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Clips August 16, 2002



Clips August 16, 2002

ARTICLES

Justice puts limits on TIPS
NIPC seeks cyberalert support
Cyber Corps funding boosted
Energy turns on link to Internet2
Miller joins Homeland transition
Web security is hit-or-miss at local level
Senator asks OMB to tackle problem of missing government computers
Sleuths Invade Military PCs With Ease
Audit Shows More PCs At the IRS Are Missing
Computer Programmers Rally for Bill
FBI agent charged with hacking
Firms push for homeland-security work
Talk City users upset by site's shuttering
Internet Address Retailers Join Debate Over ICANN Future
U.S. Aiding Asia-Pacific Anti-Cybercrime Efforts
Airlines, FAA turn to Web for security, flight planning
Steering wheel TV installers under scrutiny
E-mail becoming crime's new smoking gun
Japanese embrace inexpensive Net phone calls
Navy taps private industry for new defense technology
The Trouble with Software Patches
Microsoft to change Passport privacy statements as part of legal settlement
Anti-spam system launched
Norton Antivirus Tackles Instant Messaging

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Federal Computer Week
Justice puts limits on TIPS

The telephone installer won't be using the terrorism TIPS hot line to report what he sees in your house after all. And the mailman won't e-mail messages about you to the FBI.

Operation TIPS will go on, but without help from tens of thousands of workers whose jobs give them access to homes and private property, the Justice Department has decided.

The department's Bureau of Justice Assistance plans to give $800,000 to the National White Collar Crime Center (www.nw3c.org) to set up an Internet-based system and a telephone hot line that workers in certain industries can use to report activity or incidents that might indicate terrorist activity.

The National White Collar Crime Center, a nonprofit organization, plans to establish a system that automatically forwards information from callers and e-mailers to local, state and federal law enforcement agencies, the Justice Department reports. Data will not be stored in a central government database, Attorney General John Ashcroft has said.

Initially, the Justice Department hoped to enlist a broad range of workers in the TIPS program, including letter carriers, utility workers, cable TV installers and others whose jobs regularly take them into communities.

But an outcry over the idea of enlisting service workers to spy in American homes prompted the department to narrow its army of informants. Participation in the program now will be limited to workers in the transportation, trucking, shipping, maritime and mass transit industries, and they are to report only what they observe in public places, the Justice Department announced.

"It's a relief that utility workers or letter carriers will not be recruited to snoop on private activity in our homes," said Rachel King, a legislative counsel for the American Civil Liberties Union. But it's "still troubling that armies of truckers, dockworkers and railway personnel untrained in the demands of our civil liberties will be enlisted to snoop," King said. "America should never be a place where citizen is pitted against citizen."

Justice Department officials have said that the incident reporting hot line and Web site could help police across the country "connect the dots" during a terrorist attack by alerting police to separate terrorist strikes occurring in multiple locations.

The National White Collar Crime Center was hired by the Justice Department immediately after the terrorist attacks of Sept. 11 to operate a Web page (https://www.ifccfbi.gov/complaint/terrorist.asp) where the public can report information related to terrorist activity to the FBI. The page has received more than 200,000 tips.
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Federal Computer Week
NIPC seeks cyberalert support


The National Infrastructure Protection Center this week issued a request for quotations to get contractor support for its Analysis and Warning Section the group that provides cybersecurity alerts and advice to the public and private sectors.

The statement of work outlines several requirements the NIPC is looking for a contractor to fill, including:

* Supporting the center's ability to identify and predict security threats and trends.

* Performing analysis and assessment of threat information.

* Providing historical incident data.

* Distributing the information to partners and the general public.

The General Accounting Office and many outside organizations have criticized the NIPC for its slow response time to potential and immediate threats. During the past year, the center has formed many partnerships with information-sharing organizations created in the public and private sectors.

The NIPC resides within the FBI, and although it is an interagency group, it is staffed mainly by FBI agents and personnel. Under a Bush administration proposal, the center will become part of the proposed Homeland Security Department's information analysis and infrastructure protection function.

The General Services Administration's Federal Computer Incident Response Center is another group that would move into that function. FedCIRC provides analysis and warnings specifically for federal civilian agencies and last year signed a support contract with Global Integrity, a security services provider.
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Federal Computer Week
Cyber Corps funding boosted


The government's Scholarship for Service program is getting an infusion of new money, thanks to the supplemental funding bill signed by President Bush Aug. 2.

The supplemental included $19.3 million for the program, which offers scholarships to undergraduate and graduate students studying information assurance in exchange for two years of government service in the federal Cyber Corps. The program also funds capacity building programs.

About $8 million of the $19.3 million will go toward expanding the program to four new schools, said Ernest McDuffie, program director for the Scholarship for Service program at the National Science Foundation, which runs the program.

The four schools, which have not yet been named, will be added to the 11 institutions that now participate in the scholarship program. They will be chosen from a list of "highly ranked proposals" that have been submitted but were not previously funded because of lack of money, McDuffie said.

The remaining money will be used to help the schools already involved in the scholarship program increase the number of students that can participate, McDuffie said.

The extra funding will help double the size of the scholarship program, from more than 100 students within the next six months to 200 to 300 students within the next two to three years, McDuffie said.

Preston Gillmore, a Scholarship for Service graduate student at the University of Tulsa, said the plan to expand the program is a wise one because "there are not enough trained network security professionals available for either the public or private sectors."

However, program officials should "allow the schools to continue to expand their programs to create more information assurance instructors and to adequately compensate their existing instructors," so that the program can handle the increase in students, he said.
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Federal Computer Week
Energy turns on link to Internet2


The Energy Department's Oak Ridge National Laboratory officially threw the switch Aug. 14 to connect part of the federal government's next-generation Internet initiative to the university-run Internet2.

The high-speed network connection from the Energy Sciences Network, or ESnet, will transmit data between the lab and universities on the Southern Crossroads network at up to 20 times faster than a typical Internet connection. This means that files that previously took hours to download, could take only seconds, according to officials from Oak Ridge.

The ESnet connection will be made through the Chattanooga, Tenn., "offramp" created by Oak Ridge and IBM Corp. last year.

ESnet, which is supported by Qwest Communications International Inc., is one of several high-performance research networks across government included in the Next Generation Internet program, now called the Large Scale Networking program. Other networks, supported by other vendors, are run by agencies including NASA, the Defense Department and the National Science Foundation.

The high-speed Internet backbone is necessary for many scientific research initiatives that transmit huge data, voice and video files. Researchers at Oak Ridge said they expected to see the new connection have an immediate impact on several projects including a $20 million study into how oceans will affect the Earth's climate in the future that need the increased transmission speeds to keep up with the computing power used.

The Large Scale Networking and Internet2 programs are research projects themselves, testing the limits of the next version of Internet Protocol, IPv6.

"The network forms a test bed that will serve as the basis for network research and development that will carry DOE's computational mission forward for the next five to 10 years," Thomas Zacharia, associate lab director of the Computing and Computational Sciences Director at Oak Ridge, said in a statement.

"Soon we will need to transport petabyte-size files, and this network and the research it enables will be crucial," he said.
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Federal Computer Week
Miller joins Homeland transition


Starting today, Ronald Miller, the Federal Emergency Management Agency's chief information officer, will take his involvement with the proposed Homeland Security Department one step further as he becomes a member of the administration's Transition Planning Office.

President Bush created the office by executive order June 20 to lead the administration's efforts in laying the foundation for the more than 22 federal organizations that will move to the proposed department.

Tom Ridge, the president's homeland security adviser, serves as director of the office within the Office of Management and Budget.

Miller has been working for months with a team of federal information technology officials under OMB and the Office of Homeland Security to develop the IT architecture for the proposed department. Most recently, he served on the investment review team considering which planned IT investments will go forward to support the proposed department.

Rose Parks, FEMA's deputy CIO, will serve as acting CIO while Miller is on detail to the transition office, Miller said.
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Government Computer News
Web security is hit-or-miss at local level
By Wilson P. Dizard III


More than half of local governments surveyed recently said they did not have policies and procedures in place for Web site security, according to the International City/County Management Association. ICMA reported that 55.8 percent of local government respondents lacked online security policies, and 44.2 percent of the governments did have policies.

ICMA's survey of counties and municipalities with populations greater than 2,500 generated 4,123 responses.

Two-thirds of the respondents said their security practices remained unchanged after the Sept. 11 terrorist attacks. Less than 18 percent reported that they planned to purchase additional network security equipment or services, and 15.1 percent said they would make major changes to existing security processes and practices. Ten and a half percent of respondents said they had removed information from their Web sites for security reasons.

Three-quarters of the governments polled said they conduct Web site operations and management with their own staff.

For additional survey results, visit icma.org/download/cat15/grp120/sgp224/egov2002web.pdf.
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Government Executive
Senator asks OMB to tackle problem of missing government computers
By Tanya N. Ballard
tballard@xxxxxxxxxxx


A lawmaker urged the Office of Management and Budget Thursday to tackle the problem of missing computers at several federal agencies.


"I'm worried that just as dryers have the knack of making socks disappear, the federal government has discovered a core competency of losing computers," Sen. Charles Grassley, R-Iowa, wrote in an Aug. 15 letter to OMB Director Mitch Daniels.


In recent weeks, the Justice Department and several of its agencies, including the Immigration and Naturalization Service and the FBI; the Defense Department; and the Customs Service have all reported that computers have been lost or stolen. On Thursday, an audit by the Treasury Department's inspector general for tax administration (TIGTA) revealed that the Internal Revenue Service could not account for thousands of computers used by volunteers in a tax assistance program.

"This inventory control problem is serious and must be addressed," Grassley said in a statement issued Thursday. "It involves tax dollars and potentially confidential taxpayer information and data related to national security and criminal investigations."

The agency also cannot verify that taxpayer information had been removed from the missing computers before they were lost or stolen, Grassley said.

