x1@oxy.edu (Rodney J. Hoffman) (03/05/91)
Computer Professionals for Social Responsibility PUBLIC POLICY ROUNDTABLE "Civil Liberties and the Electronic Frontier: Mapping the Terrain" February 21-22, 1991 Carnegie Endowment for International Peace 2400 N Street, NW Washington, DC Sponsored by the Electronic Frontier Foundation (EFF) Thursday, February 21 Keynote address Free Speech in the Age of Electronic Networks Senator Patrick J. Leahy, Chairman Senate Judiciary Committee, Subcommittee on Technology and the Law An overview of the importance of free speech protections and how First Amendment principles might be applied to computer networks and computer communications. Panel Discussion Filtering Digital Speech: The Role of Network Intermediaries Moderator: David Bellin, Pratt Institute Panelists: Jerry Berman, American Civil Liberties Union Charles Brownstein, National Science Foundation Mike Nelson, Senate Science Committee George Perry, Prodigy Services John Quarterman, The Matrix Digitial speech moves from sender to recipient through individuals and institutions. BBS SYSOPs, net administrators, conference hosts, universities, private companies, even the federal government all facilitate the dissemination of messages that they themselves did not create. * What are the responsibilities of these "network intermediaries" to filter digital speech? Is such message filtering editing or censorship? * How would a legal duty to review the contents of message traffic affect the practices of network intermediaries? What would be the consequences for technological development, such as "store and forward" networks? * How do common carrier principles apply to electronic networks? What are the differences between common carriers, publishers, republishers, and other service providers? Who are the common carriers? Who are the publishers? Panel Discussion "Electronic Speech": What Does It Mean and Where Is It Heading? Moderator: John Podesta, American Newspaper Publishers Association Panelists: Ken Allen, Information Industry Association Lisa Carlson, Metasystems Donna Demac, New York University Mitch Kapor, Electronic Frontier Foundation Tom Sherman, Words and Pictures Broad-band communications are rapidly changing the character of network speech. Audio messages, video messages, and multi-media messages will soon be exchanged through data networks now generally limited to text-based communications. * To what extent do changes in communications technology alter the public policy framework? Do "First Principles" help focus development goals? * What will the publications of the next century look like? Who will be the publishers? * What impact will these changes have on network policy? Does the character of the message change the roles of publisher, the network intermediary, or the government? Panel Discussion Network Communities: Virtual Spaces, Public Forums, and Town Meetings Moderator: Dorothy Denning, Digital Equipment Corporation Panelists: George Baldwin, Arkansas University Frank Burns, Metasystems Cliff Figalo, The Well Steve Jackson, Steve Jackson Games Katie Hafner, Breaking In Bruce Sterling, Schismatrix Electronic communications promote the development of new communities. This increased information exchange between geographically disparate individuals raises new questions about the importance of social assembly. * What is the character of these "electronic communities"? How does the electronic environment change our understanding of political participation, group formation, and democratic governance? * Do the hosts or sponsors of these virtual meeting places have a responsibility to oversee the conduct of the participants? Are new laws necessary for electronic communities? * How should the First Amendment operate, if at all, in a network community? Panel Discussion The Prodigy Case Moderator: Tony Mauro, USA Today Panelists: Will Miller, American Civil Liberties Union Henry Niman, University of Pittsburgh Jim Parker, Advanced Network and Services Sam Simon, Issues Dynamics Inc. Sandy Weiss, Prodigy Services When Prodigy proposed a hike in the cost of electronic mail services, a group of subscribers organized a protest, using first Prodigy's public bulletin board and then the private electronic mail service. * What are the differences between a public forum and a private forum? Is a service such as Prodigy more like a shopping center or a newspaper editorial page? * Should network intermediaries protect the rights of service users even when it may be against their own interests? Are there clear legal obligations? Should there be? Role Playing Message Filtering: Editing or Censorship? Moderator: Richard Civille, CPSR Groups: BBS Management Federal agency Newspaper editorial board Private mail service University administrator The participants will be divided into five groups. Each group will be given a packet containing several