[Hi all, CSL maybe a little slow today -- I have to attend an all day courseentitled 'Dignity at Work -- Harassment and Bullying'; I will pass on the
tricks of how to harass and bully people really effectively later on in the
week if all goes well ... John.]
----------------------------------------------------

-----Original Message-----
From: Chris Chiu [mailto:[log in to unmask]]
Sent: 22 April 2002 21:51
To: GILC announce (E-mail)
Subject: GILC Alert



GILC AlertVolume 6, Issue 3
April 22, 2002

Welcome to the Global Internet Liberty Campaign Newsletter.

Welcome to GILC Alert, the newsletter of the Global Internet Liberty
Campaign. We are an international organization of groups working for
cyber-liberties, who are determined to preserve civil liberties and human
rights on the Internet.
We hope you find this newsletter interesting, and we very much hope that you
will avail yourselves of the action items in future issues.
If you are a part of an organization that would be interested in joining
GILC, please contact us at <[log in to unmask]>.
If you are aware of threats to cyber-liberties that we may not know about,
please contact the GILC members in your country, or contact GILC as a whole.
Please feel free to redistribute this newsletter to appropriate forums.

===============================================
Free expression
[1] Vietnam jails 3 over web articles
[2] US Supreme Court strikes down virtual images ban
[3] European Parliament rejects Net blocking
[4] Cuba reportedly bans computer sales
[5] Spanish LSSI bill provokes Net speech worries
[6] New report warns against Australian Net censor proposal
[7] Controversial crippleware bill finally unveiled
[8] Bahrain gov't censors opposition webpages
[9] New Chinese rules against "sensational" Net reporting
[10] ICANN faces more criticism, lawsuit
[11] Google Scientology weblinks controversy
[12] BT weblinks lawsuit runs into trouble
[13] Swedish newspaper site fined for chatboard comments
[14] Indian gov't plans ID-based web restrictions
[15] Study: most of world's population still offline

Privacy
[16] US gov't holds off regulation of Verichip implant trackers
[17] New Japanese Net tapping case renews privacy fears
[18] Yahoo, Ebay privacy policy moves spark criticism
[19] New Zealand plan would mandate spyware installations
[20] D.I.R.T. spyware endangers Net privacy
[21] US gov't keylogging case ends without disclosure
[22] New Windows Media Player spies on users
[23] Big Brother Awards ceremonies held in UK, US
[24] EFF picks 3 new Pioneer Awards winners

[25] New GILC member: TEA (Hungary)

===============================================
[1] Vietnam arrests 3 over web articles
===============================================
The Vietnamese government recently has detained three people for their
online activities.

Son Hong Pham allegedly wrote and translated various pro-democracy papers
that were then posted on the Information Superhighway. Vietnamese
authorities had initially questioned him on this subject and confiscated
various personal items, including computer equipment and numerous documents.
When the government denied his requests to reclaim his belongings, he posted
an open letter on the Internet to protest their decision. Subsequently,
Vietnamese officials threw him in prison; no trial date has been announced
yet.

Meanwhile, the government is keeping at least two other online dissidents
behind bars. Tran Khue, a scholar and anti-corruption activist, had posted a
letter on the Internet that called on Chinese leader Jiang Zemin to reassess
portions of various Chinese-Vietnamese treaties. He was later placed under
house arrest by Vietnamese authorities, and local police seized a number of
his possessions, including his computer, cell phones and several papers.
Meanwhile, Le Chi Quang, a computer instructor, was accused of passing along
"dangerous information" across borders, and has been sent to a detention
camp in northern Vietnam. This came not long after the online appearance of
"Beware of the Northern Empire"-an essay he wrote that described the
political environment in which the aforementioned treaties were signed.

The arrests have drawn strong protests from free speech advocates. Robert
Menard, the general secretary of Reporters Sans Frontieres (RSF), said that
the arrest of Son Hong Pham, "the third in just over a month, is a callous
confirmation of the Vietnamese authorities' intention to censure freedom of
expression on the Internet." Similar concerns have been expressed by other
groups, including the Committee to Protect Journalists (CPJ-a GILC member),
which has issued a letter condemning the Vietnamese government for its
"efforts to silence individuals who criticize official policies."

An RSF statement regarding the three arrested dissidents is available at
http://www.rsf.fr/article.php3?id_article=1288

The CPJ letter is posted at
http://iso.hrichina.org:8151/iso/news_item.adp?news_id=713

=====================================================
[2] US Supreme Court strikes down virtual images ban
=====================================================
The United States Supreme Court has ruled that a law against computerized
images that are mere figments of the imagination is unconstitutional.

The case involved the so-called Child Pornography Protection Act (CPPA),
which included a strict ban on any image that "appears to be" or "conveys
the impression" of someone under 18 engaged in sexually explicit conduct.
This ban applied even in instances where no model was used and the given
picture was completely fictitious. The CPPA had drawn heavy fire from free
speech advocates, who have argued that law essentially punishes thought.

The Supreme Court agreed with these advocates and ruled that the Act
violated the right to freedom of expression guaranteed under the U.S.
Constitution. In particular, the Court was troubled by the fact that the
CPPA "prohibits speech despite its serious literary, artistic, political, or
scientific value. The statute proscribes the visual depiction of an
idea-that of teenagers engaging in sexual activity-that is a fact of modern
society and has been a theme in art and literature throughout the ages." The
Court suggested that the Act's broad language could cover such works as "a
Renaissance painting depicting a scene from classical mythology," a picture
in a psychology manual, as well as numerous films, including "Traffic,"
"American Beauty" and many adaptations of William Shakespeare's "Romeo and
Juliet". In short, the statute was unconstitutional because it abridged "the
freedom to engage in a substantial amount of lawful speech."

