I've just subscribed to this (rather spam-like named - see address below)
newsletter.
However, 95% of it is relevant to present discussions so I'm just forwarding
the whole thing.
The one about hackers is especially scary.
Disposable comment: The newsletter itself is also rather a nice example of
filtering/summary based on faceted classification, lawyers having a slightly
different take on what makes worthy news.
Cheers,
Peter
----- Original Message -----
From: "FindLaw.com" <listadmin@LEGALMINDS.ORG>
To: <DOWNLOADTHIS@LEGALMINDS.ORG>
Sent: Thursday, September 27, 2001 12:30 AM
Subject: [DOWNLOADTHIS] Cyber Law Newsletter with Timothy Walton, Esq. -
Wed., Sep. 26, 2001
> =======================================================================
> FindLaw's DOWNLOAD THIS! http://www.findlaw.com
> A Weekly Newsletter Covering Law and the Internet
> =======================================================================
> September 26, 2001
> Issue # 53
>
> IN THIS ISSUE
>
> * NOTES ON AMERICAN CIVIL LIBERTIES
>
> * NEW AND NOTEWORTHY
> Napster Strikes $26M Deal With NMPA
> Judges Panel OKs Web-Monitoring
> Victoria's Secret Wins In Court
> Microsoft Accuses AOL for Letter
> U.S. Bankruptcy, Civil Case Files To Be Placed Online
>
> * CONFIDENTIAL.EXE
> Firms Said To Trample Own Privacy Rules Post-Attack
> Earthlink Was Willing To Help But Wouldn't Let FBI Search Its Data
>
> * PATENTZ
> Via Sues To Halt Pentium 4
>
> * SCRIPT KIDDIES
> Hackers Face Life Imprisonment Under 'Anti-Terrorism' Act
>
> * CASE SUMMARIES
> Voyeur Dorm, L.C. v. City Of Tampa, Fl (11th Cir.)
> Cable News Network L.P., L.L.L.P. v. CNNews.com (E.D.Va.)
> Burden v. State Of Texas (Tex. Crim. App.)
>
> * FEEDBACK
>
> * SUBSCRIPTION INFORMATION
>
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> -----------------------------------------------------------------------
> NOTES ON AMERICAN CIVIL LIBERTIES -- with Timothy Walton, Esq.
> -----------------------------------------------------------------------
>
> The devastating attack on America has left some people confused about
> the appropriate response. The partial list of links below demonstrates
> that a lot of people are suggesting that the best way to protect freedom
> in America is to give up some of the freedoms guaranteed by the
> Constitution. This would be a huge mistake. The terrorists will have
> won, because they will have succeeded in eliminating some of the very
> things that make this country great.
>
> In the last two weeks, there have been proposals to let the government
> tap our phones, read our email, seize our credit card records without
> court order, and even create a nationwide DNA database of convicted
> felons. Yet since terrorists are unlikely to have a criminal record in
> the US, is this really a move to address the September 11 attacks, or is
> the government attempting to seize an opportunity to exercise more
> control over the citizenry? Furthermore, I don't hear anyone offering a
> plausible explanation of how suspending the Constitution will help in
> the fight against terrorists. Nor do I hear anyone even suggesting that
> curtailing our freedoms protected by the Bill of Rights should be a
> temporary measure.
>
> Take the recent speculation that some suspected terrorists have used
> encryption to communicate. If this leads to the government establishing
> controls over how we communicate, then commerce in America will suffer
> as much or more than the populace. Let's not forget that any affect upon
> individual civil liberties would likely affect (and rely) upon
> businesses. Yet some members of Congress, like Representative Howard
> Coble (R. N.C.) and Senator Judd Gregg (R. N.H.), would rather solve the
> problems of law enforcement by sacrificing the rights of Americans to
> communicate with each other.
