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.
Free Expression
[1] Mainland China "kills" online dissent
[2] DVD ruling endangers free speech
[3] ICANN elections controversy
[4] Online protests of new Korean censorship
plan
[5] Domain name decisions spark debate
[6] US mega-blocking bill introduced
[7] Ticketmaster ruling spares weblinks for
now
[8] New Russian anonymous email service
[9] Women outnumber men online in US
[10] Singaporean "courtesy" censorship rules
[11] Press companies sue over net cellular
content
Privacy and Encryption
[12] US Gov't mum on Carnivore spyware
[13] UK plans corporate and government net
tapping
[14] US CALEA ruling mixed on privacy
[15] New Indian surveillance scheme
[16] Japanese net tapping law in effect
[17] TrustE tracked visitors
[18] Survey: Americans worried about privacy
[19] New Spector software spies on users
[20] For sale: student email addresses
[21] Drug websites track users
[22] Wearable computers erode privacy
[1] Mainland China "kills" online dissent
Communist Chinese authorities had previously promised
a crackdown on dissent. Recent events suggest that they
are delivering on that promise.
The state-run Xinhua news agency is reporting the
development of new "killing" censorship software. This
program targets controversial material when it is
downloaded or viewed on a target computer. After an
initial warning, the software shuts down or "kills" any
application used to view the offending files. The new
device also monitors usage of computers in real time,
which allows officials using the program to actively
prevent the viewing of certain materials. Although the
software is supposedly targeted at pornography, Communist
officials previously have used similar products to
prevent the spread of pro-democracy information in
cyberspace.
Mainland Chinese officials are also backing up their
new technology by renewing their efforts to hunt down and
silence online dissidents. Jiang Shihua, a high school
computer instructor who also owned an Internet
café, was recently arrested for posting several
articles on the Information Superhighway that criticized
Communist officials. He is now charged with "incitement
to subvert state power" and faces a potential ten-year
stay in a Chinese labor camp. Earlier in the month,
government agents had shutdown a pro-democracy website,
www.xinwenming.net, and were launching new efforts to
clamp down on unsolicited e-mails, which many human
rights groups had used to supply news and information to
readers throughout the country.
These attempts have met with resistance and reproach
in a variety of forms. One group, Human Rights in China
(HRIC), went so far as to duplicate xinwenming.net on its
own site, along with a statement from the original page's
authors that denounced Beijing's apparent attempts at
censorship. In the Jiang Shihua case, free speech
advocates such as Robert Menard of Reporters Sans
Frontieres (RSF) have excoriated Communist authorities.
Menard argued that this Communist Chinese attempt to mete
out "punishment for expression of a peaceful opinion is a
serious violation of human rights."
For more on Beijing's new "killing" censorship
program, read "Bon Voyage, Voyeurs: New Anti-Pornographic
Software Developed," China Online, August 29, 2000 at
http://www.insidechina.com/localpress/chonline.php3?id=193691
Further information on Censorship in China is
available in a special news bulletin from the Digital
Freedom Network (DFN-a GILC member) under http://dfn.org/Voices/Asia/china/jiangshihua.htm
The HRIC mirror of Xinwenming (in Chinese) is located
at http://www.hrichina.org/Xinwenming/index.htm
Read "Press Freedom Group Urges Release of Chinese
Cyber-Dissident," Agence France Presse, August 23, 2000
at http://www.insidechina.com/news.php3?id=191742
See also "China To Crackdown On Junk E-Mail Senders,"
Agence France Presse, August 23, 2000 at http://www.insidechina.com/news.php3?id=191713
More information is available in "Demanding Release,"
Reuters, August 23, 2000 at http://www.abcnews.go.com/sections/tech/DailyNews/chinanet000823.html
[2] DVD ruling endangers free speech
A recent decision regarding a controversial
DVD-related computer program may have serious
implications for online free speech.
The case centers around DeCSS--a primitive computer
program to help users of the Linux operating system play
DVDs on their computers. The entertainment industry,
through the DVD Content Control Association (DVD CCA) and
the Motion Picture Association of America (MPAA), had
sued to prevent Internet users from linking to websites
that have DeCSS. In New York, the motion picture industry
is suing 2600 Magazine, which is defended by the
Electronic Frontier Foundation (EFF-a GILC member).
Previously, courts in both New York and California had
issued preliminary injunctions that barred computer users
from posting DeCSS on their websites. Many experts fear
that these actions may stifle free expression in
cyberspace.
