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Path: gmdzi!unido!mcsun!uunet!world!decwrl!ucbvax!hoptoad!gnu
From: gnu@hoptoad.uucp (John Gilmore)
Newsgroups: comp.org.eff.talk,misc.legal,sci.crypt,alt.censorship
Subject: Very Draft bibliography on computers, freedom, and privacy
Message-ID: <14631@hoptoad.uucp>
Date: 8 Jan 91 23:23:14 GMT
Followup-To: email to <g...@toad.com> please
Organization: Cygnus Support, Palo Alto
Lines: 544
Xref: gmdzi comp.org.eff.talk:946 misc.legal:4371 sci.crypt:3332 alt.censorship:226

I have been working on a bibliography for the upcoming Computers,
Freedom, and Privacy conference in March.  There is some hope of having
some relevant published material available for purchase (both at the
conference and by mail for non-attendees).

This is only half done -- it doesn't even cover my own library yet -- 
but I figured I had better get it out here for review and for all of you
to send in your own suggestions and reviews.  Submissions of all sorts
will be considered -- fiction, nonfiction, legalese, techspeak, layman's,
alarmist, reassuring, whatever.  PLEASE EMAIL SUBMISSIONS TO ME,
g...@toad.com, RATHER THAN POSTING THEM.  (If it ends up that I lose or
ignore your suggestion in my next draft, *then* post it.  I don't
want to censor you, I just don't want the newsgroup flooded with lots
of duplicate information.)

It's in no particular order yet.  Suggestions on that are welcome, too.
If someone wants to convert this to some useful "bibliography software"
form, please do, and send me the software -- I've never used those programs.

The Rise of the Computer State
David Burnham
1980
ISBN 0-394-72375-9 (paperback)
Vintage Books (paperback)
Random House (hardback)

	"A chilling account of the computer's threat to society".
	Primarily concerns goverment surveillance of private citizens, the
	linking of databases about individuals, and the chilling effects
	this has on individual freedom of expression and individual
	liberty.

The Moon is a Harsh Mistress
Robert Heinlein

	Science fiction about how revolutionaries are able to take over
	a penal colony on the Moon because they have the help and support
	of the computer network that controls all the facilities there.

Orbital Decay
Allen Steele
1989
Ace Books (Berkley Publishing Group, NY)
ISBN 0-441-49851-5

	Science fiction about how covert action by a rights-oriented
	foundation aborts the secret deployment of the Big Ear, a wideband
	satellite receiver and computer complex in orbit that allows the
	NSA to scan all private telephone calls, and record and trace
	any that the system believes are a "threat to national security".

Hackers
Steven Levy
Dell 
ISBN 0-440-13405-6

	A chronology of the computer hacker movement from the 1950's
	through the early 1980's.  The seminal work on the origins and
	ethics of "true" computer hacking (as opposed to what the press
	has claimed computer hacking is).

The Privacy Journal
PO Box 28577
Providence, RI  02908
$35/yr

	An indpendent monthly journal on privacy in a computer age.
	"A wonderful source for this stuff" -- ma...@pta.oz.au

Cryptography and Data Security
Dorothy Denning
Addison-Wesley
1982
ISBN 0-201-10150-5

	A good overview of cryptography and of technologies for
	protecting data.  Chapters: Encryption algorithms, Cryptographic
	techniques, Access controls, Information flow controls, Inference
	controls.  The book's coverage of computer related cryptography
	is good but ends in 1983, and much progress has been made since
	then.

The Codebreakers
"The story of secret writing"
David Kahn
Macmillan, NY
1967
$49.95 original price
ISBN 0-02-560460-0 (hardback)

	The technical, personal, and social history of the making and
	breaking of codes and ciphers throughout recorded history.
	Focuses particularly on World War I and II cryptography.  The
	definitive book of on the history of cryptography.  NOTE:  get
	the hardback version, not the paperback; the paperback has had
	a lot of the technical details "abridged".

	I believe the book is out of print now, but copies can still be
	obtained from used book dealers.  I bet we would sell five or ten
	if we had them at the conference.

Out of the Inner Circle
"A hacker's guide to computer security"
Bill "the Cracker" Landreth
Microsoft Press / Simon and Schuster
1985
ISBN 0-914845-36-5 (paper)
ISBN 0-914854-45-4 (cloth)
$9.95

	The inside story of a 16-year-old cracker who was eventually
	caught by the FBI for unauthorized use of Telemail.  Most of the
	book is a good discussion of hacker history, motivations, and 
	techniques, as well as basic computer security, and what to do
	with a cracker if you catch one.