>
> Under former U.S. President Clinton, the administration strongly
> supported a requirement that the government use "key escrow" to easily
> decrypt all communication -- in effect, holding a "secret key" to
> encrypted communications in escrow, until it becomes necessary for law
> enforcement to read the communication. If approved, these newly
> proposed requirements would mean that American software companies would
> have to both track supposedly secure communications, and provide
> decryptions of them.
>
> But the burden would not just fall on software companies. All American
> businesses would suffer because trade secrets would become far more
> difficult to keep. Without secure communication, businesses would have
> to stop interacting with one another on the Internet. And for what?
> Presumably because if the government has access to your communications,
> then we will all be safer from terrorist attacks. But this is an
> assumption without evidence.
>
> We need to know more about the benefits of giving up civil liberties
> before we commit to signing any away. Do I really need to spell out the
> harm to Americans if we allow erosion of the principles our forefathers
> took great pains to ensure? How many of the men and women who fought and
> died for this country would want to hear that we sacrificed freedoms
> that have kept us united for over 200 years? Let's not be in a hurry to
> permanently disable our Bill of Rights, or it may turn out we've been
> sold a bill of goods.
>
> FindLaw Special Coverage: America Attacked
> http://news.findlaw.com/legalnews/us/terrorism/index.html
>
> "The Civil Liberties We Need To Keep, And Those We Can Afford To Lose"
> By Julie Hilden
> http://writ.news.findlaw.com/hilden/20010920.html
>
> The U.S. Constitution
> http://supreme.lp.findlaw.com/constitution/index.html
>
> "Bush Submits His Laws for War," Wired News
> http://www.wired.com/news/politics/0,1283,47006,00.html
>
> "Bush Admin To Make Hacking A Terrorist Offence," The Register
> http://www.theregister.co.uk/content/6/21854.html
>
> Disputes on Electronic Message Encryption Take On New Urgency
> The New York Times [free registration and cookies required]
> http://www.nytimes.com/2001/09/25/technology/25CODE.html
>
> "Terrorism Attacks Renew Debate Over Encryption Software," CNN
>
http://www.cnn.com/2001/TECH/industry/09/24/encryption.debate.ap/index.html
>
> "The End Of Liberty," Salon
> http://www.salon.com/tech/feature/2001/09/22/end_of_liberty/index.html
>
> =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= =-=-=-=-\
>
> FindLaw has created an online resource about the September 11th
> terrorist attacks. Included are news reports, terrorism trial
> transcripts, aviation security and terrorism data, FBI and CIA
> documents, links to charities, and a volunteer clearinghouse for
> donations of goods or services to firms affected by the attacks.
> Go to http://news.findlaw.com/legalnews/us/terrorism
>
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> layout. RESEARCH FASTER with MY FindLaw . It's easy and it's FREE!
> http://ad.doubleclick.net/clk;1688484;4709205;r
>
> =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-/
>
> -----------------------------------------------------------------------
> NEW AND NOTEWORTHY http://news.findlaw.com
> -----------------------------------------------------------------------
>
> NAPSTER STRIKES $26M DEAL WITH NMPA
> Edging closer to legitimacy, Napster Inc. on Monday tentatively settled
> a lawsuit filed by music publishers and struck a deal that could lead to
> legal and fee-based song distribution online. Under the proposed
> settlement with the National Music Publishers' Association, Napster will
> pay $26 million for past unauthorized use of music and $10 million down
> payment on future royalties. The deal also sets up terms under which
> songwriters and music publishers can license music to Napster's upcoming
> fee-based service, which is now expected to be launched by the end of
> the year.
>
> Source: Associated Press
> http://news.findlaw.com/ap/ht/1700/9-25-2001/20010925025227700.html
> -----------------------------------------------------------------------
>
> JUDGES PANEL OKS WEB-MONITORING
> Struggling with privacy concerns, a panel that oversees federal judges
> decided Wednesday that jurists and court employees should have some
> Internet activities monitored -- but not their e-mail.
