CFP'96 summary.

April 1996

• Intro: The conference schedule, and Web page.

  A lot of different topics from cryptography and electronic money to legal consequences of supporting an obscene web page were covered. Many of these topics, while interesting to the on-line community, are less important for RPI. We'll just briefly mention them so interested parties can get more information. Two web pages are:

  • http://swissnet.ai.mit.edu/~switz/cfp96/
  • http://www.cfp.org/

  The pannel sessions and keynote are available in ``RealAudio'' format.

• e-mail and the ECPA'86.

  The Electronic Communications Privacy Act of 1986 extended the wiretap act to cover electronic communications including e-mail. What does the ECPA protect and what are the exceptions?

  • What does the ECPA protect?

    ``... any transfer of signs, signals, writing, images sounds, data, or intelligence of any nature transmitted in whole or in part by wire, radio, electromagnetic, photoelectric or photoptical system that affects interstate or foreign commerce.''

    Also prohibits unauthorized access, and unauthorized use or disclosure of stored communications, and ``exceeding'' an authorized access and therefore gaining access to stored data.

    It is not only unlawful to intercept, it is unlawful to disclose the contents of intercepted messages.

  • What are the exceptions?
    • System maintenance.
    • Assistence to law enforcement.
    • Parties to communication consent.
    • Publicly accessible communications (Harvard case).
    • Fraudulent, unlawful or abusive use of service.

    • Penalties:
      • Not more then 5 years imprisonment. Also civil damages and $100/day of interception up to $10,000.
      • Chapter 121 (the unauthorized access to data) carries a $250,000 fine and up to 1 year imprisonment for a first offense if there was a commercial gain, malicious destruction or damage or private commercial gain.
      • $5,000 and 6 months if no malicious destruction, or commercial or private gain.

      • Copyright:
        • Types of infringement.
          • Direct infringement
          • ``Means to infringe'' infringement
          • participatory infringement
          • Who is liable for infringement (vicarious liability)
            • Landlord/tenant and Dance Hall cases.
            • Booth rental cases
            • Sysop liability
              • Playboy Enterprises, Inc. v. Frena
              • Sega Enterprises, Ltd. v. Maphia

              • Digital agenda, the future of copyright?

              • Adult material:

                With the passage of the communications decency act there has been a lot of discussion about adult material in the Internet. The CDA is likely to be struck down by the courts, but it hardly matters. The courts have long established that ``indecency'' can be regulated (but not banned) and that obscenity has no first amendment protections.

              • Types of ``Adult'' material.
                • Indecency: Constitutionally protected, can be regulated as to time and place.
                • Obscenity: Not constitutionally protected.
                  • Defined in terms of community standards.
                  • Possession in the privacy of home is protected.
                  • Transporting it is not.
                  • Child Pornography: Not constitutional, mere possession is illegal.

                    Application of laws to the Web?

                  • Thomas case (a BBS):
                    • Running an Adult BBS in California.
                    • Procecuters in Memphis, TN download images.
                    • Thomases are now in Jail.
                    • Upheld on appeal.
                    • Nothing new, then could identify destination.

                    • Standards and Practices.

                    • What business are we in?
                      • Are we CCS providers or ISP?

                        I would think the consensus is we are CCS providers, but the services we provide are: e-main, usenet, web access, home pages---the same services provided by AlbanyNet or CRISNY. In fact, we are in competition with them. Some of our users buy service from them, and some of their users access our services through them.

                      • Are ISP telecommunications companies?

                        The state of Texas says ``yes.'' The logic is a state telecommunications regulation stating: ``computer service providers are not telecommunications companies, so long as the services they provide are not telecommunications services.''

                        How these questions are answered may affect the way we do business, and what regulatory structure we fall under.

                      • Consequences of online speech.
                        • Student mail group.
                        • Defamatory web page.
                        • Obscene web page.
                        • Student breaking into account.

                        • Teaching Ethics:
                          • Teaching ethics 1: Case study model, MIT's 1-credit course.
                          • Teaching ethics 2: Context of other course.
                          • Teaching ethics 3: University of Delaware. http://cause-www.colorado.edu/pd/awards/bp/95winners/bp-ud.html
                          • Teaching ethics 4: The RPI model?
                          • Why teach ethics?

                          • Closing: web pages.