Return-Path: Received: by massis.lcs.mit.edu (8.7.4/NSCS-1.0S) id AAA10815; Thu, 12 Dec 1996 00:26:48 -0500 (EST) Date: Thu, 12 Dec 1996 00:26:48 -0500 (EST) From: ptownson@massis.lcs.mit.edu (TELECOM Digest Editor) Message-Id: <199612120526.AAA10815@massis.lcs.mit.edu> To: ptownson@massis.lcs.mit.edu Subject: TELECOM Digest V16 #657 TELECOM Digest Thu, 12 Dec 96 00:26:00 EST Volume 16 : Issue 657 Inside This Issue: Editor: Patrick A. Townson Re: The Opposition Point of View: FRC on Supreme Court News (H. Gorman) Re: The Opposition Point of View: FRC on Supreme Court News (John Levine) Re: The Opposition Point of View: FRC on Supreme Court News (Randy Miller) Re: The Opposition Point of View: My Response (TELECOM Digest Editor) TELECOM Digest is an electronic journal devoted mostly but not exclusively to telecommunications topics. It is circulated anywhere there is email, in addition to various telecom forums on a variety of public service systems and networks including Compuserve and America On Line. It is also gatewayed to Usenet where it appears as the moderated newsgroup 'comp.dcom.telecom'. Subscriptions are available to qualified organizations and individual readers. Write and tell us how you qualify: * ptownson@massis.lcs.mit.edu * The Digest is edited, published and compilation-copyrighted by Patrick Townson of Skokie, Illinois USA. You can reach us by postal mail, fax or phone at: Post Office Box 4621 Skokie, IL USA 60076 Phone: 847-329-0571 Fax: 847-329-0572 ** Article submission address: ptownson@massis.lcs.mit.edu Our archives are located at mirror.lcs.mit.edu. 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A suggested donation of twenty dollars per year per reader is considered appropriate. See our address above. All opinions expressed herein are deemed to be those of the author. Any organizations listed are for identification purposes only and messages should not be considered any official expression by the organization. ---------------------------------------------------------------------- From: hillary@netaxs.com (Hillary Gorman) Subject: Re: The Opposition Point of View: FRC on Supreme Court News Date: Tue, 10 Dec 1996 17:20:36 -0500 Organization: Packet Shredders Anonymous In article , TELECOM Digest Editor noted in response to article forwarded by monty@roscom.COM: > [TELECOM Digest Editor's Note: I in general support the CDA although > I see some problems with the way it is written and wish that instead [snip] > I hope this does not turn out to be a situation where 'a battle is > won but the war was lost'. I see some real problems with CDA as it > is written, but I can sympathize with the views expressed by its > proponents as well, and frankly, the intellectual dishonesty (and > I will suggest) fraud perpetrated on the Court by the opponents of > CDA in Philadelphia almost has me to the point I hope CDA is ruled > to be constitutional. Honestly, I wish Monty Solomon and others > would quit sending me this junk-email ... and that is what it is. > All it does is make me more angry each time I read it. PAT] Wow. I'm shocked. I echo your final comment -- but about what YOU have to say! It makes me more angry each time I read it! In all seriousness, no flames, I'm a civil type of person, I try to be friendly - could you please advise me as to how *exactly* you believe the ACLU demonstrated "intellectual dishonesty" or "fraud"? And exactly what technical solution you have to offer, with regard to how we [we=ISP admins] are supposed to monitor everything flowing through our network for content? I would absolutely *love* to hear of a software solution which would allow monitoring for content which would a) work, b) not require us to hire 10 new people c) not require us to dedicate several entire machines simply to do the work of checking through the MASSIVE amounts of traffic that flow through our several T3s on a daily basis. We're not a huge company - 3000 or so dialup users - but we have something like 20 or so downstream ISPs who buy T1s from us ... we'd have to check everything THEIR users came up with also ... insanity, in my mind. Please. Enlighten me. I'm dying to hear how this could work. So far, I haven't heard one solution that sounded feasible for a small company with only about ten employees, or that would actually WORK even 90% of the time without also blocking traffic related to medical or psychological/psychosocial issues. Thanks!!! hillary gorman http://www.hillary.net info@hillary.net "to err is human; to moo, bovine." [TELECOM Digest Editor's Note: See my response at the end of this thread in this current issue. PAT] ------------------------------ Date: Tue, 10 Dec 96 19:21:00 EST From: johnl@iecc.com (John R Levine) Subject: Re: The Opposition Point of View: FRC on Supreme Court News Organization: I.E.C.C., Trumansburg, N.Y. > What was really insulting in the earlier litigation regards CDA was > how the ACLU instructed their witnesses to just get up in court and > lie about the technical aspects of the net, making all those outlandish > claims about the technical difficulties involved in affording some > modicum of policing. Uh, could you refresh our memory about those lies? I recall an ill-prepared government witness with an impractical proposal to tag each packet with a "decency bit". I have a small daughter, and I certainly have no interest subjecting her to pictures of people copulating with farm animals or whatever this