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EFFector - Volume 7, Issue 1 - EFF Board's Kapor and Dyson Appointed to NII Advisory Council


EFFector - Volume 7, Issue 1 - EFF Board's Kapor and Dyson Appointed to NII Advisory Council

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EFFector Online Volume 7 No. 1         01/07/1994
A Publication of the Electronic Frontier Foundation        ISSN 1062-9424

In This Issue:

EFF Board's Kapor and Dyson Appointed to NII Advisory Council
EFF Helps to Eliminate Outrageous Sentences for Computer Crimes
An Arts and Humanities Policy Symposium for the NII (Boston, 1994)
Commerce Dept. BBS Update
New Outposts on the Electronic Frontier
What You Can Do


EFF Board's Kapor and Dyson Appointed to NII Advisory Council

EFF Chairman of the Board Mitch Kapor and Board Member Esther Dyson were 2
of 27 communications leaders appointed to the Clinton Administration's
National Information Infrastructure Advisory Council.  The Advisory Council
will work with the Administration on developing a comprehensive
telecommunications policy to meet the needs of both government and the
private sector.

Mitch Kapor established the Electronic Frontier Foundation in 1990 with
John Perry Barlow and currently serves as EFF's Chairman of the Board. 
Mitch has testified before Congress on communications and computer topics
on many occasions.  His articles on computer networks and civil liberties,
intellectual property, and software design have been published in
Scientific American, Forbes, Wired and many other publications.  Mitch was
the founder of Lotus Development Corporation, were he served as President
and Chief Executive Officer from 1982 to 1986, and designed the Lotus 1-2-3
spreadsheet program.

Esther Dyson is President of EdVenture Holdings, where she writes and
publishes Release 1.0, a monthly newsletter highlighting trends in computer
technology.  Esther publishes a second newsletter, Rel-EAST, which shares
her insights in the newly emerging commercial markets of central and
eastern Europe.  Esther also sponsors the PC Forum and East-West High Tech
Forum conferences.  Esther serves on the Board of Trustees of the Santa Fe
Institute; is a member of the Global Business Network and the Women's
Forum; and serves as an advisor to Perot Systems and the Poynter Institute
for Media Studies.

The other members of the NII Advisory Council are:

Delano Lewis, CEO, National Public Radio (co-chair of the Council)
Edward McCracken, CEO, Silicon Graphics (co-chair of the Council)
Morton Bahr, Communications Workers of America
Toni Bearman, Dean, U. of Pittsburgh School of Library and Info. Sciences
Bonnie Bracey, elementary school teacher, Arlington County, VA
John Cooke, Pres., Disney Channel
Craig Fields, CEO, MCC
Lynn Forester, CEO, FirstMark Holdings
Carol Fukunaga, Senator, State of Hawaii
Haynes Griffin, CEO, Vanguard Cellular Systems
George Heilmeier, CEO, Bellcore
Susan Herman, GM, Dept. of Telecommunications, City of Los Angeles
James Houghton, CEO, Corning
Stanley Hubbard, CEO, Hubbard Broadcasting
Robert Johnson, Pres., Black Entertainment Television/District Cablevision
Robert Kahn, Pres., Corporation for National Research Initiatives
Deborah Kaplan, VP, World Institute on Disability
Alex Mandl, VP, AT&T
Nathan Myhrvold, Sr. VP Advanced Tech, Microsoft Corporation
Mac Norton, Attorney, Wright, Lindsey & Jennings
Vance Opperman, Pres., West Publishing
Jane Smith Patterson, Tech. Advisor to the Governor of North Carolina
Bert Roberts, CEO, MCI
John Sculley, CEO, Spectrum Info Tech
Joan Smith, Chair, Oregon PUC


Subject: EFF Helps to Eliminate Outrageous Sentences for Computer Crimes

Comments opposing the United States Sentencing Commission's proposed
guideline for the Computer Fraud and Abuse Act submitted by EFF, SEA (the
Society for Electronic Access), CPSR and others have been taken to heart. 
The U.S.S.C. recently announced a *new* proposal for Computer Fraud and
Abuse sentencings.  Instead of the single guideline for all computer crimes
proposed by the Department of Justice last year, the new guideline takes
into account the intention of the defendant by directing the sentencing
court to the most appropriate existing guideline.

For example, under the old proposed guideline, a first time offender who
accessed a computer without authority, copied a non-protected file, and
posted that file to a BBS would get 10 to 16 months in prison with no
parole -- the judge would have been directed to the Fraud guideline and
would have had no discretion to craft another sentence.  Under the new
guideline, if that intrusion was not done for pecuniary or malicious
purposes, the crime will be treated as a misdemeanor, and the sentencing
range would be 0 to 6 months.  Real wire fraud done with the intent to reap
financial gain or to cause harm to the system would result in the minimum
10 to 16 month sentence.