In his ruling, Judge Lewis Kaplan banned individuals
from providing links to (or publishing) information about
the DVD Content Scrambling System (CSS) on the World Wide
Web. Curiously, he compared dissemination of such
programs to "the assassination of a political figure."
Kaplan analogized the work of these researchers who
developed DeCSS and 2600 magazine on the Internet to a
"propagated outbreak epidemic" that came from "a poisoned
well" and "spreads from person to person." An appeal of
the ruling is expected shortly.
Judge Kaplan's ruling is available (in PDF format)
under http://www.2600.com/dvd/docs/2000/0817-decision.pdf
For a 2600 editorial on the ruling, see http://www.2600.com/news/2000/0821.html
Read David Streitfeld, "Judge Backs Hollywood In DVD
Movie Case," Washington Post, August 18, 2000, page E1,
at http://www.washingtonpost.com/wp-dyn/articles/A47253-2000Aug17.html
See also Declan McCullagh, "Only News That's Fit to
Link," Wired News, August 23, 2000 at http://www.wired.com/news/print/0,1294,38360,00.html
[3] ICANN elections controversy
The group responsible for the Internet domain name
system is facing criticism that it suffers a democracy
deficit.
The Internet Corporation for Assigned Names and
Numbers (ICANN) has issued a complex system for people to
run for the Board if they are not chosen by its official
Nominating Committee. Under this system, hopefuls must
submit a list of personal information about themselves to
ICANN, then collect nominations. The number of
nominations required is 2% of the electorate in a given
region (e.g. North America) or 20 people, whichever is
greater. What is more, would-be candidates must get
endorsements from citizens in at least two countries.
In a related move, the current board has decided to
cap the number of candidates per region. Because ICANN
had an official Nominating Committee pre-select several
candidates for each region, this decision effectively
limited the number of ballot slots available for publicly
nominated candidates.
Many observers worry that this complicated scheme will
prevent publicly supported candidates from getting on the
ballot. Furthermore, a number of experts have pointed out
that the vast majority of candidates selected by the
Nominating Committee have strong links to big businesses
or government agencies. In the end, considerable doubts
have been raised as to whether the Board members who are
eventually elected will truly be representative of the
full Internet community.
For further details, visit the Internet Democracy
Project website at
http://www.internetdemocracyproject.org
See also David McGuire, "ICANN Official Defends Board
Nominees-Update," Newsbytes, August 2, 2000 at http://www.newsbytes.com/pubNews/00/153107.html
[4] Online protests of new Korean censorship
plan
What do you if the government tries to censor the
Internet? Try organizing a really big online sit-in.
That is apparently what happened in South Korea. The
Korean Information and Communications Ministry has
proposed a ratings system that would force web site
creators to label themselves if their materials could
somehow be considered harmful to teenagers. A Ministry
spokesperson explained that once the ratings system was
implemented, troublesome websites could then be blocked
off. The agency intends to submit this bill to the
National Assembly within the next few months, and the
entire system could be up and running by the middle of
next year.
Critics have scoffed at this scheme, claiming that it
would amount to de facto government censorship. Chang
Yeo-kyong from Internet rights group Progressive Network
noted that these "so-called voluntary ratings will be
reviewed by a government committee, which suggests
government's coercive control over the Internet."
Hundreds of enraged Internet users simultaneously visited
the Ministry's home page and disrupted service for hours,
apparently as part of massive "click-in" protest. Against
this backdrop, numerous politicians from the Korean
Democratic Labor Party will oppose the bill when the
Assembly begins considering the proposal this fall.
See "Net users block site to protest rating system,"
Associated Press, August 29, 2000, at http://news.cnet.com/news/0-1005-200-2642059.html
[5] Domain name decisions spark debate
Want to set up a protest website? Eager to pay homage
to your favorite city via the World Wide Web? Not so
fast.
That's apparently the message being given in a series
of decisions from various intellectual property and
domain name arbitrators. Several months ago, the Internet
Corporation for Assigned Names and Numbers (ICANN)
adopted a controversial Uniform Domain Name Dispute
Resolution Policy (UDRP) that many critics charge fails
to protect free speech. Subsequently, in all but two
arbitration cases under the UDRP, corporations have won
the rights to domain names of "-sucks" websites that
protest their policies, such as "walmartcanadasucks.com"
(which was awarded to the North American retail giant
Walmart). Another recent ruling, this time from the World
Intellectual Property Organization (WIPO), states that
the Barcelona City Council had "better rights" to the
domain name www.barcelona.com than the prior registrants.
In the past, two Spaniards ran Barcelona.com as a tourism
portal, with advertising from Pepper Media. It is not
clear why the City Council did not use some other easily
recognizable domain name (such as "barcelona.gov.es")
instead of going to arbitration.
