sundevil.txt

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location comprise the first settlements on an electronic frontier.

While well-established legal principles and cultural norms give
structure and coherence to uses of conventional media like newspapers,
books, and telephones, the new digital media do not so easily fit into
existing frameworks.  Conflicts come about as the law struggles to
define its application in a context where fundamental notions of speech,
property, and place take profoundly new forms. People sense both the
promise and the threat inherent in new computer and communications
technologies, even as they struggle to master or simply cope with them
in the workplace and the home.

The Electronic Frontier Foundation has been established to help civilize
the electronic frontier; to make it truly useful and beneficial not just
to a technical elite, but to everyone; and to do this in a way which is
in keeping with our society's highest traditions of the free and open
flow of information and communication.

To that end, the Electronic Frontier Foundation will:

1.      Engage in and support educational activities which increase
popular understanding of the opportunities and challenges posed by
developments in computing and telecommunications.

2.      Develop among policy-makers a better understanding of the issues
underlying free and open telecommunications, and support the creation of
legal and structural approaches which will ease the assimilation of
these new technologies by society.

3.      Raise public awareness about civil liberties issues arising from
the rapid advancement in the area of new computer-based communications
media.  Support litigation in the public interest to preserve, protect,
and extend First Amendment rights within the realm of computing and
telecommunications technology.

4.      Encourage and support the development of new tools which will
endow non-technical users with full and easy access to computer-based
telecommunications.

======================================================

ACROSS THE ELECTRONIC FRONTIER

by
John Perry Barlow and Mitchell Kapor
Electronic Frontier Foundation
Washington, DC
July 10,1990

Over the last 50 years, the people of the developed world have begun to
cross into a landscape unlike any which humanity has experienced before.  It
is
a region without physical shape or form. It exists, like a standing wave, in
the vast web of our electronic communication systems. It consists of electron
states, microwaves, magnetic fields, light pulses and thought itself.

It is familiar to most people as the "place" in which a long-distance
telephone
conversation takes place. But it is also the repository for all digital or
electronically transferred information, and, as such, it is the venue for most
of what is now commerce, industry, and broad-scale human interaction. William
Gibson called this Platonic realm "Cyberspace," a name which has some currency
among its present inhabitants.

Whatever it is eventually called, it is the homeland of the Information Age,
the place where the future is destined to dwell.

In its present condition, Cyberspace is a frontier region, populated by the
few
hardy technologists who can tolerate the austerity of its savage computer
interfaces, incompatible communications protocols, proprietary barricades,
cultural and legal ambiguities, and general lack of useful maps or metaphors.

Certainly, the old concepts of property, expression, identity, movement, and
context, based as they are on physical manifestion, do not apply succinctly in
a world where there can be none.

Sovereignty over this new world is also not well defined. Large institutions
already lay claim to large fiefdoms, but most of the actual natives are
solitary and independent, sometimes to the point of sociopathy. It is,
therefore, a perfect breeding ground for both outlaws and vigilantes.

Most of society has chosen to ignore the existence of this arising domain.
Every day millions of people use ATM's and credit cards, place telephone
calls,
make travel reservations, and access information of limitless variety...all
without any perception of the digital machinations behind these transactions.

Our financial, legal, and even physical lives are increasingly dependent on
realities of which we have only dimmest awareness. We have entrusted the basic
functions of modern existence to institutions we cannot name, using tools
we've
never heard of and could not operate if we had.

As communications and data technology continues to change and develop at a
pace
many times that of society, the inevitable conflicts have begun to occur on
the
border between Cyberspace and the physical world.

These are taking a wide variety of forms, including (but hardly limited to)
the following:

I.	Legal and Constitutional Questions

What is free speech and what is merely data? What is a free press without
paper
and ink? What is a "place" in a world without tangible dimensions?  How does
one protect property which has no physical form and can be infinitely and
easily reproduced? Can the history of one's personal business affairs properly
belong to someone else? Can anyone morally  claim to own knowledge itself?

These are just a few of the questions for which neither law nor custom can
provide concrete answers. In their absence, law enforcement agencies like the
Secret Service and FBI, acting at the disposal of large information
corporations, are seeking to create legal precedents which would radically
limit Constitutional application to digital media.

The excesses of Operation Sun Devil are only the beginning of what threatens
to become a long, difficult, and philosophically obscure struggle between
institutional control and individual liberty.

 II.	Future Shock

Information workers, forced to keep pace with rapidly changing technology, are
stuck on "the learning curve of Sisyphus." Increasingly, they find their
hard-acquired skills to be obsolete even before they've been fully mastered.
To
a lesser extent, the same applies to ordinary citizens who correctly feel a
lack of control over their own lives and identities.

One result of this is a neo-Luddite resentment of digital technology from
which
little good can come. Another is a decrease in worker productivity ironically
coupled to tools designed to enhance it. Finally, there is a spreading sense
of
alienation, dislocation, and helplessness in the general presence of which no
society can expect to remain healthy.

 III.	The "Knows" and the "Know-Nots"

Modern economies are increasingly divided between those who are comfortable
and
proficient with digital technology and those who neither understand nor trust
it. In essence, this development disenfranchises the latter group, denying
them
any possibility of citizenship in Cyberspace and, thus, participation in the
future.

Furthermore, as policy-makers and elected officials remain relatively ignorant
of computers and their uses, they unknowingly abdicate most of their authority
to corporate technocrats whose jobs do not include general social
responsibility. Elected government is thus replaced by institutions with
little real interest beyond their own quarterly profits.