The text of the Court's decision is available under
http://supct.law.cornell.edu/supct/html/00-795.ZO.html

An ACLU press release regarding this case is posted at
http://www.aclu.org/news/2002/n041602a.html

=====================================================
[3] European Parliament rejects Net blocking
=====================================================
European politicians have voted against blocking access to websites as an
effective way to regulate Internet content.

Earlier this month, the European Parliament approved a resolution (460 to 0,
with 3 abstentions) stating that parents and legal guardians should be
primarily responsible for protecting children online. The governing body
also expressed concern over efforts to block user access to various
questionable sites, saying that such moves could fragment cyberspace and
prevent people from being able to view non-controversial online content.

The decision has been met with applause from cyberliberties groups and
industry leaders. Louisa Gosling, president of the European Internet Service
Providers Association, said that her group was "very pleased that the
Parliament has come out strongly against blocking, which is not only a
technically disastrous solution, but also raises significant free speech and
democratic concerns."

Indeed, the EP vote came soon after attempts in several European states to
block offensive Internet content were met with scorn and derision. In
Switzerland, several of the country's biggest Internet service providers
(ISPs) accidentally denied access to websites hosted by a foreign
competitor; ironically, the intended target, a neo-Nazi portal, had already
disappeared from the World Wide Web. Many individuals and organizations,
including the Swiss Internet User Group (SIUG-a GILC member), contended that
the incident was further evidence of how Internet blocking could cause
serious "collateral damage" to freedom of expression online. Meanwhile, in
Germany, the local government of Dusseldorf is trying force ISPs to prevent
users from reaching selected foreign sites. In protest, a coalition of
groups and politicians, including the Chaos Computer Club (CCC-a GILC
member), launched street demonstrations and a petition drive to defend free
speech along the Information Superhighway.

An SIUG press release regarding blocking attempts by Swiss Internet service
providers is posted under
http://www.siug.ch/presse/Presse.20020405.html.en

For more on protests against Dusseldorf Internet blocking initiatives, visit
the CCC website under
http://www.ccc.de/updates/2002/zensurdemoaufruf

Additional information regarding the EP resolution is available via
http://www.euractiv.com/cgi-bin/cgint.exe/565619-364?targ=1&204&OIDN=1503278

Further background information is available from the European Parliament's
website under
http://www2.europarl.eu.int/omk/OM-Europarl?L=EN&PROG=AGENDA&PUBREF=-//EP//T
EXT+AGENDA+20020411-LASTV+0+DOC+SGML+V0//EN&LEVEL=0&SAME_LEVEL=1&NAV=S

See Joris Evers, "European Parliament says no to Web site blocking," IDG
News, April 12, 2002 at
http://www.computerworld.com/cwi/Printer_Friendly_Version/0,1212,NAV47_STO70
115-,00.html

Read Tim Richardson, "Europe elbows Internet content 'blocking'," The
Register (UK), April 11, 2002 at
http://www.theregister.co.uk/content/6/24808.html

For press coverage in German (Deutsch), read Stefan Krempl, "EU-Parlament
gegen Webzensur und Site-Sperrung," Heise Online, April 12, 2002 at
http://www.heise.de/newsticker/data/jk-12.04.02-004/

============================================
[4] Cuba reportedly bans computer sales
============================================
For years, Cuba has limited the ability of its citizens to express
themselves online. Now Cuban authorities have apparently gone a step further
by barring nearly all sales of computers.

While details are still somewhat sketchy, several sources have indicated
that the Cuban government has issued a new directive making it illegal to
sell "computers, offset printer equipment, mimeographs, photocopiers, and
any other mass printing medium, as well as their parts, pieces and
accessories." The ban apparently covers sales to "natural born citizens" as
well as "associations, foundations, civic and nonprofit societies." The
directive reportedly goes on to mention that the Ministry of Internal
Commerce may make exceptions in cases "where the acquisition of this
equipment or parts, pieces and accessories is indispensable."

Cuban government spokespeople have given few straight answers when asked
about the new rule. For example, after a reporter queried whether computer
sales to the public were banned in Cuba, one official responded: "If we
didn't have an embargo, there could be computers for everybody." However,
several observers have suggested that the measure is designed to silence
criticism of Cuba's leaders, especially through the Internet. Marta Roque
from the Cuban Institute of Independent Economists, explained out that the
government "knew that dissidents were buying computers and constructing Web
sites." Even before the ban, individuals in Cuba who wished to speak freely
online had faced numerous obstacles, including access restrictions, blocking
of anti-government websites, surveillance and possible jail sentences.

For further information, visit the Digital Freedom Network (DFN-a GILC
member) website under
http://dfn.org/news/cuba/sales-banned.htm

See Thembi Mutch, "Cuba's PC dilemma," BBC News Online, April 6, 2002 at
http://news.bbc.co.uk/hi/english/sci/tech/newsid_1910000/1910465.stm

Read Julia Scheeres, "Cuba Bans PC Sales to Public," Wired News, March 25,
2002 at
http://www.wired.com/news/print/0,1294,51270,00.html

============================================================
[5] Spanish LSSI bill provokes Net speech worries
============================================================
Many politicians and cyberlibertarians have denounced a Spanish proposal
that they say will seriously erode human rights on the Internet.

The LSSI bill (short for La Ley de Servicios de la Sociedad de la
Informacion y de Comercio electronico) would essentially allow a "competent
administrative authority" within the government to shut down websites
unilaterally--a power that until now required court approval. The proposal's
vague definitions would allow the Spanish officials to close sites for a
wide variety of reasons, including economic factors (i.e. the site's owner
uses the web for profit but don't pay any taxes) and public security
reasons. Spanish government officials already have signaled that they plan
to use these broad powers to control content along the Information
Superhighway.