The ruling further fuels concerns over the extent to
which WIPO or ICANN will recognize the free speech
possibilities of domain names. Despite calls to create
many more new top-level domains (like ".sucks" for
protest websites), ICANN has instituted "very stringent"
criteria for considering these inquiries. Among other
things, ICANN is charging $50,000 nonrefundable fees from
anyone who submits such proposals, as well as requiring
applicants to fill out a series complicated forms.
Moreover, many corporations are taking matters into their
own hands by registering domain names that could be used
by protestors. For example, telecommunications giant
Verizon has registered over 700 names (and spent US
$50,000), including Verizonsucks.com, in an apparent
attempt to silence its critics.
For more on corporate attempts to register potential
protest website domain names, read David Streitfeld,
"Making Bad Names for Themselves," Washington Post,
September 8, 2000, page A1, at http://www.washingtonpost.com/wp-dyn/articles/A30525-2000Sep7.html
To learn more about UDRP arbitration result
statistics, read Gwendolyn Mariano & Evan Hansen,
"Parody sites sucked into cybersquatting squabbles," CNet
News, August 24, 2000 at http://news.cnet.com/news/0-1005-200-2604599.html
For further details on the Barcelona.com controversy,
see Louise Ferguson, "Geographic Domains on Shaky
Ground," The Industry Standard, August 11, 2000 at
http://www.thestandard.com/article/display/1,1151,17627,00.html
More details can be seen under Anick Jesdanun, "Board
Accepting Ideas For New Net Suffixes," Washington Post,
August 4, 2000, page E3, at http://washingtonpost.com/wp-dyn/articles/A34275-2000Aug3.html
Additional details on Verizon's mass domain name
registration drive, read Stefan C. Friedman,
"Verizon'sreallymad@hackerquarterly.com," New York Post,
August 15, 2000 at http://www.nypost.com/business/9655.htm
See also http://www.internetdemocracyproject.org
[6] US mega-blocking bill introduced
Troubled by various proposals to block content on the
Internet? Would you feel any better if they were combined
into one big package?
That is the approach that's been taken in a recent
plan being considered by the United States Congress. The
so-called "Children's Internet Protection Act" is
actually an amendment to a Labor-Health and Human
Resources funding bill. This scheme combines several
different filtering plans, and would essentially require
high schools and libraries to include blocking software
on all of their computers. Institutions that refused to
do so (or implement policies to that effect) would
receive federal funding.
Educators and cyberliberties groups have savaged this
omnibus package because it may severely restrict the flow
of information online. The American Civil Liberties Union
(ACLU-a GILC member) bemoaned the fact that although "a
unanimous 1997 Supreme Court decision ruling that said
the Internet should have the same free speech protections
as more traditional media, members of Congress continue
to introduce legislation aimed at censoring free speech
on the web." Moreover, the ACLU expressed fear that these
new plans "could prevent students without home computers
from realizing the full potential of information
available on the Internet. Because they can be so
restrictive and overreaching, blocking programs
significantly reduce the amount and diversity of speech
and information available to individuals." Similar
concerns were expressed by the Center for Democracy and
Technology (CDT-a GILC member).
For the text of this bill (in PDF Format), visit
http://www.cdt.org/legislation/106th/speech/000807cipa.pdf
To see an ACLU action item regarding recent
Congressional filtering legislation, visit http://www.aclu.org/action/blocking106.html
[7] Ticketmaster ruling spares weblinks for
now
Should it be a crime to tell people where to find
information on another website?
The answer is apparently not clear, based on
developments in a recent case. Ticketmaster Online-City
Search Inc. had sued a rival, Tickets.com, for providing
weblinks to pages inside Ticketmaster.com, rather than
Ticketmaster.com's frontpage. According to one lawyer for
Ticketmaster, the actions of Tickets.com constituted "an
unlawful trespass on our personal property." In spite of
the apparently anachronistic nature of this lawsuit, a
Federal judge refused to throw out the case; however, the
court also refused to issue a preliminary injunction that
would force Tickets.com to stop their practices
immediately.
Many experts are concerned that a ruling in favor of
Ticketmaster might make it harder to find things along
the Information Superhighway, as well as curtailing
freedom of expression. In particular, these observers
fear that such a decision might severely crimp the
operation of search engines (such as Google and Yahoo) or
news websites that provide links to additional background
information.
