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Date: 1998-09-02
Der Congress aechzt: Zensurgesetze a gogo-.-. --.- -.-. --.- -.-. --.- -.-. --.- -.-. --.- -.-. --.- alles vor sich hat, listet dieser Status Report des Centers for Democracy & Technology (CDT) auf. Wie jedes Jahr im Herbst stehen wieder aller/hand Zensurgesetz/versuche an. post/scrypt: Wegen einer parallel auszusprechenden Empfehlung zur Lektüre wird das Dokument ausnahmsweise im Volltext wiedergegeben. (1) CONGRESS EYES THE INTERNET AS THE 105th NEARS ITS END: A STATUS REPORT Before Congress left for its August recess, it became apparent that members felt that legislation on the Internet was an inviting target for legislation just before an upcoming election. A simple search on the term "Internet" in the Library of Congress' Thomas database now calls up 324 bills as opposed to 75 for the same search for the 104th Congress. CDT has been following many of these bills, tracking those with civil liberties implications. The following is a list of the status of the most important bills in front of Congress today and their impact on the future of democracy on the Internet: _____________________________________________________________________________ (2) CDA II AND OTHER CENSORSHIP LEGISLATION CJS Appropriations Bill (S. 2260) - Two Internet censorship amendments were added to the budget for the Commerce, Justice and State Departments just before it passed the Senate. These amendments are based on two previous bills, the Communications Decency Act (CDA) II (S. 1482 - introduced by Senator Coats) and the Internet School Filtering Act (S. 1619 - introduced by Senator McCain). Both are misguided efforts that will have a chilling effect on constitutionally-protected speech. Not only are they likely to be found unconstitutional, but they will certainly be ineffective at protecting children. Nevertheless, Congress is using these bills to posture, once again, on the issue of pornography on the Internet. BILL STATUS: The House did not include these amendments in its version of the CJS bill which means that the fate of the language will be decided in a conference committee made up of members of both houses. If the conference committee cannot come to an agreement on the bill, there will probably be attempts to pass a "continuing resolution" in order to keep the departments funded and avoid another government shut-down. At that time Senators Coats, McCain, and others can try again to attach their amendments. FOR MORE INFORMATION: * CDT's Policy Post 4.16 analyzed the amendments: http://www.cdt.org/publications/pp_4.16.html * CDT's Policy Post 4.5 analyzed the original bills as approved in the Senate Commerce, Science and Transportation Committee: http://www.cdt.org/publications/pp_4.5.html * CDT's Policy Post 4.2 announced the McCain bill's introduction: http://www.cdt.org/publications/pp_4.2.html _____________________________________________________________________________ (3) PROTECTING CHILDREN'S PRIVACY Children's Online Privacy Protection Act (S. 2326) - This bill, introduced by Senator Bryan, would give the Federal Trade Commission the ability to prohibit companies from collecting information online from children under the age of 16 without parental consent. This is the type of legislation the FTC requested when releasing its recent report and Vice President Gore called for in his recent speech calling for an "Electronic Bill of Rights." While this bill would enable the FTC to go after those Web site operators who are misleading children, it calls into question the free speech rights of young teenagers. BILL STATUS: The bill was only recently introduced. An attempt to turn the bill into an amendment as part of the CJS appropriations bill failed. No hearings are currently scheduled. FOR MORE INFORMATION: * CDT's analysis of the FTC Report: http://www.cdt.org/privacy/ftcanalysis.html * CDT's analysis of VP Gore's 7/31/98 privacy proposal http://www.cdt.org/privacy/gore_analysis.980811.html _____________________________________________________________________________ (4) ENCRYPTION AND E-PRIVACY E-PRIVACY (S. 2607) - This bill (introduced by Senators Ashcroft and Leahy) lays out a pro-privacy approach to computer security that contrasts starkly with the Clinton Administration's approach. It would protect the privacy of all Americans by: 1) protecting the domestic use of strong encryption without "key recovery" back doors for government eavesdropping; 2) easing export controls to allow U.S. companies to sell their encryption products overseas; 3) strengthening protections from government access to decryption keys; and 4) creating unprecedented new protections for data stored in networks and cell phone location information. CDT is concerned about provisions in the bill establishing a new research center to assist federal, state and local police in dealing with encrypted data