The bill has drawn heavy fire from opponents based on its potentially
damaging impact on civil liberties (particularly freedom of speech). These
critics have pointed out that although the LSSI proposal includes language
stating that the act will not be used against Constitutionally protected
civil rights, it does not require any specific measures be taken to prevent
possible abuse.

The text of the LSSI bill (in PDF format) is available under
http://www.mcyt.es/asp/becas_y_ayudas/pdf/anteproyecto_Issice.pdf

See "La oposicion denuncia que la Ley de Internet es inconstitucional e
intervencionista," El Pais, April 11, 2002 at
http://www.elpais.es/articulo.html?d_date=20020411&xref=20020411elpepunet_1&
type=Tes&anchor=elpepupor

=============================================================
[6] New report warns against Australian Net censor proposal
=============================================================
A new comparative law study has raised public concern over an Australian
state proposal to restrict Internet content.

The project, which was performed by Electronic Frontiers Australia (EFA-a
GILC member), compared a Net censor bill currently being considered by the
government of New South Wales (NSW) with Internet speech laws in other
countries. The bill would make it a crime to provide online information
deemed unsuitable for children, even if the information was only made
available to adults. The legislation also contained procedural rules
(including a shift in the burden of proof to defendants in Internet cases)
that might lead to harsher treatment of online artists than their offline
counterparts.

After extensive research, EFA was "unable to find any indication that any
country broadly comparable to Australia (in terms of democratic political
systems and cultures) has, or intends to introduce, Internet censorship laws
as restrictive as the provisions of the NSW Bill, nor as restrictive as
existing Commonwealth legislation. While numerous countries have laws of
general application applicable to Internet content such as child pornography
or incitement to racial hatred, they do not prohibit or otherwise restrict
provision of 'matter unsuitable for minors' on the Internet." Moreover, the
report found a great deal of evidence that demonstrated "the ineffectiveness
of national censorship laws to protect children (or adults) on the
Internet."

EFA had initiated the study in response to a request from NSW parliamentary
leaders. According to EFA Executive Director Irene Graham, it is now likely
that the proposal's language will be changed: "We're hoping they decide to
just disappear this bill into the wide blue yonder... but I'd be very
surprised if they don't at least recommend amendments to it."

The EFA report is posted under
http://www.efa.org.au/Issues/Censor/cens3.html

See Kate Mackenzie, "Censor laws 'in their own world'," Australian IT, April
3, 2002 at
http://australianit.news.com.au/articles/0,7204,4063481^15306^^nbv^,00.html

====================================================
[7] Controversial crippleware bill finally unveiled
====================================================
After months of speculation, a United States politician has introduced a
bill that critics say will jeopardize free speech online.

The proposal, submitted by U.S. Senator Ernest Hollings, would force the
installation of copy protection routines within new consumer electronic
products. Under this scheme, within a year of the bill's passage, the U.S.
Federal Communications Commission would start a process to require the
implementation of anti-copying "security system standards." According to
various legal experts, the bill's broad definition of "digital media
devices" could cover a wide variety of hardware items (from high definition
television sets to cellular phones) as well as software. The proposal would
also force interactive computer services to implement such security
standards for any copyright material stored or transmitted through their
networks and ban the sale or trafficking of "nonconforming digital media
devices." Moreover, the bill would essentially make it a crime to "knowingly
remove or alter any standard security technology" or to "knowingly ... make
available to the public any copyrighted material where the security measure
associated with a standard security technology has been removed or altered,
without the authority of the copyright owner." Violators could face jail
time and heavy fines.

The so-called "crippleware" bill (officially titled The Consumer Broadband
and Digital Television Promotion Act) is already receiving a hostile
reception from a variety of groups, ranging from electronics makers to
cyberliberties organizations. One concern is that proposal will not provide
sufficient protection for the ability of individuals to make legitimate use
of copyrighted works; Joe Kraus of DigitalConsumer.org warned that the
proposal "allows Hollywood to pursue a policy of taking away consumers' fair
use rights." In addition, Robin Gross from the Electronic Frontier
Foundation (EFF-a GILC member) argued that the bill "would basically give
Hollywood veto power over the design of new technologies." Several industry
trade groups have also come out against the proposal, including the
Information Technology Association of America and the Business Software
Alliance. These concerns have led at least one politician, U.S. Senator
Patrick Leahy, to express his opposition to the measure. Meanwhile, a nearly
identical bill may soon be introduced in the U.S. House of Representatives.

The text of the Hollings bill is available under
http://www.politechbot.com/docs/cbdtpa/hollings.s2048.032102.html

Read "Net users out to sink anti-piracy bill," Reuters, April 10, 2002 at
http://zdnet.com.com/2102-1106-879629.html

See Brad King, "Slagging Over Sagging CD Sales," Wired News, April 17, 2002
at
http://www.wired.com/news/print/0,1294,51880,00.html

Read Mike Musgrove, "Hollings Proposes Copyright Defense," Washington Post,
March 22, 2002, page E3 at
http://www.washingtonpost.com/wp-dyn/articles/A92-2002Mar21.html

See also Declan McCullagh, "Anti-Copy Bill Slams Coders," Wired News, March
22, 2002 at
http://www.wired.com/news/print/0,1294,51274,00.html

For coverage in German (Deutsch), read Florian Rotzer, "Kopierschutztechnik
in alle digitalen Gerate," Heise Telepolis, March 22, 2002 at
http://www.heise.de/tp/deutsch/special/copy/12147/1.html

==============================================
[8] Bahrain gov't censors opposition webpages
==============================================
Bahrain officials have barred access to a number of websites in advance of
local and national elections.

Reports indicate that the list of targeted groups includes several
organizations, such as the British-based Bahrain Freedom Movement, that are
opposed to the current government regime. Bahrain's Information Minister,
Nabeel Yacoub al-Hamer, stated that while he and fellow government officials
"welcome and are open for criticism, ... we don't accept offences or
inciting sectarian strife." The Ministers' statement was an apparent
reference to the fact that Bahrain's ruling family and the majority of the
kingdom's population come from different religious sects.