EFF is proud to have played a role in encouraging the Sentencing Commission
to craft the new guideline.  New communications technologies, in their
earliest infancy, are becoming the subject of precedent-setting litigation.
Overly strict sentences imposed for computer-related fraud and abuse may
have the effect of chilling these technologies even as they develop.  Until
there are more cases on which to base a guideline, individual sentencing
decisions are best left to the discretion of the sentencing judge, who
presumably is most familiar with the facts unique to each case.  Legal
precedents, particularly the application of a sentencing guideline to
violations of the Computer Fraud and Abuse Act, can radically affect the
course of computer technology's future, and with it the fate of an
important tool for the exchange of ideas in a democratic society.

The Sentencing Commission is asking for comments by March 18, 1994.  It's
important that we all tell the U.S.S.C. that we're happy with the new
proposed guideline for the Computer Fraud and Abuse Act.  In the very near
future, EFF will be setting up an electronic mailbox to receive electronic
comments.  In the meantime, written comments can be sent to:

        United States Sentencing Commission
        One Columbus Circle, N.E.
        Suite 2-500, South Lobby
        Washington, DC  20002-8002
        Attention:  Public Information

A copy of the proposed guidelines is located at 58 Fed. Reg. 67522 or on as pub/EFF/Issues/Legal/sentencing.amendment


Subject:  An Arts and Humanities Policy Symposium for the NII (Boston, 1994).
On October 14th, 15th and 16th, the Center for Art Research in
Boston will sponsor a National Symposium on Proposed Arts and
Humanities Policies for the National Information Infrastructure.
Participants will explore the impact of the Clinton Administration's
AGENDA FOR ACTION and proposed NII legislation on the future of the
arts and the humanities in 21st Century America.
The symposium will bring together government officials, academics,
artists, writers, representatives of arts and cultural institutions
and organizations, and other concerned individuals from many
disciplines and areas of interest to discuss specific issues of
policy which will effect the cultural life of *all* Americans during
the coming decades. 
To participate, submit a 250-word abstract of your proposal for a
paper, panel-discussion or presentation, accompanied by a one-page
vitae, by March 15, 1994.
Special consideration will be given to those efforts that take a
critical perspective of the issues, and are concerned with
offering specific alternatives to current administration and
congressional agendas.
The proceedings of the symposium will be video-taped, and papers and
panels will be published on CD-ROM.  For further information, reply to:
Jay Jaroslav, Director      
241 A Street Boston, MA                 voice:  (617) 451-8030
02210-1302 USA                            fax:  (617) 451-1196 


Subject: Commerce Dept. BBS Update

The anouncement in EFFector Online Volume 6 No. 4  about the "Commerce 
Dept.'s Economic Bulletin Board on the Internet" was both out of date and 

Thanks to and for this update.

Most of this stuff is available by gopher, anon ftp, or telnet from The University of Michigan library runs a mirror of the
Commerce Dept. electronic bulletin board as well.


Here is the pricing for the EBB.  Note: Flat rate subscribers will not pay an 
additional per file charge for FTP access.  Contact Amy Williams at the
Commerce Dept. if you have any further questions. 

The Office of Business Analysis is pleased to announce, starting on
Friday, October 1, 1993, new services and new price options for
public use of the Economic Bulletin Board will go into effect. 
These steps are being taken in response to public demand for
additional services, to bring the cost of accessing the EBB using
higher speed modems and the Internet in line with charges for the
current basic service, and to simplify billing and accounting
procedures.  These changes are highlighted below.

BROWSEABLE TOPS:  EBB customers accessing trade opportunity (TOPS)
files have been required to download an entire file to determine if
there are any leads for the types of goods their company
represents.  Browseable TOPS will allow customers to specify a
harmonized tariff code; the EBB will search for that code and
create a file containing TOPS for that product if any are
available.  These specialized TOP files may be downloaded like
regular EBB files.

ONE-STOP SUBSCRIPTION FEE:  Beginning October 1, the annual
subscription fee for the EBB will be $45.00.  Customers will be
able to use the same account number to access all three types of
EBB service: the standard service (300, 1200, or 2400 baud), the
high speed service (9600 BPS), and access through the Internet
using telnet.  There will be no additional charge to current
subscribers until the end of their subscription period when the
renewal cost will increase to $45.