>
> Source: Associated Press
> http://news.findlaw.com/ap/a/w/1154/9-19-2001/20010919215801300.html
>
> Read more details of the Judicial Conference decision [PDF]
> http://news.findlaw.com/cnn/docs/uscourts/judconfeuse91901.pdf
> -----------------------------------------------------------------------
>
> VICTORIA'S SECRET WINS IN COURT
> Victoria's Secret won $120,000 in damages from a company that chose four
> Internet domain names similar to the lingerie company's name. Victoria's
> Cyber Secret, which has not used the domain names online, said they were
> for planned adult entertainment sites starring Playboy Playmate Victoria
> Silvstedt. But Silvstedt told the judge that Victoria's Cyber Secret was
> not authorized to use her name or likeness and that she plans no future
> business dealings with the limited partnership. An Internet arbitration
> forum decided last March that the partnership should transfer the domain
> names to the retailer, but Victoria's Cyber Secret did not comply.
>
> Source: Associated Press
> http://news.findlaw.com/ap/o/1110/9-19-2001/20010919015808700.html
>
> The Arbitration decision
> http://www.arb-forum.com/domains/decisions/96536.htm
> -----------------------------------------------------------------------
>
> MICROSOFT ACCUSES AOL FOR LETTER
> Microsoft accused archrival AOL Time Warner of engineering a letter sent
> on behalf of six states that criticized the soon-to-be-released Windows
> XP operating system. The states, which are not involved in the current
> Microsoft antitrust suit, sent the letter to Microsoft chief executive
> Steve Ballmer this week. The attorney general who signed the letter,
> William Sorrell of Vermont, confirmed that the original draft was
> written by a lobbyist who works for Microsoft critics, but he had no
> apologies... [The letter stated] that Windows XP "may involve additional
> unlawful attempts by Microsoft to maintain its operating system
> monopoly."
>
> Source: Associated Press
> http://news.findlaw.com/ap/ht/1700/9-22-2001/20010922054046630.html
>
> FindLaw's Microsoft Antitrust Litigation Resources
> http://news.findlaw.com/legalnews/lit/microsoft/index.html
> -----------------------------------------------------------------------
>
> U.S. BANKRUPTCY, CIVIL CASE FILES TO BE PLACED ONLINE
> U.S. courts will make civil and bankruptcy court files available on the
> Internet, judicial officials said Wednesday, capping a two-year debate
> about the proper balance between public access and personal privacy. The
> group said criminal files should be left offline for the time being, and
> sensitive personal details like bank account numbers should be left out
> as well. The Judicial Conference of the United States, a group of 27
> judges which sets policy for the federal court system, reached its
> decision by mail vote after a week-long delay due to the attacks on the
> World Trade Center and the Pentagon.
>
> Source: Reuters
> http://news.findlaw.com/legalnews/s/20010919/techprivacyfiles.html
>
> -----------------------------------------------------------------------
> CONFIDENTIAL.EXE
> -----------------------------------------------------------------------
>
> FIRMS SAID TO TRAMPLE OWN PRIVACY RULES POST-ATTACK
> Several Internet service providers and other U.S. companies breached
> their own policies on protecting clients' privacy in response to the
> attacks on the United States, an expert on the issue said Wednesday.
> "I've had more than a dozen companies call to say that they had
> knowingly violated their stated privacy policies to comply with law
> enforcement requests since the attacks," said Larry Ponemon, chief
> executive of Privacy Council, a Dallas, Texas, consulting firm.
