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Subject: TELECOM Digest V23 #561

TELECOM Digest     Mon, 22 Nov 2004 14:59:00 EST    Volume 23 : Issue 561

Inside This Issue:                             Editor: Patrick A. Townson

    EchoStar Statement on Passage of Satellite Bill (Monty Solomon)
    OFX Consortium Develops New Approach To Financial Account Data (Solomon)
    Video Board Approves Apple-Supported Codecs (Monty Solomon)
    How do I Discover an Unknown Number (reking)
    Dropping SBC For a VoIP Solution - Vonage or Packet8? (Ringo Langly)
    Internet Broadband Services via Satellite (Thomas Ludwig)
    Re: Trial Shows How Spammers Operate (Dan Lanciani)
    Re: Trial Shows How Spammers Operate (jdj)
    Re: SBC Wants its Cut of VoIP Revenue (Lisa Hancock)
    Re: Movie Studios to Sue Internet File Traders (Robert Bonomi)
    Record Keeping, Re: Movie Studios Sue Internet File Traders (D.Burstein)
    U.S. Senate Passes Scaled-Back Copyright Measure (Lisa Minter)

All contents here are copyrighted by Patrick Townson and the
individual writers/correspondents. Articles may be used in other
journals or newsgroups, provided the writer's name and the Digest are
included in the fair use quote.  By using -any name or email address-
included herein for -any- reason other than responding to an article
herein, you agree to pay a hundred dollars to the recipients of the
email.

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

Addresses herein are not to be added to any mailing list, nor to be
sold or given away without explicit written consent.  Chain letters,
viruses, porn, spam, and miscellaneous junk are definitely unwelcome.

We must fight spam for the same reason we fight crime: not because we
are naive enough to believe that we will ever stamp it out, but because
we do not want the kind of world that results when no one stands
against crime.   Geoffrey Welsh

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

See the bottom of this issue for subscription and archive details
and the name of our lawyer; other stuff of interest.  

----------------------------------------------------------------------

Date: Sun, 21 Nov 2004 17:56:42 -0500
From: Monty Solomon <monty@roscom.com>
Subject: EchoStar Statement on Passage of Satellite Bill


ENGLEWOOD, Colo.--(BUSINESS WIRE)--Nov. 21, 2004--EchoStar
Communications Corporation (NASDAQ:DISH) released the following
statement today:

EchoStar applauds the members of Congress for their work in passing
the Satellite Home Viewer Extension and Reauthorization Act of 2004
that will benefit consumers. Over the next several years, the bill
will allow satellite TV carriers to begin offering distant high
definition TV network channels to many consumers if the local
broadcasters lapse on their promises to Congress to begin broadcasting
full-power HDTV to their viewers. EchoStar thanks the Senate and House
Commerce Committees and the Senate and House Judiciary Committees for
their time and effort in creating this bill and focusing on the best
interests of consumers. In particular, we appreciate the diligence of
Senators Ensign, McCain, and Stevens, their staffs and the
participation of the House and Senate leadership.

      - http://finance.lycos.com/home/news/story.asp?story=45160092

------------------------------

Date: Mon, 22 Nov 2004 09:56:55 -0500
From: Monty Solomon <monty@roscom.com>
Subject: OFX Consortium Develops New Approach To Financial Account Data


MOUNTAIN VIEW, Calif.--(BUSINESS WIRE)--Nov. 22, 2004--

     Seeks Comments on Process that Increases Safety, Security
      and Reliability of Electronic Financial Data Transfers

The OFX Consortium, a group of companies that includes Intuit Inc.
(Nasdaq:INTU), Parsam Technologies, Citigroup (NYSE:C) and Microsoft
Corp. (Nasdaq:MSFT), is working to standardize the way financial
transactions are transmitted over the Internet. The consortium is
seeking comments on a new proposal that would increase the safety,
security and reliability of electronic transfers.

The proposal, available at http://www.ofx.net/ , takes a new approach
to aggregating customer data by extending the widely used Open
Financial Exchange (OFX) specification in ways that allow aggregators
to receive account data for large numbers of users. In addition, it
provides a mechanism that removes the need for sensitive user
information, such as passwords, to be stored on aggregators' systems.