For more information, read Steven Bonisteel,
"Ticketmaster Gets Setback In 'Deep-Linking' Suit,"
Newsbytes, August 15, 2000 at http://www.newsbytes.com/pubNews/00/153665.html
To read the court's decision not to grant a
preliminary injunction, click http://www.gigalaw.com/library/ticketmaster-tickets-2000-08-10-p1.html
[8] New Russian anonymous email service
It may be getting easier for Russians to speak freely
online.
Quickmail.ru is a new Russian language service that
provides users with web-based e-mail access. What makes
the service special is that it doesn't require people to
log in, register or otherwise personal information about
themselves-they can simply go to the site and starting
typing. While users can't receive messages through
Quickmail, they can send messages to any e-mail address
and talk about any subject. Moreover, as one spokesperson
explained, the system was designed to be "convenient,"
adding that his company "worked on the principle of doing
good for the majority."
Quickmail is just one of several new technologies from
around the world (including a new AT&T project called
Publius) that may help online dissidents, whistleblowers
and other concerned citizens make their voices heard
without fear of reprisals or censorship. Yet despite the
potential benefits of Quickmail, rival Internet companies
have threatened to block any messages from the service,
based on purported concerns over "incorrect use."
Read Melissa Akin, "New E-Mail Invites Excesses," St.
Petersburg Times, August 8, 2000 at http://www.sptimes.ru/archive/times/592/news/b_email.htm
See also John Borland, "AT&T vows no censorship on
new network," CNet News, August 7, 2000 at http://news.cnet.com/news/0-1004-200-2458275.html
[9] Women outnumber men online in US
The majority of American Internet users are women, not
men.
That's the conclusion of a new report from Media
Metrix and Jupiter Communications. The report, based on
statistics collected this past May, found that 50.4% of
Internet users in the United States were women. This is a
vast increase from 1996, when women only constituted 38%
of the American Internet population. The jump was
especially large among girls from 12 to 17 years old,
where percentage of users rose by 126 percent. Many of
these teenage cybernauts were apparently drawn by content
or expression-based websites, including webpages that
provided interesting news articles or music. Moreover,
according to Media Metrix Analyst Anne Rickert, "This is
definitely not a one-time outnumbering of men. It's a
trend that suggests women are favorably positioned for
further growth in the years to come."
See Leslie Walker, "Teen Girls Help Create Female
Majority Online," Washington Post, August 9, 2000, page
E3, at http://washingtonpost.com/wp-dyn/articles/A58646-2000Aug8.html
[10] Singaporean "courtesy" censorship
rules
Be polite while you're on the Internet, or else...at
least if you're in Singapore.
The official Singapore Courtesy Council has issued
stringent rules in the past regarding many types of
conduct, including telling people to immediately remove
crying children from movie theaters. Now the Council has
promulgated codes of conduct for Internet users. The
Council lambasted people who use "rude" language, "use
short forms and do not address people properly." The
agency is also looking at ways to promote self-censorship
in order to discourage "vulgar" speech.
These warnings are further evidence of efforts by
Singaporean authorities to restricting online expression.
A recent United States government human rights audit
noted that the Singaporean leadership "does not classify
regulation of the Internet as censorship, the SBA
[Singapore Broadcast Authority] directs service
providers to block access to web pages that, in the
Government's view, undermine public security, national
defense, racial and religious harmony, and public
morals." In addition, officials in Singapore have often
used such concerns as a pretext to conduct widespread
secret surveillance on ordinary Internet users.
Read "Mind your p's and q's on Net," The Straits
Times, August 8, 2000 at http://straitstimes.asia1.com.sg/singapore/sin14_0808_prt.html
To read the latest U.S. State Department Human Rights
Report on Singapore, click http://www.state.gov/www/global/human_rights/1999_hrp_report/singapor.html
[11] Press companies sue over net cellular
content
Do you enjoy reading web excerpts of articles from
major news agencies? An upcoming court case may put your
habits on ice.
Several major news corporations, including The New
York Times Co., the Cable News Network division of Time
Warner, The Washington Post Co., and Gannett (which
publishes USA Today) are suing GoSMS.com. GoSMS had taken
articles from websites of these companies and transmitted
them to cellular telephone users, 160 words at a time.
The plaintiffs are alleging copyright and trademark
infringement along with a variety of other claims,
including false advertising and unfair competition.
GoSMS chief executive Yuval Golan countered that his
company was "justified" in providing these excerpts to
its customers, and noted that his firm is not making any
money from this activity. Moreover, Golan mentioned that
many of cellular phone users had displays with limited
capabilities and would not have been able to read the
plaintiffs' web articles without a service similar to
GoSMS.