>
> Source: Reuters
> http://news.findlaw.com/legalnews/s/20010919/n19114039.html
> -----------------------------------------------------------------------
>
> EARTHLINK WAS WILLING TO HELP BUT WOULDN'T LET FBI SEARCH ITS DATA
> Less than 24 hours after last week's terrorist attacks on New York and
> Washington, FBI agents visited executives in EarthLink's Atlanta
> headquarters. The agents, subpoenas in hand, wanted EarthLink personnel
> to install the FBI's controversial tracking software -- called Carnivore
> -- on the networks the company uses to connect customers to the
> Internet. The agents were looking for electronic clues, trying to
> retrace suspected terrorists' steps in cyberspace. EarthLink, which last
> year battled the FBI in court to keep the "sniffing" software off its
> systems, said no. Instead, the Atlanta-based Internet service provider
> used its own technology to pull records the FBI wanted.
>
> Source: Atlanta Journal-Constitution
> http://www.accessatlanta.com/ajc/terrorism/financial/0919earthlink.html
>
> -----------------------------------------------------------------------
> PATENTZ
> -----------------------------------------------------------------------
>
> VIA SUES TO HALT PENTIUM 4
> Taiwanese chip maker Via Technologies stepped up its legal battle with
> Intel Thursday, filing a lawsuit that seeks to halt sales of Intel's
> flagship Pentium 4 processor. Via and its subsidiary Centaur Technology
> filed suit against Intel in the Federal District Court for the Western
> Division of Texas (Austin Division), where Centaur is based, alleging
> that the Pentium 4 violates a Centaur patent. The lawsuit seeks to stop
> sales of the Pentium 4 and requests that monetary damages be paid to Via
> and Centaur. The action follows a barrage of suits filed in Taiwan
> earlier this month, in which Via alleged that Intel illegally pressured
> motherboard makers not to buy Via's Pentium 4 chipset, and that Intel
> employees destroyed promotional materials--such as balloons--advertising
> the chipset.
>
> Source: ZDNet
> http://www.zdnet.com/zdnn/stories/news/0,4586,2813625,00.html
>
> -----------------------------------------------------------------------
> SCRIPT KIDDIES
> -----------------------------------------------------------------------
>
> HACKERS FACE LIFE IMPRISONMENT UNDER 'ANTI-TERRORISM' ACT
> Hackers, virus-writers and web site defacers would face life
> imprisonment without the possibility of parole under legislation
> proposed by the Bush Administration that would classify most computer
> crimes as acts of terrorism.
>
> Source: SecurityFocus
> http://www.securityfocus.com/news/257
>
> -----------------------------------------------------------------------
> CASE SUMMARIES
> -----------------------------------------------------------------------
>
> VOYEUR DORM, L.C. v. CITY OF TAMPA, FL, No 00-16346 (11th Cir. September
> 21, 2001)
> Tampa City Code 27-523, which regulates adult businesses, applies only
> to locations or premises where adult entertainment is actually offered
> to the public, not where such entertainment can be viewed in other
> locations via the Internet.
>
> To read the full text of this opinion, go to:
> http://laws.lp.findlaw.com/11th/0016346opn.html
> -----------------------------------------------------------------------
>
> CABLE NEWS NETWORK L.P., L.L.L.P. V. CNNEWS.COM, 2001 WL 1111193,
> (E.D.Va. September 18, 2001)
> Judicial disposition of an absent registrant's substantive rights to an
> infringing domain name in an ACPA in rem action does not violate due
> process even where the absent registrant is a Chinese entity that has no
> minimal contacts with any state in the United States and uses the
> infringing domain name in connection with a website that is wholly in
> the Chinese language and directed to persons in China.
>
> [Requires Westlaw subscription or pay-per-document fee]
> http://www.westlaw.com
> -----------------------------------------------------------------------
>
> BURDEN v. STATE OF TEXAS, No 1698-99 (Tex. Crim. App. September 20,
> 2001)
> Where the defendant fails to show a reasonable degree of community
> acceptance of purportedly obscene internet images, the trial court does
> not err in excluding proffered evidence and testimony that the images
> are easily accessible.
>
> To read the full text of this opinion, go to:
> [Copy and paste link into browser]
>
http://caselaw.findlaw.com/scripts/getcase.pl?court=tx&vol=app/169899&invol=
1
>
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