Clips October 7, 2002

[Lillie Coney <lillie.coney@xxxxxxx>]

Clips October 7, 2002

ARTICLES

Labels, Webcasters Reportedly Reach Deal [E-Royalty Rates]
Report Calls for Plan of Sharing Data to Prevent Terror [Privacy]
FBI official: Biometrics not ready for large-scale uses
Lawmakers Tuning In to New Media Issues [Legislation]
Music Industry in Global Fight on Web Copies [Piracy]
Codebusters Crack Encryption Key
Russian Hacker Sentenced to 3 Years
Army looking to outsource
Homeland proposal up in air
NIMA center to set geospatial standards
When duty calls Brenton Greene's [National Communications System]
Web site takes copyright fight to the Supreme Court
Study: National security needs more IT, defined powers
Hackware Author Arrested -- Maybe

***************************
Los Angeles Times
Labels, Webcasters Reportedly Reach Deal
Internet: Sources say the long-awaited pact calls for lower royalty 
payments by small online radio stations.
By JON HEALEY
October 7 2002

Record labels and small Internet radio stations reached a long-awaited 
agreement Sunday that calls for significantly lower royalty payments for 
online music broadcasts, sources close to the negotiations said.

Unless Congress changes the law quickly to implement the deal, however, 
these Webcasters will have to pay three years of back royalties Oct. 20 at 
the full rate set by the librarian of Congress. That rate--0.07 cent per 
song per listener, or $92 per listener per year for an all-music 
station--could drive many small Webcasters out of business.

The agreement Sunday came in response to pressure from leaders of the House 
and Senate judiciary committees, who are expected to take the lead in 
trying to implement a compromise through legislation. Lawmakers have been 
heavily lobbied by small Webcasters who fear that their industry will be 
destroyed if they are forced to pay high royalty rates.

The deal offers no relief to large Webcasters, such as Yahoo Inc.'s Santa 
Monica-based subsidiary Launch, or mid-size ones such as Radio Free Virgin 
in Los Angeles or Live365 in Foster City, Calif. Negotiations last week 
between the labels and large Webcasters on a long-term deal failed to bear 
fruit, despite signs of progress.

Sources on both sides of Sunday's deal, who spoke on the condition of 
anonymity, said it was a two-year agreement that calls for Webcasters to 
pay back and future royalties equal to 8% to 12% of their revenue or 5% to 
7% of their expenses, whichever was higher.

The deal, which also would let back royalties be paid in installments, 
initially applies only to Webcasters with less than $1 million in revenue.

One potential sticking point for the small Webcasters' deal is payments to 
artists. Today, the labels are bound by contract to pay about half of the 
Webcasting royalties directly to performing artists. Some artists' unions 
and trade groups are insisting that any legislation for small Webcasters 
should also mandate direct payments to artists, but the labels have not 
agreed to such a provision.

The artists unions flexed their muscles last week, lining up top Democrats 
to oppose a bill to delay Webcasting royalty payments for six months. The 
sponsor, House Judiciary Committee Chairman F. James Sensenbrenner Jr. 
(R-Wis.), withdrew the bill, avoiding almost certain defeat on the House floor.

Sensenbrenner is expected to take a bill implementing the deal to the House 
floor as early as today.

The proposed rate for small Webcasters is higher than the percentage of 
revenue that cable and satellite TV companies pay for their digital 
broadcasting services. Still, it would generate significantly smaller 
royalties than the 0.14 cent per song originally proposed by a federal 
arbitration panel, the source said.

The librarian of Congress cut the panel's proposal in half, but small 
Webcasters still pleaded for a percentage-of-revenue deal that would take 
into account the slumping advertising market. Large Webcasters favored a 
per-song royalty but were eager for a lower rate.
******************************
New York Times
Report Calls for Plan of Sharing Data to Prevent Terror
By JUDITH MILLER

A bipartisan report by some of the nation's leading information technology 
and national security experts recommends that the Bush administration 
develop a system to share intelligence gathered in the United States and 
abroad among local, state and federal agencies while developing guidelines 
to protect against abuses.

The 173-page report, which is scheduled to be released today, outlines what 
its authors call a "road map" for establishing truly national, 
decentralized information systems that would both protect privacy and 
prevent terror.

Toward that end, the report, "Protecting America's Freedom in an 
Information Age," strongly endorses giving responsibility for analyzing 
such information not to the Federal Bureau of Investigation, but to a new 
domestic intelligence center inside President Bush's planned Department of 
Homeland Security. Legislation to create the department is mired in 
Congressional wrangling over such issues as whether labor laws should apply 
to the agency's employees.

The study also calls upon President Bush to devise new guidelines on what 
information federal agencies may and may not collect about individuals in 
the United States and with whom, and under what circumstances, such data 
may be shared.

Finally, it warns that while Washington must play a critical role in 
gathering and analyzing data aimed at preventing terror, state and local 
officials will inevitably provide much of the information needed to protect 
the nation. Information systems that exclude them, or prevent them from 
receiving and contributing to such federal data, are destined to fail, the 
study concludes.

Unless information provided by state and local officials, as well as the 
private sector, is shared with Washington, "we may wind up getting all of 
the disadvantages of invasion of privacy with none of the national security 
gains," conclude the task force's co-chairmen, Zoë Baird, the president of 
the New York-based Markle Foundation, and James L. Barksdale, a businessman 
and former chief executive of Netscape.

Although the Bush administration did not commission the report or formally 
participate on the 44-member panel that studied the issues for more than 
six months, senior administration officials who followed the group's work 
praised the effort.

"This impressive group of people was definitely asking all the right 
questions, and have come up with some very reasonable first answers," one 
senior administration official said.

Several task force members are scheduled to meet today with Tom Ridge, the 
president's homeland security adviser, to discuss their findings. "They've 
gotten people who normally don't talk to one another  privacy advocates and 
former intelligence and national security officials  to agree on some basic 
prescriptions for safeguarding civil liberties and protecting America," the 
official said. "That's fairly impressive."

The study, sponsored by the Markle Foundation, was conducted with two 
influential research groups  the Brookings Institution and the Center for 
Strategic and International Studies  and with the Miller Center for Public 
Affairs at the University of Virginia. The center's president, Philip 
Zelikow, a former White House official who is close to Bush administration 
officials, is the task force's executive director.

"Our study shows that the information and technology that could have 
prevented the 9/11 attacks already exists," Mr. Zelikow said in an 
interview. "Had such systems been in place," he said, "Sept. 11 might have 
been the nation's most important intelligence coup, instead of a day of 
national tragedy."

The report says that while federal agencies are investing some $50 billion 
a year on information technology partly to prevent terrorism, "almost none 
of this money is being spent to solve the problem of how to share this 
information and intelligence among those agencies." In this fiscal year's 
$38 billion request for domestic security, for instance, the Bush 
administration has asked for only $200 million for "information 
integration, and is having trouble getting even that."

Ashton Carter, a professor at the Kennedy School of Government at Harvard 
University and a former defense official, said the group's endorsement of 
presidential guidelines for safeguarding privacy was based on the standards 
developed by the National Security Agency, which monitors telephone and 
electronic communications overseas. The agency has "a good history of 
discipline" about monitoring conversations of Americans abroad, he said.

The report argues strongly for automated, interactive information systems 
that include data collected by the private sector as well as tips from 
local and state agencies, which the study calls the "real front lines of 
homeland security." The F.B.I. has 11,500 agents, but there are more than 
50 times as many state and local law enforcement officers. Whereas the 
F.B.I. has some 100 analysts working on domestic counterterrorism 
intelligence, the report states, the Los Angeles Police Department alone 
has 40 such analysts, and New York's counterterrorism effort is larger still.