See "News firms sue over wireless access to content,"
Associated Press, August 8, 2000 at http://news.cnet.com/news/0-1004-200-2468835.html
[12] US Gov't mum on Carnivore spyware
The United States government is dragging its feet in
providing details on one of its newest surveillance
schemes.
That's what many privacy advocates are saying as they
seek information about Carnivore. Carnivore is a device
that is attached to the server of a given Internet
service provider. This device intercepts all Internet
transmissions that come through the server, then parses
out pertinent material, based on chosen keywords. The US
Department of Justice (DoJ) has confirmed that Carnivore
can monitor private e-mail messages as well as activity
on the World Wide Web and in chat rooms. The US Federal
Bureau of Investigations (FBI) then decides which
particular communications it believes it is entitled to
review.
The revelations about Carnivore sparked considerable
public concern over the system's potential privacy
ramifications. In a recent hearing before the US Senate
Judiciary Committee, James Dempsey from the Center for
Democracy and Technology (CDT-a GILC member) argued that
"as a black box controlled by the FBI and inserted into
the network of an Internet service provider to search
through thousands or millions of messages, including
those of innocent people, Carnivore is not the right
solution." Dempsey added that "Carnivore is the latest in
a series of wake-up calls about the perils facing
personal privacy in the digital age." Similar concerns
were voiced at a House subcommittee hearing held later
that day by Gregory Nojeim of the American Civil
Liberties Union (ACLU-a GILC member) and Marc Rotenberg
of the Electronic Privacy Information Center (EPIC-a GILC
member).
In addition, both EPIC and the ACLU have filed Freedom
of Information Act (FOIA) requests for more details on
the Carnivore system. After a Federal judge ordered the
Department of Justice to formally respond to EPIC's
request, the DoJ sent a cryptic, noncommittal statement
suggesting that it might provide some documents within 45
days and at successive intervals afterwards. Unsatisfied
with this statement, EPIC filed papers asking a court to
force complete disclosure by December 1, 2000.
Meanwhile, the DoJ is soliciting contractors to do an
internal review of Carnivore's privacy implications.
However, many observers are worried that this review will
not go far enough in determining whether Carnivore in
itself unlawfully violates the privacy of Internet users.
EPIC General Counsel David Sobel noted: "I don't think
any review of this kind could answer all of the questions
that have been raised. If that's the intention, that this
process is going to put all of those concerns to rest, I
don't think it's going to accomplish that. Which is why
we are pursuing our FOIA request as aggressively as we
are."
Indeed, a number of colleges have already turned down
FBI offers to perform the review, including the
Massachusetts Institute of Technology (MIT). An MIT
spokesperson complained the FBI wanted "a rubber stamp"
that the FBI's entreaty "is not a request for an
independent report."
See Will Rodger, "Carnivore unlikely to be validated,"
USA Today, September 5, 2000 at http://www.usatoday.com/news/ndstue06.htm
To read testimony from the September 6, 2000 Senate
Committee hearings on Carnivore, click http://www.senate.gov/~judiciary/wl96200f.htm
To read testimony from the September 6, 2000 House
subcommitee hearings, visit http://www.house.gov/judiciary/cons0906.htm
For further details, see Frank James, "U.S. Seeks
University Experts to Review FBI's E-Mail Probes,"
Chicago Tribune, August 25, 2000, at http://www.chicagotribune.com/news/nationworld/article/0,2669,SAV-0008250314
,FF.html
For the Department of Justice's solicitation for
Carnivore reviewers (in PDF Format), visit http://www.usdoj.gov/jmd/pss/CarnivoreRFP-82400.pdf
See also "Carnivore Slow to Spill Its Guts," The
Industry Standard, August 17, 2000 at http://www.thestandard.com/article/display/1,1151,17758,00.html
[13] UK plans corporate and government net
tapping
British Internet users may have to watch what they
type at work as well as at home.
The United Kingdom recently adopted the highly
controversial Regulation of Investigatory Powers Act
(RIP). The Act essentially forces Internet Service
Providers to build so-called "black boxes" into their
networks, thereby allowing the government to monitor
their customers. The RIP scheme would also allow the
British government to demand private encryption keys,
passwords and other such information-those who refuse to
comply may face up to two years in prison. Not
surprisingly, the bill had been lambasted by a wide
spectrum of groups, including Cyber-Rights &
Cyber-Liberties UK (a GILC member), which expressed fears
that the RIP proposal (even with an added Code of
Practice) did not sufficiently protect personal privacy.