week's scary example is, but the CDA is the wrong answer to the wrong question. John R. Levine, IECC, POB 640 Trumansburg NY 14886 +1 607 387 6869 johnl@iecc.com "Space aliens are stealing American jobs." - MIT econ prof [TELECOM Digest Editor's Note: I'll also respond to you shortly. PAT] ------------------------------ From: miller@compex.com (Randy Miller) Subject: Re: The Opposition Point of View: FRC on Supreme Court News Date: Tue, 10 Dec 1996 17:31:12 GMT Organization: Erol's Internet Services On Sat, 7 Dec 1996 03:18:51 -0500, our esteemed Moderator wrote: > There *are* technical solutions to the problems FRC sees with the net, > and there are relatively easy ways to implement some changes which > ought to appease FRC while at the same time posing little or no addi- > tional burden on the net. We do have to co-exist with the rest of the > world you know. Other people have a right to use the net also, you > know. That may come as a complete surprise to the folks at the ACLU > and all the librarians, but other users of the net actually have the > right to enjoy the web and not have to worry about their kids getting > into territories they should stay out of. This is one time I, as a librarian, have to disagree with you, Pat. Granted, I'd rather not put something like Madonna's Sex or Lady Chatterly's Lover on the shelf (After working as a DoD contractor for almost 4 years, CYA and CYOFA are my motto.) However, from my experience (since I normally don't agree with the femiNazis (to borrow from Rush Limbaugh, who I also loathe)), I make two conclusions: 1. We in the library profession have always had the attitude of "we're doing this because it's for your own good!" Most of the furor that gets created is because the librarians do not take into consideration the clientele they are serving. For example, I lived in Marengo, IL for almost four years. After being around Marge Smith at the district library for that period of time, I've come to the conclusion that what they teach us in graduate school (which is another farce in itself), is mostly irrelevant when it comes to serving the needs of the community. The biggest mistake we make, as a profession, is NOT doing any kind of (perish the thought, a big business concept) market research. What passes for normal in New York City, doesn't necesssarily pass for normal in Paradise, PA. Too many of us library professionals (myself included) have gotten into the habit lumping obscene and controversial together. As my old clarinet teacher said, "what's music to one person, is noise to another." 2. I do agree with you that there are others that use the net. However, I do believe that the parents should control what their children see. The big problem is that most parents either 1) have massive technophobia (like my mother, who even refuses to have a touch tone phone in the house, even though GTE no longer has rotary service in her area. I still get the major bitchout job about having a PC in the house, for better or worse. I won't even bother trying to show her the web, since she has completely bought the mass media line of porno on the web. Besides, to her, anything she doesn't understand is stupidity, and is to be trashed on sight.), or 2) they don't give a damn what the kids are up to. Many are the times I told the stories here of the private music studio I used to run. Most of the students I considered of "not being worthy of learning an instrument" tended to come from homes where the prevailing attitude was "gimme my beer, my TV, and screw everything else." In short, the net should be free from this garbage they call the CDA. Unfortunately, very few parents want to take responsibility for their children, from my experience. Remember, as the old saying goes, with freedom, comes responsibility, which I find very few people taking on nowadays. Randy miller@compex.com [TELECOM Digest Editor's Note: Thanks for a great reply. What you say makes a great deal of sense. I'll comment more in the next message to follow. PAT] ------------------------------ From: TELECOM Digest Editor Subjedt: The Opposition Point of View: My Response Date: Wed, 11 Dec 1996 00:15:00 EST Thanks to one and all who wrote rebuttals on this topic. The three above are typical of them all. To start my response, I think I should make a few of my beliefs clear: 1) Indeed, the first and primary responsibility falls on parents. The parents should take control. Many do, some do not. Therefore, in our society we pass certain laws pertaining to the protection of children, not leaving any option available to parents. We insist that children go to school. Some school, any school, but they have to attend until a certain age. We assume most parents would feel the same way, but nonetheless we have it as a law. The fact that some will be absent quite often ('play hookey') and the fact that some will be disruptive or learn little or nothing in the process does not deter us from formally stating the public policy of our society by codifying our requirements that children be in school. We hope that they become educated as a result. A good policy I think. We have laws against minors having the ability to purchase or be served alcoholic beverages. Again, we assume most parents would feel the same way, but nonetheless, we have it as a law. The fact that some minors will (1) acquire false identification to use in deceiving a merchant; (2) visit merchants willing to violate