Previous Next Index Thread

Cu Digest, #7.92

Computer underground Digest    Wed  Nov 29, 1995   Volume 7 : Issue 92
                           ISSN  1004-042X

       Editors: Jim Thomas and Gordon Meyer (TK0JUT2@MVS.CSO.NIU.EDU
       Archivist: Brendan Kehoe
       Shadow Master: Stanton McCandlish
       Field Agent Extraordinaire:   David Smith
       Shadow-Archivists: Dan Carosone / Paul Southworth
                          Ralph Sims / Jyrki Kuoppala
                          Ian Dickinson
       Cu Digest Homepage: http://www.soci.niu.edu/~cudigest

CONTENTS, #7.92 (Wed, Nov 29, 1995)

File 1--Cyber Robber Barons
File 2--LoGIC: Call for papers
File 3--Reconfiguring Power, Challenges for the 21st century
File 4--Cu Digest Header Info (unchanged since 5 Nov, 1995)

CuD ADMINISTRATIVE, EDITORIAL, AND SUBSCRIPTION INFORMATION APPEARS IN
THE CONCLUDING FILE AT THE END OF EACH ISSUE.

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

Date: Wed, 22 Nov 1995 23:57:01 GMT
From: rkmoore@internet-eireann.ie (Richard K. Moore)
Subject: File 1--Cyber Robber Barons

                       ********************************
           This article may be posted in entirety for non-profit use.
                       ********************************

To appear in:  INFORMATION SOCIETY, Vol 12(2)
   Edited by:  Mark Poster <mposter@benfranklin.hnet.UCI.EDU>
     See WWW:  http://www.ics.uci.edu/~kling/tis.html

                       ********************************

                Cyberspace Inc and the Robber Baron Age,
                   an analysis of PFF's "Magna Carta"

                 Copyright 1995 by Information Society

                             Richard K. Moore
                             August 19,  1995


Reference:
        Cyberspace and the American Dream:
        A Magna Carta for the Knowledge Age
        Release 1.2 // August 22, 1994


The manifesto "Cyberspace and the American Dream: A Magna Carta for the
Knowledge Age", published by the Progress and Freedom Foundation (PFF), is a
document of considerable significance.  Its very title reveals much about its
intent.  Its promoters -- both alleged and concealed -- are indicative of its
propagandistic mission.  Its contents have accurately prophesied the
legislative
agenda and rhetoric which have unfolded subsequent to the manifesto's
publication.

Given the powerful telecommunications interests behind PFF -- and the close
ties of that organization to Speaker Newt Gingrich -- a detailed analysis
of the
manifesto can provide insight into what may (unfortunately) be the most likely
scenario for the future of cyberspace.

* * *

The title invites direct comparison with the original Magna Carta, which is
defined in The Cassell Concise English Dictionary as follows:

        Magna Carta - The Great Charter of English liberties,
        sealed by King John on 15 June, 1215

With due respect to Cassell's, this is a misleading definition.  The Magna
Carta
did not grant liberties generally to "the English", but rather devolved powers
and privileges exclusively to an elite aristocracy.  As shall be shown in this
article, PFF's "Magna Carta" is similarly misleading: much of its rhetoric
seems
to imply a concern with individual liberties, but its substance would devolve
power and privilege exclusively to the biggest corporate players in the
telecommunications industry.

Just as the Magna Carta supported the power of the Nobles -- with each to have
autocratic power in his own domain -- so PFF's manifesto supports the power of
communications monopolies -- with each to have unregulated control over its
own cyberspace fiefdom.  Rather than being a charter of liberties, the
manifesto
promotes a regime of robber barons in cyberspace.

Instead of an infrastructure for public communications -- like the current
Internet, or the American highway system -- cyberspace would be developed as a
corporate owned monopoly -- priced at whatever the traffic will bear.  Instead
of providing a "space" in which citizens are free to speak and associate (like
Internet), cyberspace would become a profit-machine and propaganda channel
for media conglomerates.  PFF's manifesto is a formula for neo-feudalism in the
"Knowledge Age" -- it is a charter for what could aptly be dubbed "Cyberspace
Inc".