Similar concerns were expressed by several other GILC
members, including Privacy International and Index on
Censorship. Public debate over the new measure was
further fueled by a British Chamber of Commerce report
that suggested the implementation of the RIP plan would
cost an estimated 46 billion pounds (US $69.9
billion).
The British Department of Trade and Industry is now
trying to piggyback additional guidelines that would
allow businesses to monitor their workers. In an attempt
to appease employers, the Department has extended the
deadline for suggestions to October 24, 2000. However,
the agency did not provide any details on whether these
regulations would violate the European Human Rights Act,
which the British government is scheduled to sign within
a few weeks. In addition, the Department did not address
the many loopholes contained within the act, which in
many cases would allow monitoring of Internet users
without their knowledge.
The full text of the RIP proposal as adopted is
available from the Foundation of Information Policy
Research at http://www.fipr.org/rip/ripa2000.htm
For more details on the lawful business practices
regulations, read "UK Delays Work Email Legislation,"
Reuters, August 25, 2000 at http://www.wired.com/news/print/0,1294,38447,00.html
For further background information, visit the
Cyber-Rights & Cyber-Liberties UK homepage at
http://www.cyber-rights.org
[14] US CALEA ruling mixed on privacy
A recent ruling on several controversial surveillance
standards may strengthen the privacy of people
online.
The case involved the Communications Assistance for
Law Enforcement Act (CALEA), a controversial law enacted
in 1994, which requires the telecommunications industry
to design its systems in compliance with technical
requirements from the United States Federal Bureau of
Investigations (FBI) to facilitate electronic
surveillance. In negotiations over the last few years,
the FBI and industry representatives were unable to agree
upon those standards, resulting in a recent ruling by the
United States Federal Communications Commission (FCC).
The FCC had approved rules that, among other things,
would enable the Bureau to track the physical locations
of cellular phone users and potentially monitor Internet
traffic.
Subsequently, several different groups, including GILC
members the Electronic Privacy Information Center (EPIC),
the Electronic Frontier Foundation (EFF), the Center for
Democracy and Technology (CDT) and the American Civil
Liberties Union (ACLU), challenged the decision on the
grounds that the FCC ruling exceeded the requirements of
CALEA and frustrated the privacy interests protected by
Federal statutes and the US Constitution. A US Federal
appeals court held that law enforcement agencies must get
a court order or other lawful authorization before they
could use new surveillance capabilities. Indeed, the
court held that the FCC "was simply mistaken" when it
interpreted certain technical standards to expand "the
authority of law enforcement agencies to obtain the
contents of communications." The three judge panel also
struck down several provisions of the FCC ruling,
including a section that allow government officials to
intercept numbers dialed after a user had connected
through phone lines (which might include such things as
password information and personal identification
numbers).
This decision casts doubt on several government
surveillance initiatives, including Carnivore--a US
government device that intercepts all Internet
transmissions that come through the server, then parses
out pertinent material, based on chosen keywords (see
item 12 above). Legal scholars have noted that the
court's heightened protection for personal information
would seem to bar Carnivore's wholesale collection of
data.
For further information, read Oscar S. Cisneros,
"These Wires Were Made for Tapping," Wired News, August
14, 2000 at http://www.wired.com/news/print/0,1294,38170,00.html
See also Kalpana Srinivasan, "Court Throws Out Some
Wiretapping Rules," Associated Press, August 16, 2000 at
http://www.foxnews.com/national/081600/digital_wiretapping.sml
More details are available in "FCC Ordered to revise
digital wiretap rules," Bloomberg News, August 15, 2000
at http://www.usatoday.com/life/cyber/tech/cti400.htm
[15] New Indian surveillance scheme
New rules from the Indian government may make it more
difficult for Internet users to protect their
privacy.
Under this regime, the official "Telecom Authority
shall have full rights to monitor all the traffic" that
comes through cable-based networks. "The license shall
ensure that the bandwidth provider...gives the complete
monitoring rights to the Telecom Authority." As a part of
this plan, the government is imposing yearly fees of
2,000,000 rupees in order to defray the costs of
monitoring. Oddly enough, Indian officials have even gone
so far as to ban voice communications through the
Internet.
This announcement has been met with considerable
skepticism. The burgeoning Indian computing industry is
complaining that government interference will prevent
them from making full use of the bandwidth and hampering
growth. These charges are also aimed at official policies
that allowed state-run companies to monopolize numerous
aspects of the Internet service industry. It remains to
be seen what precise effect these regulations will have
on privacy in cyberspace.
