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] Korean censorware plans draw fire
[2] US libraries, schools face blocking
deadline
[3] Mainland China jails more Net dissidents
[4] Malaysian news sites face uphill battle
[5] DVD battles rage Down Under and in US
[6] 2TheMart and MeltroniX Net speech cases
[7] Domain name deals spark anger
[8] Anti-fair use standards fail again
[9] Holocaust site flap Down Under
[10] Ford sues over anti-General Motors Net
name
[11] Hollywood spies then sues Net speakers
[12] Internet usage worldwide varies heavily
[13] Whistleblower website launched
[14] Australian censor system largely dormant
Privacy and Encryption
[15] Cybercrime pact lurches forward
[16] iRobots webcams spy on children
[17] Communist China plans Carnivore-type
spyware
[18] New British cyberspy agency created
[19] Euro hearing on ECHELON surveillance
[20] US-EU flap over Safe Harbor contracts
[21] Microsoft SmartTags & Hailstorm privacy
woes
[22] EBay pulls an Amazon, waters down privacy
policy
[23] Biometric software faces privacy &
technical woes
[24] EU panel questions Australian privacy
laws
[25] DoubleClick suffers security breach
[26] German gov't searches Net music lovers'
homes
[27] Privacy surveys reflect public unease
[28] Sales problems for invasive CueCat, TiVo
devices
[29] Digital hospital sparks privacy concerns
[30] Upcoming Japan privacy meetings
[1] Korean censorware plans draw fire
Controversy continues to surround Korean government
plans to block both domestic and overseas websites.
The Korean Ministry of Information and Communication
is pushing a special Internet ordinance that essentially
would require blocking software to be installed in
cybercafes and other public computing facilities. A
special Information Communication Ethics Committee
already has drawn up a list of some 119 000 "anti social"
sites that they deem objectionable. This list, which
apparently includes numerous overseas webpages, will soon
be provided to software developers for incorporation
within blocking packages. Authorities will also work with
Internet service providers to make sure access to any
questionable webpages will be denied; criminal penalties
will be levied on those who aid and abet access to such
sites. However, many questions about this plan have yet
to be answered, including what criteria will be used to
determine which sites should be blocked, or even the
precise pages that have banned.
The measure, which is expected to take effect this
July, has drawn heavy criticism over its potentially
damaging impact on freedom of expression. Some of these
concerns were aired in a recent meeting at the Sejong
Cultural Art Center in Seoul; at the event, Chang Yeo
Kyung from Jinbonet argued that the proposal will not
protect children, but will only ensure "that the rights
of parents and the public will be seriously violated."
Opponents of the ordinance specifically focused on how
virtually all blocking programs were prone to errors and
tended to block many sites that had no controversial
content whatsoever. These groups are now suing in court
in the hopes of striking down the new restrictions.
See Kim Deok-hyun, "120,000 Internet sites
blacklisted," Korea Times, May 2, 2001 at http://www.hankooki.com/kt_tech/200105/t2001050217201245110.htm
See also Kim Deok-hyun, "Internet Filtering Ordinance
Spurs New Debate," Korea Times, Apr. 23, 2001 at
http://www.hk.co.kr/kt_tech/200104/t20010-42316411745110.htm
Read "Seoul taking action against foreign pornographic
sites," Korea Herald, Apr. 11, 2001 at http://www.koreaherald.com/SITE/data/html_dir/2001/04/11/200104110036.asp
[2] US libraries, schools face blocking
deadline
Protests are mounting over a new Internet blocking law
that affects educational institutions throughout the
United States.
The so-called "Children's Internet Protection Act"
essentially requires high schools and libraries to
include blocking software on their computers.
Institutions that refuse to do so (or refuse to implement
policies to that effect) would lose federal funding. CIPA
is now being challenged in court by several groups,
including the American Civil Liberties Union (ACLU-a GILC
member) and the American Library Association.
The law was to take effect on April 20, 2001, but
deadline for compliance has been pushed back until July
1, 2001 at the earliest. These delays came partly at the
behest of cyberlibertarians, who expressed concerns about
the law's effectiveness and potential harm to freedom of
expression. Indeed, the Electronic Frontier Foundation
(EFF-a GILC member) mobilized street protests in New York
and California to vent frustration over CIPA, as well as
a special BayFF forum.
For an ACLU press release on the subject, click
http://www.aclu.org/news/2001/n041901b.html
Read Brian Krebs, "Web Filters At Schools, Libraries
By July 2002," Newsbytes, Apr. 6, 2001 at http://www.newsbytes.com/news/01/164204.html
For more on EFF-sponsored street protests, visit
http://www.eff.org/Censorship/Censorware/20010420_chipa_protest_pics.html
For more on the EFF BayFF forum on censorware, see
http://www.eff.org/br/br1.html
[3] Mainland China jails more Net
dissidents
With a flurry of arrests, mainland China has
apparently started a new offensive against its online
critics.
Reports indicate mainland Chinese authorities have
arrested several activists, including Guo Qinghai, who
had written numerous online opinion pieces that urged
reforms, and Lu Xinhua, who sent messages to various Web
sites overseas and documented human rights abuses.
Another online dissident, Chi Shouzhu, was held after he
printed out material from a pro-democracy website. He had
been released just a few months ago after serving a
decade in jail for his participation in the 1989
Tienanmen demonstrations. Meanwhile, fellow Internet
activist Leng Wenbao was subjected to two hours of police
interrogation while his house was ransacked and his
computer was seized. Government agents are also holding
Yang Zili, the proprietor of www.lib.126.com, which
included articles on the suppression of the Falun Gong
spiritual movement, economic disparities in Chinese
society and critiques of communism.
Additionally, Chinese commisars have banned the
opening of any new cybercafes for at least three months,
in an apparent attempt to stifle various forms of
Internet content. Similar initiatives are being launched
at the local level, including Shanghai. In some areas,
the computers in these establishments are being fitted
with "information purifiers" that block access to various
controversial websites. The crackdown may have a
far-reaching impact because the vast majority of the
population does not have home Internet access, and must
depend on cybercafes to get on the Information
Superhighway.
Not surprisingly, these moves have met with dismay
from free speech advocates. Robert Menard from Reporters
Sans Frontieres (RSF) said that while "China escaped
condemnation at the Human Rights Commission of the United
Nations, this ... new wave of repression reminds us that
China is still an enemy of the Internet and of freedom of
expression."
For the latest details, see the following bulletin
from the Digital Freedom Network (DFN-a GILC member)
under http://dfn.org/focus/china/guo-sentence.htm
For more of Menard's remarks, click http://www.rsf.fr/uk/html/asie/cplp01/lp01/190401.html
Read "Online activists arrested in China," Guardian
Unlimited, Apr. 19, 2001 at http://www.guardianunlimited.co.uk/internetnews/story/0,7369,475164,00.html
See also "China internet café debate heats up,"
BBC News Online, Apr. 29, 2001 at http://news.bbc.co.uk/hi/english/world/monitoring/media_reports/newsid_13020
00/1302309.stm
Read Sue Bruell, "Beijing to Forbid Opening of New
Cyber Cafes," China News Digest, Apr. 14, 2001 at
http://www.cnd.org/Global/01/04/15/010415-2.html
See also "State Council tightens control over Internet
cafes," China Online, Apr. 17, 2001 at http://www.chinaonline.com/issues/internet_policy/newsarchive/secure/2001/ap
ril/C01041201.asp
Read "Shanghai sets strict content restrictions for
TV, radio on Web," China Online, Mar. 26, 2001 at
http://www.chinaonline.com/issues/internet_policy/NewsArchive/Secure/2001/Ma
rch/C01032304.asp
See also "China cracks down on file-swapping sites,"
Bloomberg News, Mar. 27, 2001 at http://news.cnet.com/news/0-1005-200-5262396.html
[4] Malaysian news sites face uphill
battle
Malaysian online journalists are facing a barrage of
harassment from government agents.
