Skip to main content
Podcast Episode: Chronicling Online Communities

EFFector - Volume 7, Issue 14 - EFF Urges X9 Committee to Adopt Triple-DES Standard


EFFector - Volume 7, Issue 14 - EFF Urges X9 Committee to Adopt Triple-DES Standard

  ________________             _______________          _______________
 /_______________/\           /_______________\        /\______________\
 \\\\\\\\\\\\\\\\\ \          |||||||||||||||||       / ////////////////  
  \\\\\\\\\\\\\\\\\/          |||||||||||||||||      / ////////////////
   \\\\\\_______/\            ||||||_______\        / //////_____\  
    \\\\\\\\\\\\\ \           ||||||||||||||       / /////////////
     \\\\\\\\\\\\\/____       ||||||||||||||      / ///////////// 
      \\\\\___________/\      |||||              / ////   
       \\\\\\\\\\\\\\\\ \     |||||             / ////  
        \\\\\\\\\\\\\\\\/     |||||             \////

EFFector Online Volume 07 No. 14    November 23, 1994
A Publication of the Electronic Frontier Foundation        ISSN 1062-9424

In This Issue:

EFF Urges X9 Committee to Adopt Triple-DES Standard
Aerosmith & EFF Rock the Net
Statement of Rep. Brown on Encryption Standards and Procedures Act
DoC Telecom & Info Infrastructure Assistance Program Grants
Digital Library Study - Call for Participation
FCC Crackdown on Free Radio Berkeley
Calendar of Events
What YOU Can Do


Subject: EFF Urges X9 Committee to Adopt Triple-DES Standard

EFF sent a letter to 37 members of the Accredited Standards Committee (ASC)
X9 urging the committee to vote to develop a standard for data encryption
based on triple-DES, a strengthened and upgraded form of the popular DES
(data encryption standard).  The balloting process, which allows members
one month to cast their vote, closes on November 19.

The vote has important implications on the future of cryptographic
standards and US cryptography policy generally. The banking and financial
services industries are major users of cryptography, and applications
developed for this community tend to drive the market. As a result, the
adoption of a standard based on triple-DES would pose a major setback to
the NSA's efforts to push Clipper or similar government key-escrow based

The NSA, which is a voting member of the X9 committee, has urged members to
vote against the triple-DES standard.    

The ASC X9 committee is charged with setting data security standards for
the US banking and financial services industries.  Its membership is
comprised of representatives from the banking, financial services, computer
and communications industries, software manufacturers, and government,
including the NSA, the Federal Reserve, and NIST.


Encryption is widely used by banks and other financial institutions to
protect the billions of dollars in transfers and other transactions which
flow every day across the world's communications networks.

Currently, the prevailing encryption standard used in the banking industry
is based on DES (Data Encryption Standard).  DES has been available since
the early 1970's, and is popular because it has been repeatedly tested and
is considered unbreakable except by brute force (trying every possible
key).  DES is also popular because the US government has allowed banks and
financial institutions to use it overseas -- a limited but important
exception to the strong controls placed on other forms of cryptography. 

Despite its enormous popularity and widespread use, the banking and
financial services industries are searching for a new standard because DES
is reaching the end of its useful life. 

Although DES can only be cracked through brute force, the increasing speed
and sophistication of computer processing power will soon render the
standard insecure.  At a recent cryptography conference, experts
demonstrated that DES codes can be cracked in as little as three hours
using a machine which cost less than $1 million to build.

Triple-DES, a strengthened version of the reliable and trusted DES
standard, is the alternative favored by the banking and financial services
industries. In basic terms, the triple-DES standard is based on the
existing DES, but has been enhanced by tripling the key length.  The longer
key will make it more difficult to use brute force to crack the code.  

Supporters of triple-DES view it as a temporary, stop-gap solution, which
will provide additional security until a suitable alternative can be
developed.  Moreover, because triple-DES is based on an existing standard
that virtually all users are familiar with, it is argued that developing
and using triple-DES will not be a burden to current designers  and users
of data security systems. 


Members of the X9 committee agree that an alternative to DES must be found,
the question is what that standard will be.  The committee is currently
considering a recommendation to develop a standard based on triple-DES. 
Although there appears to be general support for the recommendation (it
passed an X9 subcommittee on a vote of 13 to 2, with 3 abstentions, in
July), the NSA has lobbied the committee to reject the proposal to create a
triple-DES standard. They have circulated a letter to committee members
(attached below) urging them to vote against the triple-DES recommendation.