The move came as the country prepares for elections within the next few
months. One opposition spokesperson charged that this act of censorship
"stains the good image of Bahrain," and demanded that the ban be lifted.
However, Yacoub al-Hamer has said that the restrictions will stay in place,
at least until the contents of the sites in question are altered.

See "Bahrain blocks opposition websites," BBC News Online, March 26, 2002 at
http://news.bbc.co.uk/hi/english/world/middle_east/newsid_1895000/1895005.st
m

The Bahrain Freedom Movement homepage is located at
http://www.vob.org/

==========================================================
[9] New Chinese rules against "sensational" Net reporting
==========================================================
Authorities in mainland China have issued a new set of legal directives that
may further chill free speech online.

The Chinese government has issued new guidelines that, among other things,
bar press coverage of several issues. Chinese officials discouraged
reporting on such subjects as Taiwan, AIDS outbreaks and racial tensions.
Beijing also warned journalists not to propagate Western perspectives and
values, disclose internal government information, encourage people to sue
ruling party leaders or write sensational articles. The rules were contained
in a report that specifically criticized members of the press for posting
news items on the Information Superhighway.

The commandments represent just the latest in a series of moves by mainland
Chinese authorities to stifle dissent over the Internet. Indeed, the new
regime reiterates some of the points made by past Chinese speech
restrictions. For example, private websites cannot publish "news" about
high-ranking Chinese officials or their families without prior approval from
the government. In addition, all reports on important official policies are
required to use standardized language provided by the state Xinhua news
agency.

Read "Beijing reins in media with new rules," Straits Times, February 25,
2002 at
http://www.asiamedia.ucla.edu/Weekly2002/02.26.2002/China.htm

=========================================
[10] ICANN faces more criticism, lawsuit
=========================================
The organization tasked with running the Internet domain name system is
facing added criticism and even a lawsuit over its inner workings.

Many observers have savaged a decision by the Internet Corporation for
Assigned Names and Numbers (ICANN) not to hold public elections. The
decision was made at a March 2002 meeting in Ghana, where ICANN's Board of
Directors passed a resolution that failed to set a date for a new electoral
cycle. The measure simply suggested that Internet users should
self-organize, without explicitly providing for direct participation in
ICANN decision-making through voting. Moreover, the resolution suggested
that ICANN should be reorganized along the lines of proposals such as the
one espoused by the organization's President, M. Stuart Lynn. Lynn has
pushed a scheme that would, among other things, permanently eliminate ICANN
At-Large public elections. Rob Courtney from the Center for Democracy and
Technology (CDT-a GILC member) said his group "was disappointed and
genuinely disheartened by the board's continued failure to commit itself to
public representation," adding that ICANN had refused "to take what we
thought were relatively reasonable steps to ensure public participation on
the board."

The Lynn proposal, which had been publicly released in late February 2002,
has received particularly strong condemnation from around the world. A
coalition of Japanese non-profit organizations, labor unionists, academics
and reporters issued a joint statement arguing that the scheme "wipes out
all the efforts made over the last couple of years to realize a global
democracy on ICANN issues." European domain name registrars have also
expressed their vehement disapproval of the plan. In addition, several
ranking United States Congressmen issued a letter charging that proposals
such as the Lynn plan "will make ICANN even less democratic, open, and
accountable than it is today," and that ICANN management should not be
allowed "to retreat on any future prospects for open, democratic, private
sector-led management of certain limited technical Internet functions." The
U.S. Congress now plans to hold oversight hearings on this subject.

Meanwhile, ICANN is being sued by one of its own publicly elected Board
members. Karl Auerbach, who is being represented in this action by the
Electronic Frontier Foundation (EFF-a GILC member), alleges that the domain
management body has violated California laws, as well as its own rules, by
restricting his access to ICANN corporate records.

An EFF press release on the Auerbach lawsuit is available under
http://www.eff.org/Infra/DNS_control/ICANN_IANA_IAHC/Auerbach_v_ICANN/200203
18_eff_icann_pr.html

See "Net body sued by own official," BBC News Online, March 20, 2002 at
http://news.bbc.co.uk/hi/english/sci/tech/newsid_1880000/1880813.stm

The text of the aforementioned ICANN resolution is posted at
http://www.icann.org/minutes/prelim-report-14mar02.htm#ALSCReportandAtLarge

Read David McGuire, "Lawmakers Criticize Net Governance Restructuring Plan,"
Newsbytes, March 14, 2002 at
http://www.newsbytes.com/news/02/175224.html

See also Declan McCullagh, "Congress to Enter ICANN Fray," Wired News, March
14, 2002 at
http://www.wired.com/news/print/0,1294,51041,00.html

The Japanese statement opposing the Lynn proposal is available under
http://www.jca.apc.org/jca-net/board/docs/icann/2002-03/index-j.html

For German (Deutsch) coverage of protests from European domain registries
against the Lynn proposal, see "RIPE an ICANN: Selbstverwaltung ist
machbar," Heise Online, March 4, 2002 at
http://www.heise.de/newsticker/data/jk-04.03.02-005/



==============================================
[11] Google Scientology weblinks controversy
==============================================
Faced with legal threats, one of the world's most popular Internet search
engines took down, then partially restored links to a website that protests
a controversial religious organization.

The site in question, Xenu.net contains materials that criticize the Church
of Scientology.  A lawyer representing the Scientologists sent a letter to
Google claiming that Xenu.net's activities violated the United States
Digital Millennium Copyright Act (DMCA) and demanded that the search engine
remove any links to the site. At first, Google complied with the Church's
demand and deleted links to numerous Xenu-related webpages. However, at
least some of the Xenu.net listings reappeared on Google several days later.