* * *

The ultimate promoters of the manifesto are concealed.  Its introduction claims:

        This statement represents the cumulative wisdom and innovation of many
        dozens of people.  It is based primarily on the thoughts of four
        'co-authors':  Ms. Esther Dyson; Mr. George Gilder; Dr. George
Keyworth;
        and Dr. Alvin Toffler.  This release 1.2 has the final 'imprimatur' of
        no one.

The implication would seem to be that enlightened individuals spontaneously
composed the manifesto, in the interests, presumably, of progress and freedom.
The true authorship is uncertain.  According to Mark Stahlman of New Media
Associates, a scheduled speaker at an upcoming PFF conference:

        The 'author' of this rambling camel-of-a-report is Frank Gregorsky.
        He's a journalist working for PFF who does their newsletter.  None of
        the listed contributors actually did any work directly on the
document.
        That's why it's simply *not* coherent.
           [posted to telecomreg@relay.doit.wisc.edu on Sun, 5 Feb 1995]

The "coherence" of the manifesto will be discussed in some detail below.
As for
the authorship, it would appear that PFF itself must be considered the
source of
the manifesto.

PFF turns out to be a typical industry-front organization.  Characterized
by Mr.
Stahlman as "Newt's 'think tank'", PFF is funded by a panoply of corporate
sponsors.  The February 6, 1995 issue of The Nation carries an article by David
Corn, entitled "CyberNewt".  Here's an excerpt;

        There is nothing particularly futuristic about the funding sources
        behind the P.F.F. and its conference.  Telecommunications firms
        subsidize the group: AT&T, BellSouth, Turner Broadcasting System, Cox
        Cable Communications.  Other donors to the P.F.F.'s $1.9 million bank
        account include conservative foundations, Wired magazine, high-tech
        firms, military contractors, and drug companies (another foundation
        passion is attacking the Food and Drug Administration).

        When Senator Phil Gramm spoke at the [PFF] conference luncheon, the
        tables closest to the podium were reserved for corporate benefactors:
        Eli Lilly, Seagram's, Phillip Morris, S.B.C. Communications (formerly
        Southwestern Bell) ...


Brock N. Meeks published an article in Inter@ctive Week, dated April 28, 1995,
entitled "Freedom Foundation Faces Scrutiny".  These brief excerpts from the
article outline Mr. Meeks' understanding of how PFF funds are used, and how it
seeks to hide its link to Mr. Gingrich:

        ...Among I@W's findings:

        * PFF spent $483,000 to underwrite a college
        course taught by Gingrich. ...

        * PFF spent $148,000 to underwrite The Progress
        Report, Gingrich's weekly cable talk show carried
        on his own National Empowerment Television. ...

        The PFF links to Gingrich and his own political
        action committee, called GOPAC, have drawn the
        interest of the Ethics Committee and the IRS, which
        is "reevaluating" PFF's nonprofit status,
        according to an IRS source.

        The PFF link to Gingrich's rising political
        currency has proved lucrative. From March 1993 to
        March 1994 the group raised $611,000. During the
        remainder of 1994, when it became clear that the
        Republicans stood a good chance to capture both the
        House and the Senate for the first time in 40
        years, an additional $1.07 million poured into PFF
        coffers, according to its financial records. ...

        The latest PFF tax returns do not make any link to
        GOPAC or Gingrich. Any such linking would violate
        IRS tax exemption rules. However, Eisenach is on
        record acknowledging that he did the basic
        groundwork of setting up PFF while running GOPAC.

The money trail apparently goes from media/telecommunications
conglomerates, to PFF, and finally to Mr. Gingrich's projects, which seem to be
heavily focused on propaganda ventures.  Small wonder that PFF's manifesto,
and Mr. Gingrich's legislative agenda, promote excessive deregulation of the
telecommunications industry, and pave the way for monopolistic control.
Evidently the Lords of Cyberspace Inc are to include the likes of  AT&T,
BellSouth, Turner Broadcasting System, and Cox Cable Communications.  Mr.
Gingrich's famous pledges to  "empower the individual" and "provide laptops
for ghetto dwellers" should be seen for what they are: a shallow populist
veneer
covering a corporate-pandering agenda.