the law; (3) engage the services of an older adult willing to make the purchase for them; (4) have parents who do not care and allow their children to drink does not deter us from stating the public policy of our society by passing a law saying 'minors may not purchase or drink alcoholic beverages.' Now, do teenage boys like to drink beer they convinced their older buddies to buy for them? Do they get drunk, and as a result get into automobile accidents, etc? Of course. But we still have the law; we assume most parents help enforce the law by supervising their children as best they can, etc. I think it is a good policy that we as a society make the statement we do about minors and alcohol. Ditto with cigarettes ... we have parental disapproval (in many cases but certainly not all) ... we have laws against it which were passed as a reflection of our beliefs as a society. Do kids smoke? Do they buy cigarettes with the help and connivance of merchants who wink at the law about checking identification for age? Do they go home and hide their cigarettes from their mother? But we still put a law out there which we say is our goal and desire as a society. We do not allow minors to patronize 'adult' places of business such as 'adult' book stores. For the uninitiated, those are places where one seldom buys books (although you can) but rather one usually gives the cashier a few dollars in exchange for tokens to use for admission to little private stalls where one can sit and view sex movies at the rate of a minute or so per token. Whatever else occurs in the privacy of the little stall is, I suppose, the business of the occupant, although some communities like Chicago even have a few ordinances on the books governing one's behavior while seated therein, and the ordinances are plainly posted inside each stall: "You will not engage in X, Y or Z while in this booth. Offenders subject to fine." Do teenage guys get 'dirty books' to look at? Of course. Do they hide them from their mother? Of course. We assume parents are doing what they can (perhaps a broad assumption) but we still express our society's goals by codifying them, or making them into laws. No amount of laws or parental guidance has ever prevented a child from getting into trouble. No one has ever claimed that a law will do it all, or that parents are doing nothing to help. 2) Second belief of mine: in the current context, no single act by any ISP or network is going to cure the problems with the net as seen by groups like FRC. No group of actions or concerted effort by ISPs and networks is ever going to catch every single instance of malfeasance. All that will ever happen -- assuming a community effort by netters to work along with the rest of the world -- is that a large number of stumbling blocks will make it **much more difficult** for minors to be *routinely exposed* to those things on the net which FRC, some (perhaps most) parents, and society in general believes are not good for children to see/read. Will teenagers who want to flaunt the rules find ways to do so? Of course they will. I am assuming however just as there are a large number of kids who do not drink/smoke because it is against the law for them to do so, there will be a large number who obey a law about what they are and are not permitted to access on the net. Parents who do try to govern their children will be encouraged by the support given by society and parents who are marginal in this way may become somewhat more concerned and active also. 3) My third belief: Yes, CDA was not well written. They should have never touched on 'indecency' and instead used the term 'obscenity' since the latter is already defined and has no constitutional protection. As many have pointed out, 'indecent' leaves things pretty wide open. I'll grant you that the Supreme Court has no business writing the laws; their job is merely to interpret the laws already written and rule on them. ------------------- Now with that in mind, let us continue. Remember, none of these things *by themselves* will cure anything. All of them put together will not totally eliminate the problems the FRC wants to cure. All of them put together will however be of much help. Hillary wants to know what is a poor sysadmin to do? She suggests hiring ten additional people to 'read everything' in the news every day. No, not at all ... instead, try the appproach suggested by mcs.net here in Chicago, which they are publicizing widely in their advertising: they do not carry newsgroups which *on their face* are intended as ways to exploit children; ie the newsgroups which by their title suggest advocacy of pedophilia. The recent advertisement by mcs.net lists about a dozen newsgroups. I suppose it would take Hillary thirty seconds to call up an editor and cut a few lines out of the system-wide .newsrc file. What you are saying is your site does not receive those groups and does not pass them along. There is no censorship involved; the computer is private property, and if your downstream wants those groups they are always free to go get them somewhere else. And don't worry, they'll still be around; there will always be sites willing to carry them. As mcs.net pointed out in its advertisement, a survey of a few dozen ISPs found that about half said they never 'censor' newsgroups in any way, shape or form. But you say, not at this site. Go elsewhere. That is the stance mcs.net has adopted. Common rebuttal: