rfc1259.txt

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   7.  1991 Senate NREN Hearing 1 (Opening statement of Sen. Gore).

   8.  Details of the visions vary in their content and expression.
   Senator Gore's bill mandates that federal agencies will serve as
   information providers, side by side with commercial services, making
   (for instance) government-created information available to the public
   over the network. Individuals will gain "access to supercomputers,
   computer data bases, other research facilities, and libraries." (Gore
   imagines junior high school students dialing in to the Library of
   Congress to look up facts for a term paper.)  Apple CEO John Sculley
   has predicted that "knowledge navigators" will use personal computers
   to travel through realms of virtual information via public digital
   networks.

   Such visions are powerful, but they sometimes seem too much like
   sales tools; too vague and overconfident to set direction for
   research.  People often infer from the Apple's "knowledge navigator"
   videotape, for instance, that human-equivalent computer speech
   recognition is just around the corner; but in truth, it still
   requires fundamental research breakthroughs. Network users will still
   need keyboards or pointing devices for many years. Nor will the
   network be able (as some have suggested) to translate automatically
   between languages. (It will allow translators to work more
   effectively, posting their work online.)

   9.  M. Dertouzos, Building the Information Marketplace, Technology



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RFC 1259                 Building The Open Road           September 1991


   Review 29, 30 (January 1991).

   10.  See FCC Hearing on "Networks of the Future" (Testimony of M.
   Kapor)(May 1, 1991).

   11.  J. Berman, Democratizing the Electronic Frontier, Keynote
   Address, Third Annual Hawaii Information Network and Technology
   Symposium, June 5, 1991.

   12.  S.272, section 5(d). This section continues: "(1) to the maximum
   extent possible, operating facilities need for the Network should be
   procured on a competitive basis from private industry; (2) Federal
   agencies shall promote research and development leading to deployment
   of commercial data communications and telecommunications standards;
   and (3) the Network shall be phased into commercial operation as
   commercial networks can meet the needs of American researchers and
   educators."

   13.  The distinction between strong support for interoperability and
   something less is illustrated in the NREN compromise debate occurring
   as this paper is being written.  The bill from the Senate Commerce
   Committee (S.272) calls for "interoperability among computer
   networks," section 701(a)(6)(A), while the compromise currently being
   discussed with the Energy Committee adopts a more watered down goal
   of "software availability, productivity, capability, portability."
   section 701(a)(3)(B).

   14.  552 F.Supp 151 (D.D.C. 1982)(Greene, J.).  The MFJ restrictions
   barred the BOCs from providing long distance services, from
   manufacturing telephone equipment, and from providing information
   services.

   15.  The Senate, under the leadership of Sen. Hollings, has just
   recently voted to lift the manufacturing restrictions against the
   BOCs contained in the MFJ.

   16.  In The Matter of Advanced Intelligent Network, Petition for
   Investigation, filed by Coalition of Open Network Architecture
   Parties (November 16, 1990).

   17.  Amendment of Sections 64.702 of the Commission's Rules and
   Regulations, 104 FCC 2d 958 (COMPUTER III), vacated sub nom,
   California v. FCC (9th Cir. 1990).

   18.  NTIA Telecomm 2000 at 79.

   19.  Committee on Energy and Commerce, Subcommittee on
   Telecommunications and Finance, Hearings on Modified Final Judgment,



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   101st Cong., 1st Sess., 1-2 (May 4, 1989).

   20.  Communications Competitiveness and Infrastructure Modernization
   Act of 1991, S. 1200, Title I, Amending Communications Act section 1,
   47 USC 151.

   21.  S.272, section 2(b)(1)(B).

   22.  S.272 Commerce-Energy Compromise section 203(a).

   23.  1991 Senate NREN Hearing at 32 (Statement of Hon. D. Allan
   Bromley, Director, Office of Science and Technology Policy).

   24.  M. Dertouzos at 31.

   25.  See 47 USC section 201.

   26.  See ACLU Information Technology Project, Report to the American
   Civil Liberties Board from the Communications Media Committee to
   Accompany Proposed Policy Relating To Civil Liberties Goals and
   Requirements of the United States Communications Media
   Infrastructure.  (Draft, July 15, 1991) [hereinafter, ACLU Report].
   "Non-discriminatory access to new communications systems must be
   guaranteed not simply because it is the economically efficient thing
   to do, but more importantly because it is the only way to ensure that
   freedom of expression is preserved in the Information Age."

   27.  Though common carriage principles have historically been applied
   to telephone and telegraph systems, the preservation of First
   Amendment values of free expression and free press was not the
   motivating factor.  Professor de Sola Pool notes that telephone and
   telegraph systems inherited their common carrier obligations not so
   much out of First Amendment concerns, but in order to promote
   commerce.  The more appropriate model to look to in extending First
   Amendment values to new communications technologies is the mails.  As
   reflected in the post clause, empowering Congress to "establish post
   offices and post roads," the Constitutional drafters felt that
   creation of a robust postal system was vital in order to ensure free
   expression and healthy political debate.  As Sen. John Calhoun said
   in 1817:

      Let us conquer space.  It is thus that . . . a citizen of the West
      will read the news of Boston still moist from the press.  The mail
      and the press are the nerves of the body politic.

   Non-discriminatory access to the mails has been secured by the
   Supreme Court as a vital extension of First Amendment expression.  In
   a dissent which is now reflective of current law, Justice Holmes



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   argued that

      [t]he United States may give up the Post Office when it sees fit,
      but while it carries it on the use of the mails is almost as much
      a part of free speech as the right to use our tongues. (Milwaukee
      Social Democratic Publishing Co. v. Burleson, 255 US 407 (1921)
      (Holmes, J., dissenting)(emphasis added).  This principle was
      finally affirmed in Hannegan v. Esquire, 327 US 146 (1945) (cited
      in de Sola Pool).

   See de Sola Pool, Technologies of Freedom 77-107.

   28.  E. Noam, FCC Hearing "Networks of the Future" (May 1, 1991).

   29.  1991 Senate NREN Hearing at 52 (Statement of Donald Langenberg,
   Chancellor of the University of Maryland System).

   30.  47 USC section 201.  Following much controversy about obscene or
   indecent dial-a-message services, a number of BOCs and interexchange
   carriers (IXCs, ie. MCI, Sprint, etc.) have adopted policies which
   limit the kinds of information services for which they will provide
   billing and collection services.  Recently, some carriers have gone
   so far as to refuse to carry the services at all, even if the service
   handles its own billing.  See ACLU Report.

   31.  See J. Berman & W. Miller, Communications Policy Overview 14-24,
   Communications Policy Forum (April 1991).

   32.  Electronic Communications Privacy Act of 1986, 18 USC 2510 et
   seq.  See also J. Berman & J. Goldman, A Federal Right of Information
   Privacy: The Need for Reform, Benton Foundation Project on
   Communications & Information Policy Options (1989).

   33.  See Statement In Support Of Communications Privacy, following
   1991 Cryptography and Privacy Conference, sponsored by Electronic
   Frontier Foundation, Computer Professionals for Social
   Responsibility, and RSA Software. (June 10, 1990).














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RFC 1259                 Building The Open Road           September 1991


Security Considerations

   Security issues are not discussed in this memo.

Author's Address

   Mitchell Kapor
   Electronic Frontier Foundation
   155 Second Street
   Cambridge, MA 02142

   Phone: [phone]

   EMail: [e-mail]





































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