In the latest move, Malaysian government agents
arrested ten people, including Raja Petra Kamaruddin, who
is webmaster of Freeanwar.com, and Malaysiakini.com
reporter Hisammuddin Rais. The arrests were presumably an
attempt to undercut support of Anwar Ibrahim, the former
deputy prime minister who was imprisoned in September
1998 under suspicious circumstances. Kamaruddin, Rais and
at least 5 other detainees were charged with violating
the country's Internal Security Act, which allows
individuals to held indefinitely without a trial.
Malaysian authorities have also put additional
pressure on various corporations to either block online
criticism or engage in self-censorship. These efforts
apparently led multinational webhost Tripod.com to
shutdown nearly a dozen opposition sites. Similarly,
AgendaMalaysia recently relaunched its webpage with less
content than before; in a thinly-viewed dig at Internet
activists, the news agency's editor, Rozaid Rahman,
proclaimed that his group was "not going to change the
world. That is a daydream."
For further details, visit the freeanwar.com website
under http://www.freeanwar.com/facnews/suaramappeal270401.htm
For a special bulletin on this subject from the
Digital Freedom Network (DFN-a GILC member), click
http://dfn.org/focus/malaysia/jailed-activists.htm
See K. Kabilan, "Missing websites: no word from
Tripod," Malaysiakini, Mar. 19, 2001 at http://www.malaysiakini.com/News/2001/03/2001031910.php3?print=1
See also "New Tack for Malaysian News Site," Reuters,
Apr. 4, 2001 at http://www.wired.com/news/politics/0,1283,42828,00.html
[5] DVD battles rage Down Under and in US
The fight over DVD-related speech restrictions has now
reached Australian shores.
The battle centers around the copy protection and
regional coding schemes used in digital video discs.
Previously, computer researchers had created DeCSS--a
primitive computer program to help users of the Linux
operating system play DVDs on their computers. Over the
past year, the entertainment industry, through the DVD
Content Control Association (DVD CCA) and the Motion
Picture Association of America (MPAA), has waged legal
battles in both New York and California to prevent
Internet users from linking to websites that have DeCSS.
Many experts fear that these actions may stifle free
expression in cyberspace.
In Australia, where interest in DVDs is growing,
machines that are sold Down Under generally cannot play
discs from the other countries due to the regional
coding. Users who wish to view DVDs from, say, Japan must
modify their players, but the process brings legal
problems (including possible nullification of the product
warranty). These difficulties have led some experts, such
as Allan Fels of the Australian Competition and Consumer
Commission, to suggest the coding restrictions contained
on DVDs actually violate the country's trade practices
laws. There are additional concerns that these code-based
restraints may have a significant detrimental impact on
free speech, from preventing fair use of materials
contained on DVDs to abetting controversial content
rating systems.
Meanwhile, in the United States, the next round of
legal battles over DeCSS took place May 1. The Electronic
Frontier Foundation (EFF-a GILC member), which is
defending 2600 magazine against the MPAA, recently added
a new member to its DeCSS legal team: Stanford Law School
Dean Kathleen Sullivan, who conducted oral arguments
before a panel of 3 Federal appeals court judges. During
this session, she suggested that copyright laws such as
the Digital Millennium Copyright Act were acting as a
"digital straightjacket" that hampered fair use and other
free speech rights: "It's as if the laws, as applied, say
you can't print a blueprint of a copying machine."
However, at least one panelist seemed less than receptive
to these arguments. Judge Jon Newman countered that the
law does not necessarily allow individuals "to make fair
use in the most technologically modern way". Newman
further pooh-poohed the idea that fair use and other free
speech doctrines fully apply to the Internet, suggesting
at one point that newspapers such as the New York Times
did not "need the digital format to write their reviews."
A ruling is expected in several weeks.
For the latest on the New York court battle, see
Declan McCullagh, "DVD Piracy Judges Resolute," Wired
News, May 2, 2001 at http://www.wired.com/news/digiwood/0,1412,43470,00.html
See Caitlin Fitzsimmons, "Restricting DVDs 'illegal':
ACCC," Australian IT, Mar. 27, 2001 at http://australianit.news.com.au/common/storyPage/0,3811,1836144%255E1286,00.
html
For further background information on the growing
popularity of DVDs in Australia, see Adrian Kerr,
"Philips predicts VCR demise," ZDNet Australia, May 2,
2001 at http://www.zdnet.com/zdnn/stories/news/0,4586,2714548,00.html
For an EFF press release on the hiring of Dean
Sullivan, visit http://www.eff.org/IP/Video/MPAA_DVD_cases/20010402_eff_sullivan_pr.html
For more on a possible ban on T-shirts containing
DeCSS information, read John Naughton, "Been there,
outlawed it-banned the T-shirt," The Observer, Apr. 1,
2001 at http://www.guardianunlimited.co.uk/internetnews/story/0,7369,466363,00.html
[6] 2TheMart & MeltroniX Net speech
cases
Free speech activists are cheering over a recent court
ruling that protected the personal information of several
online speakers.
The case centered around 2TheMart.com, which tried to
uncover the identities of some 23 people who had posted
critical comments about the company. The move was opposed
by GILC members the American Civil Liberties Union (ACLU)
and the Electronic Frontier Foundation (EFF). A United
States Federal judge eventually quashed this request.
Aaron Caplan, an attorney with the local (Washington
State) ACLU affiliate, noted that the decision was
important because "[t]here are a number of
situations where, if people don't feel it is safe for
them to speak anonymously, they may not speak at all. It
is important for people to have that outlet for speech,
persuasion and organization."
However, another court case is brewing in California,
where computer manufacturer MeltroniX is trying to
discover the names of several online detractors. The
company is suing these Internet users for making
allegedly "vicious, defamatory and damaging comments,"
and is asking a court to award punitive and financial
damages. The corporation has even gone so far as to call
personal information regarding these people as "a matter
of public record" and that it would monitor them to
enforce what it called "responsible posting."
An EFF press release on the 2TheMart decision is
available at http://www.eff.org/Legal/Cases/2TheMart_case/20010420_eff_2themart_pr.html
For more on the recent Seattle anonymous free speech
victory, see David McGuire, "Court Ruling A Boon For
Online Anonymity-ACLU," Newsbytes, Apr. 20, 2001 at
http://www.newsbytes.com/news/01/164776.html
See also Stefanie Olsen, "Court backs right to free
speech on Web," ZDNet News, Apr. 20, 2001 at http://www.zdnet.com/zdnn/stories/news/0,4586,5081526,00.html
For more on the MeltroniX controversy, see Linda
Hamilton, "Chatroom posters to be sued and outed," The
Register (UK), Apr. 9, 2001 at http://www.theregister.co.uk/content/6/18192.html
[7] Domain name deals spark anger
Several new agreements on the future of .com, .edu and
other Internet suffixes are raising concern among many
members of the Internet community.
In one of the these deals, the Internet Corporation of
Assigned Names and Numbers (ICANN) awarded domain name
giant Verisign the right to control the .com registry for
at least 6 more years. ICANN also approved contracts that
would grant Verisign powers over .org for at least one
more year and .net for 4 years. The decision came despite
intense opposition from a several quarters, including
ICANN's own Names Council. This opposition arose partly
because of the apparently undemocratic approach with
which these contracts were conceived, as well as fears
that the agreements will hurt competition and free
expression. Indeed, ICANN's Board of Directors refused to
make a final decision on this matter during its public
meetings Down Under, but made their move during a private
conference call that had been scheduled specifically for
this purpose. These contracts may yet be countermanded,
however, as several leading United States politicians
have petitioned for greater oversight of these and other
ICANN activities.
Meanwhile, the U.S. Commerce Department (through its
subdivision, the National Telecommunications and
Information Administration) is planning to turn control
over .edu to Educause--a Washington D.C.-based group that
lobbies on behalf of colleges and their corporate
partners. The decision was taken with virtually no
opportunity for public comment. Some observers have
expressed concern over whether Educause will impose
restrictions on the use of .edu, particularly in regard
to educational institutions based outside the United
States. These and other subjects are expected to be major
topics for discussion at ICANN's upcoming June meetings
in Stockholm.