"The fact that the IRS cannot account for this equipment is troubling, particularly given that, and I quote the TIGTA report here, 'Every year since 1983 the IRS has reported a material weakness with respect to its inventory controls in its annual assurance statement to the Department of the Treasury,'" Grassley said. "TIGTA's report notes that these problems are not new and previous TIGTA reports highlighted the issue, made suggested corrections and the IRS has not acted."

Based on recommendations from the inspector general, IRS officials agreed to conduct an inventory of the equipment used in its volunteer programs, to temporarily stop buying computer hardware and to issue guidance requiring managers to delete taxpayer information from volunteer computers after tax filing season. Grassley said he was concerned that IRS would not keep its promises and asked agency officials to inform him when the changes were made.

In his letter to Daniels, Grassley praised the OMB director's efforts to eliminate waste, fraud and abuse in other areas of the government and asked him to take "aggressive action to control government inventory."


"This most recent report highlights what appears to be a disturbing trend of government coming up short as stewards of the taxpayers' money," Grassley wrote. "Fortunately, inspector general reports show that there are a few government agencies that have been exemplary in accounting for taxpayer money. Clearly, it is possible for government agencies to account for their computers."
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Washington Post
Sleuths Invade Military PCs With Ease
By Robert O'Harrow Jr.


SAN DIEGO, Aug. 15 -- Security consultants entered scores of confidential military and government computers without approval this summer, exposing vulnerabilities that specialists say open the networks to electronic attacks and spying.

The consultants, inexperienced but armed with free, widely available software, identified unprotected PCs and then roamed at will through sensitive files containing military procedures, personnel records and financial data.

One computer at Fort Hood in Texas held a copy of an air support squadron's "smart book" that details radio encryption techniques, the use of laser targeting systems and other field procedures. Another maintained hundreds of personnel records containing Social Security numbers, security clearance levels and credit card numbers. A NASA computer contained vendor records, including company bank account and financial routing numbers.

Available on other machines across the country were e-mail messages, confidential disciplinary letters and, in one case, a memo naming couriers to carry secret documents and their destinations, according to records maintained by ForensicTec Solutions Inc., the four-month-old security company that discovered the lapses.

ForensicTec officials said they first stumbled upon the accessible military computers about two months ago, when they were checking network security for a private-sector client. They saw several of the computers' online identifiers, known as Internet protocol addresses. Through a simple Internet search, they found the computers were linked to networks at Fort Hood.

Former employees of a private investigation firm -- and relative newcomers to the security field -- the ForensicTec consultants said they continued examining the system because they were curious, as well as appalled by the ease of access. They made their findings public, said ForensicTec President Brett O'Keeffe, because they hoped to help the government identify the problem -- and to "get some positive exposure" for their company.

"We were shocked and almost scared by how easy it was to get in," O'Keeffe said. "It's like coming across the Pentagon and seeing a door open with no one guarding it."

In response to an inquiry by The Washington Post, military investigators this week confirmed some of the intrusions at Fort Hood, saying they were occurred on PCs containing unclassified information. Senior officials said they are preparing an Army-wide directive requiring all shared computer files containing sensitive information to be password-protected. Sensitive information includes such items as Social Security numbers, confidential plans and so on, officials said.

The Army has never before focused so intently on the security of desktop computers containing unclassified data, but it is doing so now because so many more machines are linked to vulnerable networks, officials said. These systems are not as strictly secured because they are not supposed to contain or communicate any classified material. More secure networks are typically not linked to the Internet and employ much more stringent safeguards, including procedures to authenticate the identities of computer users.

"Everything is connected," said Col. Thaddeus Dmuchowski, director of information assurance for the Army. "Our 'defense in-depth' has to go down to the individual computer."

ForensicTec's electronic forays show that the government continues to struggle with how to close off systems to prying eyes -- including terrorists and foreign agents -- after a presidential directive last fall making cybersecurity a national priority.

That struggle was underscored by a General Accounting Office report last month that concluded the government wasn't doing an adequate job coordinating efforts to protect its online systems. Next month, the White House's new Critical Infrastructure Protection Board will release a sweeping national plan intended to bolster computer security.

None of the material made available by ForensicTec appears to be classified. But government and private specialists said that such open systems pose a threat because compromised machines may contain passwords, operational plans or easy pathways to more sensitive networks.

They also could be used to mount an electronic attack anonymously or to gather enormous amounts of unclassified information to gain insight about what an agency or military unit is privately contemplating, specialists said.

"If you had an organized spy effort, that would be the real concern," Richard M. Smith, an Internet security consultant based in Cambridge, Mass., said of ForensicTec's findings. "This is a widespread problem."

Kevin Poulsen, another security specialist, worries that an intruder could place onto an unsecured network malicious software such as a virus, worm or Trojan horse program that could wind up on more-sensitive networks as desktop machines migrate from one place to another.

"The government is now lagging behind the sophisticated Internet users, when they should be leading," said Poulsen, editorial director of SecurityFocus, a Web site devoted to such matters.

A spokesman for the Pentagon agency responsible for computer network defense said he could not discuss the ForensicTec activity because the vulnerabilities are under investigation. Maj. Barry Venable, a spokesman for the U.S. Space Command, said the military takes seriously all such intrusions, even if the system entered does not contain classified data. He said hackers rarely gain control of military computers.

"Even one successful intrusion or instance of unauthorized activity is too many," he said. "The services and DOD agencies are working hard to educate their computer users and administrators to practice and implement proper computer security practices and procedures in a very dynamic information environment."

The issue of computer security has become more pressing in recent years as vastly more computers and networks have been linked to the Internet. Many public and private computers still have not been properly configured to block outsiders, and security components of operating software often are left set on the lowest default level to ease installation.

Even though it's a felony under U.S. law to enter a computer without authorization, the number of intrusions has skyrocketed, according to data collected by the CERT Coordination Center at Carnegie Mellon University. The number of incidents reported to CERT -- the leading clearinghouse of information about intrusions, viruses and computer crimes -- increased from 406 in 1991 to almost 53,000 last year.

Howard Schmidt, vice chairman of the White House Critical Infrastructure Protection Board, said officials have been crisscrossing the country to push for better practices. But he acknowledged that many individuals still don't take rudimentary precautions, such as adopting passwords more complex than "password" or a pet's name. And system administrators often do not fix known flaws with widely available software "patches."

Schmidt said the board's strategy, to be announced next month, will provide clearer guidance about how to achieve better security for government agencies and businesses alike. A crucial element will be to encourage people to follow through on existing rules and procedures.

"This reinforces to us that there's still a lot of work to be done," he said of the ForensicTec findings. "It's more than technology. . . . It's people not following the rules, people not following the policies."

The GAO report last month said the "risks associated with our nation's reliance on interconnected computer systems are substantial and varied," echoing a series of earlier reports chronicling the government's inability to secure its computers.

"By launching attacks across a span of communications systems and computers, attackers can effectively disguise their identity, location and intent," it said. "Such attacks could severely disrupt computer-supported operations, compromise confidentiality of sensitive information and diminish the integrity of critical data."

ForensicTec consultants said it wasn't hard to probe the systems. They employed readily available software tools that scan entire networks and issue reports about linked computers. The scans showed that scores of machines were configured to share files with anyone who knew where to look. The reports also contained people's names and revealed that many of the computers required no passwords for access, or relied on easily crackable passwords such as "administrator."

The consultants said they identified other Internet addresses during their exploration of Fort Hood, including those for machines at the National Aeronautics and Space Administration, the DOD Network Information Center, the Department of Energy and other state and federal facilities. Scans of those systems yielded similar results: hundreds of virtually unprotected computer files.

O'Keeffe, the company president, said his consultants concluded that they had tripped across a serious problem.

"If we can do this, other governments' intelligence agencies, hackers, criminals and what have you can do it, too," he said, adding that he hopes to help the government by bringing the vulnerabilities to light. "We could have easily walked away from it."

The material they saw ranged from poetry and drafts of personal letters to spreadsheets containing personal and financial information about soldiers.

A couple of memos to members of a squadron at Fort Hood included the location of several safes and the inventory of one: secret operations information on hard drives, floppy disks and CDs.

Another memo designated a courier -- by name, rank and Social Security number -- who would "be hand-carrying classified information" to Fort Irwin Army Installation in California, apparently from February to June.

The consultants also obtained access to spreadsheets and e-mail messages at NASA containing details about vendor relationships, account numbers and other matters. NASA spokesman Brian Dunbar said he could not confirm the provenance of the information obtained by ForensicTec. But he said the agency was investigating its claims of vulnerability in accounting-related computers.

"We will investigate what's going on here," he said. "If this information is in the clear, it poses a risk to these companies and we need to get it fixed."

Steven Aftergood, a research analyst and government information specialist, said that much of the data the consultants came across is, by itself, "of limited sensitivity." But the easy access to government machines represents a substantial security challenge, at a time when military, government and business officials rely on computer networks more than ever.

"It's a qualitatively new kind of vulnerability that the government has not quite come to terms with yet," said Aftergood, a senior research analyst at the Federation of American Scientists. "And it is a vulnerability that will increase in severity if the government doesn't do something about it."
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Washington Post
Audit Shows More PCs At the IRS Are Missing
Machines May Contain Sensitive Information
By Albert B. Crenshaw


The Internal Revenue Service has lost to thieves or has misplaced another batch of computers, adding to the thousands already missing from that and other government agencies.

In the latest case, there are fears that some of the missing machines might carry private taxpayer information and Social Security numbers.

An audit released yesterday by the Office of the Treasury Inspector General for Tax Administration found that the IRS cannot account for an unknown number of the 6,600 laptop and desktop computers it lends to volunteers who assist low-income, disabled and senior citizen taxpayers in preparing their returns.

Earlier audits found that the Customs Service couldn't account for about 2,000 computers and the Justice Department for about 400. Earlier this summer, the inspector general reported that about 2,300 computers were unaccounted for in other areas of the IRS.