Without offering specific alternatives, the NSA letter stresses national
security, attempts to discredit the strength of triple-DES, and questions
its exportability.  
The NSA appears to believe that the rejection of triple-DES by the X9
committee would create an opportunity to push for the only current
alternative -- Clipper.

By agreeing to develop a triple-DES based standard, the X9 committee can
simultaneously establish a workable transitional measure and send a strong
repudiation of the Clipper proposal and government designed cryptographic
standards.  Moreover, such a vote would pose a major setback to the NSA's
efforts to ensure that all cryptography contains government-escrowed back
The final balloting closes on Saturday, November 19. EFF is tracking the
committee vote, and will update this story as soon as further information
is available.


November 18, 1994

Dear Accredited Standards Committee-X9 Member:

The X9 Committee is currently voting as to whether to recommend the
development of a standard for triple-DES (ballot number X9/94-LB#28).  The
Electronic Frontier Foundation (EFF) strongly urges you to vote in favor of
the triple-DES standard.

EFF supports the development of a variety of new data security standards
and alternatives to DES.  We believe the triple-DES standard provides the
best immediate short term alternative because:

	* The basic algorithm, DES, is strong and has been tested repeatedly.

	* There are no known attacks that succeed against triple-DES.

	* It is clearly no less secure than DES.

	* It eliminates the brute-force problem completely by tripling the 
	  key length.

	* It runs at high speeds in easy-to-build chips.

	* It can be easily incorporated into existing systems.

NSA's opposition to triple-DES appears to be an indirect attempt to push
Clipper by eliminating credible alternatives.  Clipper is not a viable
alternative to triple-DES, and carries substantial liabilities.  There has
been no evidence of foreign acceptance of the standard and the skipjack
algorithm is classified.  The likelihood of any government accepting secret
standards developed by a foreign security agency is slim.  Clinton
Administration efforts, through the NSA, to push Clipper as a domestic
standard over the past two years have failed.  

We urge you to carefully consider the alternatives before you cast your
ballot.  We believe that the triple-DES issue should be decided on its own


John Gilmore                            
Board of Directors                      
Electronic Frontier Foundation  

Daniel J. Weitzner
Deputy Policy Director
Electronic Frontier Foundation


X9 Member

        I will be casting a NO vote of the NWI proposal for triple-DES,
Letter Ballot X9/94-LB#28.  The reasons are set forth below.  You may find
these useful as you determine your position.

Jerry Rainville

                        NSA REASONS FOR NEGATIVE VOTE

        While NSA supports the use of DES in the global financial sector,
we believe that standardization of triple-DES is ill-advised for a number
of reasons.

        The financial community should be planning to transition to a new
generation of cryptographic algorithms.  When DES was first introduced, it
represented the "only game in town."  IT supported encryption,
authentication, key management, and secure hashing applications.  With a
broader interest in security, the market can now support optimized
algorithms by application.  Going through the expense of installing a
stop-gap can only serve to delay progress in achieving interoperable
universal appropriate solutions.

        While we understand the appeal of a snap-in upgrade, our experience
has been that any change is expensive, especially one where the
requirements on the key management system change.  WE do not agree that
replacing DES with triple-DES is significantly less expensive than
upgrading to more appropriate technology

        Tripling of any algorithm is cryptographically unsound.  Notice
that tripling DES, at best, only doubles the length of the cryptovariable
(key).  Phrased another way, the DES was optimized for security at 56 bits.
 We cannot vouch that any of the schemes for doubling the cryptovariable
length of DES truly squares the security.

        We understand the financial community has concerns with current key
escrow based encryption, however, we are committed to searching for answers
to those concerns.  But the government is also committed to key escrow
encryption, and we do not believe that the proposal for triple DES is
consistent with this objective.

        US export control policy does not allow for general export of DES
for encryption, let alone triple-DES.  Proceeding with this NWI would place
X9 at odds with this long standing policy.  It also violates the newly
accepted X9 cryptographic policy.

        The US government has not endorsed triple-DES; manufacturers and
users may be reluctant to use triple-DES products for fear of possible

        Finally, further proliferation of triple-DES is counter to national
security and economic objectives.  We would welcome the opportunity to
discuss these concerns with an appropriate executive of your institution.