if deprived of mass circulation of their newsgroup, 'those people' will start posting in other groups. Okay, so what? That's not your problem. Let them deal with the flame war sure to result when they post in some totally unrelated group. Kids don't have to go in taverns -- where they are forbidden by law to be -- in order to find some beer to drink. They don't have to go to an adult bookstore in order to find a 'friendly' adult willing to explain the facts of life to them. But that is not the problem of the tavern owner or the bookstore manager who work to keep those situations from occuring *on their own premises, in situations under their direct control*. Another rebuttal: new groups will start all the time. We will have to examine every new newsgroup that is started. As 'newgroup' control messages come along, either they would appear to be acceptable or they would appear to not be acceptable. Either you honor the 'newgroup' message or you do not honor it. Again, not a major undertaking. You do not literally read every single message in every single group any more than you need to go into a tavern to see if they sell ginger ale or potato chips as well as booze. We just say on its face, we do not want to distribute this to an unregulated, uncontrolled subscriber base which includes children. -------------------- Am I the only person who knows the purpose of, and how to use .http-access files in connection with a web page? The presence of such a file in a directory causes various things to happen: depending on what you put in the file, you can deny access to a given user and/or site; you can deny access to all but a select few users/sites, etc. So Hillary and other sysadmins, why not teach your web customers how to install and use .http-access files as a way to control who gets to see their page? For instance, suppose you denied access to '@u18.' wildcard ... meaning any site that had '.u18' as part of its name was denied viewing. Now suppose on the flip side of the coin, you (if you even have the possibility of underage subscribers) take one of your machines and give it -- in addition to its regular name -- an *alias* of 'u18', and anytime that machine makes any outbound connection anywhere on the net it introduces itself as 'u18.the.rest.of.its.name' ... actually I think you would name the machine 'u18' and its 'alias' would be the regular name it has had all along, so that your users need not know anything at all about the 'u18' part ... Now, starting with your next billing cycle, and continuing over a period of several months with *existing users* and from the start with *new users* you require your user to certify to the following: "I am of legal majority age in the state in which I reside". In other words, the person is 18 years of age or older. With new users, you might decide to have them submit a photocopy of a driver's license or birth certificate. With existing users, do something; do not inconvenience your admins and do not unduly annoy your users. Just phase them in over a period of time. Those who do not certify or offer proof, etc get placed on the 'u18' machine. Those who do get placed elsewhere. Now we no longer have to worry about 'decency bits' or whatever they called them. You decide which of the web pages on your site should be restricted in the same way you decide which newsgroups will not be carried: a cursory glance through the page at the time it is installed. If it appears *on its face* to have adult content and appeal to an adult audience you require that user to implement an .http-access file. Or maybe you default all web pages at your site in that way and only back them out into a general category on specific request of the web page owner. I hear the objections rolling in already: (1) the web page owners will cheat and not deny access to u18. Of course some will. There are merchants who sell cigarettes to minors knowing good and well the kid is not old enough. There are bartenders who do not bother to check identification. Sometimes they get caught, sometimes not. That's not your problem. You have set the rules for your site; you reserve the right to audit your users and drop those who by their activities jeopardize your site. Hey ... many a sysadmin has dropped a user for spamming and junk-emailing; many times the admin found out about it when a million netters wrote to tell him. It was not called 'censorship' by anyone except the offensive user. Why not try dropping those users who refuse to categorize themselves as 'adult' when such is the case? ***Note I did not say drop those who operate adult web pages; I said drop those who refuse to lock out minors from viewing adult material or who lie to you (the admin) and claim they are not when you find out they are, etc***. Is the goodwill of one user worth having the authorities come down on you and possibly hassle your entire site? I think not. (2) not only will the web page owners cheat, the kids will cheat. See, says Hillary, (and don't take it personally, I am using her as a generic example), I told you there was nothing we could do about it! ... Well gosh then let's drop all the liquor licensing laws and the laws about being of a certain age to smoke or drive a car or drop out of school ... after all, clever, mischevious children will always find work arounds ... a) they'll sign up with false identification ... sure, and kids never use false id to buy beer do they? b) they are too