The Hacker's Handbook
"An insider's guide to modems and telecomputing"
Hugo Cornwall
1985
Century Hutchison, UK / E. Arthur Brown, Alexandria MN

	A particularly European angle on computer cracking, this is the
	Nth-edition of a handbook that had wide underground circulation
	to teach young crackers the ethics and techniques of the computer
	underground.

The Puzzle Palace
"A report on NSA, America's most secret agency"
James Bamford
1982
ISBN 0-39531286-8 (hardback)
$16.95 
Houghton Mifflin, Boston; Penguin

	The definitive work on the National Security Agency, the
	government agency responsible for monitoring electronic
	communications inside the U.S. and all around the world.  Traces
	the history and activities of this secret "spy" agency whose
	charter is even secret and which was used by Nixon to spy on phone
	calls of American citizens during Nixon's drug war.  This is the
	agency that has a monopoly on cryptography in the U.S. and which
	constantly acts to limit the ability of the American public to
	encrypt their own information for their own privacy.  This is
	not an "expose'" but a heavily researched and documented work,
	now nine years out of date but still quite relevant.  -- John Gilmore

	The book is an extremely well written history of the National Security 
	Agency, its predecessors, and its staff starting just before the end
	of WW1, going up to 1980.  -- Eliot Lear <le...@turbo.bio.net>

Economics of Information Technology

	recommended by Bruce Koball <bko...@well.sf.ca.us>

The Cultural Contradictions of Capitalism
Daniel Bell

	recommended by Bruce Koball <bko...@well.sf.ca.us>

The Coming Post-Industrial Society
Daniel Bell
	
	recommended by Bruce Koball <bko...@well.sf.ca.us>

The Technologies of Control
Kevin Wilson
1988
University of Wisconsin Press

	recommended by Bruce Koball <bko...@well.sf.ca.us>
	and by Bob Jacobson <cybe...@milton.acs.washington.edu>:
	"An even better book, or at least one antithetical to Technologies
	of Freedom...The last word on how computational systems are
	remaking daily life, at work and at home."

???
Edward Hermann

	"Any book by Edward Hermann on the press is recommended.  His
	and Noam Chomsky's new book is scathing." -- Bob Jacobson

Usenix Proceedings

	Look up detailed references on the Internet Worm, Tom Duff's
	paper on computer security, etc.

Reflections on Trusting Trust
Ken Thompson

	ACM Turing Award lecture on computer security reveals the
	roots of the problem in "who can you trust".  He claims that
	you basically have to trust large numbers of people to be able
	to work with computers at all, and shows examples.

Law, Legislation and Liberty
Hayek

	3 small tomes.  Recommended by Phil Salin <uunet!markets!phil>

The Technology of Foolishness
James Marsh & ??? Simon

	Recommended by someone at the hackers conference.

Cryptology, Computer Networks, and Big Brother
Tim May
slide presentation

	Views privacy and freedom from the point of view of "cryptoanarchy",
	in which cryptographic technology provides people the ability to
	communicate in privacy, despite the best efforts of governments
	to prevent their doing so.  Examines technical developments that
	led to it, and social possibilities that result from it.

Technological Threats to Civil Liberties
"Notes for IEEE 15th Annual Invitational Microcomputer Workshop"
R. G. Kennedy
McDonnell Douglas Paper No. 8282
25 April 1989
C1-661-RGK3-0389

	A survey paper broadly covering technological areas that can
	be used to violate civil liberties -- mostly having to do with
	computerization of previously un-automated areas, such as stop
	signs, traffic tickets, payment systems, luggage searching,
	metabolic monitoring, pattern recognition of license plates, 
	transponder badges, etc.

Computers: Crimes, Clues and Controls
"A Management Guide"
GPO# 008-000-00460-9
$2.50

	A simple government manual on computer security.  Designed
	for consciousness raising among the illiterati; reminds you
	to not tell your password to anyone else, and that sort of thing.
	Useful as a teaching tool but it won't tell you anything new.
	Covers information security, physical security, and personnel
	security issues.

Basic Considerations in Investigating and Proving Computer-Related
	Federal Crimes
US Department of Justice, Justice Management Division
GPO# 027-000-01323-6
$7.50

	"Designed to assist Federal prosecutors and investigators by...
	providing a comprehensive text that covers the basic technical
	and legal considerations involved in dealing with a
	computer-related criminal case."  As expected, it takes a very
	one-sided view, completely ignoring privacy considerations of
	defendents except where courts have thrown out cases as a result.
	Its coverage of the ECPA talks about the provisions for the
	gov't to force computer service companies to provide secret
	copies of backup tapes, but never mentions that it's illegal to
	capture someone's email without a specific warrant for it.
	In short, useful to show how the prosecutors and agents
	have been brainwashed with only half of the information they
	need to do their job.