For an Educause press release on the .edu takeover,
click http://www.educause.edu/news/2001/04/edudomain.html
Read Mark Ward, "Domain dispute drags on," BBC News
Online, Apr. 20, 2001 at http://news.bbc.co.uk/hi/english/sci/tech/newsid_1287000/1287432.stm
To read a letter from US Congressmen regarding new
ICANN-Verisign contracts, click http://www.house.gov/commerce/letters/03302001_150.htm
For more on calls for greater oversight of ICANN, see
Juliana Gruenwald, "ICANN Issues Hitting Commerce
Department," Interactive Week, Apr. 9, 2001 at http://www.zdnet.com/intweek/stories/news/0,4164,2705712,00.html
For more on ICANN's Stockholm meetings, click
http://www.icann.org/stockholm
[8] Anti-fair use standards fail again
Troubles continue to mount for various technical
measures which many experts feel may curb the free flow
of information online.
Under the proposed SigningStation system, consumers
would have to disclose their identities and have
entertainment companies assign them a special
individualized digital key. After customers purchase a
given digital video or music product, they would use key
for authentication, and only then would be able to view
or hear what they had bought. However, experts wonder
whether SigningStation will unnecessarily restrict the
ability of individuals to make fair use of legally
obtained digital materials. In addition, the complex
identification requirements are raising serious privacy
concerns. These considerations have fueled speculation
over whether the entire plan is the financially
viable.
Similar concerns have already led IBM to shelve
Content Protection for Removable Media (CPRM), which
would have placed copy protection software and special
digital markings on each individual's hard drive (as well
as removable drives and other such systems).
Nevertheless, Microsoft is pushing a somewhat analogous
scheme called "Secure PC" that is designed to prevent
computer users from duplicating audio files, as well as
anti-copying regimes in its latest version of Windows
Media Player. Ironically, Microsoft is itself being sued
by InterTrust, which claims the copy protection schemes
used in the Media Player have infringed on InterTrust's
patents. It remains to be seen whether any of these
systems will achieve commercial acceptance or what impact
they would have on Internet free expression.
For more on InterTrust's patent lawsuit against
Microsoft's copy-protection schemes, read John Borland,
"Anti-piracy company sues Microsoft," Apr. 27, 2001 at
http://news.cnet.com/news/0-1005-200-5744735.html
For more on SigningStation, see David P. Hamilton,
"Start-up locks to media files," Wall Street Journal,
Apr. 23, 2001 at http://www.zdnet.com/zdnn/stories/news/0,4586,2710873,00.html
See John Borland, "Anti-privacy plans for hardware
fail," CNet News, Apr. 2, 2001 at http://news.cnet.com/news/0-1005-200-5422475.html
See also John Lettice, "MS plans 'Secure PC' that
won't copy pirated audio files," The Register (UK), Mar.
23, 2001 at http://www.theregister.co.uk/content/4/17851.html
[9] Holocaust site flap Down Under
Attempts to shutdown a controversial Australian
website have raised troubling questions over Internet
censorship.
The site in question was the brainchild of Dr.
Fredrick Toben, a former school instructor who questioned
much of the forensic evidence related to the Holocaust.
The materials contained on Toben's webpages drew the ire
of Kathleen McEvoy, the Commissioner of Australia's Human
Rights & Equal Opportunity Commission (HREOC). She
claimed that the site violated the country's Racial
Discrimination Act and ordered that the offending
webpages be taken down. The Executive Council of
Australian Jewry is now attempting to enforce the HREOC
order through the courts.
These moves have generated opposition from free speech
advocates. Irene Graham from Electronic Frontiers
Australia (EFA-a GILC member) noted that "the HREOC
decision ... does not provide any indication at all" of
what specific speech is illegal and worried that these
vague standards may chill expression online. Moreover,
she charged that these "futile" and "counterproductive"
bans "don't take into account the technology of the
Internet and the worldwide nature of the Internet." A
court hearing on this matter has been postponed until
June 12, 2001.
See Penelope Debelle, "Free speech row on Holocaust
website," Fairfax IT, Apr. 9, 2001 at http://it.mycareer.com.au/e-commerce/20010409/A35206-2001Apr9.html
[10] Ford sues over anti-General Motors Net
name
Several efforts to prevent domain name trademark
violations may erode free speech and privacy rights
online.
The Ford Motor Company is suing 2600 magazine over a
domain name that criticizes General Motors. Ford's
rationale was that the term might confuse "the public
into believing that somehow Ford has approved (of the
tactic) or is somehow involved." Curiously, General
Motors had already threatened legal action against 2600
several months ago; a GM spokesperson has since said that
his company "absolutely and totally" supports Ford in its
attempted domain name takedown. A court hearing is
scheduled for May 2, 2001.
These moves comes after the World Intellectual
Property Organization issued a report calling for further
trademark-based restrictions on domain names, including
the use of geographic and personal terms. Under these new
regimes, Internet users would be completely excluded from
using certain terms (including the names of well-known
drug products and international organizations), even if
those terms are used for such purposes as public
criticism or commentary. In an editorial, 2600 retorted
that there should be "many more top-level domains that
are dedicated to a specific purpose, rather than attempts
to control and manipulate every use of a particular name
or word throughout all Internet domains. Unfortunately,
WIPO doesn't appear to see it that way. ...
[T]his 'additional protection' is likely to cause
great harm to the remaining freedoms of the net."
WIPO is also urging Whois databases (which contain
personal information about domain name holders) to be
expanded and standardized, thus making them searchable by
virtually anyone on the Internet. However, skeptics fear
that this last idea will curb anonymous free speech and
undercut online privacy. These fears have grown strong in
Australia, where the lack of privacy protections for this
kind of data have led to numerous reported incidents of
fraud.
WIPO's interim report is available via http://wipo2.wipo.int/process2/rfc/rfc3/index.html
To read a 2600 editorial on WIPO's report, see "WIPO
Recommends Banning Certain Names and Words From Domains,"
2600, Apr. 16, 2001 at http://www.2600.com/news/display.shtml?id=255
For a schedule of WIPO regional consultations, click
http://www.wipo.int/pressroom/en/releases/2001/p260.htm
Read Steven Bonisteel, "WIPO Says: Keep Whois Open
(And Keep It Accurate)," Newsbytes, Apr. 20, 2001 at
http://www.newsbytes.com/news/01/164786.html
For more on fraudulent use of domain name registrant
data, read Kate Mackenzie, "'Hijackers' lead to domain
changes," Australian IT, Apr. 12, 2001 at http://australianit.news.com.au/common/storyPage/0,3811,1887934%5E442,00.html
For further background information, visit http://www.internetdemocracyproject.org
[11] Hollywood's legal threats against Net
speakers
Legal threats from the entertainment industry have
forced a university professor to remain silent about his
software research.
The case revolves around the Secure Digital Music
Initiative (SDMI), a software standard that several major
entertainment conglomerates are supporting as a way to
discourage copying of sound files. SDMI's creators tried
to demonstrate the strength of this software by
challenging computer programmers to crack the code.
Professor Eric Felten of Princeton University agreed to
participate, but was then told by SDMI's sponsors not to
reveal the results of his work. Prof. Felten balked at
these restrictions and withdrew his official
participation, deciding instead to conduct independent
investigations of SDMI along with several other
scientists. After his team discovered a way to break
through SDMI's protections, he received a warning from
the SDMI consortium saying that "Any disclosure of
information gained from participating in the Public
Challenge would be outside the scope of activities
permitted by the Agreement and could subject you and your
research team to actions under the Digital Millennium
Copyright Act." Felten and his fellow researchers
eventually conceded to these demands; he later expained:
"Litigation is costly, time consuming and uncertain,
regardless of the merits of the other side's case.
Ultimately, we, the authors, reached a collective
decision not to expose ourselves, our employers and the
conference organizers to litigation."