different messages (pornographic, libelous, racially offensive, critical of the message carrier, suicide notes, bomb threat, commercial offer, and anarchist). Each group will meet to discuss how it will handle each message. The groups reassemble, a large matrix is set-up, and each group reports on how it handled each message and why. Each group should also suggest a brief list of principles for filtering electronic messages. The other groups are then free to respond and criticize the policies. Friday, February 22 Panel Discussion Privacy Protection for Network Communications Moderator: Rick Weingarten, CRA Panelists: Mike Cavanaugh, Electronic Mail Association Dave Farber, Internet Advisory Board Admiral Noel Gaylor, National Security Agency (formerly) Eli Noam, Columbia University In 1986 Congress updated the federal wiretap law to protect the privacy of computer communications. The Electronic Communications Privacy Act is the most far-reaching effort by Congress to bring legislation in line with rapidly evolving communications technologies, yet questions remain about the scope and application of the law. * How well does this law apply to current network communications? Are there gaps that result from new communications technologies? * What policies are appropriate for the privacy of electronic communications? When should electronic mail be intercepted? Are proposed policies for the NREN adequate and do they conform with the ECPA? * Should there be a distinction between the protection of message content and the protection of message records? How should transactional data generated by electronic communications be handled? Panel Discussion Walking the Beat in the Global Village Moderator: Jim Dempsey, House Judiciary Committee Panelists: Al Bayse, Federal Bureau of Investigation Mike Godwin, Electronic Frontier Foundation Steve Levy, Hackers Charles McClure, Syracuse University Sheldon Zenner, Katten, Muchin, Zabis Computer crime investigations raise unique problems for law enforcement agents, prosecutors, attorneys, and computer users. Evidence of computer crime may be more easily concealed than other types of crime. Data is easily encrypted. Files can be readily copied and just as readily destroyed. At the same time, searches of computer systems are often broader than searches of physical spaces. Much of the information that can be easily obtained may be unrelated to a particular investigation. * How do we "police" computer communities? * How can the Fourth Amendment principles of "minimization" and "particularity" be applied to computer systems? What safeguards are necessary to avoid overly broad searches? Panel Discussion Applying Civil Liberties Principles to New Settings - Case Study: The Privacy Protection Act of 1980 Moderator: Dave Johnson, Wilmer, Cutler & Pickering Panelists: Janlori Goldman, American Civil Liberties Union John Nagle, Autodesk Harold Relyea, Congressional Research Service Bruce Sanford, Society of Professional Journalists Steve Wolff, National Science Foundation A law passed in 1980 created heightened privacy rights for searches of news rooms. The law recognized special First Amendment interests in the records of reprinters. Today newsrooms are increasingly electronic and the distinction between the printing press and the filing cabinet is collapsing. * How should the principles adopted in the 1980 law be applied in the coming years? Is the Privacy Act still "good law"? * What is the significance of network publishing and protected First Amendment interests for the conduct of computer crime investigations? Does the Privacy Act apply to all network publishing? Panel Discussion From Trespass to Conduct - The Evolution of Computer Crime Law Panelists: Sharon Beckman, Electronic Frontier Foundation Don Goldberg, House Judiciary Committee Tom Guidoboni, Bonner & O'Connell Lance Hoffman, George Washington University Craig Neidorf, Phrack Craig Schiffries, Senate Judiciary Committee The federal government and many states are reevaluating their computer crime laws to determine whether they are well designed. Computer crime laws were generally based on the concept of trespass. However, the trespass concept applies less well to some recent acts that might be described as "reckless" or where the intent of the actor is a significant consideration. * What is the status of computer crime legislation in Congress? What approach did Massachusetts take? What issues will be before Congress this session? * What are the limitations of the trespass concept? What criminal justice purposes does trespass serve? How could a conduct-based offense be tailored to computer communities and network communications? What are the implications for law enforcement, for computer users, and for network administrators? * On the electronic frontier what acts should be unlawful? ----------------------------------------------------------------