Free speech advocates have expressed concern over this apparent attempt to
silence online criticism through claims of copyright infringement. Robin
Gross from the Electronic Frontier Foundation (EFF-a GILC member) noted that
the Google controversy was not the first time this had happened: "A lot of
the cases using copyright to quell critics are Church of Scientology cases."

For the latest details, see David McGuire, "Google Provides Scientology
Warnings To Free Speech Site," Newsbytes, April 12, 2002 at
http://www.newsbytes.com/news/02/175863.html

Read "Google restores Scientology links," Reuters, March 22, 2002 at
http://zdnet.com.com/2102-1105-866574.html

See Declan McCullagh, "Google Yanks Anti-Church Sites," Wired News, March
21, 2002 at
http://www.wired.com/news/print/0,1294,51233,00.html

For coverage in German (Deutsch), see "Google hat Scientology-Kritiker
wieder im Index," Heise Online, March 22, 2002 at
http://www.heise.de/newsticker/data/jo-22.03.02-000/

======================================================
[12] BT weblinks lawsuit runs into trouble
======================================================
An attempt by a major British conglomerate to establish intellectual
property rights over all weblinks has hit a serious snag.

A Federal judge in the United States has issued a preliminary ruling that
casts doubt on whether a British Telecom (BT) patent covers Internet linking
technology. BT alleged that it possessed intellectual property rights over
all weblinks, based on a patent it filed nearly thirty years ago. The
communications giant is now attempting to collect licensing fees from
American Internet service provider Prodigy. BT hopes that, pending a
successful outcome in this case, it will be able launch more lawsuits in the
hopes of amassing additional royalties.

However, Judge Colleen McMahon expressed misgivings about many of BT's
arguments. For example, portions of her ruling suggest that BT's patent
actually applies to centralized computer systems, rather than decentralized
networks such as the Internet: "In this patent, the computer is a single
device, in one location. It is referred to as 'central' because it is
connected to numerous physically separate stations, called 'remote
terminals,' by the telephone lines of a telephone network. So there is a
computer, connected to many remote terminals."

Read Matt Loney, "BT hit with ruling in patent case," CNet News, March 14,
2002 at
http://news.com.com/2100-1033-860407.html

The text of BT's patent is posted under
http://164.195.100.11/netacgi/nph-Parser?Sect1=PTO1&Sect2=HITOFF&d=PALL&p=1&
u=/netahtml/srchnum.htm&r=1&f=G&l=50&s1='4873662'.WKU.&OS=PN/4873662&RS=PN/4
873662

========================================================
[13] Swedish newspaper site fined for chatboard comments
========================================================
A court ruling against Sweden's largest newspaper may have serious
implications on Internet free speech.

AftonBladet republishes many articles from its print edition on its website.
The site includes a chatboard feature allowing readers to post their own
comments online. In October 2000, four user comments were posted to an
AftonBladet chat area on the Middle East that allegedly contained neo-Nazi
sentiments. Although the comments were quickly removed, a Swedish court
nevertheless held the newspaper liable for violating national laws against
hate speech, and fined the site's editor, Kalle Jungkvist.

A number of experts are worried that the verdict may have a detrimental
impact on freedom of expression through the Information Superhighway.
Specifically, the ruling sets a precedent allowing website operators to be
punished for speech activities over which they have little or no control.
Indeed, some observers believe that the decision will force unmoderated
online chat areas, at least in Sweden, to shutdown for fear of liability.

Read Drew Cullen, "It's bloody hard to run a forum," The Register (UK),
March 8, 2002 at
http://www.theregister.co.uk/content/6/24352.html

========================================================
[14] Indian gov't plans ID-based web restrictions
========================================================
Want to surf the web? Please show us your ID card first.

That's apparently the approach being suggested by a committee in India. The
panel, which was created by the Mumbai High Court, has recommended a series
of measures to prevent the viewing of controversial content. These measures
include forcing cybercafe customers to show photo identification cards and
retaining personal information about them. The committee also is urging such
establishments to track their users' online activities, so that law
enforcement agents can hunt them down. These recommendations could be
adopted by the High Court within a month or so.

Opponents of the proposal fear that ordinary Internet users will be
intimidated from participating in online discussions. One cybercafe owner
complained that, should the panel's recommendations be implemented, "[e]ven
those who want to just check their mails will think twice before entering my
cafe. Nobody wants to share his personal details or telephone numbers with
some stranger in a cafe."

See Manu Joseph, "Cafi Owners or Porn Police," Wired News, February 25, 2002
at
http://www.wired.com/news/print/0,1294,50615,00.html

============================================================
[15] Study: most of world's population still offline
============================================================
Recent estimates suggest that less than ten percent of the world's
population can log on to the Information Superhighway.

According to a survey by Nielsen NetRatings, approximately 500 million
people worldwide have home Internet access. While this represents an
increase from several months ago, it pales in comparison to the total number
of people living on the planet, which stands at over 6 billion, according to
United Nations estimates.

The same survey also indicated that the level of Internet penetration varies
greatly from region to region. The number of Internet users in Canada and
the United States together (over 191 million) still exceeds the number of
users in Europe, the Middle East and Africa combined (around 134 million).
Other geographical areas are even further behind; despite recent surges,
Latin America's Internet population currently stands at a mere 20 million
people.

Read Dick Kelsey, "Global Net Population At Half-Billion - NetRatings,"
Newsbytes, March 6, 2002 at
http://www.newsbytes.com/news/02/175008.html

For more information from the United Nations concerning world populations
statistics, click
http://www.un.org/popin/functional/population.html

================================================================
[16] US gov't holds off regulation of Verichip implant trackers
================================================================
A controversial biometric device that may allow children to be tracked via
the Internet is one step closer to implementation.