Meanwhile, powerful forces from the entertainment
industry are also clamping down on the use of software
through surveillance and similarly-styled legal warnings.
The Motion Picture Association of America (MPAA) is using
software developed by Ranger Online to spy on Internet
users and find people who use various types of
duplication products such as Gnutella. MPAA has used the
collected information to send hundreds of
cease-and-desist letters, despite the fact that Gnutella
and other similar programs can be used for noninfringing
purposes. Yet despite the intimidating language contained
in these letters, MPAA attorney Ken Jacobsen claimed that
his group was merely trying "trying to do is educate the
population about what is appropriate, both from an
ethical standpoint and from a legal standpoint."
Numerous companies (including Microsoft) have launched
analogous efforts around the world-efforts have also led
to new legislation in several European nations, including
Hungary. These attempts have renewed concerns about the
future of online free speech in the face of intellectual
property-based strictures.
For more on the threats leveled at Prof. Felton, read
"Researchers cave in to SDMI legal threat," Associated
Press, Apr. 26, 2001 at http://news.cnet.com/news/0-1005-200-5737707.html
See also Elizabeth Wasserman, "Breaking the Code
Crackers," The Industry Standard, May 7, 2001 issue at
http://www.thestandard.com/article/0,1902,24076,00.html
Read Lisa M. Bowman, "Broadband fans busted over
Gnutella," CNet News, Apr. 17, 2001 at http://news.cnet.com/news/0-1005-200-5641576.html
For more about Ranger Online spyware, visit http://www.rangerinc.com/1/index.htm
For more on new EU copyright restrictions, see Thomas
C. Greene, "EU Sanctifies copyrights a la DMCA," The
Register (UK), Apr. 11, 2001 at http://www.theregister.co.uk/content/6/18255.html
For more on Microsoft/police copyright efforts, read
Glenn Simpson, "Microsoft urges global antipiracy
effort," Wall Street Journal, Apr. 2, 2001 at http://www.zdnet.com/zdnn/stories/news/0,4586,2703424,00.html
For additional details on harsh Hungarian copyright
laws, see John Horvath, "Criminal Society," Heise
Telepolis, Mar. 24, 2001 at http://www.heise.de/tp/english/inhalt/te/7211/1.html
See also Matt Ford, "Big Brother on track to find the
pirates," Fairfax IT, Apr. 9, 2001 at http://it.mycareer.com.au/software/20010409/A35305-2001Apr9.html
[12] Internet usage worldwide varies
heavily
New studies indicate that much of the world is coming
online, but progress has been uneven.
This is particularly true in Africa, according to
statistics compiled by the International
Telecommunications Union. Somalia, for example, only has
about 200 Internet users out of a population of over 7
million people. South Africa, on the other hand, has 1.8
million cybercitizens-roughly 60% of all Internet users
on the continent. Indeed, outside of South Africa, less
than 0.2% of the population is connected to the
Information Superhighway.
In other parts of the globe, the Internet has grown at
higher rates. This is particularly true in Europe; home
Internet use (as measured by time spent online) has
tripled in France and Spain and nearly doubled in the
United Kingdom. Another nation experiencing an Internet
boom is Korea, which has been helped by a surge in
wireless websurfers. South Korea also has the world's
highest rate of broadband connectivity-a rate that is
more double that of the United States.
Read Jenny Sinclair, "Why the Internet is out of
Africa," Fairfax IT, Apr. 9, 2001 at http://it.mycareer.com.au/e-commerce/20010409/A35302-2001Apr9.html
For more on burgeoning European Internet usage, read
Steve Gold, "Internet Usage Increasing in Europe, Despite
Downturn," Newsbytes, May 2, 2001 at http://www.newsbytes.com/news/01/165210.html
See also "European Net traffic rockets," Reuters, Mar.
28, 2001 at http://www.zdnet.com/zdnn/stories/newsbursts/0,7407,2702024,00.html
For more on the growth of the Internet in Britain,
read Julia Snoddy, "UK Net user numbers grow despite
dot.coms crash," The Guardian, Apr. 24, 2001 at http://www.guardianunlimited.co.uk/internetnews/story/0,7369,477523,00.html
Read "OECD broadband figures show Korea leads," Total
Telecom, May 1, 2001 at http://www.totaltele.com/vprint.asp?txtID=39503
See also "South Korea Leads World Broadband Net Race,"
Reuters, Apr. 23, 2001 at http://www.thestandard.com/article/0,1902,23891,00.html
For more on general Korean Internet usage, read "Korea
No. 1 in use of multimedia sites," Korea Herald, May 4,
2001 at http://www.koreaherald.com/SITE/data/html_dir/2001/05/04/200105040010.asp
See also "Korean users of wireless Internet total
18.52 mil." Korea Herald, Apr. 18, 2001 at http://www.koreaherald.com/SITE/data/html_dir/2001/04/18/200104180009.asp
[13] Whistleblower website launched
Will a new webpage help workers expose corporate
abuses?
The British firm Forensic Accounting has launched an
initiative specifically targeted at employees who wish to
vent their concerns to higher-ups without fear of
reprisal. Informants who visit the website can post
surreptitious warnings of possible criminal activity on
the job, without having to pay any fees. Afterwards, the
site's operators will forward entries to management teams
of companies that subscribe to the service, as well as
offer advice.
Raj Bairoliya, managing director of Forensic
Accounting, stressed the importance of this venue for
anonymous free speech: "The whistleblower's lot has not
been a happy one. Most people are too scared because
there is nothing in it but a downside." The plan has
received support from several groups, including Public
Concern at Work, which is dedicated to helping employees
who have suffered reprisals for reporting corporate
misdeeds. However, the website raises questions as to
whether the authorities or major companies are making
sufficient efforts to protect anonymity online. Indeed,
George Staple from the British Fraud Advisory Panel noted
that past efforts at helping whistleblowers had not been
particularly successful, partly because the issue of
protecting the identities of corporate informants "is not
high enough on the agenda of most company
managements."
See Michael Peel, "SURVEY-CLASSIFIED RECRUITMENT:
Justice at a price," Financial Times, Apr. 26, 2001 at
http://globalarchive.ft.com/globalarchive/article.html?id=010426001244&query=Forensic+Accounting
See also Michael Peel, "Whistleblower
website welcomed," Financial Times, Apr. 11,
2001.
[14] Australian censor system largely
dormant
Does Australia really have a serious problem with
harmful online material?
That's what many experts are wondering based on a new
report. Nearly two years ago, the Australian government
created a complaint-based regime that, depending on the
circumstances, would screen out websites based on film
guidelines. Adult theme websites, which are defined to
include "verbal references to ...suicide, crime,
corruption, martial problems, emotional trauma, drug and
alcohol dependency, death and serious illness, racism,
[or] religious issues" would be likely candidates
for censure.
The plan took effect in January 2000. However, a
subsequent government-commissioned study revealed showed
that out of nearly six million of Australian
cybercitizens, only 124 complaints were received during
the first three months of the new regime. A later report
issued this past April indicates that the massive wave of
filings expected by some of the law's backers still had
yet to take place. For example, between July and December
2000, the Australian Broadcasting Authority sent
take-down notices to only 6 sites regarding content Down
Under; notices were sent to a mere 22 sites over the
entire year.
According to many observers, these findings illustrate
how the entire scheme has been a waste of resources.
Irene Graham, executive director of Electronic Frontiers
Australia (EFA-a GILC member) noted that the Australian
government "seems to be spending its time either
referring overseas sites to content filter makers, or
issuing take-down notices for domestic sites that could
largely have been caught through existing laws. The
government trumpets this as having made the Internet safe
for children, but we think that's merely giving a sense
of false security to parents. What they're doing is
making, at best, a miniscule difference to how safe the
Internet is for children."
