Free Congress Foundation's Notable News Now Excerpts from FCF Programming, and other FCF projects. February 29, 2000 Inside Stories PAUL WEYRICH'S COMMENTARY: Is Being Fat a Crime? Well, Hold on to Your Ho-Ho Mayhem on the Internet COALITION FOR CONSTITUTIONAL LIBERTIES The Free Congress Commentary SHIFTING MINDSETS by Lisa S. Dean From the "Endangered Liberties" Television Program The February 21st issue of Time magazine ran a story by David Gelernter entitled "Will We Have Any Privacy Left?" In the article the author paints a rather accurate, yet bleak, picture of satellites tracking our every move, computers responding to our demands (provided we proved our identity via biometric identifier and password beforehand) and all of our personal information being available in one location to be accessed by anyone if those in charge don't take care to protect it. The picture Gelertner painted was rather accurate, not only of the future but of the present. However, the conclusion that he drew is vastly different from the one which I have drawn. The author claimed that while technology makes real the ability for friends and neighbors to seek out and reveal your dirty laundry or spy on your every move, it just won't happen in the future because morality will prevail. We as a people will understand that eavesdropping on one another is wrong and preserving one another's dignity is right and that morality will govern our behavior. And that alone will have a much greater effect on privacy than any law, regulation or judicial ruling could. In theory he's correct. Laws protecting our privacy have had little effect thus far. The few judicial rulings that favored privacy have often been overturned on appeal and certainly the regulations made over the last decade or so have benefited us very little with respect to privacy. And largely Americans are honorable people with high standards with regard to decency toward their fellow man. So far Gelernter is correct. But unfortunately that is beginning to change. Our Founding Fathers constructed our Constitution in such a way that emphasized trust in one another and distrust in the government - a rather radical concept today. The desired outcome of such a construct would be that the citizens would protect themselves and one another by not allowing government to gain more power than it was due. The citizens would keep watch over their government and elected leaders to ensure that government remained limited and that would ensure the protection of their rights and liberties. Slowly but surely over the past few decades, we have seen the mindset of the American people change. The traditional American view of hard work and self-sufficiency has been replaced by the so-called "welfare mentality" where it becomes the job and responsibility of government to correct the problems of citizens rather than citizens taking that responsibility themselves. That mentality, in effect, gave the government license to expand its power and authority to do what it wished. The people "needed" it to solve their problems. Even the traditional morality based on Judeo-Christian belief has changed in America. Under the "old morality", the author would be correct in his outcome, but sadly, that morality is largely becoming unfamiliar to the average American. If government is responsible for taking care and solving people's problems, then people begin to see government and not their neighbor, as their friend, the one they trust, even their earthly savior, essentially the reverse mindset that the Founding Fathers had intended. This has led to the current situation that is increasingly prevalent throughout the country - turning in one's neighbor when they break the laws established by the government. During last summer's drought, the state of Maryland declared a drought emergency and restricted the citizens' use of water. Washing cars and watering lawns were forbidden. The state provided an 800 number for citizens who needed to report problems they were having. Shortly after the 800 number was established, the state of Maryland reported that it was mostly being used by citizens to report their neighbors for violating the laws and using the water for forbidden purposes. Currently in the state of Massachusetts citizens are calling their state and local law enforcement agencies to report their neighbors for hollering or losing their tempers and so forth and their reason for concern? Those same neighbors happen to own guns - legal guns, mind you. Law enforcement agencies are responding by going to the scenes where the alleged temper tantrums are taking place and confiscating those citizens' guns. What is happening here? I'll tell you what's happening. The "new morality" states that its morally right and justifiable for you to turn in your neighbors and friends and perhaps even relatives to the government when you see them violating a law or aren't wearing smiles on their faces 24 hours a day. After all, if they aren't smiling, they