The United States Food and Drug Administration (FDA) has decided for the
time being not to regulate Verichip. This device, manufactured by Applied
Digital Systems (ADS), can carry individualized data (such as a person's
name, current condition, medical records and unique identification number)
and is designed to be imbedded under a person's skin. When a special
external scanner is pointed at a Verichip, "a number is displayed by the
scanner" and the stored information is transmitted "via telephone or
Internet." The company is marketing its product for such purposes as
"identification, various law enforcement and defense uses and search and
rescue." ADS hopes to begin testing the device on a U.S. family, including a
14-year-old boy.

The FDA said that ADS does not need its approval to being implanting
Verichips, so long as they are used for identification purposes. The FDA
suggested that it might step in pending future developments; one agency
spokesperson explained that "if they put medical records in, we would be
concerned about the use." ADS now plans to issue Verichips that only contain
identification numbers-a move that may still have serious privacy
implications (such as the possible use of such numbers to collect and access
massive personal information databases concerning affected individuals). Nor
did the FDA specifically address concerns from several experts as to the
practicality of the entire scheme.

See "US accepts 'Big Brother' chip implant," BBC News Online, April 4, 2002
at
http://news.bbc.co.uk/hi/english/business/newsid_1911000/1911911.stm

See also "Company to Sell Implantable Chip," Associated Press, April 4, 2002
at
http://abcnews.go.com/wire/Business/ap20020404_1210.html

===========================================================
[17] New Japanese Net tapping case renews privacy fears
===========================================================
A new case has heightened public doubts over a relatively new Japanese
wiretapping law.

Enacted in August 2000, the statute allowed Japanese law enforcement
officials to intercept various forms of communication, including private
email messages. The law was highly controversial due to its apparently
detrimental impact on individual privacy as well as its lack of procedural
safeguards against abuse. Indeed, privacy advocates noted that the measure
contained no restrictions on the use of these records for database purposes
and no real restriction on the types of devices can be used for wiretapping
(which some experts say will allow the unchecked use of unnecessarily
intrusive surveillance tools).

Recently, the Japanese Metropolitan Police Department brought a case that
highlighted the government's first use of the powers granted to it under the
Wiretapping law. Japanese authorities intercepted mobile phone conversations
and gained access to messages stored on a particular website as part of a
criminal drug investigation. However, Japanese privacy groups have
criticized this move for a variety of reasons, including the fact that
wiretapping was not actually necessary in this particular instance.
Moreover, these organizations have expressed disapproval over the
government's use of surveillance for comparatively minor offenses, rather
than exercising greater discretion and reserving such invasive powers for
more serious crimes.

Read "Controversial wiretapping law nets first victims," Mainichi Shimbun,
March 30, 2002 at
http://mdn.mainichi.co.jp/news/archive/200203/30/index.html

See "Wiretaps lead to first arrests," Asahi Shimbun, April 1, 2002 at
http://www.asahi.com/english/national/K2002040100234.html

For further information on Japanese government Internet spying devices,
click
http://www.jca.apc.org/privacy/wiretap-mbox/

============================================================
[18] Yahoo, Ebay privacy policy moves spark criticism
============================================================
Attempts by several major Internet companies to alter the way they handle
personal information have drawn fire from consumer advocates.

For example, Internet portal giant Yahoo has revised its privacy policy,
making it easier for the firm to give out customer data. Under these
changes, among other things, Yahoo could give up personal information if it
is bought out by another business; such information would be handled under
the buyer's data handling rules, whatever those rules may be. In addition,
Yahoo now is automatically assuming that its users want advertising from the
company's many divisions; customers have 60 days to say otherwise.

Yahoo's changes come not long after Ebay tried to alter its main privacy
policy. The redrafted statement would have permitted the company to overrule
privacy statements it made elsewhere, even on other parts of the website
("If there is a conflict between the terms and conditions in this privacy
policy and other privacy representations that may appear on our site ... you
agree that the terms and conditions of this privacy policy shall control.").
A number of privacy experts raised red flags over the amendment; Jason
Catlett of Junkbusters complained: "It's unfair of companies to put up rosy
pictures of their privacy practices in one place or in their PR materials,
and then disclaim them in their fine print. This would have eroded consumer
rights." Since then, Ebay has further revised the document, telling users to
refer to its main privacy statement if they have any questions as to the
company's personal data practices.

Meanwhile, a recent study indicates that the failure of corporations to
provide sufficient protection for individual privacy is having a significant
negative economic impact. The report, entitled "Privacy, Consumers, and
Costs," suggests that "Internet retail sales lost due to privacy concerns
may be as much as [U.S.] $18 billion. ... The privacy toll includes costs
associated with higher prices, stopping junk mail and telemarketing calls,
avoiding identity theft and protecting privacy on the Internet.  A privacy
sensitive family could spend between $200 and $300 and many hours annually
to protect their privacy." The document goes on to suggest that "privacy
cost studies sponsored by the business community suffer from a variety of
defects," and that the "absence of privacy rules imposes expenses on
businesses that many industry-sponsored studies ignore when calculating the
costs of privacy."

Read Michelle Delio, "Yahoo's 'Opt-Out' Angers Users," Wired News, April 2,
2002 at
http://www.wired.com/news/print/0,1294,51461,00.html

See Jim Hu, "Yahoo revises privacy policy," CNet News, March 28, 2002 at
http://news.com.com/2100-1023-870270.html

For information in German (Deutsch), read "Unerwunschte Anrufe von Yahoo!?"
Spiegel Online, April 3, 2002 at
http://www.spiegel.de/netzwelt/politik/0,1518,190058,00.html

Read Michael Bartlett, "Ebay Backs Down On Privacy Policy Clause," March 20,
2002 at
http://www.newsbytes.com/news/02/175359.html

See also "EBay backs down on privacy charges," Associated Press, March 20,
2002 at
http://australianit.news.com.au/articles/0,7204,3986889%5E15318%5E%5Enbv%5E,
00.html

"Privacy, Consumers, and Costs" is posted at
http://www.epic.org/reports/dmfprivacy.html

============================================================
[19] New Zealand plan would mandate spyware installations
============================================================
The government of New Zealand is drafting a proposal to force the
installation of surveillance devices into computer networks.