The report is available via http://www.dcita.gov.au/nsapi-graphics/?MIval=dca_dispdoc&ID=5651
For press coverage, read Stewart Taggart, "Questioning
the Oz Net Censors," Wired News, Apr. 24, 2001 at
http://www.wired.com/news/print/0,1294,43182,00.html
[15] Cybercrime pact lurches forward
Despite intense criticism, European politicians are
moving ahead with a European cybercrime plan that may
erode online privacy.
Under this Council of Europe treaty, signatory
countries would enact laws that might make it easier for
government agents to search computers and conduct
real-time surveillance on private citizens through
telecommunications networks. The convention includes
provisions that may allow law enforcement officials
greater access to many types of personal security
information, such as encryption keys. Additionally, the
scheme could pressure Internet service providers (ISPs)
to monitor and retain records on customer activities,
under threat of legal liability. Furthermore, the draft
would have signatories create new penalties for copyright
infringement. European Union officials are now pushing
for new sections that would ban websites containing
language deemed hateful or inflammatory, an apparent
extension of a controversial French ruling against Yahoo
regarding Nazi memorabilia on its auction pages.
The treaty has been the subject of intense criticism
for months. Joe McNamee of the European Internet Service
Provider Association (EuroISPA) worried that the treaty
would require the collection of vast amounts of personal
data, and said that while "[n]obody's opposed to
fighting cybercrime," his group and others were "opposed
to fighting innocent people and privacy." There are also
serious complaints regarding the secretive nature with
which the entire plan was conceived. On that point, Gus
Hosein of Privacy International (a GILC member) called
the procedure used to create the treaty "the worst
process I've seen so far when it comes to transparency in
government." Yet despite these concerns, the Council's
parliamentary assembly approved the current draft, and
sent the matter into the hands of an experts panel that
compile a final version. Full assent could come as early
as June 2001.
European nations apparently are not the only countries
coming up with new cybercrime plans. Thailand is
considering new laws that would allow government agents
greater surveillance powers in cyberspace-standards that
are broadly similar to those contained in the CoE treaty
(including penalties for copyright infringement). In
Australia, law enforcement officials are also proposing
new amendments that would carry stiff punishments for
various Internet activities, including decade-long jail
sentences.
For more of Mr. Hosein's remarks, read Rick Perera,
"Cybercrime treaty a step closer to becoming law,"
Infoworld.com, Apr. 25, 2001 at http://www.infoworld.com/articles/hn/xml/01/04/25/010425hntreaty.xml
For German language information, see "Europarat
verabschiedet Cybercrime-Abkommen," Heise Online, Apr.
25, 2001 at http://www.heise.de/newsticker/data/ame-25.04.01-000/
Read Karnjana Karnjanatawe, "Thai Computer Crime Law
Nears Public Hearing," Bangkok Post, Mar. 21, 2001 at
http://www.newsbytes.com/news/01/163424.html
Further details regarding Australian cybercrime plans,
see Megan McAuliffe, "Australian hackers face jail time,"
ZDNet Australia, Apr. 9, 2001 at http://www.zdnet.com/zdnn/stories/news/0,4586,2705803,00.html
See also David Adams, "Momentum grows for e-crime
centre," Fairfax IT, Mar. 28, 2001 at http://it.mycareer.com.au/industry/20010328/A32552-2001Mar28.html
[16] iRobots spy on children
Who wants an android to spy on their kids?
That's what some people are wondering with the
introduction of iRobot. This device, according to the
manufacturer, is a "multi-purpose home robot that can be
controlled from anywhere in the world." iRobot includes a
live-action camera and microphone mounted on a six-wheel
chassis. Images and sounds collected by the robot are
then broadcast along the Internet by wireless. Computer
users can control this device through their web browser.
The entire package is being marketed as a way for parents
to monitor their children, but is also being supplied to
the United States Defense Advanced Projects Research
Agency (DARPA) and various corporations for surveillance
purposes.
The company has conceded that personal web cameras
"could lead to situations where we are being monitored 24
hours a day, and privacy is a thing of the past. For
example, if you wanted to be able to see what was going
on at your house, you would have to install and wire
cameras in every room. That's a lot of cameras, and for
your family, it means never knowing if you are being
watched or not." Curiously, the company claims this
privacy problem does not apply to its product because
"iRobot-LE(tm) is not a web cam," despite later
assertions such as: "iRobot-LE is a serious appliance
that can bring the power of the Internet out of the study
and into the kitchen or living room when you are at
home." Indeed, the corporation also admits through its
privacy policy that it uses digital information files
known as "cookies" to track users and places the burden
on consumers to opt-out of its data collection
system.
The iRobot privacy policy is posted at http://www.irobot.com/privacy/privacy.asp
Further company information on iRobot is posted at
http://www.irobot.com/ir/ir_not.asp
See Peter H. Lewis, "Remotely
interesting," Fortune, Apr. 2, 2001.
Read Eric Auchard, "I Spy," Reuters, Apr. 17, 2001 at
http://abcnews.go.com/sections/scitech/DailyNews/spycameras010417.html
[17] Beijing plans Carnivore-type spyware
Mainland China is looking for a new way to monitor
Internet users, and it appears to be taking a hint from
the United States.
Reports indicate that the Chinese government is
developing a new "black box" system to wiretap the
Internet. While details are only beginning to emerge, the
device is apparently derived from technology previously
used in airline cockpit data recorders. The goal of this
"black box," however, is to allow Chinese officials to
watch over and hunt down dissidents and possible
opponents to the current ruling regime.
The entire system appears to be broadly similar to
Carnivore-a device developed by the United States
government. Carnivore is attached to the server of a
given Internet service provider and intercepts all
Internet transmissions that come through the server, then
parses out pertinent material, based on keywords provided
by the administrator. Carnivore and its successor DCS
1000 have come under heavy criticism over the past few
months as being serious threats to online privacy. Some
of these concerns were reiterated by privacy advocates in
a recent discussions with US Attorney General John
Ashcroft.
See "China Plans to Build Internet Monitoring System,"
China News Daily, Mar. 20, 2001 at http://www.cnd.org/Global/01/03/20/010320-3.html
For more on current discussions of Carnivore, see
Brian Krebs, "Groups Urge Ashcroft To Act On Carnivore,
Privacy Issues," Newsbytes, May 3, 2001 at http://www.newsbytes.com/news/01/165261.html
[18] New British cyberspy agency created
The British government is launching a new cybercrime
center that is causing concern among privacy
advocates.
British Home Secretary Jack Straw recently unveiled a
National Hi-Tech Crime Unit. This unit will have several
dozen employees, consisting of law enforcement agents and
information technology experts, and will focus on crimes
that involve the Internet. While precise details on
operations are not readily available, operatives are
expected to collect information regarding online
activities for possible future action or prosecution. The
entire enterprise will cost an estimated 25 million
pounds sterling.
The move is being seen with a certain degree of
apprehension, due in part to the sweeping powers this
agency may have under the controversial Regulation of
Investigatory Powers Act (RIP) that was enacted last
year. RIP requires the creation of a special center with
links to Britain's Internet service providers (ISPs),
which will allow law enforcement officials to spy on the
online activities of most UK citizens. Many people worry
that the Act will enable government agents to conduct
wide scale searches into the activities of private
Internet users. Yaman Akdeniz of Cyber-Rights and
Cyber-Liberties UK (a GILC member) warned that "this
partnership could turn ISPs into an arm of the law
enforcement agencies because there are a lot of
requirements on them for data collection and analysis."
Similar sentiments have been aired over an analogous
arrangement in the Netherlands.
See Mark Ward, "Cybercops arrest online liberty," BBC
News Online, Apr. 18, 2001 at http://news.bbc.co.uk/hi/english/sci/tech/newsid_1283000/1283127.stm
Read Sarah Left, "Government launches cyber-crime
unit," Guardian Unlimited, Apr. 18, 2001 at http://www.guardianunlimited.co.uk/internetnews/story/0,7369,474518,00.html
See also Jelle van Buuren, "Dutch Government and ISP's
Reach Compromise On Interception of The Internet," Heise
Telepolis, Apr. 25, 2001 at http://www.heise.de/tp/english/inhalt/te/7458/1.html
[19] Euro hearing on ECHELON surveillance
More details may soon be revealed about a super-secret
global surveillance system.