Sen. Charles E. Grassley (R-Iowa), the ranking minority member of the Senate Finance Committee, said senior government officials have to work out better ways for keeping track of computers.

"I'm worried that just as clothes dryers have the knack of making socks disappear, the federal government has discovered a core competency of losing computers," Grassley said in a letter to Mitchell E. Daniels Jr., director of the Office of Management and Budget.

The latest report found computers missing from the IRS's Volunteer Income Tax Assistance (VITA) and Tax Counseling for the Elderly (TCE) programs, which offer taxpayers who receive assistance the option of filing their returns electronically, the Treasury audit said. During the 2001 filing season, volunteers prepared approximately 1.1 million tax returns and e-filed more than 700,000, or 64 percent, it said.

The report concluded that "the IRS does not have adequate internal controls" over the computers it provides to the VITA and TCE programs. The agency cannot physically account for computers provided to volunteers, nor can it ensure that taxpayers' electronic data were removed from volunteer computers at the end of the filing season.

The inspector general has made recommendations to solve the problem, including seeking legislation that would allow the IRS simply to donate computers to organizations that provide these kinds of taxpayer assistance. Such transfer of ownership is currently prohibited by law.

The IRS said it agreed with most of the recommendations and was implementing new procedures to deal with the problems. It noted that any information contained on the missing computers would have been supplied by taxpayers for preparation of their returns; it would not have come from central IRS files or computers.

"We've been working for some time to improve our internal controls over computers we provide to volunteers," an IRS spokeswoman said. "We are going to continue to work to put in place appropriate procedures so we can continue to assist the volunteers who help elderly and low-income taxpayers across the country."
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New York Times
Computer Programmers Rally for Bill
By THE ASSOCIATED PRESS


SAN FRANCISCO (AP) -- Comparing their cause to America's fight for independence from England, computer programmers rallied Thursday to support a proposal that would require the state of California to purchase more open-source software.

Michael Tiemann, chief technology officer for Raleigh, N.C.-based software company Red Hat, led about 30 protesters from the Linux World Conference & Expo to a podium outside City Hall. He urged politicians to adopt the Digital Software Security Act, a month-old proposal gaining support among hackers, civil libertarians and people opposed to Microsoft's dominance of the global software industry.

``Government and monopolists want to take away our right to write software and use computers as we want to use them,'' Tiemann said to marchers, mainly shaggy-haired men in T-shirts and jeans. ``Open source is the true spirit of democracy, and we must preserve it.''

The proposal would require California state agencies to use open-source software such as the Linux operating system as an alternative to proprietary software such as Microsoft Windows. Tiemann and several other open-source enthusiasts wrote the proposal and published it online, but they're asking programmers around the world to suggest changes.

Open-source programs can be downloaded from the Internet for free, and they don't require users to pay licensing fees. Installing Linux on servers has saved Amazon.com, 7-Eleven, Deutsche Telekom, the Chinese government and other groups millions of dollars.

Mainly because of the reduced cost, government agencies and corporations around the world are switching to open-source software to run databases and manage e-mail. According to research firm A.D.H. Brown Associates, about 20 million people are using the Linux operating system, the most popular example of open-source software.

But the Computing Technology Industry Association blasted the notion that California adopt an open-source approach. The Washington-based trade group said the proposal would stifle innovation in corporate America and cause ``unintended repercussions for California, its (information technology) industry and its citizens.''

A Microsoft spokesman refused to comment on the bill but said the world's largest software company supported the CTIA's position.

Microsoft's snubbing didn't surprise protesters. Many worried that Microsoft could extend its dominance in operating systems and Internet browsers to gain access to personal data stored on computers, including passwords or financial information. They feared digital privacy bills introduced earlier this year, including one to put government-mandated anti-copying mechanisms in consumer electronic devices.

``They're all in cahoots -- Microsoft, the government, corporate America,'' said protester Mike Collins, 48, a computer consultant in Austin, Texas, who sported a tattoo of the Linux penguin logo on his calf. ``We are at a pivotal point. We need open source now more than ever.''

But the rally's sparse attendance may underscore challenges facing the proposal. Only about 30 of the 15,000 Linux World attendants marched to City Hall. Open-source enthusiasts are known for their libertarianism and disdain for politics.

``Programmers are more comfortable in front of a keyboard, not at a podium,'' said Raj Nagra, 33, a network specialist who supports the proposal because he's seen significant cost savings after installing Linux-based systems for the city of Fresno. ``They'll submit code and maybe they'll send a check to support their cause, but they probably won't take their cause to the streets.''
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MSNBC
FBI agent charged with hacking
Russia alleges agent broke law by downloading evidence
By Mike Brunker


Aug. 15 In a first in the rapidly evolving field of cyberspace law, Russia's counterintelligence service on Thursday filed criminal charges against an FBI agent it says lured two Russian hackers to the United States, then illegally seized evidence against them by downloading data from their computers in Chelyabinsk, Russia.


IGOR TKACH, an investigator with Russia's Federal Security Service, or FSB, started criminal proceedings against FBI Agent Michael Schuler for unauthorized access to computer information, according to the Interfax news agency.
The agency reported the complaint had been forwarded to the U.S. Justice Department and that the FSB was awaiting a response.
The FBI said Thursday it had no comment on the case, and the Justice Department did not immediately respond to a request seeking comment.
Interfax quoted sources with the FSB as describing the criminal complaint as an effort to restore traditional law enforcement borders.
"If the Russian hackers are sentenced on the basis of information obtained by the Americans through hacking, that will imply the future ability of U.S. secret services to use illegal methods in the collection of information in Russia and other countries," the news agency quoted one source as saying.


RUSE WAS WIDELY PRAISED
Schuler and other agents were widely praised for an elaborate ruse that led to the arrests of Vasily Gorshkov, 25, and Alexey Ivanov, 20, in November 2000. Court papers described the men as kingpins of Russian computer crime who hacked into the networks of at least 40 U.S. companies and then attempted to extort money.
The pair was lured to the United States after Ivanov identified himself in an e-mail threatening to destroy data at a victimized company, Stephen Schroeder, a now-retired assistant U.S. attorney in Seattle who prosecuted Gorshkov, told MSNBC.com last year.
FBI agents then found Ivanov's resumé online and, posing as representatives of a fictitious network security company called Invita, contacted him to offer him a job.
Once Ivanov and Gorshkov arrived in Seattle, agents posing as Invita officials asked the men to demonstrate their prowess on a computer outfitted with "sniffer" software to record every keystroke. After arresting the men, the agents used account numbers and passwords obtained by the program to gain access to data stored on the pair's computers in Russia.
Fearing that an associate would "pull the plug" on the computer in Russia, the agents downloaded evidence before obtaining a search warrant, according to court papers.


AGENTS HONORED
In a news release issued last week honoring Agents Schuler and Marty Prewett with the director's award for excellence, the FBI's field office in Seattle said the case was the first in the the bureau's history to "utilize the technique of extra-territorial seizure." The procedures employed by the agents had been incorporated into the attorney general's guidelines for law enforcement personnel, it said.
Court papers allege that Ivanov and Gorshkov broke into and obtained financial information from a number of large U.S. companies and penetrated the computer networks of two banks the Nara Bank of Los Angeles and Central National Bank-Waco, based in Texas.
They also were accused of orchestrating "a massive scheme" to defraud the Internet-based payment company PayPal, based in Palo Alto, Calif., by using "proxy" e-mail addresses from such institutions as public schools and stolen credit-card numbers to buy goods.
Prosecutors have indicated they also believe the Russians are linked to two other high-profile cases: the theft of data on 300,000 credit cards from the CD Universe Web site and another
15,700 credit cards from a Western Union Web site.
Gorshkov was convicted in Seattle in September 2001 of 20 counts of wire fraud, charges that carry a maximum sentence of 100 years in prison. Sentencing was scheduled for January, but court records do not reflect that a punishment had been imposed.
Ivanov also has been indicted in New Jersey and Connecticut, where he currently is in custody and awaiting trial.
In pretrial motions, Gorshkov's lawyer, Kenneth Kanev, argued that the FBI agents had violated Gorshkov's Fourth Amendment right against unreasonable search and seizure by secretly obtaining passwords and account numbers.
But U.S. District Judge John C. Coughenour of Seattle ruled that Gorshkov and Ivanov gave up any expectation of privacy by using computers in what they believed were the offices of a public company.


NO EXPECTATION OF PRIVACY
"When (the) defendant sat down at the networked computer ? he knew that the systems administrator could and likely would monitor his activities," Coughenour wrote. "Indeed, the undercover agents told (Gorshkov) that they wanted to watch in order to see what he was capable of doing."
He also found that the Fourth Amendment did not apply to the computers, "because they are the property of a non-resident and located outside the United States," or to the data at least until it was transmitted to the United States.
The judge noted that investigators obtained a search warrant before viewing the vast store of data nearly 250 gigabytes, according to court records. He rejected the argument that the warrant should have been obtained before the data was downloaded, noting that "the agents had good reason to fear that if they did not copy the data, (the) defendant's co-conspirators would destroy the evidence or make it unavailable."
Finally, Coughenour rejected defense arguments that the FBI's actions "were unreasonable and illegal because they failed to comply with Russian law," saying that Russian law does not apply to the agents' actions.


NT VULNERABILITY EXPLOITED
Ivanov, Gorshkov and other unidentified associates used the Internet to gain illegal access to the U.S. companies' computers, often by exploiting a known security vulnerability in Windows NT, according to court papers. A "patch" for the vulnerability had been posted on the Microsoft Web site for almost two years, but the companies hit by the cyberbandits hadn't updated their software.
(MSNBC is a Microsoft-NBC joint venture.)
At least one company, Lightrealm Communications of Kirkland, Wash., acceded to a demand that it hire Ivanov as a security consultant after he broke into the Internet service provider's computers, according to court documents. Ivanov then used a Lightrealm account to break into other companies' computers, they indicated.
Eastern Europe and nations of the former Soviet Union have become a hotbed for computer crime aimed at businesses in the United States and other Western nations.
When MSNBC.com first reported on the problem of overseas computer crime in 1999, Mark Batts, the special agent in charge of the FBI's Financial Institution Fraud Unit, said he was not aware of any prosecutions of credit card thieves operating from Eastern Europe and the nations of the former Soviet Union.
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Seattle Times
Firms push for homeland-security work
By Nancy Gohring
Seattle Times business reporter


As the government scrambles to improve homeland security, safeguarding the nation's coastlines is a top priority.