"America will make a mistake if we create an old-fashioned centralized 
mainframe supercomputer architecture rather than a network of personal 
computers," Ms. Baird said.

Treading carefully in one of the most sensitive policy areas, particularly 
for conservative Republicans, the task force avoids recommending the 
creation of a stand-alone domestic collection agency  such as Britain's 
MI-5  or placing that responsibility under the F.B.I.

"The people running criminal investigations should not be seeking all kinds 
of information from businesses, state and local officials all over the 
country," Ms. Baird said.

The case for "fundamental separation" of criminal investigation and 
domestic counterintelligence "is strong," the report concludes.
****************************
Government Computer News
FBI official: Biometrics not ready for large-scale uses
By Dipka Bhambhani

Agencies are not yet ready to deploy biometrics on a large scale, an FBI IT 
official said, and projects like the agency's own U.S. Border Control Entry 
and Exit System have a long way to go.

"Biometric identification is not a technology that is applicable on an 
agencywide basis," Selena Hutchinson, the FBI's acting deputy CIO, said in 
an interview.

The FBI has been using fingerprint indicia for the past decade to identify 
criminals and do background checks on its own employees with its Integrated 
Automated Fingerprint Identification System (IAFIS) system. The Defense 
Department can use biometrics for its Common Access Cards.

"In all cases, biometrics are used in context of the mission and not 
agencywide," Hutchinson said.

She said agencies can learn from some of her own challenges implementing 
and using IAFIS. "The implementation of biometrics technology in the 
context of large-scale identification systems is a very complex task that 
requires the development of new business processes that must meet often 
contradictory requirements," Hutchinson said.

Agencies must work together, continue to investigate vendors productsand 
stick with fingerprints. Fingerprint technology is the only biometric used 
on a large scale, she said.

"The processes must provide security, rapid processing, minimal impediment 
to travel, be socially acceptable, and meet legal and international treaty 
requirements," she said.

At a biometrics conference in Arlington, Va., in September, Hutchinson said 
that new systems already impose complex operational requirements making 
user cooperation an integral part of the system's success.

"The development of these business processes requires careful analysis and 
planning," she said.
****************************
Los Angeles Times
Lawmakers Tuning In to New Media Issues
Technology: From file sharing to digital TV, members of Congress are 
pushing bills that would affect everyday lives of Americans.
By EDMUND SANDERS and JON HEALEY
October 6 2002

WASHINGTON -- Rep. Howard L. Berman has a daughter who's a big fan of 
downloading music online, but the Mission Hills Democrat is sponsoring a 
bill that might block file-swapping.

Then there's Rep. W.J. "Billy" Tauzin (R.-La.), who was so mesmerized by 
the crystalline images of a high-definition TV Super Bowl broadcast that 
he's pushing the nation to adopt digital television, a costly transition 
that would require millions of Americans to replace their TV sets.

And Sen. Ernest F. Hollings (D-S.C.) made a fan of Walt Disney Co. by 
introducing a bill requiring anti-piracy devices in new technology, but 
he's the entertainment industry's staunchest foe in blocking big media mergers.

As Hollywood starts to take center stage again in Washington, 
lawmakers--for different reasons--are promoting legislation that would have 
a significant effect on consumers' everyday activities, including buying 
TVs, taping favorite programs and downloading songs. Unlike past 
congressional efforts that centered on complaints about sex and violence in 
movies and songs, the current battles concern more arcane topics, such as 
analog versus digital TV or copyright infringement.

Although entertainment issues can lead to more headlines and fatter 
campaign chests, messing with Americans' television sets or restricting how 
they use their computers is fraught with political risk.

Tauzin, who as a member of the House Energy and Commerce Committee has 
tackled Enron Corp. and energy reform, is facing one of his biggest gambles 
in an effort to push the nation toward digital TV. After criticism two 
weeks ago about the potential cost to consumers, the lawmaker distanced 
himself somewhat from a proposal, written by his staff, that would have 
required consumers to buy expensive digital TVs or obtain converter boxes 
to keep their current sets working after Dec. 31, 2006.

"There's no more dangerous place in America than getting between an 
American consumer and his television set," Tauzin said.

When Berman returned home this summer to find out what constituents were 
thinking, he was surprised to learn that outrage over his file-sharing bill 
was as strong, and sometimes stronger, than concerns about a possible 
invasion of Iraq.

"I knew this would be a controversial idea and I liked that," Berman said. 
"But I've been surprised at how the bill has been mischaracterized."

Lure of a Challenge

Despite the risks, politicians find entertainment-related issues hard to 
resist, in part because they strike a chord with voters.

"The risk is there can be repercussions if your name is attached to a plan 
that has gone awry," said Andy Spahn, who was an aide to former Sens. Gary 
Hart of Colorado and Alan Cranston of California and now handles political 
affairs for DreamWorks SKG. "But if you demonstrate leadership and 
effectiveness, it's something you can campaign on."

Rep. Rick Boucher (D-Va.) has established himself as a dependable ally of 
technology companies and their customers. But he faces fierce opposition 
from a wide array of entertainment and publishing companies for his 
proposed Digital Media Consumer Rights Act, which would strengthen consumer 
rights to make copies of songs and movies.

Sen. Orrin G. Hatch (R-Utah) is one of the architects of a 1998 law 
intended to make the Internet safe for copyright holders and new digital 
distribution businesses. The law has helped record companies in their fight 
against piracy, but Hatch isn't in the labels' corner now. For two years he 
has prodded them to embrace the Internet and treat artists better by 
avoiding exploitative contracts and irregular accounting for royalties. And 
he's losing patience.

Lawmakers probably won't pass any laws related to entertainment or media 
until next year. But behind-the-scenes work, lobbying and bill-drafting are 
underway.

Tauzin said he realized the potential for digital television while 
attending a Super Bowl game as a guest of Disney. During important plays, 
he would watch a 50-inch high-definition TV set in the luxury box rather 
than watch the live action.

"The picture was so much better," said Tauzin, a self-described TV addict 
who now has his own digital set.

Tauzin is preparing to introduce a bill that would speed the rollout of 
digital TV, a technology that promises richly detailed pictures, CD-quality 
sound and dozens of extra channels. He adopted the digital TV cause when it 
became clear that the major TV industries would miss the 2006 digital 
conversion date that was set in a 1996 law he helped write.

Getting TVs to move at "computer speed" is vital for the nation, Tauzin 
said, and will help spur the rollout of high-speed Internet access.

"Television has to migrate to digital," Tauzin said.

The transition to digital TV has prompted a lobbying melee among cable 
operators, broadcasters, set manufacturers and Hollywood studios. But such 
squabbling can be a boon to a Capitol Hill deal maker because it may 
generate heavy campaign contributions from all sides, said Larry Noble, 
executive director of the Center for Responsive Politics in Washington. 
Tauzin has received about $62,000 in contributions in the current election 
cycle, from 2000 to 2002, from entertainment and cable companies, and 
$2,000 from consumer electronics makers, the center said.

Technology Battle

Berman is trying to tackle another problem that has vexed Congress: file 
sharing. The recording industry says it is losing billions through the 
illegal online trading of copyrighted music files, but the file-swapping 
networks have attracted millions of young people.