A committee of European Parliament members will soon
visit the United States in an attempt to discover more
details about ECHELON. ECHELON is popularly used to
describe a system that is designed to intercept
communications from around the world. It is supposedly
operated by the United States National Security Agency in
conjunction with several other intelligence agencies.
Reports suggest that ECHELON is capable of intercepting
e-mail messages, faxes, and telephone conversations.
Fears about possible ECHELON privacy abuses led the
European Parliament to form a temporary investigatory
committee. At a committee hearing held a few weeks ago,
several witnesses expressed concern about ECHELON's
potential threat to individual rights. One of them, Yaman
Akdeniz from Cyber-Rights & Cyber-Liberties UK (a
GILC member), noted that "[i]f the current
allegations are true, all law abiding European citizens
and companies are at risk of being monitored every day
without any legal basis. ... [W]e are
particularly concerned about the lack of democratic
oversight on data being intercepted, stored and processed
with systems like Echelon."
Afterwards, members of the EP panel decided to visit
the United States on a fact-finding mission that will
include discussions with various U.S. politicians and
intelligence officials. Marc Rotenberg, executive
director of the Electronic Privacy Information Center
(EPIC-a GILC member), welcomed the move as "a very
important step. It's a proactive effort by government
officials to address the problem of international
surveillance." The visit is scheduled to take place the
week of May 8, 2001.
For more on the EP members' visit to the United
States, read Declan McCullagh, "Euros Continue Echelon
Probe," Wired News, Apr. 24, 2001 at http://www.wired.com/news/privacy/0,1848,43270,00.html
A statement from Mr. Akdeniz (presented at the EP
hearing) is available under http://www.cyber-rights.org/reports/echelon_ya.htm
The agenda for the hearing is posted under http://wwwdb.europarl.eu.int/ep/owa/p_calag.oj?ipid=0&imn=9062&ilg=EN&iorig=tempcom
Other related documents are available at http://www.europarl.eu.int/meetdocs/committees/temp/20010322/TEMP20010322.htm
Press coverage is available from Kieren McCarthy,
"European Parliament continues Echelon investigation,"
The Register (UK), Mar. 22, 2001 at http://www.theregister.co.uk/content/8/17800.html
For further background information, visit http://www.echelonwatch.org
[20] US-EU flap over Safe Harbor contracts
Contracts meant to implement a trans-Atlantic privacy
plan have met with some resistance from the United States
government.
The European Union and the United States had
previously agreed to new standards for handling the
personal information of EU citizens. Under the plan,
known as Safe Harbor, U.S. companies would have to notify
European users how their private data is being handled
and how it is being collected. Concerned individuals
would be allowed reasonable access to their files, and
could refuse to allow other companies to receive such
information. This self-regulatory system is only
voluntary, but American firms that join Safe Harbor could
avoid lawsuits from the governments of EU countries.
Moreover, these rules are not as strong as the stringent
regulations required by many European nations.
This compromise was formulated several months ago to
avoid a possible trade war between the EU and the US.
Since then, however, the administration of US President
Bush sent a letter criticizing proposed model contracts
that are designed to allow companies to comply with this
agreement. The letter called the draft clauses "unduly
burdensome requirements that are incompatible with real
world operations." In response, a spokesperson for the
European Commission said that "The US administration's
letter appears to be based on a total, complete and utter
absence of understanding of what the Commission is doing.
We are aiming to make life easier for companies
transferring data from the EU to countries outside the EU
by clarifying the provisions in contracts which would
best ensure adequate protection of personal data."
See Glenn R. Simpson, "Bush opposes Euro privacy
rules," Wall Street Journal, Mar. 27, 2001 at http://www.zdnet.com/zdnn/stories/news/0,4586,2701370,00.html
See Peronet Despeignes & Deborah Hargreaves,
"INTERNATIONAL ECONOMY: EU-US clash over personal data:
private right or commercial opportunity?" Financial
Times, Mar. 29, 2001 at http://globalarchive.ft.com/globalarchive/articles.html?id=010329000406
[21] Microsoft SmartTags & Hailstorm
privacy woes
How would you like to have your most personal details
stored by a central computer system in Seattle?
That's apparently what Microsoft is asking people to
do under its new Hailstorm plan. The scheme would use a
"Passport" identity system for individuals to use
personalized calendars, address books and e-wallets. This
information would then be accessible to a whole host of
recipients, including programmers and advertisers, who
could sift through this data and send files to Hailstorm
users. Should these users change email addresses, the
updated contact information would be sent along to
financial institutions and other corporations.
Many observers have raised alarms over the intrusive
nature of these plans, as well as the apparent lack of
privacy protection for the personal data stored within
Hailstorm. Jason Catlett of Junkbusters said he was
against letting Microsoft becoming "the de facto
government of the United States, issuing passports and
controlling identity and wallets for all consumers."
Skeptics also pointed to Passport's privacy policies,
which previously allowed "Microsoft and its affiliated
companies permission to: Use, modify, copy, distribute,
transmit, publicly display, publicly perform, reproduce,
publish, sublicense, create derivative works from,
transfer, or sell" virtually any user-provided
information. The company has since revised its policy to
say these rights only apply to "feedback or suggestions
to Microsoft concerning the Passport Web Site or the
Passport Service."
Hailstorm is not the only new Microsoft project that
is sparking privacy concerns. The software giant is also
receiving criticism over its latest version of Office
(XP), which apparently includes expanded use of Smart
Tags. These bits of code, which can be attached to
numerous types of files (such as spreadsheets, Word
documents and so on) could also reportedly be used as a
backdoor for fraudsters. Experts have also criticized
Microsoft's embrace of Platform for Privacy Preferences
(P3P) technology in its latest version of within Internet
Explorer; the Electronic Privacy Information Center
(EPIC-a GILC member) described P3P as "a complex and
confusing protocol that will make it more difficult for
Internet users to protect their privacy." Meanwhile,
scientists have discovered serious security flaws in both
Internet Explorer and Outlook and as well as its Windows
2000 server software, which Microsoft is looking to
remedy with software patches.
For further details on the latest Microsoft security
flaws, read Mark Ward, "Microsoft warns of 'serious'
software hole," BBC News Online, May 2, 2001 at http://news.bbc.co.uk/hi/english/sci/tech/newsid_1308000/1308267.stm
For more on Smart Tags, see John Lettice, "Smart
tagging in Office XP-what Melissa did next?" The Register
(UK), Apr. 6, 2001 at http://www.theregister.co.uk/content/4/18160.html
For more on HailStorm, read Leslie Walker, "Gates's
Bold New Persona: Your ID Manager," Washington Post, Mar.
29, 2001, Page E1 at http://washingtonpost.com/ac2/wp-dyn/A9711-2001Mar29?language=printer
Further details on P3P's lukewarm reception, see Lisa
M. Bowman, "Privacy experts rip IE cookie cutter," ZDNet
News, Mar. 22, 2001 at http://www.zdnet.com/zdnn/stories/news/0,4586,5080018,00.html
See also Leslie Walker, "Browser Aimed at Protecting
Users' Privacy," Washington Post, Mar. 29, 2001, Page E4
at http://washingtonpost.com/ac2/wp-dyn/A9146-2001Mar28?language=printer
For more on Microsoft Explorer & Outlook security
flaws, read Michelle Delio, "IE Hole Surrenders Your
Computer," Wired News, Mar. 30, 2001 at http://www.wired.com/news/technology/0,1282,42750,00.html
For more on Microsoft Passport user data leaks, see
Stefanie Olsen, "Privacy terms revised for Microsoft
Passport," CNet News, Apr. 4, 2001 at http://news.cnet.com/news/0-1005-200-5508903.html
Further details on potential other Office XP flaws,
are available from John Lettice, "'Universal' key claimed
to disable MS Office XP security," The Register (UK),
Mar. 26, 2001 at http://www.theregister.co.uk/content/4/17869.html
[22] EBay pulls an Amazon, waters down privacy
policy
Should consumers put much faith in the privacy
policies of e-tailers?