The proposal was developed by the Open Financial Exchange Aggregation
Services Working Group over the past 12 months. This extension to OFX
provides ways to meet data exchange guidelines as defined in BITS
Voluntary Guidelines for Aggregation Services, Version 2.0, published
in January 2004, which is being endorsed by businesses with varying
roles in electronic financial transactions.

     - http://finance.lycos.com/home/news/story.asp?story=45168355

------------------------------

Date: Mon, 22 Nov 2004 12:21:07 -0500
From: Monty Solomon <monty@roscom.com>
Subject: Video Board Approves Apple-Supported Codecs


By Jim Dalrymple

The Digital Video Broadcasting Steering Board (DVB) has approved a
revision to its implementation guidelines for audio and video codecs
over a broadcast Transport Stream. The revision includes two
technologies supported by Apple Computer Inc., H.264 or Advanced Video
Codec (AVC) and High Efficiency AAC (HE-AAC) audio codecs.

AVC and AAC are codecs supported by MPEG-4, an open standard
technology based on the QuickTime file format and adopted by the ISO
governing body.

http://www.macworld.com/news/2004/11/09/avc/index.php

------------------------------

From: rekingus@yahoo.com (reking)
Subject: How Do I Learn an Unknown Number?
Date: 22 Nov 2004 09:55:48 -0800
Organization: http://groups.google.com


Anyone know how I can retrieve a phone number for a line that I have
recently discovered within our business.

SBC is our carrier but they tell me I would have to have someone come
out and trace the line at a charge. Is there a way of determining the
nimber by using some code entered on the phone.

reking

[TELECOM Digest Editor's Note: There is a number (varies from one 
central office to another), but they are kept secret by the phone
company, which tends to change them every three months or so anyway.
If you knew *what central office your company is in* it is possible
one or more of our readers who know about that sort of thing might
be able to advise you what number (as of this day) to dial into. It is
often times a number in the 200 'area code' such as 200-xxx-xxxx. Some
reader may write to you to get the needed details and look up the
answer for your particular situation. Or, you write again and tell us,
maybe someone will answer you through here. 

What some people do, however, is inquire via 'Operator 7'. They place
a 'person to person' long distance call to some number where there are
a lot of transients, such as a large hotel, asking for Mr. Johnson.
After looking around for Mr. Johnson, the hotel switchboard operator
cannot find such a person; there is no such person as Mr. Johnson.
But you insist he is due to arrive almost any minute, and ask your
local operator to 'leave word'. So your operator will instruct the
hotel switchboard operator to "leave word for Mr. Johnson when he
arrives to call long distance to (your town) and ask for 'operator 7'
(which is telco terminology for an incompleted person to person call),
and the calling number is xxx-xxx-xxxx."  You write down the number
you heard your operator quote to the hotel switchboard operator, and
you have your answer. If your operator asks "what number do you want
Mr. Johnson to call you on?" your answer should be 'ask him to call
this number I am on now.' and the operator will quote what her console
ANI says.  Its a variation on social engineering. The only time this
may not work is if the operator suspects she is dealing with a phreak
then she may choose to split the connection while she is instructing
the hotel operator what to do, just to be nasty about it. If that
happens the only thing you can do is wait a few minutes then try again
hoping for a different operator next time. Or, call the hotel switch-
board direct, state that you are Mr. Johnson and 'do you have any
messages there for me?' Its a less expensive approach than telling
the service rep to set up a technician's visit; and quicker also.  PAT]

------------------------------

From: rlangly@gmail.com (Ringo Langly)
Subject: Dropping SBC For a VoIP Solution -- Vonage or Packet8 ??
Date: 22 Nov 2004 07:42:11 -0800
Organization: http://groups.google.com


Hi all,

I've been with SBC for quit a while, and the $35/month plus long
distance I pay is really steap compared to what others like Vonage and
Packet8 charge.  I could also go with Time Warner's phone solution,
but it's $50/month -- which is more then I'm paying now.

For one, I don't make many long distant calls anyway (maybe 3-4 a
month), so paying $50/month over $35/month for unlimited LD is useless
for me.  This brings me to two choices I'm looking at -- Vonage or
Packet8.