His Peer-to-Peer Piracy Prevention Act would give entertainment companies 
more leeway to block copyrighted materials on file-sharing networks, 
letting them jam users' computers electronically and mount other technical 
counterattacks. Berman said he was attracted by the idea of allowing 
entertainment companies and file-sharing networks to duke it out with new 
kinds of technology.

But Berman's bill also may "sanction a Wild, Wild West" in which record 
companies and file-sharing networks unleash ever-evolving technology in 
which innocent consumers get hurt, warned Gigi Sohn, president of Public 
Knowledge, a public interest group opposed to the bill.

She noted that Warner Bros., producer of the movie "Harry Potter and the 
Sorcerer's Stone," increasingly relies on automated software that searches 
the hard drives of network users for pirated versions of the hit movie. The 
studio recently demanded that an Internet service provider terminate a 
child's account after the software program mistook the child's "Harry 
Potter" book report for a pirated copy of the movie.

Berman and some of his bill's co-sponsors say they have been astounded by 
the avalanche of criticism they have received since introducing the bill. 
He's been spending lots of time defending the legislation and attempting to 
explain to young people the harm of illegal file-sharing, including to his 
22-year-old daughter.

"We talk about it, but I'm not sure I've stopped her from doing it," Berman 
said.

He says his staff came up with the idea for the bill, not industry groups. 
Still, the legislation has enhanced his standing with industry players. 
Berman is frequently among the top recipients of campaign contributions 
from Hollywood. In the current election cycle, Berman has collected 
$192,000 from TV, music and other media companies and their employees, 
according to the Center for Responsive Politics.

Another bill coveted by the entertainment industry is Hollings' proposed 
Consumer Broadband and Digital Television Promotion Act, which would 
require computer and consumer electronics manufacturers to install 
government-approved anti-piracy technology in digital audio and video 
devices. The bill is a response to demands by Hollywood studios for more 
protection from free swapping of films and TV programs over the Internet.

The populist Hollings is a surprising emissary for the entertainment 
industry on the anti-piracy front, given his battles with media 
conglomerates on another issue they care deeply about: relaxation of media 
ownership rules. Concerned that media companies are growing too large and 
powerful, Hollings is threatening to block the Federal Communications 
Commission, which his Senate Commerce Committee oversees, if the FCC moves 
too aggressively to lift ownership limits.

Diametrically opposed to Hollings' anti-piracy legislation, Boucher has 
become the technology industry's point man on fair use--the provision of 
copyright law that gives people some freedom to make copies of books, music 
and movies for personal use. Boucher on Thursday introduced a bill to 
ensure that copyright owners can't use the 1998 Digital Millennium 
Copyright Act to roll back the fair-use rights of consumers, libraries and 
others who buy media in digital formats.

"The fair-use debate ... is the next most important issue that we have to 
address," Boucher said. "Fair use is fundamental to the vibrant exercise of 
our democracy, because the right to speak relies upon the right to use a 
broad array of information."

The 1998 law makes it a crime for anyone to pick an electronic lock that 
controls access to a digital book, song, game or video, even if the person 
paid for, say, a DVD copy of "Shrek" and wanted to take a copy of the film 
on a trip. This anti-circumvention provision, Boucher said, has alarmed 
libraries, universities, telecommunications companies and electronics 
manufacturers, all of whom worry about the public's ability to use 
copyrighted material.

"Most of these [technology] companies would tell you that the single most 
important thing that we need to do today is achieve the broad deployment 
into homes and businesses of [high-speed Internet] architectures," he said. 
And consumers won't demand these broadband connections, Boucher said, 
unless they can enjoy downloadable music, movies and other material freely 
in their homes, cars and other places.

Songwriter's Crusade

In the post-Napster era, Hatch is the only member of Congress with multiple 
CDs of songs for sale online. A 26-year veteran of the Senate and a leader 
on copyright issues, Hatch said he started writing inspirational songs in 
1995, partly because he wanted to learn more about the inner workings of 
the music industry.

Not long after penning his first tunes, Hatch helped push through Congress 
two bills designed to turn the Internet into a profitable new distribution 
pipeline for the record labels and other entertainment companies. The 
first, in 1996, created a "digital performance right" that entitled labels 
and artists to collect royalties from Internet radio stations. The second, 
the Digital Millennium Copyright Act, gave copyright owners a host of tools 
to combat piracy as an incentive for them to embrace the Net.

But those bills haven't borne the fruit he expected, Hatch said, despite 
his campaign for the record labels to "take advantage of the Internet for 
the benefit of artists and fans." One sore point is the fate of Napster, 
the pioneering and now bankrupt online file-sharing service. After being 
introduced to Napster in 1999, Hatch unsuccessfully pressed the labels to 
strike licensing deals that would transform the popular service into a 
legitimate business before file-sharing piracy became a global problem. 
Although some legitimate online music sites run by record companies are 
slowly gaining momentum, Hatch said, "I am disappointed that we haven't 
gone faster in this area."

Recently, Hatch has urged the labels to make out-of-print recordings 
available online and has circulated a measure that would compel the labels 
to give online music distributors access to those recordings, a move Hatch 
thinks would help artists and consumers by reviving sales of out-of-print 
recordings.

The Judiciary Committee hasn't been as active on music issues since 
Democrats took control of the Senate and the panel.

Still, Hatch said, he hopes to have more hearings next year and possibly 
move some legislation.

"We've got to find some way that puts incentives to the creative side of 
this endeavor," he said.

Sanders reported from Washington, Healey from Los Angeles.
*******************************
New York Times
Music Industry in Global Fight on Web Copies
By AMY HARMON

Having vanquished the music swapping service Napster in court, the 
entertainment industry is facing a formidable obstacle in pursuing its 
major successor, KaZaA: geography.

Sharman Networks, the distributor of the program, is incorporated in the 
South Pacific island nation of Vanuatu and managed from Australia. Its 
computer servers are in Denmark and the source code for its software was 
last seen in Estonia.

KaZaA's original developers, who still control the underlying technology, 
are thought to be living in the Netherlands  although entertainment lawyers 
seeking to have them charged with violating United States copyright law 
have been unable to find them.

What KaZaA has in the United States are users  millions of 
them  downloading copyrighted music, television shows and movies 24 hours a 
day.

How effective are United States laws against a company that enters the 
country only virtually? The answer is about to unfold in a Los Angeles 
courtroom.

A group of recording and motion picture companies has asked a federal judge 
to find the custodians of KaZaA liable for contributing to copyright 
infringement and financially benefiting from it. If the group wins, it 
plans to demand an immediate injunction. Sharman would then have to stop 
distributing KaZaA or alter the program to block copyrighted material, 
which it says is not possible because of how its technology works.

Sharman asked the court last week to dismiss the case, asserting that 
because the company has no assets or significant business dealings in the 
United States, the court has no jurisdiction over it. Moreover, the company 
said, because the Internet does not recognize territorial boundaries, 
anything Sharman does with KaZaA at the behest of a judge in Los Angeles 
would affect 60 million users in over 150 countries. Arguments are 
scheduled for Nov. 18.

"What they're asking is for a court to export the strictures of U.S. 
copyright law worldwide," said Roderick G. Dorman, a lawyer for Sharman. 
"That's not permitted. These are questions of sovereignty that legislatures 
and diplomats need to decide."

Legal experts say the Los Angeles judge, Stephen V. Wilson of Federal 
District Court, may well decide his court has jurisdiction over Sharman 
because Americans download software from its Web site and the company makes 
money from showing them advertisements.