Subject: Aerosmith & EFF Rock the Net

Aerosmith Press Release

America's premier rock band, Aerosmith, today announced details of a unique
global event which will take the band across the information technology
frontiers into new realms of Cyberspace.

In what will be the first event of its kind, Aerosmith's history-
making "Cyberspace Tour," scheduled to take place over four days (December
4 to 7 inclusive), will allow fans from all over the world to "speak"
directly to the band via the four leading information service providers:
CompuServe, Prodigy, America Online and the Internet.
Never before has a band utilized four online services in this way, and
never before have so many people been brought together at one time for an
interactive gathering of this kind.
Proceeds from the connect time charges and the sale of limited edition
"Aerosmith Cyberspace Tour" T-shirts (specially designed in support of the
event by graphic artists at Wired Magazine and manufactured by Giant
Merchandising) will benefit the Electronic Frontier Foundation (EFF) -- a
civil liberties organization dedicated to advancing free speech on the
networks.  In addition, Aerosmith has secured substantial cash donations
for the Foundation from Geffen Records, EMI Music Publishing and Columbia
Founded in July 1990, over the past four years, the EFF has sponsored
litigation and legislation to protect the privacy rights of computer users,
to ensure that electronic publishers are treated equally under the law and
to guarantee that all speech, no matter how controversial, has a forum
where it can be heard.  As committed supporters of both the First and
Fourth Amendments, Aerosmith hopes to focus worldwide attention on these
important issues through the instigation of this event.
In addition to the opportunity to converse directly with each of the
band members, those participating will stand to win an exciting array of
Aerosmith prizes, ranging from the band's latest, collectible Columbia
release, "Box of Fire", and Geffen's "Big Ones" Aerosmith compilation album
and home video, to their first interactive CD-ROM game, "Virtual Guitar:
Quest for Fame, Featuring Aerosmith" and the CD-ROM-based music video
puzzle game: "Vid Grid."
Kicking off on Sunday, Dec. 4, at 7 p.m. (EST) Aerosmith will first
join users of CompuServe, the world's largest commercial online service,
for an hour-long interchange.  The following night, at 10 p.m. (EST), they
will link up with Prodigy devotees for an hour, before surfing over to
America Online on Tuesday, Dec. 6, between 8:15 p.m. and 9 p.m. (EST). For
their final appearance (10 p.m. EST Dec. 7), the band will log on to a
linked collection of live electronic gathering places, called MOOs,
accessible through the Internet.  This last stop on the tour will see an
unprecedented number of users accessing the system -- making this a
ground-breaking excursion along the information highway. 
For two of the online events, the band will be set up backstage, with
Macintosh Powerbooks courtesy of Apple Computers, prior to their shows at
the Palace of Auburn Hills in Detroit (Dec. 4) and the United Center in
Chicago (Dec. 6).  For the other two nights, utilizing the same equipment,
they will take time out of their hectic schedules, to link up with their
fans en route between gigs.

Anyone with a computer, a modem and access to one of the four online
services (which are immediately available from any computer store or
through any of the commercial services' 800 numbers) will be able to dial
in and participate in this exciting tour of Cyberspace.
For directions to these online 'gigs' users should contact either the
Electronic Frontier Foundation at 202-347-5400 (voice) or
(internet e-mail).  Alternatively, details will be available on each of the
participating online services.

Press Contact: Wendy Laister, +1-213-655-4140 or +44-385-300069


Subject: Statement of Rep. Brown on Encryption Standards and Procedures Act

On October 6, Rep. George Brown (D-CA), Chairman of the House Committee on
Science, Space, and Technology, introduced the "Encryption Standards and
Procedures Act of 1994".  The bill was not considered this year.

Brown introduced this bill at the end of this Congress inorder to send a
signal that he is serious about pursuing legislation similar to this next

Congress is likely to begin to consider this issue early in the next
session (early 1995), so there is plenty of time to come up with opinons
and reactions to the bill.  But, inorder to keep you informed about
important developments in Congress, we thought you should see this as soon
as we did.

Please read this statement, take a look at the draft legislation and EFF's
initial analysis and summary (see URLs at the end of this document), and
let us know what you think.