must be mentally unbalanced. Under the "old morality" that Gelernter referred to, neighbors would mind their own business or approach the violator and personally ask him to obey the law but they would never turn him in to the government! On top of all that, the same "new morality" is not only changing people's attitudes toward their fellow citizens, but toward their God-given rights as well. The attitude that "we need to give up more of our privacy to ensure our security" is becoming quite a popular saying these days. The Clinton Administration has long been saying it. The media picked it up and now it is rolling off the tongues of more and more Americans. We need to give up our rights in order for the government to give us more protection. So the bottom line is if David Gelernter is referring in his article to the "new morality", his conclusion is right on, but if he's referring to the "old morality" that this country was founded upon, then with all due respect to him, he's way off. Lisa Dean is vice president of the Free Congress Foundation's Center for Technology Policy. For media inquiries, contact Robert McFarland 202.546.3000 / [EMAIL PROTECTED] For other questions or comments, contact Angie Wheeler [EMAIL PROTECTED] Is Being Fat a Crime? Well, Hold On to Your Ho-Ho by Paul M. Weyrich From the "Endangered Liberties" Television Program Well cross off Colorado as a place for me to vacation anytime soon. I don't want to go near the place. I am afraid of either being thrown in jail or being taken off to some clinic to be rehabilitated. You see out in that beautiful Rocky Mountain state, some officials want to pass the "Obesity Prevention Act." Under their definition, I am obese. This, you understand, is not because being of German and Norwegian heritage, I like to eat good food. This is because, according to the Colorado health police, I have a disease. These are the same folks who insist that pregnancy is a disease. Anyway, the Colorado health police want to make dieting an official policy of the state of Colorado. Now it is unclear to me if I start on a diet they will leave me alone if I come out there. Or do I have to actually show results. You see, over my lifetime I have gained and lost the equivalent of several people. So I don't know if I get any credit for that or if my disease starts with my weight today. I am curious as to how this policy will be enforced. Will cowboys patrol the border with other states and turn away the obese? Will obesity inspectors board incoming planes and refuse to let anyone off who is overweight? Or maybe this policy just applies to permanent residents. I can see it now. Your company transfers you to Denver. You call a real estate agent and she asks you your weight. When you tell her, she says to call back when you lose 60 lbs. She would be forbidden to sell you a house if you are overweight. Some smarties will send surrogates to buy homes for them. I have an uncle who has always looked like he just emerged from an Eastern Orthodox monastery after Great Lent. I could send him to buy a house for me. Then I'd move in under cover of darkness. Of course, no doubt neighbors will be rewarded if they turn in fat people. So as soon as there is light of day that probably won't work either. This is fun to joke about such things but there is a serious side to it. It is very clear that such a policy is aimed at doing to the food industry what has been done to tobacco. If so-called obesity is, as proponents of this health policy claim, killing thousands of people every year, and if it is truly a disease, then someone is spreading the disease. Sounds like a great case against any number of food processors, fast food places, restaurant chains and so on. Let us be clear. Just as the tobacco nonsense was not about stopping kids from smoking, but rather was about reaching into the deep pockets of the tobacco companies, so also is this kind of health policy not about overweight and ill people, it is also about money. Those who want to spend more on social programs, and who have been frustrated by the fact that there have been too many conservatives holding office at both the state and national level of late, have found a new way to extort money. Just watch the class action lawsuits against everyone connected with the processing and distribution of food. Wow! Tobacco serviced a distinct minority of Americans. On the other hand, everyone has to eat! The possibilities are endless. I used to have lots of fun ridiculing absurd ideas like this purported health policy. It isn't any fun anymore. Today's joke becomes official policy three years down the road. Here is a warning then. Either stomp this sort of stupidity to death now or watch the slow nationalization of the most successful food industry in the world, in the name of better health. Better health, my foot. It all makes me sick. Paul Weyrich is president of the Free Congress Foundation. For media inquiries, contact Robert McFarland 202.546.3000 / [EMAIL PROTECTED] For other questions or comments, contact Angie Wheeler [EMAIL PROTECTED] "Endangered Liberties" Program Excerpts: Mayhem on the Internet "After the recent attacks against popular websites on the Internet, President Clinton held an emergency Internet security summit. The President and the best minds in business and technology huddled together in crisis mode. Is there really a crisis? Is the Internet the sight of the next Pearl Harbor, as one reporter suggested? Or is there another side behind all of the headline hype?" reported "Endangered Liberties" hosts Paul Weyrich and Lisa Dean. Joining the program was Wayne Madsen of EPIC, the Electronic Privacy Information Center and Jonathan Koppell, a fellow at the New America Foundation. Paul Weyrich asked his guests, "What did you think of the summit? Was it the right thing for the President to do?" Wayne Madsen replied, "I think it's a good thing when the President gets involved in these issues generally, but what I'm more concerned about is, there were presence of the national security community there. Is hacking, or not hacking per se, but causing disruption to eBay where somebody cannot sell Aunt Martha's tea set for a couple of hours, is that a national security issue? I think this is a bit of an overkill by the national security community. I think they're looking for enemies where there may not be the types of enemies they're used to." Weyrich stated, "Aren't they looking for an excuse to have the federal government intervene in some way that eventually takes away our freedom?" Madsen responded, "I think they're looking for that, and they're looking for big budgets - there's two billion dollars on the table - the President has asked for critical infrastructure protection. Now we see all the intelligence agencies, military agencies, and their respective contractors that populate the Beltway all in a feeding frenzy to get to that feeding trough before the others." Guest Jonathan Koppell interjected, "But there is a bona fide concern, and it may be born of their own plans on how to use the Internet as a weapon that they recognized the possibility. It was discussed in the context of the war on Serbia that computers could be used to disable their infrastructure. And it was decided not to do that, perhaps because it wasn't possible yet. But that may feed the fear, as much as the budget capacity, obviously is an issue." Host Lisa Dean commented, "It almost seems to me that Clinton created the problem to begin with, because not emphasizing security early enough, not really allowing the use of strong encryption, the development of strong encryption and other security measures, now he's reacting and looking like he's rescuing people from the problem that he created. Am I right? Madsen commented, "That's right. And one participant in the summit told me that after it was over, Clinton went around and he shook everybody's hand and chatted, and this individual said, 'Mr. President, you realize to have good, strong security you need good, strong encryption and your administration has, frankly, been weak on that.' And he said, 'Yeah, yeah, I know, but Al and I have been trying to fight through the Establishment on that one.' Now, I assume the 'Establishment' is the FBI and the NSA. Now, if the President and the Vice President can't fight through the Establishment, who else is?" Weyrich asked Jonathan Koppell to define the term 'critical infrastructure' because, Weyrich said, "this term is being bandied about now, and we're talking about the United States establishing strong critical infrastructure, and other countries not having the ability to do this, and so on. What do they mean by that?" Koppell said, "I think it is somewhat [of an] ambiguous term. I've seen it used narrowly to refer to computer systems, and at the same time I've seen it used quite broadly to refer to basically all technological systems that could be affected in theory by computers or by some sort of malicious attacks...." Wayne Madsen provided a definition saying, "...a critical infrastructure, it could be almost anything under their definition -- it's the pipelines that carry natural gas, water, electricity, air traffic control systems - it goes on and on and on. What the administration fails to realize is many of these infrastructures are not connected to Internet - maybe one day they will - but right now they're not. And that, in itself, is a bit of a security safeguard." Lisa Dean noted, "There are some questions whether or not any of this is really 'hacking.' Some say this is something else. Could you explain that a little bit?" Madsen responded, "What this recent incident was, was called a 'distributed denial of service' attack. Now, I find it interesting that people from eBay and people that probably have never even considered computer security, other than watching reruns of Hackers and Sneakers, would come up with terms that were basically originated in the Pentagon. Now, my question