clever! They'll find ways to hack right into the stuff they want to see. Yep, that's right, and its not your problem as long as you took reasonable efforts to prevent it. Some assumptions are being made by me here. One is that *most kids* obey the law. Another is that *most parents* want to see their kids obey the law and will aprreciate having the law to 'back them up' in their own governance of their children. A few parents won't care, and a few kids will cheat. But parents who don't care has never stopped dedicated school teachers from trying to do their best to educate kids, and it should not stop a dedicated sysadmin who generally accepts the community's policy that children should not be exposed to certain things before a certain age, etc. You cannot help what parents do, and you cannot help what kids may do. All you can be responsible for is having your own technical safeguards in place in cooperation with other sites and doing what you can to police the conduct of your own users and visitors to your site. And you see, I've a feeling that *good faith* will go a long way toward creating some good will between the net and groups like FRC. -------------------- Speaking of good faith and good will among people I believe very strongly that none whatsoever has been shown by netters in this matter. At least not by those who have self-appointed themselves as our leaders. Remember Senator Exxon? Way back then ... more than two years ago or so, when all this hullabaloo was first coming up ... the net's response was to protest, to demonstrate, to throw tantrums, to mail bomb everyone involved. We were told to turn our web pages black, all sorts of responses and schemes were devised to 'get even' ... not once did anyone say let's go over and talk to the man and see what it is exactly he wants and try to find some way to appease those people. Why did no one go to Exxon (again, I am using him as a generic example) and say something like this ... "Look, technically what you are asking is very difficult; almost impossible to do while still keeping some semblance of the net as it has always operated. But senator, a lot of us do agree with your basic premise that young kids are getting exposed to a lot of stuff on the net which isn't that wholesome or good for them. None of us who have been around for years on the net ever really concieved of the way it would grow and the kinds of things that would get transmitted over it. None of the protections you are talking about now were ever built into the Internet, and to try and retrofit it now would be very difficult. As you may have heard senator, originally we on the net all operated with trust and a lot of good will; sadly that's been gone from the net for a long time now. "What we can do senator is this: we can pretty easily phase in some of the protections you are looking for. Over a period of two to three years, we should be able to identify parts of the net which are adult in nature and pretty well segregate it from view by young children. There are ways to restrict sites on the net from contacting other sites on the net and instead of trying to identify the adult sites -- because we get into a lot of First Amendment hassles -- we will probably begin moving the kids onto machines which are restricted in the contacts they can establish. We'll ask the adult sites to deny access to machines used by kids, and there will be a lot of peer pressure from within the net commmunity to obtain cooperation. Senator, suppose we use the term 'obscenity' instead of 'indecency' as the cut-off point. It has already been defined, it has no First Amendment protection and it will make this job easier for all of us. You are really trying to mostly target child pornography, aren't you senator? A lot of the people on the net would strongly agree with you on that point. If we could take aim at specific areas that you feel need review instead of just using the broad and poorly-defined term 'indecency' it will wind up saving us a lot of litigation and debate and red-herrings being tossed into the pot as we go along. Now senator, the Unix gurus on the net and the software experts with Netscape and things like that would probably take this seriously and start putting together something that would have the effect of eliminating about 85-90 percent of the problems you perceive *as long as everyone played by the rules*, but there are some things the net can never control. We need the parents to take an active part in this. Computers need to be located in family rooms where the entire family can participate rather than in a child's bedroom where he can sneak into places on the net where he should not be after everyone else in the family is asleep. Parents need to know about the friends their children are making on the net the same as they need to know about adults who have allowed their children to visit their homes. You see senator, the net is getting pretty realistic these days. Some call it a virtual reality. Some say the net is getting to be as dangerous as the rest of the world is in realtime, but a lot of us think the net is just as good and honest and decent as the majority of the population. Some long time, very well respected netters would probably begin promoting a system of 'virtual licensing' for web pages and news groups similar to the sale of alcohol and cigarettes and dirty books in the real world -- where kids are not allowed to be part of