I've found a number of reviews, and they do help:
http://www.easycall.net/broadband-phone.shtml
http://reviews.cnet.com/4540-9238_7-30974762-3.html?rid=30974760
http://www.thetravelinsider.info/2003/0829.htm

 ... and most show Vonage better yet Packet8 cheaper.  The key issue
that's tieing me up is Vonage isn't in my area yet -- though they've
said they'll be here 'soon' for like the last 6 months.  THey are in
my areacode, but the towns they cover are LD from where I live.

Can someone give me some pros and cons from personal experience on
either service?  Why did you choose one over another?  I'm looking
more at Vonage mainly because of the features and Softphone program,
which I'd love to get.

Thanks for any insite ...

Ringo

------------------------------

From: tludwig@idirect.net (Thomas Ludwig)
Subject: Internet Broadband Services via Satellite
Date: 22 Nov 2004 07:55:02 -0800
Organization: http://groups.google.com


iDirect's technology has been optimized to deliver IP traffic over
satellite, without land-line, and can handle any internet or web
enabled functions, including high-speed internet surfing, VOIP,
video-conferencing and others.  Our technology is really cutting edge
for IP VSAT in that we are pure TCP/IP-based and it is designed to
deliver very high speed internet services into more remote-areas where
terrestrial solutions are lacking.

The iDirect "NetModem", which goes at the customer premises, is
actually a combination satellite modem and internet router with TCP
Acceleration and QoS built in (our "one box solution").  The Netmodem
can provide up to 9 Mbps of throughput on the receive side and up to 4
Mbps of throughput on the transmit side. We have also built uplink
power control into our technology that provides far greater
reliability even in bad weather conditions.

In general, iDirect's target market has been corporate WAN's,
especially for customers in such sectors as oil and gas and government
that need a highly robust, application rich solution.  One area where
we are seeing a quite a big interest is for using our technology for
hybrid VSAT/terrestrial wireless solutions.  In this scenario, the the
VSAT link receives the high-speed internet connection, and then the
internet is distributed from the VSAT using WiFi or some other
terrestrial wireless solution.


Kind Regards,

Thomas Ludwig
+32 479 34 94 40
EMEA iDirect Technologies
Regus House
268 Bath Road
Slough, Berks
SL1 4DX
United Kingdom

------------------------------

Date: Sun, 21 Nov 2004 23:23:34 EST
From: Dan Lanciani <ddl@danlan.com>
Subject: Re: Trial Shows How Spammers Operate


bonomi@host122.r-bonomi.com (Robert Bonomi) wrote:

> In article <telecom23.559.11@telecom-digest.org>, Dan Lanciani
> <ddl@danlan.com> wrote:

>> Obviously.  But why should I care?  The point of the response is to
>> tell people who were neither sending spam nor forging their address
>> that their mail has been incorrectly identified as spam.  Note that I
>> do not include the body of the original message in my automated
>> response, so you can't use my filter to reflect spam to a third party.

> Suppose *your* email address got forged as the sender on spam that
> went to 100,000 people using a similar system.

My email addresses are frequently forged as from addresses for spam
and various trojan horse programs.  The automatically generated
responses to those messages make up a lot of my junk mail.  The
difference between those "similar" systems and my system is that the
operators of those systems are not considerate enough to rate-limit
the responses to one per several months.  Yet I do not condemn them
for this oversight.

|Guess what happens to _your_ mailbox.

Yes, let's guess.  Or rather, let's compare the two scenarios.  If
nobody were using a system similar to mine then my mailbox would see
at a minimum a bounce message for each bad address on the list of
100,000 people.  You may try to argue that spammers--being far more
considerate of the innocent user whose from address they forged than I
am--would carefully vet the list to minimize the bounces.  But
everybody who has received the bounces resulting from these forgeries
knows that this is not the case.  And even if the target address is
good, it may well be set up to reject unknown from addresses.

If every target system involved *were* running something like my
filter then my mailbox would see at most one spam warning message from
each *system* involved, regardless of the number of target addresses
on that system.  You may argue that spammers don't send to multiple
accounts on the same system and -- even though anyone who has cleaned
up the aftermath of having their address used in such a forgery knows
that this argument is not generally valid -- I'll give it to you.  So
in the worst case my mailbox will see 100,000 spam warning messages.
But guess what?  Cleaning up 100,000 spam warning messages rather than
10,000 bounces (assuming a conservative 10% bounce rate) really
doesn't involve a significantly greater effort.  Beyond a certain
threshold it comes down to removing the whole file, possibly after
grepping for a few important keywords.