Many experts are suggesting the answer is no, after a
recent decision by EBay. The popular online auction site
altered its privacy statement to allow the company to
give out personal information about its users in a number
of circumstances, including if the corporation was taken
over by another firm. The move comes after online
bookseller Amazon made a similar alteration in its
privacy policy several months ago, allowing sensitive
"customer information" to be treated as merely "business
assets" that could be bought or sold as the company
continued to develop its business.
Not surprisingly, the change has yielded strong
protests from privacy advocates. Andrew Shen from the
Electronic Privacy Information Center (EPIC-a GILC
member) noted that companies like EBay are able to carry
out these practices because in part because regulators
such as the United States Federal Trade Commission (FTC)
not going far enough in protect personal information.
"This is the problem with the FTC only using its
prohibitions against unfair and deceptive practices,
instead of establishing a privacy standard."
The revised EBay policy becomes effective May 15,
2001.
Read Jeffrey Benner, "EBay Alters Privacy Policy,"
Wired News, Apr. 2, 2001 at http://www.wired.com/news/business/0,1367,42778,00.html
See also David Berlind, "eBay, Yahoo's security
snafus," Enterprise, Apr. 5, 2001 at http://www.zdnet.com/zdnn/stories/comment/0,5859,2705095,00.html
[23] Biometric software faces privacy &
technical woes
Your computer may soon know who you are-just by the
way you type.
That's the promise of a new product called
BioPassword. When computer users login with this system,
the program checks the inputted typing pattern against
archived "rhythm" samples, and will only grant access if
there is a match. The software package allows
"[c]onstant, automatic Password logon monitoring,
every time the computer is booted up or unlocked." In
addition, system administrators can lock BioPassword
users can be locked out of their systems and have
individual computers shutdown, powered down or
rebooted.
While the software is being billed as a way to enhance
security, it is unclear whether its success rates are
actually higher than current login protection
schemes-particularly in light of company literature
telling BioPassword users that they no longer need to
change their passwords on a regular basis. Some of these
concerns have been fueled by the problems that have
plagued a similar product, BioID SOHO, which tends to get
confused between different people, particularly on
systems that have less than 5 users. The manufacturer of
BioPassword admits that "environmental issues" may have a
significant effect on accuracy. Moreover, because these
devices seem to allow precise tagging and monitoring of
ordinary computer users, there are fears that they will
in fact have a detrimental impact on Internet
privacy.
See Carlos A. Soto, "BioPassword Security Checks
User's Typing Pattern," Washington Post, Apr. 5, 2001,
page E4 at http://washingtonpost.com/wp-dyn/articles/A41021-2001Apr4.html
The BioPassword homepage is located at http://www.biopassword.com
[24] EU panel questions Australian privacy
laws
Concerns over Australian privacy standards have
started to take on international dimensions.
The European Commission Data Protection Working Party
(which is composed of Data Protection officials from
Council of Europe member states) has issued an opinion
criticizing a proposed Australian Privacy Amendment.
Among other things, the panel noted "with concern that
some sectors and activities are excluded from the
protections of the Act," including employee personal
information and small businesses. The Party also pointed
out vagaries in the language of the Amendment, which
might allow data collected for one purpose to be used for
new functions.
In response, Australia's Attorney General Daryl
Williams accused the European experts of "ignorance about
Australia's law and practice and do not go to the
substance of whether our law is fundamentally 'adequate'
from a trading point of view. It seems that the
prescriptive approach taken in many EU Member States is
assumed to be the only acceptable way to go in many areas
of privacy protection." said that he did not accept the
working group's findings and feared placing "unnecessary
burdens on business." He also announced that "officials
from Australia and the EC will continue to talk in order
to address these concerns to everyone's satisfaction.
However, Australia will only look at options that do not
impose unnecessary burdens on business."
To read the comments of the EU panel, click http://europa.eu.int/comm/internal_market/en/media/dataprot/wpdocs/wp40en.htm
To read the response from Australian Attorney General
Daryl Williams, visit http://law.gov.au/aghome/agnews/2001newsag/941_01.htm
[25] DoubleClick suffers security breach
Recent events have left many people wondering whether
DoubleClick will ever do enough to protect online
privacy.
Officials from the online advertising firm admitted
that intruders had invaded its systems. The attack was
sufficiently serious that DoubleClick shutdown a few of
its servers in order to help investigators track down
perpetrators. A spokesperson termed the incident
"mischievous in nature" but claimed that the incident did
not have "any serious impact to our networks."
The breach came just as a Federal judge in the United
States dismissed a privacy lawsuit against DoubleClick.
The suit revolved around company's admission that it had
been tracking viewers through the Internet by placing
digital identification numbers in files known as
"cookies" on a user's hard drive, which it matches with
name and address information that has been collected by
its partners. Despite initial claims to the contrary,
DoubleClick planned to match this data with more
extensive information contained in millions of files
maintained by its merger partner Abacus Direct.
DoubleClick put aside its data-matching plan after a
storm of public criticism. Several consumers then took
legal action against the company, claiming that
DoubleClick's cookie tracking scheme violated various
state and Federal laws. It is not clear whether the
plaintiffs will now appeal the dismissal.
See "DoubleClick: We've been hit," Reuters, Mar. 30,
2001 at http://www.zdnet.com/zdnn/stories/news/0,4586,5080420,00.html
See also Michael Bartlett, "Attorney Fires Back At
Judge In DoubleClick Privacy Case," Newsbytes, Mar. 30,
2001 at http://www.newsbytes.com/news/01/163925.html
[26] German gov't searches Net music lovers'
homes
Watch out if you're downloading music off the
Internet. The German government may use force (both in
person and through the network) to stop you.
German government agents recently invaded the homes of
103 people, claiming that they were trading online music
files of "skinhead bands." As part of this sweep, police
officers seized computers and discs while pressing
charges that could lead to 3-year prison sentences. Law
enforcement officials argued that they had the right to
enter these private residences and that it was illegal
for individuals to transfer these MP3 files over the
Internet. These claims came despite the fact that it is
legal under German law to listen to such materials.
In addition, German politicians are tacitly admitting
their support for plans to allow government agents to
hack into private websites. German Interior Minister Otto
Schilly mentioned in a recent interview that government
agents may send voluminous amounts of email messages to
offending webpages, in the hopes of disrupting their
servers. A Schilly spokesman later tried to justify such
attacks by saying that many of the sites to be targeted
sites "are put onto the Internet in foreign countries, so
it's very difficult to use German law. We have to think
about all the lawful possibilities." No one from the
German government has explained precisely what criteria
would be used to determine which websites would be
targeted.
These statements have alarmed many members of the
privacy community. Andy Mueller-Maguhn of the Chaos
Computer Club (CCC-a GILC member) said he expected
government operatives "to say they won't do anything that
is outside of German law or the law of any other
country." He further warned that any ideas of arbitrarily
hacking private websites "is not compatible with being
Minister of the Interior for any democratic government on
the planet. Of course there might be governments with
that style. But normally that's not the behavior of a
democratic state or country."
Read Adam Tanner, "Germany Cracks Down on Internet
Nazi Music Trade," Reuters, Apr. 10, 2001 at http://www.infowar.com/law/01/law_041001d_j.shtml
See also Steve Kettmann, "German Pol Backtracks on
Hack," Wired News, Apr. 10, 2001 at http://www.wired.com/news/politics/0,1283,42961,00.html
For original story, see Frank Patalong, "Mit
Hackermoden gegen Neonazis," Der Spiegel, Apr. 6, 2001 at
http://www.spiegel.de/netzwelt/politik/0,1518,126921,00.html
For background information, see Thomas C. Greene,
"German may strike Nazi sites with DoS attacks," The
Register (UK), Apr. 9, 2001 at http://www.theregister.co.uk/content/8/18200.html
[27] Privacy surveys reflect public unease
Recent studies suggest that people may not know
precisely what threatens their privacy online, but they
don't like what they see...and those threats are becoming
more prevalent.