The struggle over how to apply sometimes conflicting national laws to a 
medium that pays little mind to geographic boundaries is likely to remain 
at the heart of the lawsuit, if it proceeds. While there is broad 
international agreement on what constitutes direct copyright infringement, 
the penalty for those who enable others to infringe has not yet garnered 
such consensus.

None of the entities being sued in association with KaZaA distribute 
copyrighted material themselves. Instead, the software enables millions of 
people to search for files on each other's personal computers when they are 
connected to the Internet. When a KaZaA user types the name of an artist or 
title into a search box, a list of matching files that other users have 
placed in a "shared" folder on their hard drives appears on the screen. The 
user can then click on an item to download a copy.

Under the copyright law of most countries, people who use software like 
KaZaA to download copyrighted material from each other would almost 
certainly be liable for infringement. The conflict is over whether 
distributing software that makes it easy for people to break the law is 
itself a copyright violation.

"The question is whether there is liability in making it possible to 
infringe," said Jane C. Ginsburg, a professor at Columbia University who 
teaches international copyright law. "If there are genuine markets for the 
software in different countries, it could be very difficult to figure out 
which law to apply."

In the Napster case, a federal appeals court in San Francisco found that 
the company was likely to be held liable for violating United States 
copyright law and ordered it to stop operating until the case could go to 
trial. Napster has since filed for bankruptcy and its service has been 
defunct for more than a year.

An appeals court in the Netherlands, however, ruled earlier this year that 
it was legal to distribute the KaZaA software there. "Insofar as there are 
acts that are relevant to copyright, such acts are performed by those who 
use the computer program and not by KaZaA," a translation of the court's 
ruling provided by Sharman's lawyers says.

That case is on appeal to the highest court of the Netherlands, but music 
industry lawyers say it has little bearing on the KaZaA case in Los 
Angeles, even if it is upheld. The global reach of the Internet, they say, 
does not take away the right of the United States to enforce its laws when 
they have an impact on its citizens, within its borders.

"The copyright industries around the world are not going to stand still and 
let other companies build businesses off the sweat of their brow simply 
because they're willing to set up shop in some other country," said Matt 
Oppenheim, a lawyer for the Recording Industry Association of America.

Nearly three million people typically use the KaZaA Media Desktop software 
at any given time, collectively providing access to half a billion files, 
Sharman said, roughly double Napster's usage at its peak. In addition to 
music, KaZaA makes it possible to trade other digital files, including 
pictures, text and video.

Although a vast majority of files exchanged with the software appear to be 
copyrighted works, people also use it to trade material that is not subject 
to copyright restrictions. For that reason, critics have said that banning 
it would unnecessarily restrict speech and technological innovation. They 
say Hollywood is simply trying to avoid the daunting process of pursuing 
individual users, and a potential public relations backlash from suing its 
own customers.

But the entertainment industry has so far prevailed in all of its legal 
actions against companies based in the United States that they have accused 
of contributing to infringement. Napster, Aimster and Audiogalaxy have 
either shut down or altered their services. Sharman's assertion that it 
cannot change its software to screen out copyrighted material, 
entertainment lawyers suggest, has more to do with the advertising revenue 
it would lose once people could no longer download popular music and movies 
than with technological reality.

Two other companies whose software enables file trading are named in the 
Los Angeles case. But one of those, StreamCast Networks, the distributor of 
a program called Morpheus, is based in the Nashville suburb of Franklin. 
The other, Grokster, is incorporated in the West Indies but is owned by a 
California family.

The difference with Sharman is that even if the entertainment companies win 
their lawsuit, the enforcement of any judgment may rely entirely on legal 
authorities in other nations, and their cooperation is not assured. Last 
year, for instance, a federal court in San Jose, Calif., declined to honor 
the judgment of a court in France that prohibited Yahoo from displaying 
Nazi materials to French citizens visiting its auction Web site. The court 
said the First Amendment principles of the United States trumped the French 
ruling, and it would not be enforced.

The Sharman case may well raise again the unsettled question of whether 
Internet companies should be forced to adhere to the laws of every country 
whose citizens have access to their Web sites.

Some copyright experts object to that notion, on pragmatic grounds and 
because they say it contradicts the Jeffersonian principle that governments 
derive their powers from the consent of the governed. But the alternative, 
for a company to be bound only by the laws of the country where it is 
headquartered, could lead to a race to incorporate in countries whose laws 
are the most lax.

Sharman officials have said that the company is registered on Vanuatu 
because of its favorable tax conditions, and that it will abide by the laws 
of Australia. Australia is one of nearly 150 countries that have signed the 
Bern Convention for the Protection of Literary and Artistic Works, which 
sets minimum levels of copyright protection.

Jurisdictional issues aside, Sharman's lawyers say that their software is 
fundamentally different from Napster's because the company's servers do not 
control a central index of what files reside on which of its users' 
computers. The company says that even if it ceased operations entirely, 
people who already have the software would be able to exchange files.

The Hollywood companies suing Sharman dispute the assertion that it has no 
control over the network of people who use it. Meanwhile, they are still 
sorting out who owns what with respect to the KaZaA program, and what 
continent they are on.

Nikki Hemming, the chief executive of Sharman, which is based in Sydney, 
Australia, is scheduled to meet with the entertainment industry's lawyers 
soon to give a deposition, though at the request of her lawyers, the 
meeting will probably take place in Canada. Niklas Zennstrom and Janis 
Friis, who developed the software, are being sought in Europe. And 
according to a lawyer for the record industry, the programmers in Estonia 
who once possessed a copy of the program's source code told a judge there 
last week that they no longer had it, but they would not say where it was.
*****************************
Wired News
Codebusters Crack Encryption Key
By Andy Patrizio

It took four years, 331,000 participants and a difficult legal case, but 
the relentless efforts of Distributed.net and its supporters have finally 
broken a 64-bit encryption key developed by RSA Data Securities.

When Distributed.net set up shop in 1997 to test various forms of 
encryption by essentially breaking through them, organizers figured it 
could take 100 years to uncover the RC5-64 sequence due to limited computer 
power and the fact that so many people would have to participate in the 
effort. Still, they forged ahead.

"We had confidence the rate would improve and that Moore's Law would help 
us cut down on that time," said David "Nugget" McNett, president of 
Distributed.net.

Not to mention a $10,000 reward put up by RSA -- along with Distributed.net 
and the Free Software Foundation, which provided the software used in the 
effort -- that would go to the person who found the secret message.

There was so much data to analyze for the project that when the key was 
eventually found in mid-September, McNett and his crew of participants 
around the world initially overlooked the winning entry. It read: "The 
unknown message is: Some things are better left unread."

The man who discovered the secret message used a 450-MHz Pentium II to find 
the solution. A resident of Tokyo, Japan, he has asked to remain anonymous.

With so much time and hardware needed to process the keyspace, it would 
seem that 64-bit encryption is secure, right? McNett isn't convinced. 
"(It's) safe for any secret that's not still a secret in two years," he 
said. "I certainly wouldn't use it to keep the secret formula to Coca-Cola 
a secret. People with secrets to keep should factor in not only the 
importance of the secret but the timeliness."

While the accomplishment of breaking the 64-bit encryption standard is 
noteworthy, there are even greater challenges ahead for Distribution.net.

Next up is breaking through RC5-72, RSA's next highest encryption key. RSA 
also has a 128-bit key, but trying to break a key that long is practically 
impossible because there are so many combinations of keys to consider, 
McNett said.

"Major advances would have to be made in keyrate processing before that 
would be even approachable," he said.