and making it a crime to use encryption to obstruct justice. BILL STATUS: The bill is currently under consideration by the Senate Judiciary Committee. FOR MORE INFORMATION: * CDT's Encryption Page, with links to resources to all of the current legislation [House: H.R. 695, ("SAFE") Senate: S.2067 (E-PRIVACY); S.909 (McCain); S.376 (Leahy-Burns); S.377 ("Pro-Code")]: http://www.cdt.org/crypto/ * CDT's Policy Post Policy Post 4.11 summarized the main provisions of the E-PRIVACY bill: http://www.cdt.org/publications/pp_4.11.html * CDT's Section-by-Section analysis of the E-PRIVACY bill: http://www.cdt.org/crypto/legis_105/eprivacy/eprivsec.html _____________________________________________________________________________ (5) DIGITAL SIGNATURES AND AUTHENTICATION Paperwork Elimination Act (S. 2107) - This bill (introduced by Senator Abraham) and its House counterpart (HR. 2991 - the Electronic Commerce Enhancement Act introduced by Representative Eshoo) are intended to catalyze the use of digital authentication by government agencies. This would undoubtedly set standards for the use of digital signatures in commerce as well. The Abraham bill has been significantly changed since it was first introduced in order not to favor certain technologies. However, the bill still would not protect the privacy of information collected by third parties in the process of issuing digital certificates. BILL STATUS: The Senate Commerce Committee unanimously passed the changed bill with little debate. CDT is working with Senator Abraham and Congresswoman Eshoo to add privacy protections to give online interactions with the government privacy protections equal to those in the offline world. FOR MORE INFORMATION: * News.com's story on the Senate Committee's passage of the Abraham bill: http://www.news.com/News/Item/0,4,24234,00.html * Federal Computer Week's story on the Senate Hearings on the bill: http://athena.fcw.com/FCW/archive.nsf/Search+View/884BE0E6A27946DE85256658005322 00?OpenDocument * CDT's letter to the General Services Administration on their ACES project to provide a citizens with digital signatures for government services http://www.cdt.org/digsig/gsaletterrep.html _____________________________________________________________________________ (6) ADDRESSING JUNK EMAIL Anti-Slamming Amendments Act (S. 1618 and H.R. 3888) - These bills, mainly designed to end unfair phone company practices, contain language meant to help ease the problem of unsolicited commercial email. The Senate bill includes language from Senators Murkowski and Torricelli that would require those who send unsolicited commercial email to: 1) identify themselves and provide accurate contact information within the body of their email message; 2) provide accurate routing information; and 3) stop sending email messages upon the request of a recipient. Those who break the law could be fined by the FTC, states attorneys general, and/or Internet Service Providers. While CDT believes that the bill will offer individuals remedies to reduce unsolicited commercial email, we are still concerned that the current language could impinge on the constitutional protections for anonymous political speech. The House version (introduced by Representatives Tauzin and Dingell) would provide similar remedies, but would authorize ISPs to search through individual emails looking for the junk email label. CDT is concerned about both the free speech and privacy consequences of such a provision. BILL STATUS: Although S. 1618 has already passed the Senate, CDT has written a letter to Senators Murkowski and Torricelli asking them to consider adding language to preserve anonymous political speech. The House bill is awaiting a full Commerce Committee vote. FOR MORE INFORMATION: * CDT's letter to Senators Murkowski and Torricelli: http://www.cdt.org/spam/cdtletter.html * CDT's Policy Post 4.12 analyzed the Senate Bill: http://www.cdt.org/publications/pp_4.12.html * Wired's story on the Tauzin-Dingell Bill's Hearing: http://www.wired.com/news/news/politics/story/14282.html * The Ad-Hoc Working Group on Unsolicited Commercial Email's Report to the FTC: http://www.cdt.org/spam/ relayed by Ari Schwartz <ari@cdt.org> -.-.- --.- -.-.- --.- -.-.- --.- TIP Für tägliche Media/News (Print, TV, Net) mit AT & DE Bezug empfehlen wir, die oejc Liste zu sub/scribieren http://www.oejc.or.at/oejc/mailto/welcome.html -.-.- --.- -.-.- --.- -.-.- --.- --.-q/depesche taeglich ueber--.- internationale hacks--.-zensur im netz crypto--.-IT mergers--.-monopole & die universalitaet digitaler dummheit subscribe http://www.quintessenz.at -.-.- --.- -.-.- --.- -.-.- --.- - -.-. --.- -.-. --.- -.-. --.- -.-. --.- -.-. --.- -.-. --.- edited by published on: 1998-09-02 comments to office@quintessenz.at subscribe Newsletter - -.-. --.- -.-. --.- -.-. --.- -.-. --.- -.-. --.- -.-. --.- 
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