StarCom Wireless of Bellingham believes it has a wireless-data-communications technology that can help the Coast Guard track and identify vessels on the water.

But before the company can secure a piece of the $38 billion homeland-security pie, it must first navigate the waters of Capitol Hill. To do so, it has turned to Cassidy & Associates, one of the largest lobbying firms in Washington, D.C.


Without such help, StarCom isn't sure it would have a chance of winning a contract.


"Not being able to get the ear of the people who can move it along literally would be the same as not having it," said Bruce Scapier, chairman of StarCom Wireless. Just as many travelers need guides to weave through the tangled streets of faraway cities, small technology firms like StarCom are increasingly relying on Washington, D.C., insiders to find what they're looking for in the nation's capital.

High-tech firms are among many businesses salivating over potential contracts from the proposed Homeland Security Department. When the White House announced intentions to create the department, it gave it the sky-high budget of $38 billion for 2003. That figure has sent companies that may have never wanted government work to the nation's capital, hoping to sell their wares.

The problem is, many small- and medium-sized companies have no idea whose doors to knock on. Rather than try to figure it out on their own or add a full-time staff member to handle government relations, they're retaining outside help.

Once they employ a lobbyist or federal-marketing firm, they've got a leg up on companies without enough cash to do the same.

"One of the problems with a system that relies heavily on expensive lobbyists is it leaves small companies at a disadvantage," said Larry Noble, executive director for the Center for Responsive Politics, a nonprofit, nonpartisan group that watches where money goes in the capital so that citizens can mark its impact on policy.

Sagem Morpho and StarCom Wireless are two Western Washington companies that can afford outside help and they're both chasing government deals related to homeland security.

Opening the right doors

Cassidy, which represents StarCom, and McBee Strategic, which represents Sagem Morpho, lobby legislators and also offer federal marketing, where they open doors to decision-makers and controllers of government purse strings. The effort is no small feat.

"For looking at major government initiatives like these, it's an enormous maze to try to sort through," said Tom Larson, vice president of strategic development for Sagem Morpho of Tacoma, which develops biometrics and fingerprint-identification systems. "It's an alphabet soup of government agencies," he said.

Cassidy has seen a spike of interest from companies looking for help to meet government workers who may grant contracts related to homeland defense.

"If you're not aware of how the game is played, it can be pretty mystifying," said Matthew Trant, senior vice president of Cassidy.

The firm, though, has been picky in choosing clients, he said. Because there are so many companies lining up for the homeland-security initiative, Cassidy doesn't want to inundate decision-makers with companies touting products that might be a stretch.

Either independently or through hired help, many companies start by approaching their representatives in Congress, which writes legislation that calls for government contracts.

Help shape legislation

"Where lobbyists really serve their purpose is to make sure that bills are written in ways that are fair to the industry," said Noble. They'll try to get requirements written into laws that might position their client at the top of the list of potential vendors.

StarCom leaders met with U.S. Rep. Jim McDermott, D-Seattle, to pitch their product and show him how American Medical Response, the ambulance-services company, uses the technology in Seattle.

Even before the laws are written, companies also pitch their products to the agencies they think might eventually dole out contracts. In the case of the Homeland Security Department, still under debate in Congress, no one has the authority to spend a dime yet.

Based on an audit of the Coast Guard's response system and congressional hearings about the Coast Guard, StarCom deduced its technology could be helpful to the agency, said Trant.

It has pitched its service to homeland-security and Department of Commerce personnel and received a good reception, he said. But no agency has said outright it plans to deploy a new system that will do what StarCom offers.

Laying groundwork

So far, Cassidy has sent white papers and background information to the Coast Guard and other agencies that could find the technology useful. "Now we're following up to get meetings set up," Trant said.

He calls those moves steps within the "courtship process."

McDermott spokesman John Larmett said the process of companies identifying a need that branches of the government may not know they have and then pitching their system to meet that need, is a common practice.

While lobbyists are keeping busy, Noble notes small companies have been known to win contracts without the help of hired insiders. Those companies can turn directly to legislators or their staffers for help in finding the proper contacts.

"Some people haven't the slightest idea whom to talk to. I've worked in the White House and I can do it a lot faster than they can," said Larmett, who regularly helps companies get in touch with decision-makers.

Many would argue, however, that without outside help, it's tough for small firms to be heard. "I don't think we could do it without a lobbying firm," said Larson.

While lobbying is only one piece of a campaign to win government business, it's a necessary one, Larson said.

"They can help me sort through a shifting maze of everything that goes on in D.C., especially as Homeland Security is reorganized," he said. "Every day there's someone different in charge."

Nancy Gohring can be reached at 206-464-2140 or ngohring@xxxxxxxxxxxxxxxxx
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News.com
Talk City users upset by site's shuttering
By Troy Wolverton

The shutdown of Talk City has left many of its former customers upset and at no loss for words.
Saying they were given no warning of the closure, many users whose Web sites were hosted by online chat company Talk City are upset that they were unable to back up those sites. Meanwhile, other users are simply saddened by the end of Talk City's popular chat services.


"I'm so sick about this," said Tamara Latham, whose poetry Web site disappeared when Talk City shut down. "All that work for nothing."


Talk City shuttered its site last week after filing for Chapter 7 bankruptcy several days earlier. The company, which had been involved since January in a legal dispute with LiveWorld, the former owner of the Talk City site, could no longer afford to continue the litigation, said Robert Young, Talk City's chief executive.


Young said he didn't know what would happen to the Web sites or the servers they were hosted on.

"It's effectively not my company anymore," Young said. "I don't know, because it's not in my control."

Talk City's lawyers did not return calls seeking comment. The trustee of Talk City's bankruptcy was not immediately available for comment.

LiveWorld sued Talk City in January seeking to collect the money Talk City agreed to pay for the site. LiveWorld is still trying to recover that money or at least some of Talk City's assets, said Peter Friedman, CEO of LiveWorld.

However, even if he were able to get back the servers, Friedman said there was little chance he or anyone else would resurrect the Talk City site, which hosted about 2.5 million home pages when LiveWorld was still running it. There are no assets left in Talk City, and LiveWorld can't afford to re-open the site, Friedman said.

"I think that basically there's very little chance of people recovering anything," Friedman said. "It's unfortunate. If I could do something about it in practical way, I would."

Little recourse, little hope
The Talk City customers are only the latest Net users to be left in the lurch by the closure of a dot-com company. Late last year, online photo company PhotoPoint shut down abruptly, leaving customers without any way to retrieve the photographs they had saved on the site. The company later offered to burn the photos on to CDs, but for a fee.


Many Excite@Home customers also faced problems retrieving their saved e-mail after they were switched over to AT&T Broadband's network.

Legal experts have said that customers who lose files because an online company has shut down have little recourse and little hope of recovering them.

Canine trainer Stephanie Johnson had a Web site hosted by Talk City dedicated to her borzoi breeding business. Johnson, whose site had been on Talk City for about three years, chose the company because its site was easy to use.

Although she had back-up or hard copies of photographs and other information, Johnson said she's had to reconstruct the extensive dog pedigrees she had on her Talk City site.

"I've just been retyping and retyping and retyping," said the Tupelo, Miss., resident. "I'm really beating myself up over not saving it."

Jan Cantu didn't have a Web page on Talk City, but had been an active member of the site's chat room for people 40 and older for nearly five years. She met hundreds of friends through the chat room, many of whom provided support for her when her father died several years ago.

Cantu paid $12 for the chat service when Talk City introduced yearly fees last year, but said she wasn't bitter that she had lost her money. The Bakersfield, Calif., bookkeeper said she offered to pay fees for some of her other friends and would have done more to keep the site going if she could.

"It's really sad," Cantu said. "It was a big part of a lot of people's lives."

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Washington Post
Internet Address Retailers Join Debate Over ICANN Future
Registrars Take Opposing View to VeriSign Over Internet Body's Powers
By David McGuire

Responding to a high-level push to scale back the powers of the organization that manages the Internet's worldwide naming system, dozens of Internet address retailers are lobbying the U.S. government to protect the powers of the Internet Corporation for Assigned Names and Numbers (ICANN).

While ICANN isn't perfect, it has done yeoman's work to introduce competition into the domain name industry and still has a major role to play in ensuring the stability of the Internet, a clutch of Internet registrars wrote in a letter that will go out to Commerce Department Undersecretary Nancy Victory in the next couple of days. Victory heads Commerce's National Telecommunications and Information Administration (NTIA).

Seven of the top ten Internet address sellers signed the letter along with more than 30 smaller registrars from 13 countries, said Mike Palage, who coordinated the signatures. Palage is the chair of the Internet registrar constituency within ICANN.

"We agree that there needs to be an ICANN and that ICANN is about protecting competition and not about protecting individual competitors," Palage said describing the Internet registrar community's view.

Palage won't release the names of the signatories until the letter is sent either Friday or Monday.

The registrars' letter comes less than a month after the three largest Internet registries (which act as domain name "wholesalers" to the registrar "retailers") called on the Commerce Department to scale back some of ICANN's powers.

VeriSign and two other major registries, DENIC and Nominet UK, sent a letter to Victory in which they outlined their "common view of a lightweight ICANN." Together, the three companies control world's five largest Internet domains -- VeriSign operates the "dot-com," "dot-net" and "dot-org" domains, while DENIC operates Germany's "dot-de" domain and Nominet UK operates the United Kingdom's "dot-uk."