* * *

The text of PFF's manifesto is an artful piece of propaganda.  Clouded in cyber-
jargon, illogical in its flow of argument, and disjoint in its presentation --
it does superficially appear to be a "rambling camel-of-a-report", as Mr.
Stahlman observes.  But beneath the deceptive rhetoric -- if one digs patiently
-- there can indeed be found a coherent set of proposals for the commercial
exploitation of cyberspace.

The rhetoric is grandiose.  It talks about the original American experience,
characterized as daring pioneers conquering a new land -- based on the
principles of individual initiative and freedom.  Cyberspace is described as a
similar frontier, and a rallying cry is raised to reaffirm freedom for the
individual -- especially from government control.  The preservation of the
American heritage itself, the manifesto argues, hangs in the balance: freedom
for the individual in cyberspace must be protected!

But the manifesto makes no mention whatever of protections for _individual_
freedoms.  There's no discussion, for example, of guaranteeing freedom of
expression or of protecting privacy.  In addition, there's no discussion of
preserving the viability of Internet mailing lists and bulletin boards -- which
have proven to be cyberspace's equivalent of "freedom of association" and
"freedom of the press".

What the manifesto does discuss -- at great length -- is the protection of
freedoms for _telecommunications & media conglomerates_: freedom to form
monopolies, freedom to set arbitrary price rates and structures, freedom to
control content, and freedom from fair taxation, through special accounting
procedures.  This is a formula which harks back to the robber-baron capitalism
of the late nineteenth century, when railroad, oil, and steel monopolies ran
roughshod over America's economy and political system.

Hence the rhetoric of PFF's manifesto is aimed at accomplishing a clear
propaganda mission.  It aims to stir up sentiment for freedom of the
individual,
and then to deftly shift the ground under the manifesto's audience.  The pro-
freedom sentiment is subtly transferred from the _individual_ to the
_corporation_, not explicitly, but by deceptive turns of phrase.  "The
corporation" is subtly equated to the "the individual", so that
"deregulation of
conglomerates" _seems_ to be synonymous with "freedom for the individual".

Implementation of the manifesto's agenda would not lead to individual
freedom at all.  It would lead to subjugation of the individual by corporate
media monopolies.  The right to access services, the price of the services, the
definition of what services would be provided, the content of "news" and
entertainment -- these would all be decided entirely by media conglomerates,
based on their business interests and political agendas.  Neither individuals
nor their elected representatives would have any say over how cyberspace is to
be developed or used, under PFF's charter for Cyberspace Inc.

Most of the remainder of this article is devoted to examining representative
excerpts of the manifesto text, in order to substantiate and illustrate the
summary analysis above.  At the end there's a brief discussion of the
relationship between the manifesto and the current legislative agenda in
Washington.

* * *

In its Preamble, the manifesto sets forth its grandiose characterization of
cyberspace as the next frontier of the American Dream:

        What our 20th-century countrymen came to think of as the
        "American dream," and what resonant thinkers referred to
        as "the promise of American life" or "the American Idea,"
        emerged from the turmoil of 19th-century industrialization.
        Now it's our turn: The knowledge revolution, and the Third
        Wave of historical change it powers, summon us to renew the
        dream and enhance the promise.

In the first section, "The Nature of Cyberspace", the emphasis on cyberspace as
a delivery media for information products is introduced:

        Cyberspace is the land of knowledge, and the exploration of
        that land can be a civilization's truest, highest calling.
        The opportunity is now before us to empower every person to
        pursue that calling in his or her own way.

As is typical throughout the manifesto, the substance is hidden within fluff
rhetoric.  The operative phrases in this paragraph, confirmed by the rest
of the
manifesto, are "land of knowledge" and "exploration".  Cyberspace is to be
primarily a source of "knowledge" -- meaning commercial media products -- and
the role of the _consumer_ will be to "explore" it -- meaning to navigate the
purchasing options.