Mr. Speaker, today I am introducing H.R. 5199, the Encryption Standards and
Procedures Act of 1994.  The purpose of this legislation is to establish
Federal policy governing the development and use of encryption technology
for unclassified information that strikes the proper balance between the
public's right to private and secure communications and the government's
need to decipher information obtained through lawful electronic

The legislation would authorize the National Institute of Standards and
Technology (NIST) to develop and issue, by regulation, federal encryption
standards for ensuring the privacy, security, and authenticity of domestic
and international electronic communications in a way that preserves privacy
rights and maintains the government's authority and ability to conduct
electronic surveillance.  The development of such standards under a
rulemaking process will ensure that all stakeholders have an opportunity to
influence the final program.  With respect to policy, the bill would permit
wider use of encryption technology while reasserting the Forth Amendment
privacy rights and the government's authority to conduct lawful electronic
surveillance.  To ensure those rights are preserved, the bill would impose
new legal requirements on escrow agents that may be part of an encryption
standard established under the legislation.  It would also establish a
research and development program at NIST to develop next generation
encryption technology, and would authorize the use of available
appropriations to implement the legislation.

Mr. Speaker, this Administration has placed a high priority on promoting
the National Information Infrastructure (NII) and in realizing the economic
and social benefits of that infrastructure.  To achieve those goals, which
I strongly endorse, information communicated over the NII must be secure,
private, and authentic.  Otherwise, the public will not fully use the NII
and we will not realize its vast potential benefits.  Encryption technology
provides this capability.  

During the Cold War, the Federal Government pursued a de facto policy of
suppressing private sector development, use, and export of encryption
technology for national security reasons.  Recent advancements in
encryption technology and its proliferation make enforcement of that policy
increasingly difficult.  Moreover, fulfilling the goals of the National
Information Infrastructure requires private and secure communications that
can only be achieved with encryption technology.  The widespread use of
that technology, however, threatens to impede the government's ability to
conduct lawful electronic surveillance.

In February, 1994, the Administration responded to this dilemma by formally
adopting a voluntary federal Escrowed Encryption Standard (EES) for
electronic voice communications known as "Clipper".  The standard would be
implemented in computer chips that use a classified mathematical formula to
encrypt unclassified telephone conversations and computer data transmitted
over public telephone networks.  Authorized government agencies can decode
those communications by presenting a legal request to tow escrow agents,
which would hold two halves of a mathematical key that can decipher the

The purposes of Clipper are two fold -- first, to provide a means to
safeguard public and private electronic communications and, second, to
enable government law enforcement authorities and intelligence gathering
agencies to decipher such communications that have been lawfully
intercepted.  Similar voluntary standards for electronic data
communications are under development by the government and may soon be
issued.  The Administration contends that it has authority under the
Computer Security Act to issue such standards.  Others, however, have
raised concerns about the proper interpretation and application of the Act
with respect to Clipper and similar standards.

The Computer Security Act, which the Committee on Science, Space, and
Technology reported and the Congress enacted in 1987, authorizes NIST, in
consultation with other appropriate federal agencies, to develop and issue
standards and guidelines for protecting "unclassified, sensitive
information" in "federal computer systems".  The Act did not explicitly
contemplate the development or issuance of standards for safeguarding
private communications and satisfying the information needs of law
enforcement and the intelligence community.  Such communications are
considered private property subject to separate and distinct constitutional
rights an legal protections.  The Administration's interpretation of the
Computer Security Act to cover such matters appears to go beyond the
original intent of the Act and may be inconsistent with other law
pertaining to individual privacy, protection of private property, and
government authority to conduct lawful surveillance.

In testimony at hearings before our Committee, witnesses from industry and
privacy groups objected to the secretive way Clipper was developed, and
stated that the initiative does not go far enough to promote widespread use
of encryption technology.  They argued the program will hamper business
opportunities for United States firms, may infringe on individual privacy
rights, and is prone to abuse.  The Administration refutes these claims and
intends to proceed with the initiative arguing that it is essential for
public safety and national security.  The issue currently is stalemated
unless there is legislation or third party intervention.