Along with SETI@Home, Distributed.net was one of the earliest distributed 
computing projects - so-called because it split up a massive computing 
problem into small, manageable pieces solved by a large number of 
volunteers running programs on their individual computers.

The nonprofit organization, based in Austin, Texas, relies on contributors 
to provide both servers and bandwidth. Two years ago, it merged with United 
Devices, a commercial operation that runs a distributed computing project 
geared toward finding cancer treatments.

During the past two years, the quest to break RC5-64 has endured its share 
of intrigue.

There was the legal case involving David McOwen, who was fired from his job 
at DeKalb Technical College and charged by the state of Georgia with 
putting the Distributed.net client on school computers without permission. 
The case outraged supporters of distributed computing projects, who raised 
more than half McOwen's $20,000 legal bill. The case was eventually settled.

At one point, a laptop owned by one of the project's participants was 
stolen. Fortunately, the thief didn't realize that a program was running in 
the background on the computer he had swiped. When he connected the machine 
to the Internet, it reconnected the laptop to the Distributed.net servers, 
and the organization was able to track down the thief using his IP address.

"Sort of like LoJack for the computer," chuckled McNett.
****************************
New York Times
Protesting the Big Brother Lens, Little Brother Turns an Eye Blind
By JOHN MARKOFF

AN FRANCISCO, Oct. 6  Confronted with the unblinking eyes of surveillance 
cameras, Michael Naimark believes he can hide in plain sight with the aid 
of a $1 laser pointer.

Mr. Naimark, a Silicon Valley artist and technologist, decided to try 
turning the tables on what he saw as the potential for Big Brother 
surveillance after the Sept. 11 attacks.

His is a Little Brother response: using inexpensive laser pointers to 
temporarily blind those omnipresent electronic eyes. He plans to post his 
13-page, single-spaced treatise on the subject this week on his Web site, 
www.naimark.net.

"The question `if a camera's aimed at me can I not be in the image?' became 
a haunting obsession," he said. "The answer is yes."

But in these security-conscious times, one person's civil liberties can be 
another's shortsighted anarchy.

"It's possible that Harry Potter's invisibility cloak may not be viewed as 
a good thing for the community," said Kevin Kelly, an editor at Wired 
magazine. "We have laws prohibiting jamming police radar. It will be 
interesting to see if camera-jamming becomes illegal."

Nonetheless, Mr. Naimark's obsession is emblematic of a national debate 
that is growing as video cameras proliferate  a proliferation that results 
both from falling monitoring costs, made possible by the Internet, and 
increasing safety concerns in the face of crime and terrorism.

In his research, Mr. Naimark discovered that there was already military 
literature widely available about using lasers to blind sensors, and that 
it was relatively simple to become invisible in front the cameras that now 
watch over many public spaces in this country.

"I began by aiming an inexpensive laser pointer directly into the lens of a 
video camera," he writes. "The results were striking. The tiny beam 
neutralized regions of the camera sensor far larger than the actual size of 
the beam. Properly aimed, it could block a far-away camera from seeing 
anything inside of a large window."

While Mr. Naimark acknowledged that he had some ethical discomfort about 
his project because his information could be useful to terrorists, he 
decided to go ahead.

"My interest and motivation is to provide the creative community with some 
stimulating and provoking stuff," he writes. "These are stimulating and 
provoking times."

In recent weeks there have been a growing number of incidents involving 
video-surveillance cameras, ranging from the mother who recently 
surrendered after she was recorded hitting her 4-year-old daughter in an 
Indiana parking lot to a man who filed a $1.5 million lawsuit against the 
Marriott hotel chain last month after discovering a video camera hidden in 
a bathroom light fixture.

The growing reliance on surveillance is giving some of the pioneers of the 
video camera industry second thoughts.

"I have lots of worries about how this technology is being used," said John 
Graham, who is the founder of BroadWare Technologies, a Cupertino, Calif., 
maker of software for video-camera networks, and who was one of the first 
researchers to send audio and video over the Internet.

"I've become Big Brother, but I didn't mean to be," Mr. Graham said. "It's 
just that there's no money in education or scientific collaboration."

The rush to surveillance in the wake of Sept. 11 is revitalizing a growing 
group of civil liberties activists who, like Mr. Naimark, are determined to 
limit the spread of networks of inexpensive video cameras that are 
appearing in virtually all public spaces.

In New York City, the Surveillance Camera Players, a guerrilla theatre 
troupe, is placing hand-drawn maps of video camera locations on the 
Internet and staging brief politically inspired performances in front of 
the cameras.

The group was co-founded by Bill Brown, an American literature scholar, who 
said the troupe was sympathetic to Mr. Naimark's opposition to the 
ubiquitous video eyes but took a different tack, highlighting the emerging 
surveillance world through a series of street parodies.

"His methods are quite different from ours," Mr. Brown said. "We're 
philosophical anarchists. We never engage in illegal activity, but we 
believe the greatest weakness of those who operate the surveillance systems 
is that they require secrecy."

One person who said he occasionally sees Mr. Brown's group perform is Brian 
Curry, the chief executive and founder of EarthCam, based in New York City, 
which makes surveillance camera systems and operates a network of seven 
cameras aimed at Times Square that constantly beam video images over the 
Internet.

His Web site, www.earthcam.com, attracts 50,000 to 75,000 visitors each 
day, Mr. Curry said, and he frequently sees people standing in Times Square 
waving at his cameras while they talk on their cellphones.

"We're offering a window on the world that is very much like sitting in a 
restaurant and looking out on the street," he said. "To try to inhibit this 
by saying it represents a brave new society where people are losing their 
privacy is far-fetched."

EarthCam's business changed after Sept. 11, he said, because there was an 
increased reluctance to travel and more interest in using video cameras 
rather than personal visits.

He also argued that the Internet video camera fills a social role in a 
changing society where people no longer know their neighbors, taking the 
place of the neighbor who would keep an vigilant eye on a neighborhood.

"People move a lot, and they're not home a lot," he said. "Internet cameras 
have helped fill the gap."

Indeed for some, the Internet camera is a step toward a global village. 
Gregory P. Galanos of Mobius Venture Capital in Silicon Valley now keeps a 
remote eye on his second home on a Greek island, where he has installed 
four cameras that send pictures over the Internet each hour. He can see 
ships passing and watch workers remodeling his home. "It gives me peace of 
mind," he said.

That is not the view of a group of privacy advocates in Washington, who are 
suing the Metropolitan Police Department under the Freedom of Information 
Act to force disclosure of technical information about a network of video 
cameras that has been established in the city.

The value of video cameras to improve safety and detect terrorists has been 
greatly overrated, according to Marc Rotenberg, the executive director of 
the Electronic Privacy Information Center, a nonprofit advocacy group based 
in Washington.

Like the Surveillance Camera Players, Mr. Rotenberg said he worries that 
while Internet-viewable cameras might offer entertainment, there are other 
networks of private and law enforcement cameras that collect information 
secretly on behalf of the government.

"There has been a reduction in privacy and there has been an expansion in 
government secrecy," he said. "We give up our privacy, but we don't gain 
openness in exchange."

That view contrasts sharply with that of David Brin, a physicist and author 
who has argued that universally accessible cameras will increase 
transparency in modern society without encroaching on traditional civil 
liberties.

"My metaphor is that databases are expansions of human memory and the 
cameras are the extension of human vision," he said, adding that the 
challenge is to make certain that new laws have provisions for "watching 
the watchers."

Such a viewpoint upsets other civil libertarians, who see the growing 
encroachment of video cameras as simply deepening the power of law 
enforcement and society's elites.