This first section also introduces the theme that government is inconsistent
with cyberspace pioneering:

        [Cyberspace] spells the death of the central institutional
        paradigm of modern life,  the bureaucratic organization.
        (Governments, including the American government, are the last
        great redoubt of bureaucratic power on the face of the planet,
        and for them the coming change will be profound and probably
        traumatic.)

As you might expect, nowhere does the manifesto acknowledge that Internet was
established due to government initiative and sponsorship.  And interestingly
enough, the word "Internet" occurs only twice in the manifesto, and the
Internet
precedent is seldom cited as a source of models for how cyberspace might
evolve.
Also, the authors are evidently blind to the possibility that _corporations_
might be "redoubts bureaucratic power".

The next section, "The Nature and Ownership of Property", introduces a number
of complex topics regarding ownership of hardware infrastructure, intellectual
property, and the electromagnetic spectrum.  This section also introduces the
issue of pricing regulation, and touches on preferential taxation.

The main propaganda theme, intentionally confusing the individual with
corporations, is introduced at this point:

        At the level of first principles, should ownership be public
        (i.e. government) or private (i.e. individuals)?

The hook is set here, favoring private over government ownership -- in the
name of the individual.  But in all that follows, it is the corporation that is
granted privileges, not the individual.  As part of the same deceptive
dichotomy, "public/government" is everywhere equated to central bureaucracy,
with no acknowledgement that any kind of regulation could ever be useful, nor
that any kind of public agency, even if highly decentralized, could possibly be
beneficial.  And there is no hint that individuals might ever need to be
protected from corporations, or that government might play some role in such
protection.

The ownership of hardware infrastructure is mentioned, but not discussed.
It is
patently obvious, evidently, to both the authors and the presumed readers, that
this level of infrastructure is to be privately owned.  State operated
telecommunications systems are so far beyond the pale as to be unimaginable.
Again the precedent of Internet (until very recently supported by a public
backbone network) is conspicuously absent from the manifesto.

The discussion of intellectual property is interesting, and appears to have
some
merit.  Patents and copyrights are described as being a "public good" approach
to intellectual property, outdated and cumbersome in the age of cyberspace:

        Third Wave customized knowledge is by nature a private good.

The manifesto's favored approach to intellectual property is described in a
quotation from John Perry Barlow:

       "One existing model for the future conveyance of intellectual
        property is real-time performance... In these instances, commercial
        exchange will be more like ticket sales to a continuous show...
        The other model, of course, is service... Who needs copyright when
        you're on a retainer?"

Apparently the model is that authors would sell their services or their rights
to a commercial distributor, who would then charge the consumer on a "pay per
view" basis.

Dealing with copyrights in electronic media has indeed proven to be a thorny
problem.  Journalists have complained about not being remunerated by
electronic republishing services; rap musicians have allegedly "sampled"
previous material without payment; copyrighted articles are forwarded around
Internet on a free basis.  New mechanisms are needed, and the private sector
_is_ likely to be a creative source of solutions, such as metering technologies.

This model makes no mention of royalties.  Many authors would prefer
royalties, based on distributor revenues, rather than being forced to sell
their
services or works on a fixed-price basis.  This is a time-honored practice in
pre-electronic media, and a fully accountable and enforceable royalty scheme
would be a desirable part of any cyberspace solution for intellectual
property.

With regard to ownership of the electromagnetic spectrum, ominous questions
are raised, but a specific agenda is not developed.  Existing channel
auctioning
practices are criticized as being too limiting.  Perhaps PFF's corporate
backers
are seeking outright permanent ownership of this presumably public resource:

        ...Is the very limited 'bundle of rights' sold in those
        auctions really property, or more in the nature of a use
        permit -- the right to use a part of the spectrum for a limited
        time, for limited purposes?...