The Administration has publicly stated that it does not intend to seek
legislation expressly authorizing Clipper or any other federal encryption
standard because it wants flexibility to modify its encryption policy and
program in response to changing circumstances.  The Administration's desire
for flexibility, however, contributes to the public's mistrust and
opposition to Clipper.  The proposal was developed under an administrative
directive and, therefore, could just as easily be changed in a way that
might be construed to diminish privacy rights without giving the public
adequate opportunity to affect the program.  For this reason alone, the
public is unlikely to ever accept Clipper Chip in its present form.

I, along with others, believe that a viable approach to gain public support
for an initiative like Clipper is legislation to codify federal encryption
policy and govern how that policy would be implemented.  In doing so, all
stakeholders would have an opportunity to influence the policy.  The final
program would have been subjected to greater scrutiny and its
implementation would be under the rule of law. It may well be that only
under these circumstances would the public accept a federal encryption
standard and the needs of law enforcement could be satisfied without
compromising privacy rights.

The Office of Technology Assessment (OTA) issued in September an extensive
report entitled "Information Security and Privacy in Network Environments"
that is consistent with this view.  The report concluded that "appropriate
institutional and technical safeguards are required for a broad range of
personal... information, [o]therwise, concerns for the security and privacy
of networked information may limit the usefulness and acceptance of the
global information infrastructure."  OTA also stated that such safeguards
can only be developed successfully through an "open process" and with
congressional involvement so the views of all affected parties can be
considered properly in arriving at a final outcome.  Public trust in
government and acceptance of federal encryption standards can only be
achieved through such a process.  The sentiment was shared by most
respondents to a draft of the bill that I circulated earlier this Summer
for comments.

Mr. Speaker, the bill I have introduced today has been drafted, not as a
perfect solution to the problem of privacy and security in the electronic
information age, but as a means for getting the various factions to talk to
each other in an open process to reach a sensible and effective resolution
of this critical issue.  I invite all interested parties to comment on the
bill.  My intention is to modify the bill to reflect comments made and to
introduce it again early in the 104th Congress for consideration by this

* For a copy of the bill and EFF comments regarding this legislation, see:, /pub/EFF/Legislation/Bills_by_number/, hr5199*, 1/EFF/Legislation/Bills_by_number, hr5199*, hr5199*
[Note: material will soon be moved to .../Bills_by_number/Old/]


Subject: DoC Telecom & Info Infrastructure Assistance Program Grants

FOR IMMEDIATE RELEASE:                  CONTACT:  Stephanie Schoumacher
                                                  Paige Darden
                                                  (202) 482-1551


Washington, DC -- Today, Secretary of Commerce Ronald H. Brown announced
the public institutions that will receive millions of dollars from the 
Department of Commerce's National Telecommunications and Information
Administration (NTIA).  The awards, which will help deploy a nationwide,
high speed, interactive infrastructure, are designed to provide access to
the information superhighway for every American.

The grants require matching funds and will generate millions of dollars
toward the development of the National Information Infrastructure (NII) in
public institutions such as schools, hospitals, libraries, social service
organizations, museums, and state and local governments.

"The Telecommunications and Information Infrastructure Assistance (TIIAP)
program will help public institutions deploy their services more 
efficiently," said Secretary Brown.  "In addition, they will serve as
catalysts for further developing the NII by providing models for communities
throughout the nation to follow," he continued.

Nearly 100 grants throughout the nation will be awarded.  Grants will be
awared for both planning and demonstration projects.  Key elements include
collaboration at the local and state levels, improving social services 
through technology, and serving diverse segments of society.

"Funding a program such as TIIAP, which is built on the concept of public/
private partnerships, is the appropriate role for government to play in
helping every American access the information superhighway -- one of the
goals of this Administration," said Larry Irving, assistant secretary for
communications and information of the U.S. Department of Commerce and
administrator of NTIA.

TIIAP program objectives include reinforcing the values of American
democracy such as empowering citizens, promoting equal opportunity, 
protecting individuals' rights, and strengthening democratic institutions.

Examples of grants that were awarded include:

        o  a telemedicine project that will deliver health services to
underserved rural areas;

        o  an environmental education project that will collect data and
deliver it to scientists and public schools;

        o  an inner city development project that will use telecommunications
technologies to forge links between community building organizations that
work to reduce poverty and create social and economic opportunities for
inner city residents; and

        o  a project that will provide school children and citizens of the
state with access to information through computer terminals located in
classrooms, libraries, neighborhood and senior centers, shelters, and 
health care facilities.