Managing the Domain Name System under a series of agreements with the Commerce Department, ICANN wields a substantial amount of power over how both registries and registrars do business. ICANN decides what Internet suffixes are added to the system; oversees dispute resolution policies; and has a hand in determining domain name pricing.

In September, NTIA will have to decide whether to renew, revise or revoke the ICANN agreements.

Palage questions VeriSign's motives in calling for a weaker ICANN so close to that decision.

"The question that needs to be asked is, 'Is VeriSign acting on behalf of Internet stakeholders or on behalf of VeriSign shareholders?'" Palage said.

VeriSign runs "dot-com," "dot-net" and "dot-org" under agreements with ICANN that prevent VeriSign from raising the wholesale price of the addresses it sells, or substantially changing the way it runs the domains.

VeriSign, DENIC and Nominet maintain that ICANN should not be in the business of setting wholesale prices for domain names.

VeriSign spokeswoman Cheryl Regan said that VeriSign benefits most when the addressing system is healthy and well run. "Whatever is good for the Internet is good for our shareholders and that is first and foremost what this is about -- what's good for the Internet," Regan said.

Rather than trying to take powers away from ICANN, VeriSign wants to see the Commerce Department approach the contract renewal with an eye toward "getting back to the original intent of [ICANN] and not letting their powers creep into inhibiting the market."

The registrars' letter is virtually identical to a letter sent last week to Victory by the operators of the seven Internet domains approved for creation by ICANN in November 2000. ICANN commissioned those domains to boost competition and to ease crowding in dot-com, dot-net and dot-org.

ICANN applauded the registrars' letter writing efforts.

"It's gratifying to see that many of our participants voiced their support for ICANN as the best alternative. Despite all the comments and criticism, at the end of the they're still supporting our concept," ICANN spoeswoman Mary Hewitt said.
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Washington Post
U.S. Aiding Asia-Pacific Anti-Cybercrime Efforts
By Brian Krebs


U.S. law enforcement officials will meet with representatives from a host of Asia-Pacific countries this weekend as part of an international training program to help developing nations combat computer crime and cyberterrorism.

The two-day event, to take place in Moscow in conjunction with the Asia Pacific Economic Cooperation (APEC) ministerial forum, is intended to provide expert advice and other assistance on how national laws and investigative techniques can be updated to address a range of traditional crimes that have migrated to the Internet. Topics on the agenda include overviews of the myriad technologies employed by cybercriminals and models for international cooperation in cybercrime investigations.

"Our experience has been that these countries are always looking to see where the weaknesses in their legal system are, and whether their laws need to be rewritten to take into account new technologies," said one Justice Department official familiar with the program.

The forum also will address methods for identifying computer viruses and cyber threats to vital national infrastructures.

The outreach effort, led by the Justice Department and the FBI with support from the State Department and the U.S. Agency for International Development (USAID), is aimed at decision-makers and legal experts from nearly all 26 members of the APEC forum, including Brunei, China, Malaysia, the Philippines, Singapore, South Korea, Thailand and Vietnam.

The program comes as the Bush administration is seeking increased cooperation from foreign nations in prosecuting cybercrime and steeling U.S-based infrastructures against potential cyberterrorists.

Southeast Asian foreign ministers last month joined U.S. Secretary of State Colin Powell in signing a counter-terrorism declaration that included a promise to strengthen and harmonize laws against cybercrime. In September, the White House is expected to release its national strategy for protecting the nation's most critical computer systems from cyberattack.

Following the U.S. Lead
Many APEC nations lack laws to prosecute hackers within their borders, much less assist other nations in multinational cybercrime investigations. Yet, nearly 40 percent of all cyberattacks involve computers located in Asian nations, according to the latest statistics from DShield.org, a company that monitors network intrusions.


In contrast, while the U.S. is also the origin of a large number of cyberattacks, it has some of the toughest computer crime laws in the world, some of which were put in place in the wake of last September's terrorist attacks on New York and Washington.

The USA Patriot Act, signed into law in November, increased the maximum sentence for unauthorized hacking from 5 years to 10 years. And a bill passed last month by the House of Representatives would send hackers to jail for life if they cause someone serious injury or death in the process, either intentionally or by accident.

Justice Department officials say their outreach program is less about encouraging nations to adopt U.S.-style cybercrime laws than using them as examples of ways to proceed in drafting their own computer crime statutes and mutual assistance agreements with other nations.

A few Asian nations that have recently enacted cybercrime laws now levy civil - not criminal - penalties and fines for a broad range of hacking activity.

In Vietnam, for example, using someone else's password to illegally access Internet services carries a fine ranging from $13 to $67. A person convicted of sending computer viruses faces a maximum penalty of $1,333 to $3,333, according to a survey by the Work-it Group, which specializes in information and infrastructure security issues from the legal and management perspective.

"My experience is that the legal frameworks in many countries are woefully deficient," said Work-it Group President Jody Westby. "Many developing countries are not now working on an international level, and they need help on how to do that. Just having a 24-7 point of contact (on cybercrime issues) is probably something that hasn't occurred to most of them."

Westby is also chair of the American Bar Association's International Cybercrime Project, which circulated a draft version of its "International Guide to Combating Cybercrime," at its annual meeting in Washington, D.C. this week.

The 224-page report outlines the law enforcement challenges posed by cybercriminals, and offers a blueprint for countries struggling to overhaul their laws to include a range of common computer crimes.

Balancing Privacy & Security
The ABA report also provides guidance on more ethical considerations, such as balancing the need for acceptable search and seizure procedures with privacy and human rights concerns.


Such considerations are especially important for developing nations in which the government still maintains a controlling stake in the telecommunications infrastructure, said James X. Dempsey, deputy director of the Center for Democracy and co-chair of the report's Electronic Search & Seizure Working Group.

"The tradition in most developing countries has been zero controls on government surveillance because the telephone company is frequently a branch of government," Dempsey said. "What this report says is that as countries around the world grapple with cybercrime laws and necessarily address the question of government access to communications data, they need adopt legal standards that limit government surveillance to ensure a certain level of public trust in those networks."

Without that trust, Dempsey said, developing nations risk alienating investors.

"If countries are looking to attract foreign investment and compete globally in the information age, economically they need to address privacy and give assurances that the host government will not arbitrarily monitor the communications networks," he said.

The ABA report represents an unusual collaboration among more than 60 industry, law enforcement and privacy groups. In fact, the search and seizure portion of the study was drafted with the help of some the most vocal critics of US privacy and surveillance laws, including the Electronic Privacy Information Center and the Electronic Frontier Foundation.

"The fact is that for all the concerns that and other privacy advocates and I sometimes share about the Patriot Act and other U.S. surveillance laws, U.S. law is far and away the best system in the world in terms of privacy protection," Dempsey said.
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Computerworld
Airlines, FAA turn to Web for security, flight planning


WASHINGTON -- Several major airlines and the Federal Aviation Administration are turning to the Internet, with all of its inherent security vulnerabilities, to improve antiterror information sharing and the safety of flight operations.
In the wake of last year's terrorist hijackings and the near success of the shoe-bomb plot on an American Airlines flight on Dec. 22, American and other airlines have turned to the Internet as a way to keep pilots informed of critical federal security warnings in a more timely manner. In addition, the FAA in recent weeks has established a public Web site that commercial and general aviation pilots can use to download visual-range data for most of the nation's major airports. Visual-range data is used to plan alternate landing routes in the event of bad weather.


According to a report in The Washington Post, American, Delta Air Lines Inc., United Air Lines Inc. and US Airways Group Inc. have established Web-based systems to keep pilots informed of urgent security advisories sent out by the Transportation Security Administration. The issue was thrust into the spotlight when a government warning about the potential use of shoe explosives was sent to American on Dec. 11 but was not forwarded to pilots before the bombing attempt 11 days later.

A spokeswoman for United declined to provide details on the company's Web-based bulletin board system, saying only that doing so would "open the door to what we do from a security perspective and how we do it." American, Delta and US Airways didn't return calls for comment.

Larry Johnson, CEO and co-founder of international business-consulting company The Business Exposure Reduction Group Associates LLC and a former deputy director of transportation security in the State Department's Office of Counterterrorism, applauded the airlines for using the Web to "make the pilots part of the [security] solution."

"The U.S. government has to do a better job of keeping other security professionals informed," said Johnson.

However, he's less enthusiastic about the FAA putting operational data on the Internet. "Posting visual-range data on a public Internet is insane," said Johnson. "That makes the terrorist job of doing operational planning easier."

"There's always a concern with putting operational data on the Internet," acknowledged James Wetherly, research and development lead for the FAA's Traffic Flow Management Integrated Product Team. However, "with [visual range data], a lot of this information is about the environment that is often available locally," he said.

"The Web is being used for advisory purposes only, not to replace the tried-and-true method of communicating [range] data ... which is voice," said Wetherly. "We take every precaution to ensure that the systems and data viewed from the outside are secure. And we have an infrastructure that provides a pretty deep moat to ensure that."
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USA Today
Steering wheel TV installers under scrutiny
By Earle Eldridge, USA TODAY


Federal vehicle safety investigators are gathering information about custom shops that remove air bags from steering wheels to install TVs. Federal law prohibits removing a safety device from a car.

Adding TVs to cars, including in the steering wheel, is popular with professional athletes, rappers and urban youths.

But it is widely criticized because the potentially lifesaving air bag is replaced with a TV that a driver can see, a distraction that could cause an accident.

Tim Hurd, spokesman for the National Highway Traffic Safety Administration, says each case of removing a safety device could result in a $5,000 fine.

"We don't have a formal investigation, but we are looking into this issue of conversion shops disconnecting air bags to install TVs," he says. Investigators will look at how widespread the trend is and what shops are doing the work.

Meanwhile, makers of small video screens built for vehicles say they discourage installers from putting TVs where drivers can see them.

Most require installers to agree to enable a locking mechanism in any monitor the driver can see that keeps it from working while the car is moving.

