's
some kind of sanity. It's crucial. At this particular
moment it's crucial." Pantic noted that, should the Loral
link be severed, Yugoslavia still has three other
connections to the rest of the world. The nation has two
land lines and another satellite link through a European
carrier that is exempt from the US trade embargo.
However, in addition to the loss in bandwidth, Pantic
said it is significantly easier for the Serbian
government to tap land lines than satellite traffic.
For full article see Leander Kahney, Wired News
available online at http://www.wired.com/news/news/politics/story/19671.html
Help B92 has consistantly argued that vibrant and open
communication, without frontiers, is crucial to ending
the current conflict in Kosovo and Yugoslavia and
building a long and lasting peace for all people in the
region. It calls on those committed to freedom of
information and freedom of expression to uphold the right
to communicate freely on the Internet and to protest this
threat to Internet access for all the people of
Yugoslavia. HelpB92 is a support group for independent
broadcast media in Yugoslavia.
Visit support web sites: http://www.freeB92.net
To express your support and involvement: http://helpB92.xs4all.nl
Some information provided for this item by Maurice
Wessling of XS4All Foundation.
[15] South Africa Amends Child Pornography Law
To Cover The Internet
In their last session, the South African Parliament
passed a into law, an amendment to the Film and
Publications Act of 1996. The Amendment changes the
definition of child pornography and extends the
definition to the Internet. The new definition of "child
pornography" includes "any image, real or simulated,
however created, depicting a person who is or who is
shown as being under the age of 18 years, engaged in
sexual conduct or a display of genitals which amounts to
sexual exploitation, or participating, or assisting
another person to engage in sexual conduct, which amounts
to sexual exploitation or degradation of children".
The Amendment extends the definition of a
"publication" to include any message or communication,
including a visual presentation, placed on any
distributed network, including, but not confined to, the
Internet." Accordingly, "visual presentation" is amended
to include a drawing, picture, illustration, painting,
photograph or image produced through or by means of
computer software on a screen or a computer
printout."
A further amendment affords broad powers of
appointment, removal and suspension from office on the
Board and Review Board to the Minister. As the Act
stands, prior to the Amendment coming into law, only the
President could effect this on the advice of an advisory
panel. The Minister is also now given standing to lodge a
complaint with the Board. This was previously only to be
done by an aggrieved party.
The Act has been passed, but not yet signed into law
by the President. Efforts are being coordinated to appeal
to the President's office not to sign the Act into law as
it stands. Earlier this year, the President office sent
back 3 pieces of legislation before signing them into law
- to be changed to meet constitutional muster. Source:
Tracy Cohen of GILC Member the Centre for Applied Legal
Studies, University of the Witwatersrand School of
Law.
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