On the other hand, in the best case (and a case that I expect would be
much more typical) all 100,000 destination addresses may be @aol.com,
so I'll get but one warning regardless of the god/bad address ratio.
I like the odds.

> But, "why should those people care?"

They should *not* care.  I encourage everyone to do something similar
to what I am doing.  This is not a prisoner's dilemma or a tragedy of
the commons.  The only downside to any individual of others doing the
same thing is a greater incentive for spammers to look for ways around
the specific filter, but that is a second order effect.  And in any
case the actual filters don't have to be the same, just the general
operation.

> *You* don't care about being part of doing it to them.

What I'm doing is not part of the problem; it is part of the solution.
Consider what would happen if everybody implemented a system similar
to mine.  There might (or might not, depending or arguable statistics
about how well the addresses are coalesced per system) be more warning
messages for people to read.  But getting people to read warning
messages does not benefit spammers.  Spammers need people to read
*their* messages.  If nobody reads their messages then they will go
away.

Of course, it may be hard to accept that a solution that helps in the
long term also provides tangible advantages to its users in the short
term.  We've been hearing for years about strategic initiatives to
fight spam by punishing the owners of open relays and causing
collateral damage to residents of spam-friendly ISPs.  It all sounds
very clever and political, but the spam just keeps increasing.  (You
may claim that the problem would be even worse were it not for these
strategic initiatives; I really don't know.)  I'm tired of waiting, so
I opt for a more direct approach.

> If all the spam had *invalid* addresses addresses, it wouldn't be an
> issue.  But, it is _very_ common for the forged address to belong to a
> _real_person_ who had *nothing*to*do* with the spam.

> You *are* spamming _their_ mailbox.

Nonsense.  You are re-defining "spamming" to suite your goal of
shifting blame from the spammers to those who do not wish to read
their spam.

>>> Occasionally I see messages like that and they are treated
>>> like spam, since they have nothing to do with me and responding to
>>> them is useless.  They go to /dev/null. Until it's full.

>> That works only if you have time to look at all the messages.  I
>> don't.

(I see you declined to disclose a working solution here or in the
initial part of my message where I asked for an alternative.  How
about proposing a solution that does not involve reading the spam as
its senders desire and that does not involve dropping what might not
be spam on the floor without a response.)

>>> Since spammers never use a real From: address replying by mail is
>>> useless.

>> It is extremely useful for my purposes; it just may not happen to also
>> do what you (said you) want. :)

> Yeah.  you mail-bomb *innocent* parties who's address was used
>_without_their_permission_as the sender.

So you consider sending a single warning message in response to a
received message to constitute mail-bombing?  Again, I think you are
using a very strained definition in an attempt to shift blame from the
responsible parties to the victims.  Do you also consider an error
response for a non-existent target address to constitute mail-bombing?
What about a response that the recipient is not accepting mail from
the sender (as is popular with AOL)?

>> My machine doesn't look like a relay and they are not trying to use it
>> as a relay.  They are sending to long lists of (invalid) *local*
>> addresses.

> It's called a 'dictionary' attack.

No kidding.  The question is why they are doing it to my machine.  I
suppose it's possible that they do it to any port 25 to which they can
connect, but I'm not convinced.

Anyway, feel free to have the last word.  I realize that this is
basically a religious argument that could carry on indefinitely, so
I'll bow out.

Dan Lanciani
ddl@danlan.*com

[TELECOM Digest Editor's Note: The same thing could be said of me, I
guess. I have an autoreply here at telecom I sent out to everyone who
writes to anyone@telecom-digest.org or ptownson@massis.lcs.mit.edu
which serves three purposes. If you are a good person, writing here to
ask a question of the readers, comment on what others said, (or quite
often, sass at me) that's fine. The second purpose is if you spammed,
but are trainable, like most cats and many dogs to use a litter pan or
a newspaper, then it tells you we are not interested in buying
anything. The third purpose of the autoack is if you did not write any
letter at all, to let you know someone has borrowed your name or your
port 25 or whatevr, so you can make adjustments as needed.  PAT]

------------------------------

From: jdj <jdj@now.here>
Subject: Re: Trial Shows How Spammers Operate
Date: Sun, 21 Nov 2004 21:16:58 -0800
Organization: Posted via Supernews, http://www.supernews.com


On Sun, 21 Nov 2004 00:22:44 -0500, Dan Lanciani wrote:

> jdj@now.here (jdj) wrote:

>> On Wed, 17 Nov 2004 03:12:34 -0500, Dan Lanciani wrote:

>>> Interesting.  I didn't realize that this was considered a bad thing.