Alpine Electronics of America, a leading maker of TV monitors for cars, says installers it finds violating the agreement can lose their Alpine retailer's license.

Even so, the policy is "difficult to police" says Steve Witt, vice president of marketing for Alpine.

Witt, who is chairman of a consumer electronics industry committee overseeing use of video monitors in vehicles, says electronics makers, automakers and federal regulators are working on industry standards for installing TVs in vehicles.

TV monitors in vehicles is the fasting growing segment of the consumer electronics industry, he says.
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USA Today
E-mail becoming crime's new smoking gun


WASHINGTON (AP) Not since the glory days of letter-writing, before the advent of the telephone, have people committed so much revealing information to written form as they do in the age of computers.


All those e-mail messages and electronic files are a treasure trove of evidence for law enforcement officers, whether they are targeting terrorists, crooked CEOs or local drug dealers.


The challenge for police and prosecutors is learning how to dig up and preserve these electronic gems.

"Any agent can come in and look through papers, but not every agent can do a thorough computer search," said David Green, deputy chief of the Justice Department's computer crime section, which helps train federal and state investigators.

Green teaches that a mistake as simple as turning off a computer can wipe away valuable evidence. Knowing such basics, and the ins and outs of privacy law, is essential when electronic evidence may play a role in so many cases.

"It's like the gift that keeps on giving," said Tom Greene, a deputy attorney general in California, one of the states suing Microsoft in an antitrust case built largely on computer messages. "People are so chatty in e-mail."

E-mail revealed the shredding of documents at Arthur Andersen, and exposed Merrill Lynch analysts condemning stocks as a "disaster" or a "dog" while publicly touting them to investors.

Anti-American sentiments in messages Taliban fighter John Walker Lindh and shoe bomb suspect Richard Reid sent to their mothers were gathered as evidence against them.

And when Wall Street Journal reporter Daniel Pearl was kidnapped and killed in Pakistan, investigators used e-mails from his abductors to track them down.

When drug dealers are arrested, police search their electronic organizers and cell phones for associates' names and telephone numbers. When someone is accused of molesting a child, his computer is searched for child pornography. When a company is sued, it can be forced to turn over thousands of employee messages.

"E-mail has become the place where everybody loves to look," said Irwin Schwartz, president of the National Association of Criminal Defense Lawyers.

One reason is that computer data is difficult to destroy. Just clicking "delete" won't do it, as Oliver North learned during the 1980s Iran-Contra probe, one of the earliest investigations to rely on backup copies of electronic messages.

Deleted files can linger, hidden on a computer's hard drive until that space is overwritten with new information.

"The best way to get rid of computer data is to take the hard drive and pound it with a hammer and throw it in a furnace," said John Patzakis, president of Guidance Software, which makes forensic software that helps police find hidden files.

Even that might not work with e-mail, which investigators may also be able to track down in an employee's office server, stored by Internet providers, or in the recipient's computer.

To go hunting through computer data, law officers need a search warrant issued by a judge. Winning legal permission to eavesdrop on e-mail as it's transmitted is more difficult, because that is considered the same as wiretapping a telephone. Investigators generally need a court order based on probable cause that the wiretap will reveal evidence of a felony.

Criminals, or people who simply want to protect their secrets, can use encryption software to scramble their e-mail. And special software can overwrite computer files, so they are truly deleted. Most criminals aren't that savvy yet, prosecutors say.

Even law officers make the mistake of indiscreet e-mail. Defense attorneys commonly scour messages between police or prosecutors to look for ammunition to question investigative techniques or suggest bias. Or, one of the prosecution's expert witnesses may have posted notes on the Internet that contradict his testimony.

Every U.S. attorney's office across the country has a computer and telecommunications coordinator, and the Justice Department is pushing more of its prosecutors to take cybercrime courses. The department also finances some training for state and local law enforcement.

"The problem is the uninitiated police officer who will go in and turn on a computer to look to see if it's worthwhile to send the computer in for examination," said Peter Plummer, assistant attorney general in Michigan's high-tech crime unit.

"When you boot up a computer, several hundred files get changed, the date of access, and so on," Plummer said. "Can you say that computer is still exactly as it was when the bad guy had it last?"

A defense attorney could argue it's not, and try to convince a jury that evidence has been mishandled or tampered with.

When feasible, investigators usually prefer to use special software to make an exact copy of the contents of a computer's hard drive. This can be done without even turning on the computer.
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USA Today
Japanese embrace inexpensive Net phone calls


TOKYO (AP) For years, the high cost of phone calls was the biggest obstacle to Internet growth. These days, that curse is proving to be a bit of a blessing.


As always-on broadband Internet service becomes more available, towering tariffs for traditional voice calls are encouraging adoption of a technology that has yet to make much headway with consumers elsewhere: voice over Internet.


More than 300,000 people have signed up for the service from BB Technologies, a subsidiary of Tokyo Internet company Softbank. That's easily more than three times the estimated U.S. consumer market.

The service, which began in April, doesn't require a new telephone. With a book-size modem, one gets voice quality comparable to that of regular voice lines at a fraction of the cost.

Subscribers to Softbank's Yahoo broadband Internet service get voice over Internet for free. Non-subscribers pay about $10 per month including modem rental after a $30 installation fee.

Users keep their same phone number. The broadband service is an asymmetric digital subscriber line that runs over existing wires. Customers still must pay a line fee that starts at about $12 a month to Nippon Telegraph and Telephone, the former state monopoly that still controls nearly all fixed lines to homes.

Even so, callers can save drastically.

Although traditional phone fees are gradually coming down as the sector opens up to newcomers, a three-minute long-distance phone call in Japan still costs as much as 66 cents while the same call to New York costs $1.30.

With BB Phone, three-minute calls within Japan and to the United States cost 6 cents. The rates for calls to other countries vary but are all generally cheaper than old-style phone calls. Calls to another BB Phone are free.

A long-distance romance has Ayumu Mizuno, a 24-year-old engineer, sold on BB Phone. He expects to save hundreds of dollars in calls to his out-of-town girlfriend, who lives with her parents.

The service is in such demand that customers have complained about long waits for service and support. Another catch is that free calls happen rarely because BB Phones remain rare.

"It's too bad I have no other BB Phone person to call," said Yoshio Inohara, a 43-year-old electrician who switched to BB Phone last month. "The only BB Phone I've ever called is the support center."

Softbank, which has invested $720 million to set up its broadband network, believes homes of the future will be linked over the Internet through all kinds of devices, not just telephones and computers, but also home entertainment centers, ovens and refrigerators.

"The BB Phone is a result of the natural changes in technological advancement," Softbank spokeswoman Misao Konishi said. "The market is certain to get bigger."

Last year marked a period of explosive growth for broadband in Japan.

Half of Japanese households are already connected in some way to the Internet, up from just a quarter of households two years ago, according to InfoCom Research, a Tokyo company that compiles Net data.

Those using high-speed connections including ADSL, cable and optical fiber total 4 million people, or nearly 8% of Japanese households.

A recent study by the Nihon Keizai newspaper found thirtyfold growth in high-speed digital connections in Japan over the 12 months ending in March.

Although some 12 million American homes have broadband connections, voice over Internet has not penetrated the U.S. consumer market nearly as well.

That's primarily because basic phone service in the United States is relatively cheap, about $20 a month, said analyst Norm Bogen at Cahners In-Stat. Besides, voice over Internet requires new equipment and service that is not as reliable as traditional voice calls, he said.

In larger U.S. companies, it's a completely different story.

More than 40% of U.S. companies with 500 or more employees have begun converting to Internet-based telephony, according to the research and consulting firm InfoTech.

In Japan, the road ahead for BB Phone remains precarious despite its early success.

Telecom giants such as NTT and KDDI, as well as other startups, are beginning to offer rival services.

This month, NTT's long-distance unit began offering a videophone feature for its Net phone service, which has attracted 13,000 users.

"NTT has marketing power," says Shinji Moriyuki, analyst with Daiwa Institute of Research in Tokyo, adding that only the best of efforts from smaller companies is likely to survive. "NTT may lose some market share, but not all ventures are going to succeed."
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USA Today
NYTimes.com, NPR team up for civics education Web site


NEW YORK (AP) NYTimes.com and National Public Radio on Wednesday announced the launch of Justice Learning, a civics education Web site for high school students and teachers based on NPR's radio program, Justice Talking.


The Web site will use content from Justice Talking and related lesson plans and articles from The New York Times Learning Network, a free service for teachers, parents and students in grades 3-12.


Justice Learning is designed around eight distinct civics issues that are updated twice a year. Current issues include affirmative action, civil liberties, death penalty, gun control, juvenile justice and Web censorship.

"The New York Times Learning Network brings news issues to life for its audience," said Gary Kalman, communications director of Justice Talking.

The Learning Network receives nearly four million page views a month during the school year, the company said.

NPR's Justice Talking is produced by the Annenberg Public Policy Center at the University of Pennsylvania.

New York Times Digital is the Internet division of The New York Times Co.
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Nando Times
Navy taps private industry for new defense technology

WASHINGTON (August 14, 2002 3:56 p.m. EDT) - As private companies take on more of the burden for developing new defense technologies their military customers are facing unfamiliar challenges of coordination, intellectual property rights and civilians unfamiliar with wartime needs, Navy officials said Tuesday at a Washington conference.

In the face of a scattered terrorist threat with multiple capabilities, the U.S. military has to become just as adaptable, said Paul Schneider, principal deputy to the secretary of the Navy's research, development and acquisition programs. To do this the Navy is turning more and more to private sector firms for creative solutions.

Innovative programs have tackled supposedly "unsolvable" challenges, such as creating a new, smaller breed of torpedo for clearing minefields and other littoral (close-to-shore) operations, said Rear Adm. Jay Cohen, chief of naval research. The "half-torpedo" project is expected to test a real-world design later this summer, he told the Naval-Industry R&D Partnership Conference. Successfully fielding the device will enhance the abilities of current Los Angeles-class attack submarines.