Read "India unveils rules for private Internet
gateways," Reuters, August 14, 2000 at http://www.totaltele.com/view.asp?ArticleID=29883&pub+tt&categoryid=626
[16] Japanese net tapping law in effect
A wide spectrum of groups fear that a new Japanese law
will erode privacy in cyberspace.
The Communications Interception Law, which was passed
in 1999, has finally come into force. Among other things,
the new statute allows Japanese law enforcement officials
access to private e-mail accounts if they are
investigating certain types of crime, which can even
include immigration-related offences. The measure had
received negative reviews from many quarters, ranging
from opposition party leaders to computer scientists.
Indeed, polls showed that a majority of the public did
not support the bill and feared that the new standards
would have a deleterious effect on individual
privacy.
In spite of the bill's passage, many network providers
and privacy groups have continued the fight. Under
current Japanese laws, government agents must include an
observer from the company whose network is being tapped.
However, several companies, including NTT DoCoMo (the
country's biggest mobile telecom carrier), are refusing
to send such witnesses. Meanwhile, cyberliberties groups
such as Japanese Net Workers against Surveillance
Taskforce (NaST-a GILC member) have organized public
protests asking legislators to repeal the new statute.
NaST (along with several other organizations) recently
submitted a formal petition with 100,000 signatories to
the Diet (Japanese parliament), asking representatives to
repeal the new wiretapping statute.
For further information (in Japanese), visit the NaST
homepage at http://www.jca.apc.org/privacy/
For English-language details on the new law and the
NaST petition, visit http://www.apc.org/english/news/archive/jca_001.htm
See also Martyn Williams, "Japan's Police Gain Right
to Tap Phone, E-Mail," The Industry Standard, August 15,
2000 at http://www.thestandard.com/article/display/1,1151,17697,00.html
[17] TrustE tracked visitors
A group that supported industry attempts at privacy
self-regulation apparently tracked computer users through
its website.
Over the past few years, TrustE encouraged its
corporate partners to write better privacy policies and
has given away seals of approval. However, a security
group named Interhack recently discovered that TrustE's
website was using digital identification files called
"cookies" and tiny images (known as "webbugs") to monitor
visitors online. This practice was not even mentioned in
TrustE's own privacy policy. After a reporter contacted
TrustE asking for comments, the tracking system was
discontinued. A spokesperson for the group admitted that
TrustE had allowed a major information and marketing
company, Internet.com, to monitor traffic on its website,
but that the organization "cut all ties with Internet.com
so that we could investigate this further."
This incident cast further doubts as to whether
computer companies or other self-regulatory initiatives
can be trusted to protect online privacy. TrustE had
already drawn criticism for failing to withdraw seals of
approval from companies like RealNetworks that had
secretly tracked users. Interhack president Matt Curtin
pointed out that TrustE had "been making a lot of noise
about making policy that will protect privacy, and they
have a policy that does not disclose what exactly they
are giving out. They really ought to know better."
For more details, read "Net privacy firm tracked site
visitors," Associated Press August 25, 2000 at http://www.usatoday.com/life/cyber/tech/cti444.htm
To see TrustE's privacy policy, click http://www.truste.com/TRUSTe_privacy.html
[18] Survey: Americans worried about
privacy
"The vast majority of American Internet users want the
privacy playing field tilted towards them and away from
online companies. They think it is an invasion of their
privacy for these businesses to monitor users' Web
browsing."
That is according to a recent report by the Pew
Internet & American Life Project. The study, entitled
"Trust and privacy online," found that a whopping 86% of
Internet users want policy that would force Internet
companies to ask them permission before using information
about them (a procedure known as "opt-in"). A majority of
the Internet users surveyed (54%) believe that "Web
sites' tracking of Internet users is harmful because it
invades their privacy." Additionally, "94% of Internet
users want privacy violators to be disciplined." A number
of respondents have taken matters into their own hands by
providing false personal information, as well as using
encryption and anonymizing software.
"Trust and privacy online" is available at http://www.pewinternet.org/reports/toc.asp?Report=19
[19] New Spector software spies on users
Several new software packages may be jeopardizing
Internet privacy.
One of these programs, known as "Spector," secretly
takes screen shots of the monitor on a target computer
every few seconds, then saves these shots for future
viewing. Spector can capture a whole host of personal
information--including passwords, private e-mail
messages, downloaded images, chat room dialogue and
financial data--all without the target individual's
knowledge or consent. Even more alarmingly, a
spokesperson for Spectorsoft (which manufactures Spector)
said that sales of the product had risen by 900% over the
past year. The software maker has now introduced a new
version (called eBlaster) that allows easier monitoring
from another computer.