Thus far, the manifesto has "established" that private ownership of
infrastructure, intellectual property, and the electromagnetic spectrum should
be strengthened and extended, with the root justification hanging on the thin
thread of deception equating corporation with individual.  Next, the specter of
evil regulation is raised:

        Regulation, especially price regulation, of this property
        can be tantamount to confiscation, as America's  cable
        operators recently learned when the Federal government
        imposed price limits on them... there is no disagreeing
        with the proposition that one's ownership of a good is less
        meaningful when the government can step in, at will, and
        dramatically reduce its value.

Thus the manifesto proposes that every aspect of cyberspace is to be corporate
owned, and that no price regulation should be imposed.  If adequate measures
were taken to insure healthy competition, this formula _might_ serve the public
welfare.  But the monopoly proposals, to be discussed further on, make this a
dangerous formula indeed.  Note above the use of the phrase "one's ownership",
reinforcing the confusion of individual and corporate identity.  Notice also,
there was no discussion of the consumer complaints that led to the regulation,
nor of the immense profits that the cable operators continue to reap subsequent
to the "confiscation".

Next is raised the issue of property depreciation.  The precedent of microchips
is used to claim that cyberspace investments should be depreciated rapidly.
Current capital depreciation practices are denigrated:

        ...Yet accounting and tax regulations still require property
        to be depreciated over periods as long as 30 _years_. The result
        is a heavy bias in favor of 'heavy industry' and against nimble,
        fast-moving baby businesses.

The comparison with microchips and small entrepreneurial ventures is patently
absurd.  Cyberspace Inc is aiming to consolidate ownership of existing
infrastructures, and to deploy new cable, fiber, and coax.  These are
long-range
hardware investments by big players, and the above argument for accelerated
depreciation make no sense.  Such inappropriate tax treatment would amount to
yet another giveaway to rich corporations, at the expense of the oft-touted
individual.  Perhaps small, risk-taking, nimble companies _should_ enjoy more
rapid depreciation, but not these corporate giants, aiming as they are to
exploit
already proven technologies  .

In the next section, "The Nature of the Marketplace", the principle of "dynamic
competition" is discussed.  The principle is very simple, essentially that new
kinds of products should be allowed to capture markets from outmoded
products, just as the automobile replaced the horse and buggy.  The manifesto
attempts to present the idea as if it were a major breakthrough in economic
theory.  It then issues a rallying cry for bold new directions:

        The challenge for policy in the 1990s is to permit, even
        encourage, dynamic competition in every aspect of the cyberspace
        marketplace.

What the manifesto fails to mention is that the American communications
industry is already experiencing _dramatic_ dynamic competition.  Cable,
cellular, satellite, telephone, and broadcast modalities are increasingly
overlapping, evolving, competing, shifting markets around, and bringing down
prices.  By a strange twist of logic, as we shall see later, the _concept_ of
dynamic competition will be used as an argument for increased monopoly control
over markets -- for reducing the _actual_ dynamic competition that is working
so well today.

The next section, "The Nature of Freedom", develops several threads.  It
presents a revisionist version of U.S. and Internet history; it continues the
blurring of individual and corporate interests; it continues the
demonization of
government; it restates the corporate goal of gaining outright ownership of the
electromagnetic spectrum; it hints at the monopolist agenda.

        In a Second Wave world, it might make sense for government
        to assume ownership over the broadcast spectrum and demand
        massive payments from citizens for the right to use it.

Broadcast license fees (hardly massive, by the way) are paid by corporate
broadcasters, not citizens.  Having laid its propaganda groundwork, the
manifesto now freely interchanges individualist and corporate terms with
Orwellian impunity.  By an incredible stretch of doublethink, handing over the
public airwaves to corporate ownership is to be a victory for the individual!

        In a Second Wave world, it might make sense for government
        to prohibit entrepreneurs from entering new markets and
        providing new services.

In a single sweeping revisionist fantasy, America's remarkable record of
supporting innovative entrepreneurs vanishes from history!  And the manifesto
would have us swallow the premise that billion-dollar telecommunications and
media giants are poor, struggling entrepreneurs.

        However desirable as an ideal, individual freedom often
        seemed impractical. The mass institutions of the Second
        Wave required us to give up freedom in order for the system
        to "work."