is, who told them about these terms, where did they learn these terms? But the whole thing, it's not hacking per se - somebody ran a program that caused basically packets that transmit data on the Internet. There was a flood of these packets. And the servers, the computers that are used to pass these packets along, ground to a halt because there was too many packets for them to handle. I just got an email today from somebody in Australia and said, 'Do you realize that these types of denial service attacks take place on a daily basis to a much greater extent than the eBay, Amazon and Yahoo hits', but they're not reported because they take place at what's called internet relay chat servers that are located in some obscure university somewhere...you know, if you say it's the University of Tasmania's server that's one thing, you know, that's not very interesting. If it's Yahoo, Amazon, eBay - that's a different story." Jonathan Koppell made the point, "The hacking part of it came in, which is the way that they...overwhelm the computers with so many messages that they essentially crashed, and the way that they accomplished that was to enter other computers and essentially automate their sending messages, and this was accomplished at, I believe, Stanford University was one of the universities and the University of California at Santa Barbara, I think, was the other university where those computers were essentially turned into instruments of the hackers." Paul Weyrich said, "You know, forty years ago this year, I started in radio - and the big issue when I was in radio, and you had to have instructions on this and everything else - was that certain people were figuring out how to broadcast their own signal on the signal of the particular radio station - and all of a sudden you'd be listening to the station I was on and somebody else would come on. And there was no national crisis over this. This was happening all over the country. The FCC dealt with these issues constantly. But nobody called a national summit..." Wayne Madsen stated, "Well, I agree. And, you know, it's very easy to deal with those types of situations without their questioning whether you have to amend the Bill of Rights, as we hear about today." Contact: Producer Joseph Starrs 202.546.3000 Coalition for Constitutional Liberties Brought to you by the Center for Technology Policy of the Free Congress Foundation Lisa S. Dean, Vice President for Technology Policy (mailto:[EMAIL PROTECTED]) Julie McIntire, Coalition Coordinator (mailto:[EMAIL PROTECTED]) phone: (202) 546-3000 fax: (202) 544-2819 http://www.FreeCongress.org The following are excerpts from the Coalition for Constitutional Liberties' weekly report. To see the full report contact Julie McIntire at (mailto:[EMAIL PROTECTED]) CfCL stories in today's Notable New Now: * IDENTIFICATION DEVICE WORKS IN A FLASH * WHITE HOUSE SEEKS TO STRENGTHEN LEGISLATION FOR ELECTRONIC SIGNATURES CfCL stories included in the full report, not appearing in today's Notable News Now: * INFRARED SHARING: THE NEW GEEKY HANDSHAKE * PSION ICES OUT MICROSOFT * INTEL UNVEILS ENCRYPTION AS YOU TYPE * A NEW RADAR IMAGING SYSTEM GIVES AN UNMANNED SPY PLANE SHARPER EYES * FIBER OPTICS TO THE HOME * CALL FOR NOMINATIONS: THE 2000 U.S. BIG BROTHER AWARDS * THE TOPCLICK PRIVATE SEARCH ENGINE IDENTIFICATION DEVICE WORKS IN A FLASH The handheld gadget takes fingerprints and photos, then instantly transmits them for on-the-spot data Thursday, February 17, 2000 By Maxine Bernstein of The Oregonian staff Police in several U.S. cities soon may ask drunken driving suspects not only to touch their fingers to their noses but also to press their thumbs against a handheld device to determine their identity and more -- instantly. Six agencies in Minnesota and Southern California have been awarded federal grant money to become the first in the nation to test the new fingerprinting technology, which will go on sale nationwide in July. The designers and manufacturers were in Portland this week to demonstrate it to area agencies considering buying it, including the Portland Police Bureau, Multnomah County Sheriff's Office, Clackamas County Sheriff's Office, Gresham Police, Clark County Sheriff's Office and the Federal Protective Service. "We're all looking at ways in which we can become more efficient and effective out on the street," said Capt. Mike Garvey, who heads the Portland police identification division. "I don't know if we're going to buy this fingerprinting system or not, but it looks like something that would help an officer out in the field." The terminals, patented by Digital Biometrics Inc., a Minnesota-based company, can capture fingerprints at the scene and transmit them to a database. If there is a match, the system returns the person's name and date of birth directly to the officer's handheld terminal. Then the officer can check the person's criminal history and search for any outstanding warrants. Transmitting photos, too The devices also