>> There are a lot of people who equate receiving spam to stepping in what
>> the cat leaves on the lawn.

> This makes no sense.  How exactly can you avoid "receiving spam"?

Huh? I don't find mention of avoiding spam here. This was relating the
emotional aspect of stepping in the cat's donation to one's lawn to
spam.  Can't really avoid that, either -- unless there's no lawn.

>> It makes them all kinds of upset when someone suggests doing something
>> other than killing received spam.

> Tell me how to kill received spam without also killing legitimate mail
> and I'll do it.

????????

OK, now I _am_ confused.

Moving on ...

>>> My filters respond to every (seemingly) spam message with a note
>>> indicating how to bypass the filter if in fact the mail is not spam.
>>> (Actually they do this only once per sender per some months, but you
>>> get the idea.)  I really can't just dump (seeming) spam in the bucket
>>> since there are a few false positives.  But I get 1500+ spams per day
>>> and I can't look at them all.

That's not too many... :)

>> Chances are that your filters are sending responses to forged
>> addresses.

> Obviously.  But why should I care?  The point of the response is to tell
> people who were neither sending spam nor forging their address that
> their mail has been incorrectly identified as spam.

Not a good idea for someone in business. Not a few people will not bother
trying again. So I presume you're not in business.

>> Occasionally I see messages like that and they are treated like spam,
>> since they have nothing to do with me and responding to them is
>> useless.  They go to /dev/null. Until it's full.

> That works only if you have time to look at all the messages.  I don't.

Not even such messages that make it through the filters?
 
>> I should have made it clear that I was not talking about replying to
>> mail.

> Yes, that would have been helpful ...

Well, it is a rare spammer, if any, that requests a mail response. I
really thought that was fairly common knowledge and would not need to be
put in such pedantic detail.

>> I meant responding by using the url's in the mail body.

> Only a small minority of the spam emails that I've examined bother to
> encode a destination address tracking cookie in the URLs.  Thus your
> comment about tainting the database doesn't make a lot of sense in the
> context of accessing the URLs rather than responding by mail.

Well, not all are so encoded. There are other ways, quite trivial. No, I
will not go into them as they are already discussed to death elsewhere.

You know, there are things you can do to cut back on the connections from
spammers, such as throttling, blocking multiple connections, etc.

>> Since spammers never use a real From: address replying by mail is
>> useless.

> It is extremely useful for my purposes; it just may not happen to also
> do what you (said you) want. :)

?????

>> Spammers hit every machine with an open smtp port. If your mail server
>> accepts connections and even looks like it relays, it will be on
>> spammer lists as a good relay. They don't care if nothing is actually
>> delivered.

> My machine doesn't look like a relay and they are not trying to use it
> as a relay.  They are sending to long lists of (invalid) *local*
> addresses.

I wonder what makes your mailer so special that they keep trying
invalid addresses?

I rarely see such traffic. They nearly always are looking for relays.

>> A SYN would do nothing and with multiple SYNs being sent from all over
>> the place it would probably be regarded as a dDOS attack.

> That's quite a stretch, given that each SYN would be in response to
> something the spammer had actually sent, i.e., there would be no third
> party initiating the attack.  Of course, you would have to be careful
> not to build a distributed machine that *could* be used by a third party
> for such an attack.

What would you think if you were getting thousands of SYNs from all over
the world all the time? And what would a laywer think?

>> To be charged for a hit a page must be requested. So sending a SYN
>> would cost the spammer nothing.

> So you are saying that spam hosters do not charge their clients for IP
> traffic?  Even if that is true, they might change their policy in the
> face of such a response.

As I said, they charge for hits. SYNs are not hits. Wishes are not
fishes.

> Unfortunately, I can't afford to waste the bandwidth by actually
> requesting the pages.

Then the trick is not for you.