"I sometimes wonder if I'm living on the same planet as David Brin," said 
Philip E. Agre, an associate professor of information studies at the 
University of California at Los Angeles. "Everyone can watch the common 
people, but that has nothing to do with the political question of who can 
watch the powerful."

Mr. Naimark, the artist who believes he can disable security monitors, said 
he would be satisfied if he stirred debate on surveillance.

"One role of the artist in the contemporary world is to hold a mirror up to 
society," he said. "The artist is a social critic, and the artistic angle 
is in exposing and revealing and provoking things."
*****************************
Associated Press
Russian Hacker Sentenced to 3 Years
Sat Oct 5, 3:39 AM ET

SEATTLE (AP) - A Russian man snared in an FBI ( news - web sites) scheme to 
catch computer hackers has been sentenced to three years in prison for 
convictions on 20 counts of conspiracy, fraud and related computer crimes.



Vasily Gorshkov, 27, of Chelyabinsk, Russia, was also ordered by U.S. 
District Judge John Coughenour to pay restitution of nearly $700,000 for 
losses he caused to Speakeasy Network of Seattle, and the online credit 
card payment company PayPal of Palo Alto, Calif., U.S. Attorney John McKay 
said Friday.

Gorshkov was one of two men from his home town persuaded to travel to the 
United States as part of an FBI probe into Russian computer intrusions 
directed at Internet Service Providers, e-commerce sites and online banks 
in the United States.

The FBI set up a bogus Seattle computer security company called Invita 
Security to snag the hackers, inviting them to demonstrate their skills. 
They arrived Nov. 10, 2000, and met with undercover FBI agents, ostensibly 
to discuss a partnership.

Gorshkov discussed their hacking prowess at that videotaped meeting and 
took responsibility for various hacking activities, the U.S. attorney said 
in a statement. Gorshkov shrugged off any concern about the FBI, saying the 
agency could not get them in Russia.

As the Russians demonstrated their skills at the shell company, the FBI 
used what amounted to computer eavesdropping to gather the tools it needed 
to reach across the Internet and break into their computer system in Russia.

The men were arrested after the meeting.

Alexey Ivanov, 23, was transported to Connecticut to face charges in a 
computer intrusion at the Online Information Bureau of Vernon, Conn. The 
status of his case was not immediately known late Friday.
*****************************
Federal Computer Week
Army looking to outsource
BY Dan Caterinicchia
Oct. 4, 2002

Army Secretary Thomas White said the service cannot truly transform unless 
its business processes are part of the plan. Therefore, he said the Army 
will "privatize every non-core function" that it can develop a good 
business case for  including information technology and communications 
positions.

The Army already has begun the outsourcing process for work on its family 
housing units  some of which are in decrepit condition  and will spend $700 
million to privatize that area in fiscal 2003, with work to be completed by 
2007, White said. He added that any non-core IT and communications 
functions also could be outsourced.

"We're already doing that business with [the Defense Information Systems 
Agency], where roughly 85 percent of the work is outsourced," White told 
Federal Computer Week immediately following an Oct. 3 luncheon speech 
sponsored by the Washington, D.C., chapter of the Armed Forces 
Communications and Electronics Association.

The decision to privatize any IT or communications areas would be made by 
the Army's new Network Enterprise Technology Command (Netcom), White told 
FCW, but "anytime we can take a non-core function and get a value 
proposition for it, we'll do it."

Netcom, which officially launched Oct. 1, was created to manage the Army's 
IT and networks enterprisewide.

Most of White's speech focused on the Army's ongoing transformation and 
transition to the Objective Force, which will transform the service's 
forces to make them better able to survive an all-out fight.

Employing a popular business term, White said the quality of the Army's 
personnel is the key to maintaining a "sustainable competitive advantage" 
as the world's premier Army. "And whether we leverage that with technology 
is really the challenge of transformation," he said.
***************************
Federal Computer Week
Homeland proposal up in air
BY Judi Hasson
Oct. 7, 2002

President Bush's plan to reorganize the federal government with the 
creation of the Homeland Security Department has stalled due to a dispute 
over union membership and other protections for federal employees who will 
work there.

Although the legislation moved quickly through the House, the Senate has 
not been able to reach an agreement about the rights of 170,000 workers who 
would move into the new department from various agencies, including the 
Customs Service, the Immigration and Naturalization Service and the Coast 
Guard.

Bush wants more flexibility in managing those workers, including removing 
them from unions if they are involved in homeland security-related work. 
However, the Senate has resisted such changes.

With only a few days left until the Senate recess, lawmakers said Oct. 1 
that it was extremely unlikely that Congress would complete work on the 
legislation before the November elections.

"The bill's on a life-support system," said Sen. Fred Thompson (R-Tenn.).

The reorganization would be the biggest for the federal government since 
1947  when the War Department was renamed the Defense Department  and would 
limit the power of some agencies in their traditional roles.

Sen. Zell Miller (D-Ga.) said the public would have some very tough 
questions if another terrorist attack were to occur and the United States 
did not have the department in place. "There's going to be a lot of 
second-guessing," he said. "Why? Why in the world did you put workers' 
protection above the protection of American lives?"
*************************
Federal Computer Week
NIMA center to set geospatial standards
NCGIS reflects agency's new role as information resource
BY Dan Caterinicchia
Oct. 7, 2002

The National Imagery and Mapping Agency is establishing a center to address 
standards and interoperability issues related to technologies, data 
architecture and software used by the private sector and the defense, 
intelligence and homeland security communities.

The National Center for Geospatial Intelligence Standards (NCGIS) will 
oversee NIMA's evolution toward an enterprisewide standards management 
policy for the National System for Geospatial Intelligence, said retired 
Air Force Lt. Gen. James Clapper, NIMA's director.

Teri Dempsey, NIMA's chief geospatial intelligence standards officer, will 
lead NCGIS. The center will help ensure a standards-based 
approach  essential for interoperability. Center officials hope to boost 
interoperability:

* Among traditional military service and command users of geospatial 
intelligence.

* For operational plans that include international partners, as well as the 
agency's domestic counterparts.

* Across the geospatial intelligence enterprise, which includes imagery, 
imagery intelligence and geospatial information produced by NIMA, as well 
as in collaboration with other nations and the private sector.

* Throughout the numerous components of tools, equipment, training and 
people that form the national system.

NIMA is moving away from developing products and instead will focus on 
providing information, Dempsey said. Therefore, setting geospatial 
standards becomes essential. The standards center will help provide the 
flexibility and fiscal oversight necessary to ensure that its customers' 
geospatial intelligence needs are met without duplicating efforts from 
government and commercial entities, Dempsey said.

"The goal is increased data interoperability and a lot of that is behind 
the scenes, modeling different types of data," she said during a Sept. 30 
interview with Federal Computer Week. As the chief geospatial intelligence 
officer, Dempsey is the single point of contact for all standards 
activities within NIMA, the Defense Department and the intelligence community.

Mark Reichardt, executive director for outreach and community adoption at 
the Open GIS Consortium Inc. (OGC), said that NIMA has been an OGC member 
for years and is heavily involved in creating standards for 
interoperability with industry.

"This is the next step, focusing resources and priorities toward making 
sure they are working with the various standards organizations to reach 
their goals," Reichardt said.

Dempsey said the new center should be operational by early next year. A 
draft memorandum is under review and briefings are scheduled for 
mid-October with senior management officials in participating agencies and 
companies to gather their input before the center's launch.