The exact language of the Telecommunications (Interception Capability) Bill
has yet to be revealed. However, it will apparently force Internet service
providers and other telecom companies to make their systems
"interception-capable." The scheme would make it easier for government
agents (such as the police, the New Zealand Security Intelligence Service
and the Government Communications Security Bureau) to capture private emails
and voice messages. Assuming the bill is approved, these standards would
have to be implemented within a time window of 18 months to 5 years.

New Zealand Associate Minister of Justice Paul Swain claimed that the new
legislation would bring his country "into line with legal requirements
already in place in a number of different countries including the United
States." Indeed, the general outlines of the bill bear a certain resemblance
to the controversial U.S. Communications Assistance for Law Enforcement Act,
which has been savaged by many privacy advocates.

Read Adam Creed, "New Zealand 'Interception' Laws To Cover ISPs," Newsbytes,
March 21, 2002 at
http://www.newsbytes.com/news/02/175371.html

See Kate Mackenzie, "ISPs forced to spy on email," Australian IT, March 22,
2002 at
http://australianit.news.com.au/articles/0,7204,3999829%5E15306%5E%5Enbv%5E,
00.html

For further background on CALEA, visit the Electronic Privacy Information
Center (EPIC-a GILC member) website under
http://www.epic.org/privacy/wiretap/

============================================================
[20] DIRT spyware endangers Net privacy
============================================================
Several documents have appeared regarding a secretive program that utilizes
computer viruses to help spy on Internet users.

According to these documents, the Data Interception by Remote Transmission
system (DIRT) works by sending the targeted person a virus that is hidden
within an innocent-looking file, such as a Microsoft Word document or Excel
spreadsheet. Once the virus enters the person's computer, it quietly
monitors all keystrokes and transmits the information back to the attacker
via email. The system has apparently been offered to several government
agencies, including authorities in Ukraine, Egypt and the United States.

The program is apparently similar to several other surveillance tools that
are currently being developed. A couple months ago, the U.S. government
confirmed that it was in the process of creating a new Magic Lantern
Internet spy system that worked in virtually the same fashion as DIRT.
Revelations about Magic Lantern have caused concern among politicians and
cyberliberties experts over the device's potential impact on individual
privacy.

See Thomas C. Greene, "Super DIRT Trojan to infect indiscriminately," The
Register (UK), March 18, 2002 at
http://www.theregister.co.uk/content/55/24461.html

Read Kevin Poulsen, "D.I.R.T. Spyware Exposed on Web," Security Focus, March
14, 2002 at
http://online.securityfocus.com/news/354

For more on Magic Lantern, read Robert MacMillan, "Lawmaker Wants Magic
Lantern Information From FBI," Newsbytes, January 14, 2002 at
http://www.newsbytes.com/news/02/173637.html

===========================================================
[21] US gov't keylogging case ends without disclosure
============================================================
The end of a closely watched case that involved a secret United States
government surveillance technique has left many questions unanswered.

Nicodemo Scarfo is an alleged mobster who was targeted by the U.S. Federal
Bureau of Investigations (FBI) for wiretapping purposes. FBI agents decided
to go beyond traditional surveillance methods and installed a device on the
keyboard of Scarfo's home computer that apparently recorded every letter and
character he typed. The exact nature and capabilities of these taps is
unclear; at the behest of the presiding judge, the government provided the
defense with only an unclassified summary of the keylogging method. The
court later held that the government had broken no laws in using this
technique, and refused to suppress any evidence gathered through its use.
Eventually, Scarfo pled guilty as part of an arrangement with Federal
authorities and no further information about the keylogging system were
released.

David Sobel from the Electronic Privacy Information Center (EPIC-a GILC
member) warned that the Scarfo episode "gave us the first glimpse of very
sophisticated government investigative techniques that are likely to become
more common. Increasingly, the courts are going to be confronted with the
privacy and constitutional issues raised by the use of these advanced new
techniques. What the Scarfo case shows is that the techniques are going to
be classified, which makes a full examination of how they work much more
difficult."

Further information on this case is available from the EPIC website under
http://www.epic.org/crypto/scarfo.html

Read "Plea turns legal heat off PC surveillance," Reuters, February 28, 2002
at
http://news.com.com/2100-1023-848173.html


==============================================
[22] New Windows Media Player spies on users
==============================================
Recent research suggests that the newest version of Microsoft's Media Player
logs information about its users' playing habits and transmits the data to
the company's headquarters.

Security expert Richard M. Smith documented this tracking routine.
Previously, he had discovered that early versions of Windows Media Player
could send out unique digital identification markers over the Internet.
Further investigations revealed that the latest edition, version 8, sends an
analogous marker to Microsoft's website whenever a given user tries to read
DVD chapter information on the person's computer. Microsoft then provides
information on the particular DVD chapter and notes this in a log file
stored on the user's machine. The corresponding Microsoft privacy policy
does not mention this specific practice, although it does allude to a
similar scheme regarding compact discs.

It is unclear whether this collection of data is illegal. Smith pointed out
that the "Video Privacy Protection Act of the United States prevents video
rental stores from using movie titles for direct marketing purposes. The
letter of this law does not apply to Microsoft because they are not a video
rental store. However, clearly the spirit of the law is that companies
should not be using movie title information for marketing purposes." A
Microsoft spokesperson has since claimed: "No personally identifying
information is ever transferred to Microsoft as a result of DVD playback,
and any information that is transferred cannot be combined with any other
sources of information to identify users."