------------------------------

From: hancock4@bbs.cpcn.com (Lisa Hancock)
Subject: Re: SBC Wants its Cut of VoIP Revenue
Date: 22 Nov 2004 10:04:11 -0800
Organization: http://groups.google.com


Adam <adam@no_thanks.com> wrote 

> How can we fight to prevent S.B.C from reaching its greedy claws into
> the VoIP treasure chest?

Well, as I understand it, VOIP was just ordered by the FCC to be
deregulated.  So they have to make do in the marketplace.  If fees
charged by their vendors are too high, they may find another vendor
(like cable companies who offer VOIP) or build their own networks,
just like the cable companies were able to do.

I think it's wrong when the new carriers want to be deregulated when
it suits them, but be a "public utility" when it suits them.  They
can't have it both ways.  The VOIP escaped the regulatory burdens the
traditional land line carriers have to put up with, which is a major
financial benefit to them.

------------------------------

Organization: Robert Bonomi Consulting
Subject: Re: Movie Studios to Sue Internet File Traders
From: bonomi@host122.r-bonomi.com (Robert Bonomi)
Date: Mon, 22 Nov 2004 06:50:32 +0000


[TELECOM Digest Editor's Note: In this next group of three messages,
Robert Bonomi contradicts me, then Danny Burstein elaborates on what
he was saying earlier (about no logs kept very long), and finally,
Lisa Minter explains what the lame duck government decided to do a
couple days ago on copyright violations.  PAT[

In article <telecom23.560.9@telecom-digest.org>,

> [TELECOM Digest Editor's Note: But as someone else noted in a message,
> not all ISPs keep that information around very long. Once they have
> had a chance to do what they need with it, the information is dumped. 
> And if someone called in on a dialup line and hacked a real user's
> name and password then they would have nothing to go on would they?
> PAT]

Ever hear of ANI, and/or caller ID ?

Six years ago, almost all of UUnet's dial-ups had caller ID, the
capability to 'lock out' given calling numbers, and rejected calls
without caller ID info.

In greater NYC, at -that- time, they had *one* POP that couldn't do
caller ID (actually it was the telco C.O. that couldn't 'do' it).  And
a _very_ persistent spammer who was using it, via large numbers of
throw-away accounts via providers that contracted with UUnet for
dial-up port access.

AT THAT TIME, they were migrating to ANI where it was available.

The big dial-up ports providers have had enough problems with fraud,
etc.  that they almost all run pretty paranoid systems, with extensive
logging retained for extended periods.

Contrary to the other poster's assertation, almost all ISPs keep this
info around for moderately extended periods -- i.e. _months_, for
their *own* needs.  It can easily take a month or more, for
credit-card fraud to surface, just to mention one reason.  Example:
card charged at the beginning of a billing cycle.  4 weeks later is
end-of-cycle.  Several days after that the charge statement is mailed.
A few days later it is delivered.  *BUT* the cardholder is on vacation
for 3 weeks.  You're at 60+ days from the account opening, before the
cardholder 'notices' the fraudulent charge, and challenges it.  ONLY
THEN does the 'red flag' go up at the ISP, that the caller log data
may be 'needed' to identify the criminal that defrauded _them_.

In any territory where there is 'measured calling', the
_telephone_company_ has records of every call, going back
_at_least_six_months_, often longer.  Even on 'unlimited calling plan'
lines.  Finding the records of calls made _to_ your number is a royal
pain-in-the-ass, but it _can_ be done.  Despite the public claims by
the telco's to the contrary. (Judges are _not_ amused when a subpoena
response comes back 'we do not have any such data available', and the
requesting party shows the judge that they _do_ have call-detail data
for that period available; that the 'true situation' is that is is
'inconvenient' to look for what was subpoenaed. Such a pissed-off
judge can provide a _great_deal_ of 'motivation' to a recalcitrant
phone company.  *grin* )

------------------------------

From: Danny Burstein <dannyb@panix.com>
Subject: Record Keeping, was Re: Movie Studios to Sue Internet File Traders
Date: Mon, 22 Nov 2004 00:55:19 UTC
Organization: PANIX Public Access Internet and UNIX, NYC


In <telecom23.560.9@telecom-digest.org> bonomi@host122.r-bonomi.com
(Robert Bonomi) writes:

( lots snipped )

>> [TELECOM Digest Editor's Note: But many IP addresses are not static,
>> but dynamic. What do they do then to find the person who 'stole' the
>> movie or the piece of music? PAT]

> *READ* what I wrote, above.  They have the IP address _and_ the timestamp.
> The subpoena the ISP to *find*out* _who_ was using *that* IP address *at*
> *that*time*. The _ISP_ *does* have that information, from authentication
> logs, etc.  _Now_ they have the person's name, to replace the "John Doe"
> on the lawsuit.