Telecommunications In Crisis
"The First Amendment, technology, and deregulation"
Edwin Diamond and Norman Sandler, and Milton Mueller
Cato Institute, Wash DC
1983
ISBN 0-932790-39-3

	A two-part view of telecommunications policy:  first, a documentary
	of problems in our existing telecommunications regulations,
	particularly First Amendment problems.  Second, a proposal for
	free-market allocation of the radio spectrum rather than government
	control of frequency allocations, as a possible solution.

Electronic Record Systems and Individual Privacy
"Federal Government Information Technology"
US Congress, Office of Technology Assessment
OTA-CIT-296
June 1986
GPO# 052-003-01038-1

	Report from a study commissioned by Congress.  Addresses four
	major areas: technological developments related to government
	record systems; current and prospective Federal agency use of
	electronic record systems; the interaction of technology and
	public law relevant to protecting privacy; and possible policy
	actions that warrant congressional attention.  Covers computer
	matching and computer profiling.  Good footnotes with lots of
	privacy references.

Management, Security, and Congressional Oversight
"Federal Government Information Technology"
US Congress, Office of Technology Assessment
OTA-CIT-???
February 1986

 	Companion volume to the other two Federal Government Information
	Technology books from OTA.

Management, Security, and Congressional Oversight
"Federal Government Information Technology"
US Congress, Office of Technology Assessment
OTA-CIT-???
February 1986

 	Companion volume to the other two Federal Government Information
	Technology books from OTA.

Electronic Surveillance and Civil Liberties
"Federal Government Information Technology"
US Congress, Office of Technology Assessment
OTA-CIT-???
October 1985


Informing the Nation
"Federal Information Dissemination in the Electronic Age"
US Congress, Office of Technology Assessment
OTA-CIT-396
October 1988
GPO@ 052-003-01130-1
$14

	Covers many aspects of electronic information dissemination
	by the goverment, including the roles of the Government Printing
	Office, National Technical Information Service, Depository
	Library program, Freedom of Information Act, Congressional
	information, and government/press relations.

Critical Connections
"Communications for the Future"
Office of Technology Assessment

	recommended by Velu Sinha <ve...@ra.src.umd.edu>


Technologies of Freedom
"On free speech in an electronic age"
Ithiel de Sola Pool
Harvard University Press
1983
$10 or so
ISBN 0-674-87233-9

	A seminal book on Constitutional rights in electronic media.
	Covers the history of electronic media starting with the
	telegraph, how freedom of expression and assembly were not
	considered in setting up their regulatory structure, and the
	implications for current and future electronic media.
	Critical reading!

The Problem of Social Cost
Ronald Coase
Journal of Law & Economics
October 1960
also reprinted in many collections of classic articles in law and economics
	
	Recommended by uunet!markets!phil (Phil Salin):
	Precisely what are or should be the liabilities of the
	owner/operator of an Electronic Assembly Location, or who
	otherwise facilitates an Electronic Assembly?

	Uncertainty regarding potential liability for making it
	possible for the public to assemble and speak/publish freely on
	diverse topics may have already affected existing online
	service or BBS policies regarding what may be said/not said.

	The article's main message is that society is much better off
	when it's clear who is liable for the effects of an action than
	when nobody knows, i.e., when the responsibility for
	consequences of actions is unclear.


The Federal Communications Commission
Ronald Coase
Journal of Law and Economics
October 1959

	Recommended by uunet!markets!phil (Phil Salin):

	Coase's article on "The Problem of Social Cost" originated from
	prior work on another classic article, innocuously titled "The
	Federal Communications Commission" (Journal of Law and
	Economics, October 1959); this article concludes with a section
	directly relevant to many of the issues the conference will be
	discussing:

	"Mr. William Howard Taft, who was Chief Justice of the
	Supreme Court during the critical formative period of
	the broadcasting industry, is reported to have said: "I have
	always dodged this radio question.  I have refused to grant
	writs and have told the other justices that I hope to avoid
	passing on this subject as long as possible."  Pressed to
	explain why, he answered:

	"...interpreting the law on this subject is something
	like trying to interpret the law of the occult.  It
	seems like dealing with something supernatural. I want to put
	it off as long as possible in the hope that it becomes more
	understandable before the court passes on the questions
	involved."

	(Coase continues): It was indeed in the shadows cast by
	a mysterious technology that our views on broadcasting
	policy were formed.  It has been the burden of this article to
	show that the problems posed by the broadcasting industry do
	not call for any fundamental changes in the legal and economic
	arrangements which serve other industries.  But the belief that
	the broadcasting industry is unique and requires regulation of
	a kind which would be unthinkable in the other media of
	communication is now so firmly held as perhaps to be beyond the
	reach of critical examination.  The history of regulation in
	the broadcasting industry demonstrates the crucial importance
	of events in the early days of a a new development in
	determining long-run governmental policy.  It also suggests
	that lawyers and economists should not be so overwhelmed by the
	emergence of new technologies as to change the existing legal
	and economic system without first making quite certain that
	this is required."