The widespread use of these programs has led to
several disturbing developments. For one thing, some
people have started to buy and use this software simply
to invade people's privacy; as one aficionado admitted,
"It's kind of like an addiction." Not surprisingly, the
Florida Attorney General's office has launched an
investigation to determine whether Spectorsoft's products
violate state privacy laws.
Read Chris Kridler, "Home-spying software prompts
investigation," Gannett News Service, August 29, 2000 at
http://www.usatoday.com/life/cyber/tech/cti451.htm
For more details, see James Walker, "Cyber-Spying,"
ABC News (US), August 21, 2000, at http://abcnews.go.com/onair/WorldNewsTonight/wnt000821_cyberspying_feature.html
See also Libby Copeland, "Cyber-Snooping Into A
Cheating Heart," Washington Post, August 8, 2000, page
C1, at http://washingtonpost.com/wp-dyn/articles/A52154-2000Aug7.html
[20] For sale: student email addresses
Hoping to go to college? You may have to give up your
privacy first.
The College Board administers the heavily used
Scholastic Aptitude Test (SAT) to millions of college
applicants. Now it is taking the e-mail addresses it has
collected from its test-takers and putting them up for
sale. The Board apparently has already sold other forms
of personal information to a multitude of recipients,
including names and home addresses. As Brad Quin of the
College Board crowed, "We're talking about providing
colleges sometimes hundreds and thousands of names where
they're really cultivating first contact." Marketing
companies are also delighted by this move; Brian Niles
from TargetX.com claimed that "Students don't want mail,
they want e-mail."
So far, the Board has failed to explain precisely how
these applicants will be able to prevent the
dissemination of this personal data, short of giving up
their college dreams. Furthermore, it is highly unlikely
that these students (who must pay service fees simply to
take the test) will receive any compensation for this
apparent invasion of privacy.
See "Student e-mail addresses up for sale," Associated
Press, August 17, 2000, at http://www.msnbc.com/news/447582.asp
[21] Drug websites track users
Looking to find out information on new drug cures?
Someone may be secretly looking over your shoulder.
Pharmatrak Inc. has recently admitted to tracking
visitors to several drug company websites. The
Boston-based company did this by using digital
identification files called "cookies" and tiny images
(known as "webbugs"). Pharmatrak has apparently
accumulated such extensive files on users that it can
even tell what profession a visitor belongs to as well as
their location and what files they collect. Moreover,
since the company is not technically and advertising
service, it falls within a loophole in a much ballyhooed
privacy arrangement that was recently endorsed by the
United States Federal Trade Commission (FTC).
Several experts have savaged this surreptitious
monitoring of individuals online. Richard M. Smith of the
Privacy Foundation charged that Pharmatrak's methods were
"all hidden" and were "getting very close to that line of
what nice people don't do." One state attorney general is
threatening legal action, saying that this scheme had
"taken stealth to a new low. It is a classic example of
corporate surveillance." Yet in spite of this criticism,
Pharmatrak has announced plans to step up its spying
ways, stating that "[i]n the future, we may
develop products and services which collect data that,
when used in conjunction with the tracking database,
could enable a direct identification of certain
individual visitors."
For further details, see Robert O'Harrow Jr., "Firm
Tracking Consumers on Web for Drug Companies," Washington
Post, August 15, 2000, page E1, at http://washingtonpost.com/wp-dyn/articles/A25494-2000Aug14.html
[22] Wearable computers erode privacy
Worried about your privacy online? Imagine if you were
actually wearing your computer.
Blue jeans manufacturer Levi's and electronics
manufacturer Philips have joined forces to create
electronic clothing. These suits connect the wearer to
the Internet, and include cellular telephone hookups,
audio players, microphones, headphones and remote control
panels. However, it is not clear whether the designers
made any attempt to preserve the privacy of the wearer.
Indeed, a Philips spokesperson noted that these clothes
would allow other people to discover very personal
information about users, including sensitive medical data
such as heart rates.
As it turns out, these devices have even more serious
problems besides the privacy issues. For one thing, the
jackets are prone to severe computer crashes. Worse
still, the suits apparently are not waterproof, and may
malfunction if they are worn in the rain or washed.
See "'Techno' clothing hits high street," BBC News
Online, August 16, 2000 at http://news.bbc.co.uk/low/english/sci/tech/newsid_882000/882254.stm
ABOUT THE GILC NEWS ALERT:
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To alert members about threats to cyber liberties, please
contact members from your country or send a message to
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To submit information about upcoming events, new
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Coordinator, American Civil Liberties Union 125 Broad
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