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<P>The Chinese intend to implement these controls in a hierarchical fashion. In theirscheme, interconnected networks are all screened through the government communicationsinfrastructure. All local networks are required to patch into these interconnectednetworks. Lastly, all individuals must go through a local network. Through this scheme,they have effectively designed an information infrastructure that is easily monitored.At each stage of the infrastructure are personnel responsible for that stage's networktraffic.</P><P>Moreover, there are provisions prohibiting the traffic of certain materials. Theseprohibitions naturally include obscene material, but that is not all. The wordingof the article addressing such prohibitions is sufficiently vague, but clear enoughto transmit the true intentions of the State:<DL>	<DD>Furthermore, any forms of information that may disturb public order or considered	obscene must not be produced, reproduced, or transferred.</DL><P>Reportedly, the Chinese government intends to erect a new Great Wall of Chinato bar the western Internet. These reports suggest that China will attempt to filterout dangerous western ideology.</P><P>China is not alone in its application of totalitarian politics to the Internetand computers. Let's have a look at Russia.<H2><FONT COLOR="#000077"><B>Russia and the CIS</B></FONT></H2><P>President Yeltsin issued Decree 334 on April 3, 1995. That decree granted extraordinarypower to the Federal Agency of Government Communications and Information (FAPSI).The decree prohibits:<DL>	<DD>...within the telecommunications and information systems of government organizations	and enterprises the use of encoding devices, including encryption methods for ensuring	the authenticity of information (electronic signature) and secure means for storing,	treating and transmitting information...</DL><P>The only way that such devices can be used is upon review, recommendation, andapproval of FAPSI. The decree also prohibits:<DL>	<DD>...legal and physical persons from designing, manufacturing, selling and using	information media, and also secure means of storing, treating and transmitting information	and rendering services in the area of information encoding, without a license from	FAPSI.</DL><P>In the strictest terms, then, no Russian citizen shall design or sell softwarewithout a license from this federal agency, which in fact acts as information police.American intelligence sources have likened FAPSI to the NSA. As the article &quot;RussianViews on Information-Based Warfare&quot; by Timothy L. Thomas notes:<DL>	<DD>FAPSI appears to fulfill many of the missions of the U.S. National Security Agency.	It also fights against domestic criminals and hackers, foreign special services,	and &quot;information weapons&quot; that are for gaining unsanctioned access to information	and putting electronic management systems out of commission, and for enhancing the	information security of one's own management systems.</DL><BLOCKQUOTE>	<P><HR><FONT COLOR="#000077"><B>Cross Reference:</B></FONT><B> </B>&quot;Russian Views on	Information-Based Warfare&quot; can be found on the Web at <A HREF="http://www.cdsar.af.mil/apj/thomas.html"><TT>http://www.cdsar.af.mil/apj/thomas.html</TT></A>.	<HR></BLOCKQUOTE><P>Despite this cloak-and-dagger treatment of the exchange of information in Russia(the Cold War is over, after all), access in Russia is growing rapidly. For example,it is reported in <I>Internetica </I>in an article by Steve Graves that even CompuServeis a large ISP within the Russian Federation:<DL>	<DD>CompuServe, the largest American online service, has local access numbers in	more than 40 Russian cities, ranging from Moscow and St. Petersburg to Vladivostok.	Access is provided through SprintNet, which adds a surcharge to the connect-time	rate. Although CompuServe itself does not charge any more for connections than it	does in the U.S., the maximum connection speed is 2400 baud, which will greatly increase	the time required for any given access, particularly if Windows-based software is	used.</DL><BLOCKQUOTE>	<P><HR><FONT COLOR="#000077"><B>Cross Reference:</B></FONT><B> </B>Access Steve Graves's	article at <A HREF="http://www.boardwatch.com/mag/96/feb/bwm19.htm"><TT>http://www.boardwatch.com/mag/96/feb/bwm19.htm</TT></A>.	<HR></BLOCKQUOTE><P>Despite Mr. Yeltsin's decrees, however, there is a strong cracker undergroundin Russia. Just ask CitiBank. The following was reported in <I>The St. PetersburgTimes</I>:<DL>	<DD>Court documents that were unsealed Friday show that Russian computer hackers	stole more than $10-million from Citibank's electronic money transfer system last	year. All but $400,000 of that has been recovered, says a CitiBank spokeswoman. None	of the bank's depositors lost any money in the fraud but since it happened, Citibank	has required customers to use an electronic password generator for every transfer.	