The National Telecommunications and Information Administrations serves as
the President's principal advisor on telecommunications policies pertaining
to the nation's economic and technological advancement and to the 
regulation of the telecommunications industry.

October 12, 1994


Subject: Digital Library Study - Call for Participation

               Institutional and Organizational Dimensions
                of the Effective Use of Digital Libraries
                          Professor Rob Kling 
                         Principal Investigator
             Department of Information and Computer Science
                        University of California
                            Irvine, CA 92717

Brief Project Description (10/19/94)

There has been recent rapid growth of diverse digital
library (DL) services such as: on-line bibliographic
databases and catalogs, distributed document databases
(including Gopher, World wide web), scholarly and
professional discussion lists, electronic journals, and other
on-line databases.

However, there has been little systematic investigation into
the conditions that foster their effective use.  This project
examines how university faculty and students use relevant
DL resources, and the institutional and organizational
practices that effectively support the use of DLs for
university teaching and research.  Institutions and
organizations vary in their ability to provide materials to
students and faculty in the libraries and their work places.
These services are now provided by librarians, academic
computing support and booksellers. By identifying the
institutional practices that can boost DL access and
effective use, we are developing guidelines for planning and
supporting network resource sharing.

We are conducting a multi-tiered study including: (1) a
comparative institutional analysis of 6-8 university digital
library and network information services and (2) an
intensive field study of DL providers and 50 faculty and
graduate students in five disciplines who use DL services
at one institution.

Some key research questions

1.   How accurately do faculty and students perceive the
     availability of resources, services, contents, and
     formats of electronic materials? 

2.   How much do faculty and students actually utilize
     these resources, and how do they fit their
     informational preferences and work practices?

3.   Under what conditions do faculty and students prefer
     electronic information to be available in specific
     forms?  For example, when do faculty and students
     prefer  ASCII text, bitmapped text, annotated text,
     multimedia, or print formats?  Under what conditions
     do faculty and students want networked versus
     CD-ROM or downloadable resources? Under what
     conditions can librarians, departments and academic
     computing support provide these formats?

4.   To what extent do faculty and student use services
     where they have assistance from skilled help such as
     reference librarians, colleagues or computing support

5.   How do these patterns of preferences and usage vary
     with different disciplinary traditions, institutional
     pressures and values and working conditions?

6.   How can we succinctly characterize the differences
     between higher quality and less  quality
     delivery/support of digital library services at a campus

This study is funded by the U.S. Department of Education
and is administered by the Center for Research in
Information Technology in Organizations at the University
of California, Irvine.  For more information, contact:
          Professor Rob Kling
          714-856-5160 [824-5160 after Nov 5, 1994]
          Ms. Lisa Covi
          714-556-8513 (Messages)
          Department of Information and Computer
          University of California
          Irvine, CA 92717-3425


Subject: FCC Crackdown on Free Radio Berkeley


For immediate release: Thursday, October 13 - 2 pages

Contact: Stephen Dunifer, Free Radio Berkeley - (510) 644-3779, 464-3041
		Luke Hiken, Attorney At Law, NLGCDC - (415) 705-6460


	On Tuesday, October 10 attorneys for Stephen Dunifer and Free
Radio Berkeley received notice, 80 pages worth, of the FCC's intention to
seek an injunction which would bar further broadcasts by Free Radio
Berkeley.  Stephen Dunifer is named as the responsible party.  Free Radio
Berkeley is part of a rapidly growing movement which uses inexpensive and
low power radio transmitters (1/2 watt to 30 watts) to reach local
communities. Called micro power broadcasting, this movement sees simple,
easy to use transmitters as the leaflet of the 90's.  In an era of
multinational controlled mass media, micro power broadcasting is the voice
of the community; the voice of the people.  For four years the government
has been trying to squelch this movement with escalating (but uncollected)
fines.  Clearly, it sees broadcasting which anyone can do as a threat to
centralized control of information, ideas and culture.  Intimidation
having failed, the FCC is abandoning its own procedures and turning to the
weight of the Federal Courts to squelch this new and democratic media.  It
won't happen. 