MORE FREE TIME:  The connect charge credit has been increased to
$20 as part of the $45 subscription fee.  Standard service
customers will now be able to receive 100-400 minutes of free time
(depends on time of day called) before connect-time charges start
to accrue.  For the first time, 9600 BPS and Internet customers
will also receive free connect time as part of their subscription. 
More free time means fewer bills will be sent to low volume

CONNECT-TIME CHARGES REDUCED:  Connect-time charges for 9600 BPS
customers have been reduced from $.50 per minute of use at all
times of the day to a sliding rate depending on the time of day
called.  These charges, which will also apply to Internet
customers, are summarized at the end of this announcement.

FLAT RATE ACCOUNTS:  Large-volume EBB customers may want to
consider using one of two flat rate accounts that are now
available; one fixed fee covers EBB use for the entire year.  Flat
rate 1 ($250 per year) allows the subscriber to use the EBB for up
to one hour each day.  Need more than one hour per day?  Flat rate
2 ($400 per year) gives major EBB users such as educational
institutions up to four hours of access each day.  NOTE: flat rate
accounts cannot be used on the EBB during the peak price period (8
AM to noon, Eastern time).

FUTURE PLANS:  The EBB is now available on the Internet; in the
near future, file transfer protocol (FTP) and e-mail services will
be made available.  The same annual subscription and user
identification code will give users access to these services.  We
plan to charge for these services by the file transferred rather
than per minute connected.  We expect these charges to be based
upon the size of the file ranging from $1.00 for files up to 150
kilobytes to $3.00 for files larger than 500 kilobytes.

                EBB Charges as of October 1, 1993

The public may obtain full EBB services in two ways; (1)
subscription fee plus connect-time charge or (2) flat annual rate

Subscription Fee basis:
     Annual subscription fee            $45
     Credit for connect charges         $20

     Connect charges (300, 1200, or 2400 baud)
          8 AM - noon                        $.20 per minute
          noon - 6 PM                        $.15 per minute
          6 PM - 8 AM (all day weekends
               and holidays                  $.05 per minute

     Connect charges (9600 BPS and telnet access via Internet)
          8 AM - noon                        $.40 per minute
          noon - 6 PM                        $.30 per minute
          6 PM - 8 AM (all day weekends
               and holidays                  $.10 per minute

Flat Rate Account basis:
     Option 1 (up to one hour per day)       $250 annual fee
     Option 2 (up to four hours per day)     $400 annual fee

     Note: Single fee covers all EBB charges for entire year; no
     additional connect-time fees are charged.  Flat rate accounts
     do not have access to the EBB during peak hours of 8 AM -

Subscribers and flat rate account holders may access all EBB
services with the same account number.


Subject: New Outposts on the Electronic Frontier

New organizations and groups, like and allied with EFF but separate
entities, are forming in various parts of the world.  Here is some contact
information for three of them, all of which, incidentally, are arising in
areas once on the furthest edges of "real life" frontiers: Texas and

If you are interested in such efforts in your own area, please feel free
to discuss it on If interested in starting such an
organization, you may wish to participate in the "TheseGroups" mailing list
(send a request to, which exists for
discussion and cross-fertilization between such organizations, and includes 
EFF-Austin, New York City's Society for Electronic Access and many other
online activism groups and individuals.  Please note that TheseGroups is
for serious work and idea exchange between active members and staff of
civil liberties and online advocacy groups, and is a private list, not a
general chat forum.

* Electronic Frontiers Australia (EFA)

EFA is still in the process of forming and getting organized.

Early in 1994 Electronic Frontiers Australia will be formed to define,
promote and defend the rights of electronic network users. This new
organisation will be similar to EFF in the USA. Michael Baker
 has announced the incept of a new
Internet mailing list forum for discussion and planning in the effort
to form a public interest electronic civil liberties organization in
Australia. If you want to join EFA contact Michael Baker at any of his
addresses listed below. If you want to take part in the formation
of EFA (and influence its basic objectives and policies), send a
subscribe request to the list request address listed below.

        General: Michael Baker 
        CompuServe: Michael Baker <100026,1312>
        FidoNet: Michael Baker, 3:800/838
        Mailing list requests:
        FTP:, pub/Groups/EF-Australia
    EFA, c/o Michael Baker
    P.O. Box 5
    Flaxley SA 5153 Australia
    Voice: +61 08 388 8439
    Fax:   +61 08 388 9532 

* Electronic Frontiers Houston (EFH)