We are founding the Electronic Frontier Foundation to deal with these and
related challenges. While our agenda is ambitious to the point of audacity,
we don't see much that these issues are being given the broad social attention
they deserve. We were forced to ask, "If not us, then whom?"

In fact, our original objectives were more modest. When we first heard about
Operation Sun Devil and other official adventures into the digital realm, we
thought that remedy could be derived by simply unleashing a few highly
competent Constitutional lawyers upon the Government. In essence, we were
prepared to fight a few civil libertarian brush fires and go on about our
private work.

However, examination of the issues surrounding these government actions
revealed that we were dealing with the symptoms of a much larger malady, the
collision between Society and Cyberspace.

We have concluded that a cure can lie only in bringing civilization to
Cyberspace. Unless a successful effort is made to render that harsh and
mysterious terrain suitable for ordinary inhabits, friction between the two
worlds will worsen. Constitutional protections, indeed the perceived
legitimacy of representative government itself, might gradually disappear.

We could not allow this to happen unchallenged, and so arises the Electronic
Frontier Foundation. In addition to our legal interventions on behalf of those
whose rights are threatened, we will:

* Engage in and support efforts to educate both the general public and policy-
makers about the opportunities and challenges posed by developments in
computing and telecommunications.

* Encourage communication between the developers of technology, government and
corporate officials, and the general public in which we might define the
appropriate metaphors and legal concepts for life in Cyberspace.

* And, finally, foster the development of new tools which will endow non-
technical users with full and easy access to computer-based
telecommunications.

One of us, Mitch Kapor, had already been a vocal advocate of more accessible
software design and had given considerable thought to some of the challenges
we now intend to meet.

The other, John Perry Barlow, is a relative newcomer to the world of
computing (though not to the world of politics) and is therefore well- equipped
 to act
as
an emissary between the magicians of technology and the wary populace who must
incorporate this magic into their daily lives.

While we expect the Electronic Frontier Foundation to be a creation of some
longevity, we hope to avoid the sclerosis which organizations usually develop
in their efforts to exist over time. For this reason we will endeavor to
remain
light and flexible, marshalling intellectual and financial resources to meet
specific purposes rather than finding purposes to match our resources. As is
appropriate, we will communicate between ourselves and with our constituents
largely over the electronic Net, trusting self- distribution and
self-organization to a much greater extent than would be possible for a more
traditional organization.

We readily admit that we have our work cut out for us. However, we are
greatly
encouraged by the overwhelming and positive response which we  have received
so
far. We hope the Electronic Frontier Foundation can  function as a focal point
for the many people of good will who wish to settle in a future as abundant
and free as the present.

======================================================


    FOR IMMEDIATE RELEASE

 Contact: Marc Rotenberg [phone]

 CPSR TO UNDERTAKE EXPANDED CIVIL LIBERTIES PROGRAM

 Washington, D.C., July 10, 1990 -- Computer Professionals for Social
Responsibility (CPSR), a national computing organization, announced
today that it would receive a two-year grant in the amount of $275,000
for its Computing and Civil Liberties Project.  The Electronic Frontier
Foundation (EFF),founded by Mitchell Kapor,  made the grant to expand
ongoing CPSR work on civil liberties protections for computer users.

 At a press conference in Washington today, Mr. Kapor praised CPSR's
work, "CPSR plays an important role in the computer community.  For the
last several years, it has sought to extend civil liberties protections
to new information technologies.  Now we want to help CPSR expand that
work."

 Marc Rotenberg, director of the CPSR Washington Office said, "We are
obviously very happy about the grant from the EFF.  There is a lot of
work that needs to be done to ensure that our civil liberties
protections are not lost amidst policy confusion about the use of new
computer technologies."

 CPSR said that it will host a series of policy round tables in
Washington, DC, during the next two years with lawmakers, computer
users, including (hackers), the FBI, industry representatives, and
members of the computer security community.  Mr. Rotenberg said that the
purpose of the meetings will be to "begin a dialogue about the new uses
of electronic media and the protection of the public interest."

 CPSR also plans to develop policy papers on computers and civil
liberties, to oversee the Government's handling of computer crime
investigations, and to act as an information resource for organizations
and individuals interested in civil liberties issues.

 The CPSR Computing and Civil Liberties project began in 1985 after
President Reagan attempted to restrict access to government computer
systems through the creation of new classification authority.  In 1988,
CPSR prepared a report on the proposed expansion of the FBI's computer
system, the National Crime Information Center.  The report found serious
threats to privacy and civil liberties.  Shortly after the report was
issued, the FBI announced that it would drop a proposed computer feature
to track the movements of people across the country who had not been
charged with any crime.

 "We need to build bridges between the technical community and the policy
community," said Dr. Eric Roberts, CPSR president and a research
scientist at Digital Equipment Corporation in Palo Alto, California.
"There is simply too much misinformation about how computer networks
operate.  This could produce terribly misguided public policy."

 CPSR representatives have testified several times before Congressional
committees on matters involving civil liberties and computer policy.
Last year CPSR urged a House Committee to avoid poorly conceived
computer activity.  "In the rush to criminalize the malicious acts of
the few we may discourage the beneficial acts of the many,"  warned
CPSR.  A House subcommittee recently followed CPSR's recommendations
on computer crime amendments.

 Dr. Ronni Rosenberg,