	Last July the FCC served a notice of apparent liability on Stephen
Dunifer in the amount of $20,000 for alleged illegal broadcasts.  This
case has been pending before an FCC administrative panel for over a year. 
In July 1994, a Federal Appeals Court in the District of Columbia ruled
that the FCC's current fine structure was invalid.  This action, at the
very least, places the FCC fine process into a state of limbo until new
hearings are held.  Perhaps this explains why the FCC has taken this mode
of attack. 

	Luke Hiken, attorney for Stephen Dunifer, stated, "This is a
totally unprecedented move on the part of the FCC.  It appears they have
side-stepped their own authority regarding micro radio broadcasting. 
Instead, they have chosen to bring down the full weight of the Federal
Court System on an ever expanding community of broadcasters who are
challenging the FCC's ban on micro power broadcasting.". (continued)

	"They can kiss my Bill of Rights" was Stephen Dunifer's response,
who went on further to say, "Neither myself nor the movement to liberate
and reclaim the airwaves from corporate control will be deterred one bit
by the FCC's latest action.  It is a matter of free speech and human
rights.  No where in their prodigious legal tome does any aggrieved party
come forth, other than the FCC, to assert damage or harm.  FCC, in my
opinion, stands for fostering corporate control.  Free Radio Berkeley has
been on vacation for the last few months in order to allow time to put
together new equipment.  Broadcasts will resume shortly at a new
frequency, 104.1 FM, and continue until the date of the first court
hearing.  If an injunction is granted, there are many others taking up the
banner of Free Radio Berkeley.  We shall not be moved nor stymied by a
justice system which means, in reality, just us corporations."

	Another member of the legal defense team, Allen Hopper, put it
this way, "It is utterly amazing that the FCC would seek a TRO, which is
only sought for emergency situations where the threat of immediate and
irreparable harm requires the intervention of the Court.  The fact that
the FCC has had this case pending before its own administrative panel for
over a year contradicts any notion of emergency or injury.  Further, their
actions clearly demonstrate the fear they hold for the kind of public
dialogue which takes place over micro power radio."

	Luke Hiken and the National Lawyers Guild Committee on Democratic
Communications are committed to defending the rights of micro broadcasters
under the US Constitution and principles of international law. 

	At this moment, a hearing on this matter is scheduled to take
place on December 2 in Federal District Court in Oakland starting at 10:30
AM.  A Free Speech Solidarity Support Rally will be held outside the
Oakland Federal Building prior to the hearing.  On the following evening
(Saturday, December 3) a public forum flying the banner of - Seizing the
Space, Media and Communications Free Speech Activism - will be held in
Berkeley at the Unitarian Fellowship (Cedar & Bonita).  Starting time will
be 8 PM.  Simultaneous forums on this topic will be taking place in a
number of other cities around the US, and perhaps internationally as well,
on this date. 

	Complete media packets will be sent out upon request.  Please
contact Free Radio Berkeley, (510) 644-3779, (510) 464-3041. 


Subject: Calendar of Events

Nov. 25-
Dec. 6 -  Window in the Net Conference and Exhibits, Berlin, Germany,

Nov. 26 - EF-Canada/U. Waterloo Free Speech & Privacy in the Information
          Age Symposium, Waterloo, Ontario, 8am-6pm. 
          Contact: Wendy Rush, +1 519 885 1211 ext. 3688, or Prof. Jeffrey
          Shallit, +1 519 888 4804; fax: +1 519 885 1208; internet:

Nov. 29-
     30 - CAUSE 94 Conference and CNI Task Force Meeting.  Contact:
          Paul Even Peters, Coalition for Networked Information, +1 202
          296 5098,

Dec. 3 -  EFF-Austin Sysop Liability Workshop, 1pm-6pm CST, featuring
          EFF's Mike Godwin, Ed Cavazos of EF-Houston, Pete Kennedy (counsel
          in the Steve Jackson Games case), Steve Ryan (Houston attorney),
          Garry Kissiah (high-tech law consultant and author).
          Info: David Smith (

Dec. 4 -  EFF/Aerosmith Conference, CompuServe Auditorium, 7pm EST
          Contact: 1-800-848-8199 for CIS access; for info
          See article in this issue for background

Dec. 5 -  Colorado University--Boulder's NII Summit, featuring EFF co-founder
          John Perry Barlow, Sens. Hank Brown & Ben Campbell, TCI's John
          Mallone, and US West's Richard McCormick.  