it -- as long as they had your word that you would work on the parents. There has to be voluntary cooperation by the kids you know; the best software in the world can put up obstacle courses the same way the police in real life can deter crime to a point; but the citizens have to agree to voluntarily obey. And one other thing senator. A lot of the 'cogs in the wheel' of the net, people like the ISPs, the sysadmins at various sites, the people who assist users at the local level; it will be a lot easier to get their cooperation in this reform of the net -- which many of them agree is needed -- provided they know for sure that enforcement of any laws passed is directed to the end users on both sides; that is the kids at their computer who violate a law pertaining to what they can and cannot access as well as the users who wilfully allow the kids to access the sort of information so many of your constituents have found objectionable. You don't go after the phone company because two users on either end of the wire talk dirty to each other. Well senator, it is a lot the same with ISPs. No, they are not legally common carriers, but for all intents and purposes they are. It really is hard for them to police everything passing through in a day's time. A lot of them will be glad to work along with the rest of the net community on what we are proposing here as long as they are assured they personally are immune to prosecution on stuff passing through their site. They are very defensive right now senator, because they think you are going to 'get personal' with them. So senator, if we put up some obstacle courses making it harder for kids to see stuff that's obscene, can we depend on you to help us publicize it? Can we depend on you to write the law so the ISPs and system admins don't get stuck in the middle everytime some kid figures out a loophole or some crafty pedophile manages to hurt some child? And senator, we will even let you take the the credit for it all. ... everyone will realize that it was through your expert leadership that America's children are a lot safer than they were before. Allow two to three years for the project to be finished senator. There is some software to be written and installed, and a re-alignment of users from one machine to another. In the meantime, maybe your staff could get started on the parents and the kids; get them primed and prepped and understanding how important it is that they follow the new law, etc. " ============================= So instead of the net taking control of this situation from the very beginning when the handwriting was seen on the wall, instead we blew it. Some would say that we catch more flies with honey than we do with vinegar. Others would say that you do not 'fight fire with fire', you fight fire with a fire extinquisher ... And *we* (yes I mean we, the net) could have participated in drafting a law which would have been very favorable to us, or indeed maybe no law would have been written at all. Now instead we have to hope for the best with the developments at hand. If they win, we lose; if we win, we still lose. Because if we win, then they start on the next issue, which I believe will be copyright. This is what I mean by the intellectual dishonesty of the people who led this from the beginning. They knew all they were doing was just screwing up the net ... with their bogus arguments and theories. Very few of you have any business talking about censorship for the same reason I have little business talking about it; I do not own the computer upon which this is published and very few of you have any property rights where the network or your local site is concerned. You are there with the blessings of your corporate employer who will let you talk smart and sassy until he finally gets tired of it and then fires you. Same here ... let's not kid around with censorship. It is true the government witness was just terrible. Very poorly informed, etc. But then instead of presenting an *honest* picture of the net, *our side* (well they did not represent me!) presents this total fabrication of how things work with the end result being that a semi-retired prissy old-maid librarian who helps some child log on to the net only to have the child do a search on Alta Vista and turn up some string with a four letter combination in the middle somewhere considered 'indecent' gets sentenced to life in prison. All the librarians are now frantic. So the soloists of the American Civil Liberties Union assisted by the choir of the American Library Association and others perform this tragic opera for the court. What the judges know about computers could be written on the head of a pin. Being respectful of the First Amendment, they go out of their way to avoid violating it. To John Levine, I agree the way it is written is not very good. So damned if the court approves it and damned if they don't. You are so good at teaching things to Dummies (your book was great by the way), how come you did not get Exxon and his buddies straightened out a couple years ago? Why didn't you counter him; shall we say match his bid and raise it? To Hillary, all I can say is we went through this before, you and I. Get in your system .newsrc file today and go snip-snip here and snip-snip there. Then forget about it. Just do that little bit to help, okay? Patrick Townson ------------------------------ End of TELECOM Digest V16 #657 ******************************