The hackers' 34-year-old ringleader was arrested in London three months ago, and	U.S. officials have filed to have him extradited to the United States to stand trial.</DL><P>Unfortunately, there is relatively little information on Russian legislation regardingthe Internet. However, you can bet that such legislation will quickly emerge.<H2><FONT COLOR="#000077"><B>The EEC (European Economic Community)</B></FONT></H2><P>In this section, I address European attitudes and laws concerning computers andthe Internet. Nonetheless, although the United Kingdom is indeed a member of theEuropean Union, I will treat them separately. This section, then, refers primarilyto generalized EU law and proposals regarding continental Europe.</P><P>It is interesting to note that European crackers and hackers often have differentmotivations for their activities. Specifically, European crackers and hackers tendto be politically motivated. An interesting analysis of this phenomenon was madeby Kent Anderson in his paper &quot;International Intrusions: Motives and Patterns&quot;:<DL>	<DD>Close examination of the motivation behind intrusions shows several important	international differences: In Europe, organized groups often have a political or	environmental motive, while in the United States a more &quot;anti-establishment&quot;	attitude is common, as well as simple vandalism. In recent years, there appears to	be a growth in industrial espionage in Europe while the United States is seeing an	increase in criminal (fraud) motives.</DL><BLOCKQUOTE>	<P><HR><FONT COLOR="#000077"><B>Cross Reference:</B></FONT><B> </B>Find &quot;International	Intrusions: Motives and Patterns&quot; on the Web at <A HREF="http://www.aracnet.com/~kea/Papers/paper.shtml"><TT>http://www.aracnet.com/~kea/Papers/paper.shtml</TT></A>.	<HR></BLOCKQUOTE><P>For these reasons, treatment of Internet cracking and hacking activity in Europeis quite different from that in the United States. A recent case in Italy clearlydemonstrates that while freedom of speech is a given in the United States, it isnot always so in Europe.</P><P>Reportedly, a bulletin board system in Italy that provided gateway access to theInternet was raided in February, 1995. The owners and operators of that service weresubsequently charged with some fairly serious crimes, as discussed by Stanton McCandlishin his article &quot;Scotland and Italy Crack Down on `Anarchy Files'&quot;:<DL>	<DD>...the individuals raided have been formally charged with terroristic subversion	crimes, which carry severe penalties: 7-15 years in prison...The BITS BBS [the target]	carried a file index of materials available from the Spunk [underground BBS] archive	(though not the files themselves), as well as back issues of Computer Underground	Digest (for which EFF itself is the main archive site), and other political and non-political	text material (no software).</DL><BLOCKQUOTE>	<P><HR><FONT COLOR="#000077"><B>Cross Reference:</B></FONT><B> </B>Mr. McCandlish's article	can be found on the Web at <A HREF="http://www.eff.org/pub/Legal/Foreign_and_local/UK/Cases/BITS-A-t-E_Spunk/eff_raids.article"><TT>http://www.eff.org/pub/Legal/Foreign_and_local/UK/Cases/BITS-A-t-E_Spunk/eff_raids.article</TT></A>.	<HR></BLOCKQUOTE><P>This might sound confusing, so let me clarify: The files that prompted the raid(and subsequent indictments) were the type that thousands of Web sites harbor herein the United States, files that the FBI would not think twice about. An interestingside note: In the wake of the arrests, a British newspaper apparently took greatlicense in reporting the story, claiming that the &quot;anarchy&quot; files beingpassed on the Internet and the targeted BBS systems were endangering national securityby instructing mere children to overthrow the government. The paper was later forcedto retract such statements.<BLOCKQUOTE>	<P><HR><FONT COLOR="#000077"><B>Cross Reference:</B></FONT><B> </B>To read some of those	statements, see the <I>London Times</I> article &quot;Anarchists Use Computer Highway	for Subversion&quot; by Adrian Levy and Ian Burrell at <A HREF="http://www.eff.org/pub/Legal/Foreign_and_local/UK/Cases/BITS-A-t-E_Spunk/uk_net_anarchists.article"><TT>http://www.eff.org/pub/Legal/Foreign_and_local/UK/Cases/BITS-A-t-E_Spunk/uk_net_anarchists.article</TT></A>.	<HR></BLOCKQUOTE><P>In any event, the Europeans are gearing up for some Orwellian activity of theirown. In a recent report to the Council of Europe, proposals were made for techniquesdealing with these new technologies:<DL>	<DD>In view of the convergence of information technology and telecommunications,	law pertaining to technical surveillance for the purpose of criminal investigations,	such as interception of telecommunications, should be reviewed and amended, where	necessary, to ensure their applicability. The law should permit investigating authorities	to avail themselves of all necessary technical measures that enable the collection	of traffic data in the investigation of crimes.