       -  EFF/Aerosmith Conference, Prodigy Auditorium, 10pm EST
          Contact: 1-800-776-3449 for Prodigy access; 
         for info

Dec. 6 -  EFF/Aerosmith Conference, America On-Line Auditorium, 8:15pm EST
          Contact: 1-800-827-6364 for AOL access; for info
Dec. 7 -  EFF/Aerosmith Conference, Internet Meta-MOO, 10pm EST
          Info:; even will be hosted simultaneously by
          many MOO hosts (reachable via telnet or MOO client), including
          BayMOO, Chiba/Sprawl, MetaVerse and others.  See your sysadmin
          for technical assistance with telnet and MOO access. This historic
          Event will for the first time link a number of MOO servers in
          realtime, for the largest single organized live event in Internet
          history.  Even may also be "simulcast" via email and WWW.
          Send any message to for periodic updates.

Dec. 16 - 4th Annual Loebner Prize Competition in Aritificial Intelligence,
          Calif. State U. - San Marcos.  Contact: Dr. Robert Epstein, 
          +1 619 436 4400, fax: +1 619 436 4490, internet:

Dec. 31 - Deadline for proposals for ISEA 95 (see below).  


Sep. 17-  
     24 - International Symposium on Electronic Art, Montreal, Quebec, Canada.
          Information: +1 514 990 0229, fax: +1 514 842 7459, internet:


Subject: What YOU Can Do

"The net poses a fundamental threat not only to the authority of the
government, but to all authority, because it permits people to organize,
think, and influence one another without any institutional supervision
whatsoever.  The government is responding to this threat with the Clipper
  - John Seabrook, "My First Flame", _New_Yorker_ 06/06/94

Ensuring the democratic potential of the technologies of computer-mediated
communication requires active participation in the political processes that
shape our destinies.  Government agencies, legislatures and heads of state
are accustomed to making decisions about the future of technology, media,
education, and public access to information, with far-reaching and
long-lasting effects on citizens and their lives, but are accustomed to
doing so with little input or opposition from anyone but the largest of
corporations, and other government representatives.

Now, more than ever, EFF is working to make sure that you can play an
active role in making these choices. Our members are making themselves heard
on the whole range of issues. EFF collected over 5000 letters of support
for Rep. Maria Cantwell's bill to liberalize restrictions on cryptography. 
We also gathered over 1400 letters supporting Sen. Leahy's open hearings on
the proposed Clipper encryption scheme, which were held in May 1994.  And
EFF collected over 90% of the public comments that were submitted to NIST
regarding whether or not Clipper should be made a federal standard. 
Additionally, EFF has worked for the passage of legislation that would
ensure open access to the information infrastructure of today and tomorrow,
and continues to provide some of the best online resources on privacy,
intellectual freedom, the legalities of networking, and public access to
government representatives and information.

You *know* privacy, freedom of speech and ability to make your voice heard
in government are important. You have probably participated in our online
campaigns and forums.  Have you become a member of EFF yet?  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!

For EFF membership info, send queries to, or send any
message to for basic EFF info, and a membership form.



EFFector Online is published by:

The Electronic Frontier Foundation
1001 G Street NW, Suite 950 E
Washington DC 20001 USA
+1 202 347 5400 (voice)
+1 202 393 5509 (fax)
+1 202 638 6119 (BBS - 16.8k ZyXEL)
+1 202 638 6120 (BBS - 14.4k V.32bis)
Internet fax gate:

     Coordination, production and shipping by:
     Stanton McCandlish, Online Activist/SysOp/Archivist 

Reproduction of this publication in electronic media is encouraged.  Signed
articles do not necessarily represent the views of EFF.  To reproduce
signed articles individually, please contact the authors for their express
permission. Press releases and EFF announcements may be reproduced individ-
ually at will.

To subscribe to EFFector via email, send message body of "subscribe
effector-online" (no quotes) to, which will add you to
a subscription list for EFFector.

To get the latest issue, send any message to, and it will be
mailed to you automagically.  You can also get,
/pub/EFF/Newsletters/EFFector/current at any time.


Internet Contact Addresses

Membership & donations:
Legal services:
Hardcopy publications:
Technical questions/problems, access to mailing lists:
General EFF, legal, policy or online resources queries:

End of EFFector Online v07 #14


Back to top

JavaScript license information