An Office of Naval Research Web site is also gathering and evaluating technology suggestions from service members in the field, he said.

But broader cooperation with industry is presenting new challenges. Military organizations must ensure that war fighter needs are properly translated. To do this technology rollouts are being structured to match technology experts with the people who carry out missions, Schneider told the conference. "We're trying to set up the stage for industry ... to be more directly involved with battle experiments so we can figure out better ways to use the technology and be adaptable."

Military suppliers also have to rethink what competition means in light of these goals, Schneider said. The idea of networking different platforms into a more powerful system falls apart if companies' technical standards are incompatible.

"As much as I dislike the term, the military wants 'plug and play' standards ... so that we can get competition on the actual sensor and weapons technologies," Schneider said. "We don't want (industry) spending money designing components that should be standardized."

At the same time, the issue of intellectual property protection is gaining attention as smaller, non-traditional sources of technology become available to the military, Schneider said. Unless those companies' interests in their development work is protected, they will have little or no incentive to share their discoveries, he noted.

The Navy's science and technology organizations are dealing with these and other challenges, Cohen said. For example, Cohen has won congressional approval to give private venture capitalists a look at the more than $1 billion in intellectual property naval research has amassed, he said.

The Navy is building on the example of the flexible B-52 bomber and the Ohio-class ballistic missile submarine, Schneider said. The nearly 50-year-old B-52 design has been revamped to carry precision munitions for close air support in Afghanistan, while the Navy is looking at older Ohios, originally destined for scrap, as platforms to carry cruise missiles and special-operations forces, he said.

Going forward, developers are reconsidering the requirements for a next-generation destroyer, Schneider said, to take into account emerging technologies while reducing the risk associated with introducing them. The same approach will be applied in designing a "littoral combat ship," designed for operations very close to shore, he said.

"The program there is going to focus on what we need from this 'truck,' and on finding approximations of what the mission suites will be," Schneider said. "We want to design this ship with maximum flexibility."

In order to keep these differing efforts going, however, the Navy must address its aging in-house scientific workforce, Cohen said. One ONR program is successfully offering high school juniors and seniors summer internships at naval laboratories to interest them in the work being done there, he said.

"If you have sustained science and technology work that looks at the 'Navy after next' ... when you suddenly need deliverables in 30 days, you get them," Cohen told the conference.

The event, sponsored by the Office of Naval Research, is meant to bring together technology providers, military acquisition executives and uniformed personnel in order to improve the relationship between the Navy and its industrial partners.
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News Factor
The Trouble with Software Patches


Despite the lessons taught by nasty viruses like Code Red and Nimda, experts say that software patching continues to lag far behind discovered vulnerabilities. Analysts typically blame the lag on the sheer number of patches, which are issued with increasing frequency. Indeed, patching remains a dreaded chore in most IT departments, where a lack of resources means many companies have been left behind. "Quite simply, patching isn't all that sexy a task to do," Forrester analyst Laura Koetzle told NewsFactor. [For the complete story see: http://www.newsfactor.com/perl/story/19023.html]
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Euromedia.net
Microsoft to change Passport privacy statements as part of legal settlement
09/08/2002 Editor: Cathy O'Sullivan


As part of a settlement agreement with the Federal Trade Commission , Microsoft is to change its privacy statements on Passport to accurately reflect what information is collected and how it is used.

The FTC's investigation followed a number of complaints by a group of privacy organisations who claimed that Passport and the accompanying Wallet service violated Section 5 of the Federal Trade Commission Act, which covers unfair or deceptive practices. The complaint was subsequently amended to include a claim that Kids Passport did not comply with Children's Online Privacy Protection Act and that Microsoft was using Windows XP to force signups of the authentication system .

FTC chairman Timothy Muris agreed with the groups on a number of points: "We believe that Microsoft made a number of misrepresentations, dealing with, one, the overall security of the Passport system and personal information stored on it; two, the security of online purchases made with Passport Wallet; three, the kinds of personal information Microsoft collects of users of the Passport service; and four, how much control parents have over the information collected by Web sites participating in the Kids Passport program."

Microsoft failure to adhere to its own privacy statements about Passport, Passport Wallet or Kids Passport resulted in the problems, said the FTC.

The settlement, which is valid for twenty years, "prohibits Microsoft from misrepresenting its privacy and security practices," Muris said. "The settlement... also requires Microsoft to establish a program to protect the security, confidentiality and integrity of its customers' personal information."

Furthermore, for the next five years Microsoft, is obligated to provide the FTC with all documentation concerning the collection of personal information and any information that might question Microsoft's compliance with the settlement.

The FTC's privacy complaint focused the collection by Microsoft of detailed information from people's sign-in information and the web sites onto which which they logged on without notifying customers of the activity. According to Brad Smith, general counsel for Microsoft, the company used the information for customer support purposes. In response to the complaint, Microsoft has "changed our privacy statement so that our current privacy statement does make very clear that we collect this information", Smith said.

Potential security problems with Passport were also identified by the FTC, which Microsoft asserts it is addressing.
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Sydney Morning Herald
Anti-spam system launched


Bluebottle Systems has launched a system that protects a user's email accounts including Hotmail and Yahoo! from spam, a media release says. A patent is pending.

The system works by only accepting email from known senders. When Bluebottle receives an email from a sender not on a users whitelist, a verification request is sent asking the sender to verify themselves in one of two ways - by simply replying to the verification request, (which automatically places them on the whitelist) or by replying with the user's full name to ensure the sender knows with whom he or she is communicating with and that the message is not unsolicited.

Spammers are unlikely to respond to these requests as in most cases the reply address has been forged. In the event that the spammer actually receives the request, it is almost impossible for them to know the recipient's full name. It is the users choice which verification method they use.

Bluebottle's CEO, Robert Pickup, said the problem was addressed by not accepting any email into a network before it had been verified, therefore eliminating the bandwidth and disk storage costs.

Bluebottle is developing a number of services that leverage its core verification technology, including an offering for small businesses, ISPs and enterprise customers. It is also looking to engage, and work with the Open Source community to ensure its widespread adoption and interoperability with other open systems.
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Earthweb
Norton Antivirus Tackles Instant Messaging
By Sharon Gaudin


Symantec Corp. is answering the latest wave of online messaging attacks by gearing up to battle viruses coming through instant messaging.

Norton Antivirus 2003, Symantec's well-known desktop software, will scan files transferred over instant messengers for malicious viruses, Trojans and worms. Antivirus software has guarded email messages from harm, but IM users have been virtually left out in the cold.

The antivirus software, which is geared toward the consumer and small business, is designed to work on instant messengers from Yahoo, MSN and AOL. Symantec is aiming at pushing its IM cleansing technology into the enterprise arena within a year, according to Laura Garcia-Manrique, a senior product manager at Symantec, but they moved on the consumer market first because of IM's enormous popularity there.

''The more people use instant messaging, the more attackers will use instant messaging,'' says Garcia-Manrique. ''The more people use IM to share information and files, it's a natural evolution for viruses to begin using those vehicles.''

Symantec's announcement comes on the heals of a warning that IM users are being duped into downloading viruses and opening the door to intruders who use their systems to launch distributed attacks across the Net. Hackers are increasingly attacking systems through instant messaging, said Art Manion, Internet Security Analyst at CERT, a federally funded high-tech research and development center at Carnegie Mellon University.

In a recent interview, Manion says CERT has tens of thousands of reports of systems being compromised through instant messengers. ''Instant messaging is being used a lot and people aren't paying attention to the security risks that are out there,'' said Manion. ''People are still way too trusting, and they think instant messaging can't be used against them. But it can.''

Garcia-Manrique also notes that Symantec is handling some of the decision making for users.

She explains that currently when the antivirus software detects malicious code, an alert dialogue box will pop up asking the user if she wants to delete the virus, quarantine it or repair it. The new version, which will be widely available next month, will delete the virus automatically and then alert the user that it was taken care of.

''We did that because we've seen for the most part that the average home user doesnt know how to react if a virus is found on the system,'' says Garcia-Manrique, who adds that any user who wants manual control can change the default setting. ''It's safer for the antivirus software to delete a virus or repair something that is broken.
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Earthweb
Russia Becoming IT Powerhouse
By Drew Robb


For many years, India has been the poster child of the offshore software development industry. Many of the Fortune 500 have been quietly beating a path to Indian vendors to reduce software development costs and speed up time to market. As well as their much-publicized work on Y2K and mainframe maintenance, these companies also take on Java and Oracle assignments.

But a serious rival now is emerging, one with the resources and determination to take on India -- Russia.

The technology sector in Russia achieved $3 billion in revenue last year, up 19% from the previous year. Offshore software development now is a large slice of that total, growing at an estimated rate of 50% a year.

U.S. giants like Dell, Intel, Siemens and Motorola have huge Russian development centers. And Boeing, GE, Sun Microsystems, IBM, Citibank, the U.S. Department of Energy and many others now are turning to Russia for all manner of complex software tasks.

''Our research shows that Russian development resources have stronger math skills and are often used to develop algorithms and complex formulas,'' said analyst Laura Carrillo of Boston-based AMR Research.

Carrillo pinpoints the Russian education system as offering high-tech workers there a competitive advantage. In Indian universities, students learn generic development and mass-produced coding for Java and C++.

''Russia takes a higher-level approach, picking individuals more carefully in a similar manner to MIT,'' said Carrillo. ''As a result, Russian programmers and developers are more schooled on advanced math and computing techniques than their Indian counterparts.''

Not surprisingly, Russia is earning a reputation as the place to go for development work that involves sophisticated algorithms and complex coding. Last month, for instance, Dell established a Moscow-based Software Engineering Center. It utilizes the Moscow production facilities and manpower capacity of Luxoft, probably the largest of the new breed of Russian offshore firms.

''Having delegated some projects to the Luxoft center, we intend to free up the time and energy of our IT departments, while keeping the scale of IT deliverables at the current and even higher pace,'' said J.R. Carter, a senior manager of EMEA technologies at Dell Computer Corp.