In yet another revisionist fantasy, America's world-famous history of
freedom is
discounted.  And once again individual freedom is praised, as if that had some
connection to the corporate agenda being espoused.

The next section, "The Essence of Community", proclaims the notion of
distributed communities -- long common on Internet -- as if they were a bold
new idea:

        No one knows what the Third Wave communities of the future
        will look like... It is clear, however, that cyberspace will
        play an important role knitting together in the diverse
        communities of tomorrow, facilitating the creation of
        "electronic neighborhoods" bound together not by geography
        but by shared interests.

Why does "no one know"?  Why aren't Internet lists and newsgroups cited as
living prototypes for distributed communities of the future?  Such frequent and
glaring omission of the Internet precedent is disturbing.  Just as the American
pioneer (so often praised by the manifesto) saw the New World (falsely) as a
virgin land ready for exploitation, so the manifesto seems to see cyberspace as
an empty frontier, yet to be explored and developed.  Are the "natives" of this
frontier -- today's extensive Internet culture -- to be similarly decimated and
pushed onto bleak reservations?  Just as the Magna Carta metaphor reveals
much about the manifesto's robber-baron objectives, perhaps the darker
implications of the pioneering metaphor should be taken seriously as well.

Given the monopoly-priced environment proposed by the manifesto (in the next
section), the kind of informal, citizen-oriented virtual communities popular on
Internet are highly unlikely to be viable.  PFF's notion of distributed
communities (called "cyberspaces") seems to resemble today's internal corporate
networks, as described in a quote from Phil Salin:

       "...Contrary to naive views, these cyberspaces will not all be
        the same, and they will not all be open to the general public.
        The global network is a connected 'platform' for a collection
        of diverse communities, but only a loose, heterogeneous community
        itself. Just as access to homes, offices, churches and
        department stores is controlled by their owners or managers,
        most virtual locations will exist as distinct places of private
        property."

Those groups which can afford to pay the monopolist prices -- such as
corporations and well-funded associations -- can enjoy the benefits which today
are affordable to millions of individuals and groups.  Perhaps nowhere else in
the manifesto is the pro-individualist rhetoric so clearly revealed to be the
lie that it is.  Instead of promoting individual freedom in cyberspace,
existing
freedoms and privileges are likely to be taken away.  The ominous precedent
implicit in the "pioneer" metaphor threatens to recur as cyberspace is cleared
for commercial development.

The next section, "The Role of Government", re-iterates previously stated
corporate objectives -- no price regulation, corporate ownership of
spectra, new
definition of intellectual property, favored tax treatment -- and  proclaims a
new objective: enabling total monopoly control over communications markets.

Much is made of the distinction between one-way and two-way
communications, the implication apparently being that phone companies are
better prepared to develop cyberspace than cable operators:

       "...None of the interactive services will be possible, however,
        if we have an eight-lane data superhighway rushing into every
        home and only a narrow footpath coming back out..."

The claim is made that the multimedia future depends on greater collaboration
between phone and cable companies:

        ...it can be argued that a near-term national interactive
        multimedia network is impossible unless regulators permit
        much greater collaboration between the cable industry and
        phone companies. ...That is why obstructing such collaboration
         -- in the cause of forcing a competition between the cable
        and phone industries -- is socially elitist.

Next, it is claimed that dynamic competition requires that regulated-monopoly
mechanisms (which govern today's RBOCs and cable companies) should be
abolished.  Price and entry regulation are to be replaced by new anti-trust law:

        Antitrust law is the means by which America has...fostered
        competition in markets where many providers can and should
        compete. ...The market for telecommunications services --
        telephone, cable, satellite, wireless -- is now such a market.
        ...price/entry regulation of telecommunications services...
        should therefore be replaced by antitrust law as rapidly as
        possible.

The obvious likely consequences of such an agenda are conspicuously not
discussed by the manifesto.  If entry regulation is removed, and phone/cable
collaboration is encouraged, then the obvious alternatives for collaboration
would be interconnection, joint venture, and acquisition.  Given the multi-
billion dollar capital reserves of the phone companies, the best business
opportunity would presumably be for phone companies to simply acquire cable
companies, thus establishing total monopolies over wires coming into the
home.