In a report from the Pew Internet & American Life
Project, the vast majority of respondents (62%) wanted
stronger laws to protect against online surveillance.
Furthermore, two thirds of those surveyed did not
necessarily trust the government to do the right thing
when wiretapping the Internet, and nearly 80% of
participants were worried about online fraud. However,
the study also showed some confusion about specific
programs that may curb privacy, and that there is a need
for further public education about the subject. For
example, only about 20% of respondents were aware of the
United States government's Carnivore spyware system. Evan
Hendricks of the Privacy Times commented that the
"public's simply not aware of the power of Carnivore and
the likelihood it will be abused if it's run as the FBI
[U.S. Federal Bureau of Investigations]
proposes."
Meanwhile, a report from the American Management
Association indicates workplace surveillance is growing.
According to the AMA's research, about 4 out of 5 major
companies intercept their worker's phone calls, email or
other Internet transmissions. This percentage rose
dramatically in some industries, particularly financial
firms (such as banks), where over 92% of surveyed
companies snoop on their employees. These latest figures
contrast with numbers compiled just four years ago, when
about 35% of the firms participating in the study carried
out these kinds of surveillance activities.
For more on the AMA study, see Romy Ribitzky,
"Corporate Snooping on Rise," ABCNews.com (US), Apr. 18,
2001 at http://abcnews.go.com/sections/business/DailyNews/snooping_010418.html
For further details regarding the Pew report, see
Robert O'Harrow, "Opinion Split on Web Privacy,"
Washington Post, Apr. 3, 2001, page E12, at http://washingtonpost.com/wp-dyn/articles/A28560-2001Apr2.html
[28] Sales problems for invasive CueCat, TiVo
devices
Can privacy concerns hurt sales?
That's some people are wondering in light of the
struggles faced by two controversial Web products. One of
them, CueCat, allows users to scan special barcodes
contained on print articles and advertisements, thus
triggering their computers into accessing websites for
more information. However, scientists discovered that
CueCats include special individualized serial numbers
that allow the tracking of computer users as they surf
the Internet and the creation of highly detailed profiles
regarding their behavior. Indeed, the maker of CueCats,
Digital Convergence, has admitted that it "is responsible
for the creation and analysis of the largest consumer
database that provides the unique combination of Web
tracking with all forms of media." Worse still, Digital
Convergence suffered a security breach several months ago
that revealed personal information files on nearly 140
000 users, including such data as customer names, email
addresses and postal codes.
Since these revelations, Digital Convergence has
suffered serious marketing problems. While 3 million
CueCats have been given to consumers, only about 100 000
people have actually used them, and even those people
tend not to swipe CueCats very often (averaging 6 hits
per device). During the past month, the company withdrew
its plans to publicly offer stock, claiming that the
market environment would be too hostile to such a
move.
The other product, TiVo, is personal video recorder
with Internet connections that includes such features as
allowing replays of television broadcasts within seconds
and advanced programming options. However, researchers
have determined that the device collects detailed
information about users' viewing habits and sends this
data back to the manufacturer through the Information
Superhighway. While the manufacturer claims that these
profiles were anonymized, a report from the Privacy
Foundation indicated that the data collected did in fact
contain identifying information (including the serial
number of the individual user's machine). These
revelations led several prominent United States
Congressmen to call for a government investigation into
possible trade violations. Meanwhile, while the number of
subscribers continues the climb, the increases were not
enough to dissuade the company from laying off nearly 25%
of its workers in an effort to cut costs.
See Gwendolyn Mariano, "CueCats sent to the litter
box," ZDNet News, Mar. 29, 2001 at http://www.zdnet.com/zdnn/stories/news/0,4586,5080362,00.html
The Privacy Foundation report on TiVo is posted under
http://www.privacyfoundation.org/privacywatch/report.asp?id=62&action=0
To read the Congressmen's letter on TiVo privacy
concerns, click http://www.house.gov/commerce_democrats/press/107ltr30.htm
For more on TiVo financial difficulties, read Richard
Shim, "TiVo revamps business plan, sheds workers," CNet
News, Apr. 5, 2001 at http://news.cnet.com/news/0-1006-200-5520991.html
[29] Digital hospital sparks privacy
concerns
Concerned about the privacy of your medical records?
Would you feel any better if they were all posted
online?
HealthSouth is building a digital hospital that will
have devices to make it easier to store such details in
computerized form, including digitized X-ray machines, an
internal wireless data transfer system and portable
computers for every employee. All of this information
will be added to fully automated electronic patient
databases. HealthSouth CEO Richard Scrushy boasted: "What
we're doing now is making a reality out of something that
many people have talked about, but no one has
attempted."
However, experts from both the medical and computer
programming community have expressed reservations about
whether sufficient steps have been taken to protect the
privacy of these records. Dr. Henry Vitelle, a New York
obstetrician, worries that "With all of the stories we
hear about how this website and that government computer
system was hacked into, how can I feel good about putting
my patients' medical records online? I don't feel
comfortable about having records somewhere that they
could be tampered with by some joyriding hacker with no
sense of the havoc he could cause." These fears are in
part based on the protocol that will be used by
HealthSouth for its internal wireless system-a protocol
that has been described by at least one group as having
"major security flaws."
Similar concerns are being aired over a recent
proposal Down Under. The Australian Practice Incentives
Program has been altered so that the Federal government
will pay medical practitioners to send patient data
through email. The plan is designed to entice medical
professionals to make greater use of computing
technology. However, the new standards apparently do not
require doctors to protect this data (such as by using
encryption) against possible interception. Prue Power
from the Australian Medical Association argued that
rather than pushing this privacy issue aside, "the
Federal Government ought to be very concerned that one of
its programs would be providing financial incentives for
GPs to send clinical information in an insecure
manner."
For more about Australian online health privacy
concerns, read Karen Dearne, "Prescribing a privacy
cure," Australian IT, May 1, 2001 at http://australianit.news.com.au/common/storyPage/0,3811,1948560%5E501,00.html
See also Karen Dearne, "Doctors paid for 'insecure'
emails," Australian IT, Apr. 17, 2001 at http://australianit.news.com.au/common/storyPage/0,3811,1900441%5E442,00.html
For more on HealthSouth, read Michelle Delio, "How
Secure Is Digital Hospital?" Wired News, Mar. 28, 2001 at
http://www.wired.com/news/technology/0,1282,42656,00.html
[30] Upcoming Japan privacy conferences
Two meetings will be held in Tokyo this month to
discuss emerging trends in the field of data privacy.
The first meeting, entitled "The Dark Side of IT
Society," will take place on May 6 and will consist of
two sessions. In the afternoon, several experts will give
presentations on the recently enacted Japanese
Wiretapping Law, Biometrics, IC cards and other High-tech
privacy issues. Takao Saito, the author of "Privacy
Crisis" will give the keynote speech on "Surveillance
Society and Privacy in Japan." The evening session will
consist of panel discussions between the presenters. The
event is being organized by a coalition of civil society
groups, including Japanese Networkers against
Surveillance Taskforce (NaST-a GILC member), Privacy
Action, the Japanese Consumer Union, and JCA-Net, among
others.
The second meeting, scheduled for the evening of May
21, will explore numerous emerging privacy issues,
particularly the ramifications of various cybercrime
proposals from around the world. This session will
feature several speakers, including Barry Steinhardt,
Associate Director of the American Civil Liberties Union
(ACLU-a GILC member), and Toshimaru Ogura from NaST.
For further information on the May 6 meeting, click
http://www.han-kanshi.net/010506flyer.html
For an English-language translation, see http://www.han-kanshi.net/010506flyer_eng.html
or send email to Priv-ec@jca.apc.org
Inquiries regarding the May 21 seminar should be sent
to Tomo@jca.apc.org
ABOUT THE GILC NEWS ALERT:
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