From: kadie@eff.org (Carl M. Kadie)
Subject: Abstract of CAF-News 02.28
Originator: kadie@eff.org
Organization: The Electronic Frontier Foundation
Date: Thu, 10 Sep 1992 18:48:23 GMT

This is an abstract for the most recent "Computers and Academic
Freedom News" (CAF-News). Information about CAF-News follows the
abstract. The full CAF-News is available via anonymous ftp or by
email. For ftp access, do an anonymous ftp to ftp.eff.org
(192.88.144.4). Get file "pub/academic/news/cafv02n28".
The full CAF-News is also available via email. Send email to
archive-server@eff.org. Include the line:

send caf-news cafv02n28

--- begin abstract ---
[Week ending June 14, 1992

========================== KEY ================================
The words after the numbers are a short PARAPHRASES of the
articles, NOT AN OBJECTIVE SUMMARY and not necessarily my opinion.
===============================================================


Note 1 is a repost of a long discussion of the use of "handles" to
provide anonymity online.

1. This article is [a pointer to ftp.eff.org:pub/academic/anonymity,]
   an excerpt from an issue of FIDONEWS
   on individual privacy and the use of handles.  It accepts the need of a
   system operator to know the name of a user; but suggests that the use of a
   handle is analogous to a request to withhold the name in a letter
   to the editor. The article concludes with a set of guidelines for
   preserving the right to be anonymous.
     <92083.072152SOCICOM@auvm.american.edu>


Note 2 is a reprint of a UPI news article from ClariNet in which a US
Judge found artistic expression to be protected speech.  

2.  "A federal judge declared unconstitutional Tuesday the decency
    clause the National Endowment for the Arts used in determining who
    receives grant money, saying it was too vague and overbroad in
    restricting artists' freedom of speech."
    <1992Jun10.040756.10831@m.cs.uiuc.edu>

Note 3 is a list of news groups not carried in the UK because of content.

3.  (A system administrator:) The list of newgroups we cannot carry
    includes alt.sex*, alt.drugs, alt.evil, alt.tasteless and
    rec.arts.erotica.
    <1992Jun08.165434.4998@bas-a.bcc.ac.uk>

Note 4 is a comment on a request by Canadian police for information on
sexually explicit postings from an American anonymous posting service.

4. (A system administrator:)  The police are more concerned with
   stopping it than with charging someone.  It handled correctly, the
   police will gain a better understanding of USENET, and not
   overreact.  A greater concern is that the University administration
   will overreact in response to public pressure.
    <3530@ecicrl.ocunix.on.ca>

Note 5 concerns a Canadian writer who was denied entry into the US
because US officials did not approve of some of his writings.

5.  The writings are freely available in the US. "So you could argue
    that his "right" to freely express his ideas has not been denied
    by the US.  Only his choice of method has been restricted."
    <194@ceylon.gte.com>

Note 6 concerns a speech on the basic elements of a legal system.  The
speech was given by US Supreme Court justice Anthony Kennedy in
Australia.

6. According to Justice Kennedy, the fundamental elements that the law
   and legal system rest are:
   ". that government rested on the consent of the people
    . that government protected a core of personal rights - today
	called human rights 
    . that there must be an enduring structure which guaranteed
	the first two elements 
    . that there be an obligation on each citizen to obey the law
	and to transmit  the rule of law to a subsequent generation."
    <920614170756.20204464@DARWIN.NTU.EDU.AU>


Notes 7-9 concern the legality of searching files owned by users if
violations of system policies are suspected.

7. In the US, the  Electronic Communications Privacy Act may limit
   what a system administrator can and cannot do.  A signed legal
   opinion can prevent a lot of heartache.
    <a6_l62b.nagle@netcom.com>

8. (A system administrator:) 3 times in 5 years I have found a
   "suspicious" executable.  The command "strings" usually gives me
   enough information to confirm or refute that suspicion.
    <1992Jun12.102023.26109@ms.uky.edu>

9. (A professor of computer science:) If in doubt, consult legal
   counsel.  It is my understanding that any search I perform on my
   system at my own initiation is legal.  The results of that search
   can be given to law enforcement agencies, and used in trial. "Note
   that this does not cover evidence that may conflict with the ECPA
   (but if you are the owner/operator of the system doing the search
   to maintain system integrity, you are probably okay), the
   Educational Records Privacy Act (the "Buckley Amendment"), state
   and Federal wiretap laws, and a few other such laws. ...  It is the
   *civil* parts of these acts that may cause the most difficulty."
    <SPAF.92Jun8145034@uther.cs.purdue.EDU>

Note 10 concerns restrictions designed to reduce network traffic by
banning certain types of packets.

10.   When a restriction is leveled against everyone equally and is
      based on resource concerns, it is not a censorship issue.
      According to the backbone statistics, IRC and netnews generate
      almost 11% of the traffic.
      <1992Jun8.95807.8525@ms.uky.edu>

Note 11 concerns an section of the Criminal Code of Canada which bans
"a magazine, periodical or book that exclusively or substantially"
pictorially depicts the commission of a crime.

11. "Under this definition, about 90% of the comic books that exist in
    the world are going to run afoul of this definition.  Even the
    Disney comics are going to get into trouble since one of the main
    themes in any tale concerning Scrooge McDuck is the attempt of
    others to obtain parts of his wealth (theft is a crime!)."
    <1992Jun9.004550.9542@wolves.uucp>


Note 12 discusses how to deal with harassing computer communications.

12. Harassment is intentional, unwanted person-to-person
    communication by any channel.  Explicitly tell the harasser to
    stop communicating with you.  Save copies of all communications.
    If the harassment continues, contact a system administrator,
    university official or the courts.
    <1992Jun11.180712.21660@m.cs.uiuc.edu>

- Paul]



--- end   abstract ---

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Disclaimer: This CAF-News abstract was compiled by a guest editor or a
regular editor (Paul Joslin, Elizabeth M. Reid, Adam C. Gross, Mark C.
Sheehan or Carl M. Kadie). It is not an EFF publication. The views an
editor expresses and editorial decisions he or she makes are his or
her own.

-- 
Carl Kadie -- I do not represent EFF; this is just me.
 =kadie@eff.org, kadie@cs.uiuc.edu =
Newsgroups: alt.comp.acad-freedom.talk