"Electronic Frontiers Houston" (EFH) is a non-profit corporation
devoted to working with and for the Houston computer and
telecommunications community.  Working in alliance with the Electronic
Frontier Foundation, EFF-Austin and other national and regional
organizations, EFH acts as a focal point for the diverse set of
individuals who find themselves involved in computer communications.
Included on the EFH's agenda are: advocating civil liberty
issues in "cyberspace," promoting wider public access to computer
networks, exploring artistic and social implications of new digital
media, and educating the public about the increasingly important
on-line world.
There are several ways to contact EFH:
(1) Electronic Mail
        EFH can be reached via electronic mail from almost every major
        computer network.  There are several important addresses:
        (a) General Inquiries/Business
                 WWIVnet:  efh@5285
                 FidoNet: via 1:106/88
         America On-Line:
        (b) Board of Directors, Officers and a few others
                 WWIVnet:  efh-directors@5285
                 FidoNet: via 1:106/88
         America On-Line:
(2) USENET News
     For those with access to USENET, there is a special newsgroup
     devoted to EFH discussion and announcements --
     It can be accessed using your normal USENET news reader.
(3) Bulletin Board
    Modem users can dial into The Bamboo Gardens BBS, a Houston
    computer bulletin board which has donated space to the EFH for
    discussion and dissemination of on-line documents.
    The phone number is is (713) 665-4656.
    The modem accepts speeds of up to 14.4 bps.
    Users may set up a new user account or use the special EFH account
    by logging on as "EFH GUEST" with the password "EFH" and entering
    "0000" as the last four digits of your phone number when requested.
(4) US Mail
                  2476 Bolsover #145
                  Houston, TX 77005.
(5) Telephone (Voice)
                  Ed Cavazos at (713) 661-1561
(6) Gopher and FTP 
    For those with access to the Internet, Gopher and FTP access to the
    EFH archives are available thanks to facilities donated by
    Texas Internet Consultants.
    For Gopher access, gopher to "" port 70.  Look in the
    "Electronic Frontiers Houston" directory.
    For FTP access, ftp to "".  Log in as "anonymous" and
    enter your e-mail address as a password.  Type "cd EFH" to go the
    EFH's directory.

* EFF-Austin

Computer-based communication media like electronic mail are creating
new forms of community -- the first settlements on an electronic
frontier. Our laws and cultural norms, however, do not properly define
the rights and responsibilities of the members of these new
communities. Conflicts come about as the law struggles with "places"
where fundamental notions of speech, property, and place take
profoundly new forms.

 - Protect Your Rights on the Net
Law enforcement activities in recent years, publicized as "cracking
down on crackers," were in fact seizing computer systems of innocent
parties and shutting down bulletin boards used by hundreds of utterly
innocent people. These activities, whether through ignorance or
malice, deprived many people of legitimate Constitutional rights,
chilled free expression and stunted the growth of the Net.

EFF-Austin was formed to protect constitutional guarantees of free
speech and freedom from unreasonable search and seizure for users of
computer networks. Experience has taught us that these freedoms must
be fought for if they are to survive in the online world.

 - Join EFF-Austin
EFF-Austin was created as an experimental local chapter of the national
EFF but became independent in 1993 while retaining contacts with the
parent organization. We're heavily involved in public speaking,
education, and advocacy of constitutional rights in cyberspace. We're
Austin's forum for discussion of all concerns related to the cutting
edge where society meets technology.

Contact EFF-Austin by USMail:
PO Box 18957
Austin, TX 78760

by EMail:

or by voice mail:


Subject: What You Can Do

"Freedom is fostered when the means of communication are dispersed,
decentralized, and easily available, as are printing presses or

                --Ithiel de Sola Pool
                    from _Technologies of Freedom_

There is more than money at stake in the debate over the development of
America's communications highways.  Educate yourself.  Join EFF.

The Administration is currently making decisions that will affect your
ability to communicate in the future?  Who's protecting your interests?

The Electronic Frontier Foundation (EFF) is working with legislators to
make sure that principles guaranteeing free speech, privacy and affordable
service to consumers are written into new communications legislation.  Rep.
Edward Markey (D-MA) has already incorporated much of EFF's Open Platform
vision into his NII proposal (H.R. 3626).  But the fight is not yet won. 
The only way to make sure that future networks will serve *you* is to
become involved.  Join EFF and receive regular updates on what's happening
and action alerts when immediate action becomes critical.

Blind trust in the system won't help you.  Take control of your future. 
EFF is a respected voice for the rights of users of online technologies.
We feel that the best way to protect your online rights is to be fully
informed and to make your opinions heard.  EFF members are informed, and
are making a difference.  Join EFF today!

-------- 8< ------- cut here ------- 8< --------

This form came from EFFector Online

Print out and mail to:
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Electronic Frontier Foundation
1001 G Street, NW, Suite 950 East, Washington, DC  20001

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The Electronic Frontier Foundation is a nonprofit, 501(c)(3) organization
supported by contributions from individual members, corporations and
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