The choice of Moscow had a lot to do with the sheer quantity and quality of science and computing graduates -- 50% of Russian graduates major in science -- 55 out of every 10,000 people in Russia are engineers, one of the highest ratios in the world -- 4% of programmers working in the world today are Russian.

''Russia possesses a unique intellectual capital that should translate into existing investment opportunities in the years to come,'' said Alexander Andreev, a financial analyst at Brunswick UBS Warburg.

Due to this wealth of resources, Luxoft was easily able to comply with Dell's stringent conditions. Dell demanded a scalable-on-request team of software engineers. Every team member was selected by Dell based on experience, domain knowledge and educational background.

''As a result of the educational system and culture, Russian code expertise is married up with a quality that American companies find highly desirable -- the ability to innovate and be creative in their approach to solving customer problems,'' said Luxoft CEO Dmitry Loschinin. ''I believe that this gives Russia a distinct advantage as we go beyond code writing competence into the realm of resolving the complex IT challenges of the modern enterprise.''

Loschinin cites Boeing Company's experience. After starting on a few smaller projects some years back, Boeing now trusts Luxoft with many high-level development tasks, such as:


An Internet-based catalog that removed the annual nightmare of updating and reissuing hard copies of all documentation. Tools and technologies used, included J2EE (Servlets, EJB, JSB, JDBC), XML, DHTML, Web Gain Studio, Arbortext Epic and Adobe Distiller;
Development of a PDF utility that manipulates a massive PDF database and makes files easily available in print, CD, Internet or Microfilm formats. This system uses Rational Rose 2000, XML and works across Sun Solaris, Windows NT/2000 and Linux;
Migration and redevelopment of a mainframe drawing and blueprint distribution system. Developed in the 1970s in Fortran running on Unix with more than a million entries and accessed by 23 separate IT systems, Luxoft converted it to Websphere/Oracle/ Java, while preserving existing business logic and retaining full functionality.
''The old drawing/blueprint system was of high quality but out of date,'' said Scott Griffin, vice president and CIO of Boeing. ''Luxoft converted our drawing system to a modern Web-based platform, while preserving existing business logic and retaining full functionality. This improved system stability, reliability, and access. It also reduced cycle-time and increased flexibility, allowing for the support of new requirements and thereby lowering maintenance costs.''


While customers, such as Boeing, begin small, most quickly grew into large-scale contracts. This tendency to retain clients and expand their dependence on Russian resources is explained when you take a closer look at the pains some of the top offshore vendors take to validate the quality of their development processes.

With Boeing being a big supporter of the Software Engineering Institute's (SEI) Capability Maturity Model (CMM), an industry-standard benchmark to assess an organization's software development process and methodologies, it demanded a partner that could match its own standards. Several divisions of Boeing, in fact, operate at CMM Level 5. Among the elite corps of about 200 companies that have achieved Level 4 or 5 CMM are dozens of offshore software developers. Only one U.S.-based software company made the grade. Luxoft, on the other hand, is Level 4 CMM, the highest rating in Russia. That makes it on a par with the big Indian developers.

Many analysts use SEIs model to advise clients about potential offshore vendors.

''I recommend to clients that they only deal with companies who are CMM Level 3 at least,'' said Gartner Group Research Director Rita Terdiman.

Buggy software, of course, isn't big news in America. What isn't well known, though, is the extent of the problem. According to the SEI, one third of IT development projects are cancelled before completion. The average budget overrun is 189%. The average schedule overrun for 'difficult projects' is 222%. And the delivered product generally only contains 61% of originally specified features.

Only 16% of software projects, in fact, are completed on time and one budget. On the other side of the coin, SEI figures reveal that organizations operating at CMM levels 3-5 operate at or close to budget and time line targets, and achieve an average of 5:1 ROI on development projects.

With so many offshore companies dominating the ranks of the highest CMM levels, it's no surprise that more than half the Fortune 500 currently use overseas software talent. Forrester Research reports that they save an average of 25% on development costs and that U.S. companies are expected to spend $17.6 billion on offshore outsourcing by 2005.

Russia is planning to take a large slice of that total. As well as having a well-educated talent pool, the Russian offshore industry offers distinct price advantages over India.

''With outsourcing to offshore development firms becoming a mainstream practice, competition is definitely growing from Russia in high-end, as well as low-end work,'' said AMR's Carrillo. ''Further, we are beginning to see offshore firms successfully go up against the big American consulting and integration firms for development and integration jobs.''
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News.com
File-swapping foes exert P2P pressure
By Declan McCullagh
August 13, 2002, 6:48 AM PT


news analysis WASHINGTON--The anti-piracy war is about to spill over onto the home front.
Until now, the entertainment industry has relied on civil lawsuits aimed at companies, not individuals, to limit widespread copyright infringement on peer-to-peer networks.


Napster fell to legal assaults, and MP3.com soon came under fire by the recording industry. MP3Board.com, Scour.com, and Sharman Networks, which markets Kazaa, have been targets of the entertainment industry's legal fusillades against suspected copyright infringers.



Now, however, the entertainment industry is revising its strategy. The new plan appears to extend the target beyond companies with an apparent declaration of legal warfare against individuals who the industry believes are swapping illicit songs or movies through peer-to-peer networks. The outcome could include jail time for those convicted of wrongful file swapping.

This move comes as copyright holders are striving to combat the continued popularity of peer-to-peer networks, which permit millions of people to link their PCs to a massive collection of files, some legal to distribute and some not. Napster's courtroom demise has not ended the popularity of such services, which are less centralized and more difficult to dismember with one legal stroke.

The new strategy relies on a two-pronged approach. Part one, as previously reported by CNET News.com, appears to widen legal efforts to include civil lawsuits against individuals.

Trading copyrighted wares without permission generally runs afoul of current federal law, which means that the Recording Industry Association of America (RIAA), if it chooses could pursue the matter in court. That has some benefits: If the RIAA wins a judgment, it can take a cut of the defendant's future paychecks and inheritances, and the debt does not disappear even if that person files for bankruptcy.

But suing individual pirates is expensive. Some of the most prolific file-swappers may have few assets to seize, and trying to hold parents financially responsible for their teenager's legally dubious online activities could become a public-relations nightmare.

Swap a song, go to jail?
Enter part two of the new strategy, which seeks to enlist the resources of the federal government in an attempt to put peer-to-peer pirates in federal prison.


Last Friday, Reuters reported that some of the most senior members of Congress are pressuring the Justice Department to invoke a little-known law: the No Electronic Theft (NET) Act.

Under the NET Act, signed by President Clinton in 1997, it is a federal crime for a person to share copies of copyrighted products such as software, movies or music with friends and family members if the value of the work exceeds $1,000. Violations are punishable by one year in prison, or if the value tops $2,500, not more than five years in prison.

That's a mighty weapon to wield against peer-to-peer pirates, especially when so many Americans are potential federal felons, but it seems likely that the Justice Department will honor Congress' request. The agency already has used the NET Act to imprison software pirates, a move that tech companies hailed as "an important component of the overall effort to prevent software theft."

During his confirmation hearing in June 2001, Attorney General John Ashcroft told Congress that, "Given the fact that much of America's strength in the world economy is a result of our being the developer and promoter of most of the valuable software, we cannot allow the assets that are held electronically to be pirated or infringed. And so we will make a priority of cybercrime issues."

Neither the Justice Department nor the RIAA commented when contacted on Monday.

A copy of the letter from Congress, seen by CNET News.com, complains of "a staggering increase in the amount of intellectual property pirated over the Internet through peer-to-peer systems." The 19 members of Congress--including Sen. Joseph Biden, D-Del., Rep. James Sensenbrenner, R-Wisc., and Sen. Dianne Feinstein, D-Calif.--urged Ashcroft "to prosecute individuals who intentionally allow mass copying from their computer over peer-to-peer neworks."

Peter Jaszi, a law professor at American University who is a critic of recent additions to copyright law, says he welcomes the idea of prosecutions under the NET Act.

"It's positive in the sense that this decision is going to make everyone aware of what the real stakes in this contest are," Jaszi said. On the other hand, he said, "I think (the industry) is going to have a tremendously difficult time trying to find judges and juries who will convict individuals who are engaging in content sharing of this type."

Any NET Act prosecution could send a chill through the entire peer-to-peer community inside the United States, with possible prison time for what most people seem to view as a harmless activity--illegal, perhaps, but easy to forgive--like speeding on an interstate highway.

Jaszi says any future trial "may become a trial of the whole question of whether we regard content sharing" as a criminal act.

Closing a loophole
Rampant file-swapping is precisely the activity that the NET Act was designed to punish. Rep. Bob Goodlatte, R-Va., the co-chairman of the Congressional Internet Caucus, drafted the NET Act to close what had become known as the "LaMacchia Loophole."


In 1994, David LaMacchia was a junior at the Massachusetts Institute of Technology who was charged with wire fraud for creating a file-swapping site on the Internet. But a federal judge dismissed the criminal charges, ruling that although LaMacchia could be sued in civil court, he was not guilty as charged. "It is not clear that making criminals of a large number of consumers of computer software is a result that even the software industry would consider desirable," U.S. District Judge Richard Stearns ruled.

A second section of the NET Act that does not include the $1,000 minimum limit could make prosecutions even easier. If a person links to a peer-to-peer network and shares copyrighted content against the law in "expectation" that others will do the same, that triggers felony penalties automatically.

Separately, Reps. Howard Berman, D-Calif., and Howard Coble, R-N.C., have introduced a bill that would permit nearly unchecked electronic disruptions if a copyright holder has a "reasonable basis" to believe that piracy is occurring on a computer connected to a peer-to-peer network.
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Lillie Coney
Public Policy Coordinator
U.S. Association for Computing Machinery
Suite 510
2120 L Street, NW
Washington, D.C. 20037
202-478-6124
lillie.coney@xxxxxxx