can take photographs and transmit them immediately to an office computer or to laptops in police cruisers. If police are investigating a case of a missing child, for example, an officer could transmit the child's photo to the data terminals in other patrol cars aiding in the search. Other applications include photographing crime-scene evidence, including latent fingerprints, and recording witness statements. Earlier this month, the U.S. Department of Justice's Office of Community Oriented Policing Service, or COPS, awarded a one-year, $1.5 million grant to allow six agencies to test the technology this spring. "We're hoping this becomes like the cop's portable radio, and officers say, 'Geez, I can't be without this,' " said Lt. Bruce Lennox of the Hennepin County Sheriff's Office in Minnesota, one of the agencies testing the device. Its manufacturers tout the time it could save police, keeping them from needlessly transporting suspects to a police precinct or booking division to fingerprint them. "That eats up our time," said Darrell Souza of the Federal Protective Service in Portland, which is responsible for the security of federal properties. "This would certainly help." Other agencies interested Other agencies, such as border patrols and campus and airport security forces, also have expressed interest. Because the technology has not yet been used, officers don't know how well suspects will comply with the field fingerprinting. And the price might be prohibitive for some forces; the system ranges from $3 million for a small police department to $8 million for an urban force. "The whole idea is to just provide information as quickly as possible, so police can make a good decision at the scene," said Jim Granger, chief executive officer of Digital Biometrics. "It's a tool for decision-making." WHITE HOUSE SEEKS TO STRENGTHEN LEGISLATION FOR ELECTRONIC SIGNATURES By MICHAEL SCHROEDER Staff Reporter of THE WALL STREET JOURNAL February 17, 2000 WASHINGTON -- A top Treasury Department official said the administration is negotiating with Congress to beef up protections in legislation that would allow many financial transactions to use electronic signatures as an alternative to hand-signing documents. Separate "digital signature" bills passed by wide margins in both the House and Senate. The House voted Wednesday to send its legislation, which also allows for electronic transfers of documents such as monthly bank statements, to a House-Senate panel to reconcile the differences between the bills and send a final measure to the president. Advocates say electronic signatures make sense for transactions that are being conducted over the Internet, such as stock trading, bank loans and federal tax filing. Electronic signatures rely on encrypted codes or passwords to verify a consumer's identity online. "A good digital signature bill will ensure that consumer protections in the electronic world are equivalent to those in the paper world. We believe that with some modest, common-sense changes, the goal is well within reach," said Gary Gensler, Treasury's undersecretary for domestic finance. Mr. Gensler told the Exchequer Club, a group of financial trade-association executives, that many of the administration's concerns about consumer protections could be satisfied if lawmakers agree to let regulatory agencies interpret and provide guidance on how provisions apply to their respective industries. The legislation also needs to be modified to make sure that consumers give full consent to electronic signatures and that records can't be altered after a transaction is completed, he said. "I hope we can reach agreement and move forward," Mr. Gensler said. Indeed, there is optimism in both houses that a deal can be worked out. Separately, the administration is pressing forward on President Clinton's pledge to build on consumer financial privacy protections signed into law last year. Under the new financial-services modernization law, firms that share private information with independent third parties must mail copies of their privacy policies to customers. Customers also must be given the option of telling firms not to share private personal data with third parties, such as telemarketers. The administration wants consumers to have more control over how their personal information is shared among jointly owned financial firms. Mr. Gensler said the administration soon will offer a new privacy bill that would tighten controls on sharing information among affiliates. Visit Our Website at http://www.FreeCongress.org This publication is a service of the Free Congress Research and Education Foundation, Inc. (FCF) and does not necessarily reflect the views of the Free Congress Foundation nor is it an attempt to aid or hinder the passage of any bill. Free Congress Foundation, 717 Second Street NE, Washington, DC 20002 202.546.3000 x450 Fax: 202.544.2819 Project Manager: Angela Wheeler Copyright * 2000 Free Congress Foundation - All Rights Reserved.