An integrated product team, composed of NIMA's internal and external 
customers, will then be launched and will run through early spring to 
further refine customer input into how the center should operate, she said.

John Pike, director of GlobalSecurity.org, which monitors space and 
military programs, said he was surprised that it has taken NIMA this long 
to establish the standards center.

"I would have thought that NIMA would have already implemented the 
organization needed to continue the standardization work begun by the 
Central Imagery Office," one of the agency's predecessors, Pike said.

"The problem is that the underlying technology continues to evolve, and so 
there is an ongoing need for the standards established by NIMA to evolve," 
he said. "With the impending transition to the Future Imagery 
Architecture...there would surely be a need for NIMA to get their ducks 
lined up, lest they be swamped by a torrent of pixels."

The center will be headquartered in Sterling, Va., for about three years. 
After that, the center's location will be determined as part of NIMA's 
overall reorganization.

NCGIS will add about four permanent government employees to the agency's 
existing 20 standards development personnel and also augment their staff 
with five to 10 contract employees, Dempsey said, adding that the center's 
funding will be part of the overall multimillion-dollar standards budget.

***

NCGIS goals

The National Center for Geospatial Intelligence Standards has three 
immediate priorities:

* Establishing how to assign Extensible Markup Language (XML) tags to 
critical data so the National Imagery and Mapping Agency can use commercial 
software when available.

* Creating a Geographic Markup Language to include the catalog-type data 
that XML can tag as well as content.

* Reviewing and consolidating NIMA's numerous formats, and deciding which, 
if any, should continue to be used or if commercial packages are better.
****************************
Federal Computer Week
When duty calls Brenton Greene's priorities are the country's priorities
BY Dan Caterinicchia
Oct. 7, 2002

It's easy for people to say they are committed to making the United States 
a safer place to live, but it's often more difficult to actually do it. 
Unless you're Brenton Greene.

As deputy manager of the National Communications System (NCS), Greene 
manages the nation's emergency communications capabilities  an increasingly 
important responsibility since last year's Sept. 11 terrorist attacks, 
which illuminated the vulnerability of the country's communications systems.

But a look at his résumé  which includes helping develop a national policy 
on critical infrastructure protection and commanding nuclear attack 
submarines  proves that Greene's commitment to his country is not new.

Maybe that's why his current job is a good fit. NCS, which is co-managed by 
the White House and the Defense Information Systems Agency, assists the 
president, the National Security Council and federal agencies with their 
telecommunications functions and coordinates the government's national 
security and emergency preparedness communications.

NCS comprises 22 different agencies as well as the Government Emergency 
Telecommunications Service, which prioritizes access for government 
workers, and the emerging Wireless Priority Service (WPS), which makes it 
easier for national security officials and first responders equipped with 
special phones to make emergency calls.

Government officials have been pushing for the establishment of WPS since 
the terrorist attacks wreaked havoc on wireless telephone networks, and 
Greene said the agency's top priority is establishing a successful initial 
operating capability for the system.

"It's moving ahead exceptionally well today, and the national footprint for 
the initial capability should be in place by December of this year," Greene 
said. T-Mobile USA Inc. (formerly VoiceStream) will support the system, but 
the goal is to also include other wireless providers by the time the system 
is completed at the end of 2003, he added.

"We want to have all the major carriers engaging in the program. That's in 
the national best interest, but also requires more funding."

Air Force Lt. Gen. Harry Raduege Jr., who is the director of DISA and 
worked with Greene before he started at NCS in April 2001, said he was 
excited to see his old colleague come on board.

"He is a visionary who has the ability to look beyond today's environment 
and plan for the future," Raduege said. "He transformed the NCS 
organizational structure, working hard to ensure that the National 
Communications System remained a relevant force in the national 
security/emergency preparedness arena in today's rapidly changing environment."

A large part of that changing environment is NCS' impending move to the 
proposed Homeland Security Department. Greene said he has been working 
closely with the transition-planning group from the proposed department and 
also has been collaborating with representatives from other affected 
agencies, including the National Infrastructure Protection Center, the 
Critical Infrastructure Assurance Office and the General Services 
Administration's Federal Computer Incident Response Center.

"We started meeting together to ensure we were integrating interagency 
capabilities to support" the proposed department, Greene said, adding that 
he and other representatives did not wait to be told to start talking, but 
were already collaborating when the transition team came calling.

Greene said once the legislation is in place to launch the new department, 
there will be a "whole lot of capabilities in place on Day One" thanks to 
the "tremendous range of national-level capabilities" that NCS offers. "The 
key element is that none of these elements are lost."

Raduege is convinced that based on Greene's track record, including his 
performance following last year's terrorist attacks, NCS' transition to the 
new department is in good hands.

"He continues to work tirelessly to ensure that the NCS will do everything 
necessary to provide the emergency communication needs of our nation," 
Raduege said.

When Greene isn't busy worrying about the nation's emergency communications 
needs  which he admits isn't often enough  he enjoys spending time with his 
wife, Debra, and their two sons, Andrew, 11, and Adam, 7. Greene's hobbies 
include fly-fishing and hiking, although "it's sometimes challenging to 
find the time. I'm starting to enjoy doing them with my sons."

"I have a passion for national security work, and sometimes I don't feel I 
devote as much time as I want to my family," Greene said. "It's a tough 
trade-off and balance."

The 53-year-old said retirement isn't in the cards. "Hey, I'm still young," 
he said. Considering that his family is among the millions of people he 
helps protect, it's easy to understand his devotion.

"Running the day-to-day operations of NCS is the opportunity to make a 
difference and advance a number of national capabilities that really 
support our homeland security needs, protection of our society and all 
that's important," Greene said.

***

The Brenton Greene file

Position: Deputy manager of the National Communications System.

Résumé: Previously managed critical infrastructure protection programs for 
Sandia National Laboratories. His work establishing and serving as 
commissioner of the President's Commission on Critical Infrastructure 
Protection (1996-97) earned him a Secretary of Defense Medal for 
Outstanding Public Service. Created the Defense Department's Infrastructure 
Policy Directorate and was its first director.

Military career: Graduated from the U.S. Naval Academy in 1971 and was 
commander of two nuclear attack submarines, USS Skipjack and USS Hyman G. 
Rickover.

Proudest moment: In addition to his family and his distinguished military 
career, Greene is most proud of taking part in DOD's critical 
infrastructure protection efforts. "I'm extremely proud of what we did 
there, and the significance today is a lot greater than when we were doing 
it," he said.
***************************
USA Today
Web site takes copyright fight to the Supreme Court

LOS ANGELES (AP)  Mickey Mouse's days at Disney could be numbered and 
paying royalties for warbling George Gershwin tunes could become a thing of 
the past if the U.S. Supreme Court sides with an Internet publisher in a 
landmark copyright case this week.

The high court will hear the case Wednesday that could plunge the earliest 
images of Disney's mascot and other closely held creative property into the 
public domain as early as next year.

If upheld, the precedent-setting challenge could cost movie studios and 
heirs of authors and composers millions of dollars in revenue as previously 
protected material becomes available free of charge.

At issue is a 1998 law that extended copyright protection an additional 20 
years for cultural works, thereby protecting movies, plays, books and music 
for a total of 70 years after the author's death or for 95 years from 
publication for works created by or for corporations.

The law was almost immediately challenged by Stanford University law 
professor Lawrence Lessig on behalf of Eric Eldred, who had been posting 
work by Nathaniel Hawthorne, Henry James and others on his Web site.