Anti-trust law would be largely irrelevant to this scenario.  To begin with,
anti-trust enforcement seems to be a thing of the past -- especially with the
Republican radicals in Congress.  More important, perhaps, is the current anti-
trust stance toward the RBOCs: partitioning them into separate turfs seems
to be
the most that anti-trust enforcers demand.  Within their turfs, they're allowed
be as monopolistic as they can get by with.

If price-regulation is removed, then we would be left with _totally_
unregulated
telecommunications monopolies in each RBOC region -- controlling phone,
television, multimedia, and messaging services, and charging whatever the
traffic will bear.  Hence the appropriateness of this article's title:
"Cyberspace Inc and the Robber Baron Age".  America's total communications
infrastructure would be divided into feudal fiefdoms, and the economic regime
would resemble the railroad cartels of the nineteenth century.

All the manifesto's rhetoric about individual freedom and dynamic competition
is deception -- the agenda is totally anti-competitive, anti-individual, and
anti-free-enterprise.  A century's progress in achieving dynamic, competitive,
and diverse communications industries -- based on appropriate and non-stifling
regulation -- would be thrown out the window all at once.

The final section of the manifesto, "Grasping The Future", is mostly devoted to
reiterating the grandiose rhetorical visions of the mythical "Third Wave".  The
phrase "grasping the future" is an apt conclusion to the manifesto:  the
conglomerates behind PFF are indeed grasping at the future with both hands,
ready to pocket monopolistic windfall profits, presumably enhanced by favored
tax advantages.

* * *

Despite the strongly adversarial attitude this article has taken toward the
"Magna Carta", not all of the points made in that manifesto are considered by
this author to be wrong-headed.  Creative initiatives to the problems posed by
cyberspace are indeed needed, and the manifesto offers some constructive ideas
in that regard.  A pay-per-view model of intellectual property may have
merit --
if original authors are fairly and accountably compensated, and if
non-commercial material is also accommodated at reasonable cost.  Close
collaboration among existing installed bases of coax, cable, and satellite may
be desirable -- if appropriately regulated with respect to price and
common-carrier status.  And new paradigms and visions for understanding the
meaning of communications in the "information age" are needed -- but with more
honesty about the metaphors to be embraced and how they actually map onto
cyberspace realities.

What _is_ highly objectionable in the manifesto is the deceptive manipulation
of libertarian/individualist sentiment, the ignoring of the Internet precedent
and the lessons to be learned from that, the absence of provisions for freedom
of communication and privacy for individuals, the discounting of the proven
constructive role for appropriate regulation, and the disguised corporate power-
grab inherent in the proposed package of polices.

This is not the place to analyze or even enumerate the plethora of competing
legislative proposals currently before Congress regarding telecommunications.
Suffice it to say that the agenda promulgated by the "Magna Carta" is finding
widespread expression in that legislation.  This fact -- along with the
manifesto's close connection to the communications industry and to Speaker
Gingrich -- indicates that the "Magna Carta" should be taken very seriously, as
regards both its agenda, and the kind of rhetoric and deception employed.  The
"Magna Carta" provides a rare insight into the threat facing America's future
from corporate power grabbers, and simplifies the task of seeing through the
propaganda smokescreen being employed by legislators and industry spokespeople.

                       ********************************
                            CyberLib maintained by:

  Richard K. Moore                          rkmoore@internet-eireann.ie
  (USA Citizen)                                 Moderator: Cyberjournal
  Wexford, Ireland              http://www.internet-eireann.ie/cyberlib

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

Date: Wed, 15 Nov 1995 17:18:53 -0500
From: Dov Wisebrod <sherlock@io.org>
Subject: File 2--LoGIC: Call for papers

LoGIC WANTS TO PUT YOU ON THE WEB
=================================

The Legal Group for the Internet in Canada (LoGIC) calls on authors of legal
essays and articles to submit their work for presentation on the World Wide
Web. Interested persons should read the information in this notice carefully.