???
George Hilton

	Recommended by uunet!markets!phil (Phil Salin):

	In the late 19th century, there were many towns which were
	served by only one railroad, and not servable by boats (inland)
	or motor-trucks (not invented yet).  People in those towns had
	legitimate reasons to be fearful of the enormous power of the
	only railroad in town.  This was a huge political issue at the
	time, and rightly so.  A lot of people living in such towns
	translated into a lot of political power, which, combined with
	the usual political incentives and some errors in economic
	theorizing led to unfortunate but understandable results: heavy
	regulation of railroads, and the premature decline of the
	railroad industry.  (Cf George Hilton for details).

	...Part of the issue here has to do with what I hope and expect
	will be a rich set of experiments by emerging electronic
	communities to set different kinds of policies regarding
	membership, rights, and responsibilities of members.  Common
	carrier law was evolved to deal with a completely different set
	of issues, most of which do NOT apply in an electronic
	environment.  (For example, most traditional monopolies emerged
	in settings where the nearest competitor was several
	hours/days/weeks' journey away; in an electronic world, the
	nearest competitor will normally be a few keystrokes away...).

Privacy in America
David F. Linowes
University of Illinois Press
1989

	Recommended by uunet!markets!phil (Phil Salin):

	Linowes is a Professor and former chairman of the U.S.  Privacy
	Protection Commission.  You're probably already familiar with
	him and with this book, but in case you're not, I recommend it
	for lots of interesting detail, for example:

	page 82: "At last count, in 1982, there were 3,530
	million personal files on people in all federal
	agencies, or an average of 15 files for every man, woman, and
	child in America."

	page 77: "When a police officer was shot and killed
	outside a prominent New York restaurant...police
	consulted American Express.  In less than half a day the police
	were supplied with a list of twenty persons who had dined in
	the restaurant that night and had paid for their meals with
	credit cards."

	page 84: "The government has begun installing computers
	that keep detailed records of telephone calls made by
	federal employees.  The new computers record local and long
	distance calls, detailing the date of the call, length of the
	call, the call's origin, and the call's destination."

	page 158/159: "According to Irwin Blye, head of a New
	York City-based investigative firm, "privacy is an
	absolute myth"... Challenged to prove his contention that,
	given a little time and his usual fee, he could learn all about
	an individual without even speaking with him, Blye was
	presented with a subject--a New Jersey newspaperman--and his
	regular several-hundred-dollar-fee to perform a standard
	background investigation.  The result was a five-page,
	single-spaced, typed report which documented, though not always
	accurately, a wide sweep of the journalist's past, and was
	detailed to the point of disclosing his father's income before
	his retirement...  Recently, he has been able to obtain bank
	records simply by calling a bank employee and requesting the
	information...by dialing a number slightly different than the
	bank's main switchboard number and "sounding knowledgeable" he
	can easily persuade bank employees to give out customers'
	personal data."

Comment, Computer Bulletin Board Operator Liability for User Misuse
54 Fordham Law Revew 439
1985

	Recommended by Mike....@f27.n285.z1.fidonet.org (Mike Riddle):

	[These] law review articles ... all touch on issues related to
	recent inquiries about system operator liability and privilege
	occasioned by recent law enforcement activities.

	This is by no means an exhaustive list, but it's pretty good,
	and will give any interested party a starting point for further
	research.

	While oriented toward Bulletin Board Systems, the analysis
	provided would appear to fit larger applications, such as this
	newsgroup.  When reading them, remember that three were written
	before the ECPA was enacted, and that there has been little
	reported litigation involving the ECPA.  In legal terms, the
	law is "unsettled."

Comment, An Electronic Soapbox: Computer Bulletin Boards and the First
     Amendment 
Eric C. Jensen
39 Federal Communications Law Journal 217
1987

	Recommended by Mike....@f27.n285.z1.fidonet.org (Mike Riddle):
	see above.

ECPA and Online Computer Privacy
Hernandez
41 Federal Communications Law Journal 17 
1989

	Recommended by Mike....@f27.n285.z1.fidonet.org (Mike Riddle):
	see above.

Legal Analysis of Electronic Bulletin Board Activities
Soma, Smith & Sprague
7 W. New England L. Rev. 571
1985

	Recommended by Mike....@f27.n285.z1.fidonet.org (Mike Riddle):
	see above.
-- 
John Gilmore      {sun,pacbell,uunet,pyramid}!hoptoad!gnu        g...@toad.com
Just say no to thugs.  The ones who lock up innocent drug users come to mind.

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