> [TELECOM Digest Editor's Note: But as someone else noted in a message,
> not all ISPs keep that information around very long. Once they have
> had a chance to do what they need with it, the information is dumped. 
> And if someone called in on a dialup line and hacked a real user's
> name and password then they would have nothing to go on would they?
> PAT]

The bit of hacking a "real user", etc., is an annoyance but not the
major issue. Of far more concern is that, thanks (or no thanks) to
such massive (ab)use of the legal system by the RIAA (and others) many
ISPs, and many other groups that would have records, are trashing them
as soon as they're not absolutely necessary for system functioning.

This has potential to cripple valid and serious investigations.

With the emphasis that I'm speaking for myself and not for any group
I'm associated with, if the FBI came by and was looking for info to
help track a shipment of plutonimum, or to figure out where a car
bomber was connecting to the internet, I'd give them all the
assistance I could.

However, I most assuredly do NOT want to get into the midst of a
pissing match between the RIAA and music sharers. Or, for that matter,
divorce proceedings. Or thousands of other relatively minor incidents,
which, while important to the people involved, are of no social
seriousness.

The net result of the RIAA, etc., hassles is that a huge amount of
useful infomration that could be crucial in major cases is destroyed.

(Let me repeat here that it's not just the RIAA but they're the most
visible. It's also not just ISPs that see this concern. Taken to
extremes you'll find pizza stores dumping records so as not to get
dragged into investigations of adultery in divorce cases ...).

And I fear we're going to see exactly this scenario, one in which the
feds have a _valid_ and _crucial_ need to find out which internet
connection was used six weeks ago to, say, check out suppliers of
geiger counters, but all the records are long since destroyed.

_____________________________________________________
Knowledge may be power, but communications is the key
		     dannyb@panix.com 
[to foil spammers, my address has been double rot-13 encoded]

------------------------------

From: Lisa Minter <lisa_minter2001@yahoo.com>
Subject: U.S. Senate Passes Scaled-Back Copyright Measure
Date: Mon, 22 Nov 2004 11:50:04 EST


WASHINGTON (Reuters) - The U.S. Senate has voted to outlaw several
favorite techniques of people who illegally copy and distribute
movies, but has dropped other measures that could have led to jail
time for Internet song-swappers.

People who secretly videotape movies when they are shown in theaters
could go to prison for up to three years under the measure, which
passed the Senate on Saturday.

Hackers and industry insiders who distribute music, movies or other
copyrighted works before their official release date also face
stiffened penalties under the bill.

"This bill strengthens the intellectual-property laws that are vital
to the ongoing growth of our economy," Utah Republican Sen. Orrin
Hatch said.

Most elements of the bill have already passed the House of
Representatives but will need to be approved by the House again in
December to iron out minor differences.

Left out were several more controversial measures that would
criminalize the actions of millions of U.S. Internet users who copy
music and movies for free over "peer to peer" networks like Kazaa.

These users now face copyright-infringement lawsuits from recording
labels and movie studios, and thousands have been hit with such suits
since last year.

Under a measure approved by the Senate Judiciary Committee last month,
song swappers could go to jail for up to three years if they shared
more than 1,000 copyrighted works.

That bill would have also directed the Justice Department to pursue
file-traders more actively through civil lawsuits.

Consumer groups, consumer-electronics makers and the American
Conservative Union had sought to derail those measures, portraying
them as a radical expansion of traditional copyright protections.

That material was dropped from the bill, but the Justice Department
said on its own last month it plans to take a more aggressive approach
to policing intellectual-property crimes.

The bill also shields "family friendly" services like ClearPlay that
strip violent or sexually explicit scenes from movies. Hollywood
groups say such services violate their copyrighted works by altering
them without permission.

A section that would have made it illegal to edit out commercials was
removed.

Earlier in the week Congress approved a measure that would streamline
the process by which royalty rates are determined.

Another measure that would have made it easier to sue peer-to-peer
networks died in committee last month, though insiders expect Congress
to take it up again next year.


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