</DL><P>European sources are becoming increasingly aware of the problem of crackers, andthere is a strong movement to prevent cracking activity. No member country of theUnion has been completely untouched. The French, for example, recently suffered amajor embarrassment, as detailed in the article &quot;French Navy Secrets Said Crackedby Hackers,&quot; which appeared in <I>Reuters</I>:<DL>	<DD>Hackers have tapped into a navy computer system and gained access to secret French	and allied data, the investigative and satirical weekly <I>Le Canard Enchaine</I>	said...Hackers gained access to the system in July and captured files with acoustic	signatures of hundreds of French and allied ships. The signatures are used in submarine	warfare to identify friend and foes by analyzing unique acoustic characteristics	of individual vessels.</DL><H2><FONT COLOR="#000077"><B>The United Kingdom</B></FONT></H2><P>The United Kingdom has had its share of computer crackers and hackers (I personallyknow one who was recently subjected to police interrogation, search and seizure).Many UK sources suggest that English government officials take a decidedly knee-jerkreaction to computer crimes. However, the UK's main body of law prohibiting cracking(based largely on Section 3(1) of the Computer Misuse Act of 1990) is admittedlyquite concise. It covers almost any act that could be conceivably undertaken by acracker. That section is written as follows (the text is converted to American Englishspelling conventions and excerpted from an article by Yaman Akdeniz):<DL>	<DD>A person is guilty of an offense if (a) he does any act which causes an unauthorized	modification of the contents of any computer; and (b) at the time when he does the	act he has the requisite intent and the requisite knowledge.</DL><P>You will notice that intent is a requisite element here. Thus, performing an unauthorizedmodification must be accompanied by intent. This conceivably could have differentimplications than the court's interpretation in the Morris case.</P><P>A case is cited under that act against an individual named Christopher Pile (alsocalled the Black Baron), who allegedly released a virus into a series of networks.Pile was charged with (and ultimately convicted of) unlawfully accessing, as wellas damaging, computer systems and data. The sentence was 18 months, handed down inNovember of 1995. Pile is reportedly the first virus author ever convicted underthe act.</P><P>Akdeniz's document reports that English police have not had adequate trainingor practice, largely due to the limited number of reported cases. Apparently, fewcompanies are willing to publicly reveal that their networks have been compromised.This seems reasonable enough, though one wonders why police do not initiate theirown cracking teams to perform simulations. This would offer an opportunity to examinethe footprint of an attack. Such experience would likely prove beneficial to them.<H2><FONT COLOR="#000077"><B>Finland</B></FONT></H2><P>Finland has traditionally been known as very democratic in its application ofcomputer law. At least, with respect to unauthorized snooping, cracking, and hacking,Finland has made attempts to maintain a liberal or almost neutral position regardingthese issues. Not any more. Consider this statement, excerpted from the report &quot;FinlandConsidering Computer Virus Bill&quot; by Sami Kuusela:<DL>	<DD>Finnish lawmakers will introduce a bill in the next two weeks that would criminalize	spreading computer viruses--despite the fact that many viruses are spread accidentally--This	means that if someone in Finland brings a contaminated diskette to his or her workplace	and doesn't check it with an anti-virus program, and the virus spreads into the network,	the person will have committed a crime. It would also be considered a crime if a	virus spreads from a file downloaded from the Internet.</DL><BLOCKQUOTE>	<P><HR><FONT COLOR="#000077"><B>Cross Reference:</B></FONT><B> </B>Check out <A HREF="http://www.wired.com/news/politics/story/2315.html"><TT>http://www.wired.com/news/politics/story/2315.html</TT></A>	to see Kuusela's report. <HR></BLOCKQUOTE><P>At this stage, you can undoubtedly see that the trend (in all countries and jurisdictions)is aimed primarily at the protection of data. Such laws have recently been draftedas proposals in Switzerland, the UK, and the United States.</P><P>This trend is expected to continue and denotes that computer law has come of age.Being now confronted with hackers and crackers across the globe, these governmentshave formed a type of triage with respect to Internet and computer laws. At thistime, nearly all new laws appear to be designed to protect data.<H2><FONT COLOR="#000077"><B>Free Speech</B></FONT></H2><P>Users may erroneously assume that because the Communications Decency Act dieda horrible death in Pennsylvania, all manners of speech are free on the Internet.That is false. Here are some examples:

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