The plaintiffs lost their case at trial and then on appeal but stunned many 
observers by persuading the Supreme Court to hear the case.

"Nobody has ever attacked the extension of copyright before," said Lionel 
Sobel, editor of the Entertainment Law Review. He said the Internet has 
pumped up the demand for images that are now protected.

"Now we have thousands of people who want to create a Web site and would 
like to have ready access to a whole library of materials," Sobel said.

The Copyright Term Extension Act of 1998 was sponsored by late Rep. Sonny 
Bono and quickly became known as the "Mickey Mouse Extension Act" because 
of aggressive lobbying by Disney, whose earliest representations of its 
squeaky-voiced mascot were set to pass into the public domain in 2003.

The impact of the law extends far beyond corporations. Small music 
publishers, orchestras and even church choirs that can't afford to pay high 
royalties to perform some pieces said they suffer by having to wait an 
additional 20 years for copyrights to expire.

Compositions such as Gershwin's Rhapsody in Blue, which would have passed 
into the public domain in 1998, now are protected until 2018 at least. 
Books by Ernest Hemingway and F. Scott Fitzgerald also were due to become 
public property.

Lessig claims Congress acted unconstitutionally by extending copyright 
protection 11 times over the past 40 years. The plaintiffs contend the 
Constitution grants Congress the right to grant copyright protection for a 
limited time and that the Founding Fathers intended for copyrights to 
expire so works could enter the public domain and spark new creative 
efforts to update them.

The plaintiffs also claim that by extending copyright protection 
retroactively, Congress has in effect made copyright perpetual largely in 
response to corporate pressure.

The government and groups representing movie studios and record labels 
argue that the Constitution gives Congress, not the courts, the job of 
balancing the needs of copyright holders and the public, especially in the 
face of new technology.

Backers of the extension also argue that the Internet and digital 
reproduction of movies and music threaten the economic viability of 
creating those works, thus requiring greater protection.

"This is essentially a dispute about policy dressed up as a Constitutional 
question," The Walt Disney Co. said in a statement. "Eldred is simply 
trying to second-guess what Congress has already decided, and we believe 
the Supreme Court should reject their attempt."

Disney has come under special criticism because the company reaped a 
fortune making films from such public domain fairy tale characters as "Snow 
White" and "Cinderella," but is fighting to prevent others from doing the 
same with characters like Mickey Mouse and Donald Duck.

Legal experts said it would be unlikely that Disney and other companies 
would suffer immediate harm if copyrights expire on their movies and 
characters.

Mickey Mouse, for instance, is not only a character but a corporate 
trademark, which never expire as long as they are in use.

Only the copyright on the Mickey portrayed in Disney's earliest films, such 
as 1928's Steamboat Willie, would expire in the next few years. The more 
rounded, modern mouse familiar today is a later creation and would remain 
protected for several more years.
*******************************
Info World
Study: National security needs more IT, defined powers
By Scarlet Pruitt
October 7, 2002 9:10 am PT

FUTURE EFFORTS TO combat domestic terrorism should utilize more information 
technology and separate information collection and law enforcement powers 
in order to ensure a more transparent legal process, a national security 
task force concluded in a report released Monday.
[Story see: 
http://www.infoworld.com/articles/hn/xml/02/10/07/021007hnsecurenation.xml?s=IDGNS]

The report can be found at: http://www.markletaskforce.org/
*****************************
Wired News
Hackware Author Arrested -- Maybe
By Brian McWilliams

When Scotland Yard jubilantly announced the arrest of a London-based 
malware author nicknamed Torner last month, most Internet users probably 
drew a blank.

After all, Torner's Linux-based Tornkit hacking program was hardly in the 
same league as Melissa or Love Bug, the mainstream Windows worms created by 
David Smith and Onel de Guzman, respectively.

But to Teresa Hall and a group of other system administrators and Internet 
users, Torner was public enemy No. 1.

"He was a cyberterrorist ... an abuser and a low human," said Hall, a 
Tennessee grandmother of three who volunteers as an operator for IRCnet, an 
Internet relay chat network where Torner and his crew ran wild for much of 
2000 and 2001, according to Hall.

Hall and her fellow "IRCops" contend that Torner not only wrote Tornkit -- 
a "rootkit" program that lets a computer cracker take control of a 
compromised Linux computer without being detected -- but also that Torner 
and his cohorts were the program's most active users.

"Everybody knew that they were running a huge DDoSnet, built using 
Tornkit," said Tony den Haan, operator of an IRCnet chat channel devoted to 
Linux that den Haan said was repeatedly brought down by distributed 
denial-of-service (DDoS) attacks.

What's more, Torner's victims allege that the hacker headed up the X-Org 
Web defacement group and that he was one of the founders of Fluffy Bunny, a 
notorious hacking crew that vandalized numerous high-profile websites.

A Scotland Yard spokesman would not comment on the allegations against 
Torner. In fact, authorities have not yet identified or even charged the 
21-year-old man arrested on Sept. 17 at his home in the swank Thames-side 
neighborhood of Surbiton.

But Hall said Torner essentially confessed to her and others, brazenly 
announcing when he was about to launch a DDoS attack, and even revealing 
his true identity and posting pictures of himself with other hackers on the 
Web.

As a result, Torner's trackers said they were able to deliver him to law 
enforcement last year on a platter -- actually on a CD-ROM containing chat 
log files, Web pages, photos and other evidence. Included among the files 
was a list of dozens of systems the group claims Torner and associates 
compromised.

But not everyone who has encountered Torner or his gang considers them 
worthy of the Internet's most-wanted list.

"The fact that some of them manage to root insecure boxes does not make 
them unique," said Johan Boger, an IRCnet coordinator. "There are far more 
organized hacker groups out there."

Indeed, news of the arrest of Tornkit's alleged author has caused some 
hand-wringing among security researchers. They fear police may have 
overreacted by hauling in a hacker on charges of merely writing a 
potentially malicious program.

A German security expert who uses the nickname Mixter, however, noted that 
Tornkit contained "back doors," so that whenever a cracker used it to 
"root" a computer, Torn and his friends secretly gained control of it.


"Torner has been a black hat all the way ... this is something that clearly 
should be prosecuted," said Mixter.

An analysis of Tornkit posted online in 2001 concurred. The author of the 
document, a hacker who uses the nickname Mostarac, said the program's 
secret back doors appear to send information back to Torn whenever Tornkit 
is installed on a compromised computer.

Detective Constable Andrew Crocker, head of the computer crime squad of the 
Surrey police, confirmed that the unit is investigating "numerous cases 
where the Torn rootkit has been used." But Crocker refused to comment 
specifically on the Torner case.

According to Hall, Surrey police have privately confirmed what the hacker 
revealed to her -- that Torner was the online handle used by Samir Rana, a 
London resident who is the grandson of Talat Mahmood, a popular singer from 
India.

Joshua Dodds, a Torner associate who uses the hacker alias AnnihilaT, and 
who is listed in Tornkit's Read Me file, confirmed in an online chat 
interview last week that Torner owned the pink stuffed toy depicted in 
website defacements by Fluffy Bunny.

And in its August 2001 defacement of CNN's N-tv.de site, Fluffy Bunny 
included a greeting to Richard Brownhall, a Surrey police agent who had 
previously led the investigation into X-Org.

The London man arrested for writing Tornkit is currently free on bail, 
which does not involve a financial commitment, according to Scotland Yard. 
The suspect is scheduled to return Oct. 29 for more police interviews and 
possible charges.
*************************

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