See Steven Bonisteel, "Privacy Watchdog Says Windows XP Software Logs DVD
Play," Newsbytes, February 21, 2002 at
http://www.newsbytes.com/news/02/174673.html

See also D. Ian Hopper, "Windows spies on musical taste," Associated Press,
February 21, 2002 at
http://australianit.news.com.au/articles/0,7204,3816902%5E15321%5E%5Enbv%5E,
00.html

=====================================================
[23] Big Brother Awards ceremonies held in UK, US
=====================================================
Privacy International (PI-a GILC member) recently held its Big Brother
Awards in Britain and the United States. These prizes are designed to
publicize some of the most serious threats to individual privacy. Simon
Davies, the groups' leader, commented: "During the judging process, it has
become clear that government agencies and companies have stooped to an
all-time low in the wilful violation of our privacy. We have been almost
overwhelmed this year by a flood of new entries, many of which involve
technologies and techniques that are beyond the control of law, and outside
of the comprehension of policy makers."

United Kingdom winners included a proposal by the British National Criminal
Intelligence Service to retain all user communications data (deemed the Most
Appalling Project). A scheme to force the nationwide adoption of citizen
identification cards (complete with a massive personal data sharing system)
was branded a Lifetime Menace. The Norwich Union insurance company garnered
a Most Invasive Organisation Award for a project designed to follow vehicles
using satellites, while the Most Heinous Government Organisation, the
British Department for Education and Skills, had created a special system to
track students. Finally, British Cabinet Secretary Sir Richard Wilson was
labeled the Worst Public Servant for "his long standing commitment to
opposing freedom of information, data protection and ministerial
accountability." On the other hand, five Winstons were given out to
defenders of individual privacy, including included Ilka Schroeder for her
efforts to expose the global communications surveillance network known as
ECHELON.

Meanwhile, the United States government received the lion's share of this
year's American Big Brother awards, including Most Invasive Proposal (for
the Expanded Computer Assisted Passenger Screening Program's plan to profile
and spy on travelers), Worst Public Official (to Attorney General John
Ashcroft for attacking privacy and freedom of information) and Lifetime
Menace (to Admiral John Poindexter and the new Office of Information
Awareness). Oracle CEO Larry Ellison won an Orwell as the Greatest Corporate
Invader for pushing a National ID Card plan using his software. The list of
Brandeis recipients (for their support of privacy rights) included
California state senator Jackie Speier, Warren Leach and the editorial page
of the San Francisco Chronicle.

The Big Brother Awards UK 2002 homepage is located under
http://www.privacyinternational.org/bigbrother/uk2002/

See "Net monitoring scheme under fire," BBC News Online, March 4, 2002 at
http://news.bbc.co.uk/hi/english/sci/tech/newsid_1854000/1854367.stm

Read Matt Loney, "Big Brother Awards highlight digital privacy threats,"
ZDNet UK, March 5, 2002 at
http://news.zdnet.co.uk/story/0,,t269-s2105551,00.html

For coverage in German (Deutsch), read Manu Luksch, "Big Brother Awards UK
2002," Heise Telepolis, March 7, 2002 at
http://www.heise.de/tp/deutsch/inhalt/te/12024/1.html

The Big Brother Awards US 2002 homepage is located under
http://www.privacyinternational.org/bigbrother/us2002/

See "The 'Big Brother' Awards," CBS News, April 19, 2002 at
http://www.cbsnews.com/stories/2002/04/19/tech/printable506707.shtml

================================================
[24] EFF picks 3 new Pioneer Awards winners
================================================
The Electronic Frontier Foundation (EFF-a GILC member) recently chose its
newest Pioneer Awards laureates. These awards are given out each to
"individuals who have made significant and influential contributions to the
development of computer-mediated communications or to the empowerment of
individuals in using computers and the Internet."

The winners for 2002 are Dan Gilmore, Beth Givens and Jon Johansen. Mr.
Gilmore writes for the San Jose Mercury News and has been commended for his
ability "to spot a story and begin to cover it weeks before other reporters
see its importance" while explaining "the intricacies of the complex and
often esoteric conflicts facing cyberspace today." Ms. Givens is "the
founder and director of the Privacy Rights Clearinghouse, a nonprofit
advocacy, research, and consumer education program," which "maintains a
complaint/information hotline on informational privacy issues - the only one
of its kind in the country - and publishes a series of guides on a variety
of informational privacy issues." Jon Johansen wrote DeCSS-a program
designed to help Linux users play DVDs on their computers; the program has
since become the focus of several high-profile Internet free speech cases.

Further information is available from the EFF website under
http://www.eff.org/awards/20020411_eff_pioneer_pr.html

====================================
[25] New GILC member: TEA (Hungary)
====================================
The Global Internet Liberty Campaign recently welcomed a new member into the
fold: TEA (Technika az Emberert Alapitvany-Technology for People Group).
Founded in January 2001, this Hungarian organization has worked to raise
public awareness regarding online privacy issues. Among other things, it
publishes a weekly Hungarian-language privacy newsletter and sponsored the
first-ever Hungarian Big Brother Awards. It is currently planning a
scientific study of privacy problems in Eastern Europe.

For more information on TEA's activities, click
http://hu.bigbrotherawards.org/sum.htm

=========================================================
        ABOUT THE GILC NEWS ALERT:
========================================================= The GILC News
Alert is the newsletter of the Global Internet Liberty
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To alert members about threats to cyber liberties, please contact members
from your country or send a message to the general GILC address.

To submit information about upcoming events, new activist tools and news
stories, contact:

Christopher Chiu
GILC Coordinator
American Civil Liberties Union
125 Broad Street, 17th Floor
New York, New York 10004
USA

Or email:
[log in to unmask]

More information about GILC members and news is available at
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