(Also available online at "http://www.io.org/~logic/papers/solicit.htm".
Please repost in all appropriate places.)


INTRODUCTION

LoGIC is a conduit for the exchange of information and ideas about policies
concerning emerging communication and information technologies. We are
devoted to ensuring informed public, legislative, and regulatory responses
to these technologies, which at present are manifest most profoundly in the
Internet. We want to ensure that new laws and regulations have no
detrimental effects on the free and interactive communication of information.

Our work focuses on four broad areas of activity relating to our goals:

1.      Dissemination of information about legislative, jurisprudential, and
        political developments in Canada.
2.      Research and commentary about legislative, jurisprudential, and
        political developments in Canada.
3.      Participation in the shaping of Canadian law and public policy to new
        developments.
4.      Monitoring of, and participation in, criminal and civil cases in the
        Canadian legal system.

Further information is available in our Mandate at our web site.


ELIGIBILITY

LANGUAGE:  Papers must be written in English -- and written well.

AUTHORSHIP:  Papers must be original work, but need not be unpublished. Work
published elsewhere previously, concurrently, or subsequently is acceptable.
Work prepared by multiple authors is acceptable.

SUBJECT:  We are The Legal Group for the Internet in Canada. Clearly, the
work must relate to law, the Internet, and Canada. If it fails to meet any
of these criteria, it is unacceptable.

*Please browse LoGIC's web site for samples.


DEADLINE

Submissions must be received by 11:59pm, Sunday, January 14, 1996.


TERMS

FORMAT:  Work must be submitted in electronic form only. We will not
consider hard copy work; we will not return hard copy work. Work must be
submitted as a wordprocessed file that can be filtered into Lotus AmiPro 3.1
for Windows. This includes MS Word for Windows 1.x/2.0/6.0 and WordPerfect
4.2/5.x/6.0. ASCII files (with footnotes appearing at the end) are optimal
and encouraged. The less fancy the formatting, the better. Sorry, but
Macintosh files are unacceptable. We will appreciate submissions that are
compressed using PKZip or ARJ, but uncompressed work is acceptable.

SUBMISSION:  Work may be submitted as a file attachment to an e-mail, or as
a UUencoded e-mail, sent to Dov Wisebrod at "sherlock@io.org".
Alternatively, work may be submitted on a 3.5" floppy disk to either Dov
Wisebrod or Daniel Shap. (Browse LoGIC's web site for contact information,
or e-mail LoGIC at "logic@io.org".) All authors must submit their name,
address, telephone number, and e-mail address. An e-mail address for contact
purposes is essential, though it need not be the author's own.

COPYRIGHT:  Persons who submit work must warrant their ownership of
copyright in the work. LoGIC will not ask authors to assign copyright to us.
Authors are free to publish elsewhere. LoGIC asks only that it be provided
with the most recent version of the work for presentation on its web site.

ACCEPTANCE:  Not all submissions will be accepted. All work that qualifies
according to the terms set out in this notice will be reviewed. The results
will be communicated by e-mail to all authors who have submitted work.


INQUIRIES

E-MAIL:    logic@io.org
WWW:       http://www.io.org/~logic

   /-----------------------\/--------------------------------------------\
  /      Dov Wisebrod       \ The Legal Group for the Internet in Canada /
 /      sherlock@io.org      \         http://www.io.org/~logic         /
/ http://www.io.org/~sherlock \              logic@io.org              /

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

Date: Mon, 13 Nov 1995 12:08:05 -0800
From: Gilberto Arriaza <arriaza@UCLINK2.BERKELEY.EDU>
Subject: File 3--Reconfiguring Power, Challenges for the 21st century

Dear colleagues:  Here is a Call for Papers you might be interested.
Gilberto Arriaza.  School of Education, UC Berkeley


                                Journal of Social Justice

Reconfiguring Power, Challenges for the 21st century
Recent backlash against immigrants and affirmative action can be seen as
part of a larger struggle over resources, national identity, and more
generally (re)configurations of power in the United States in the twenty
first century.  Demographic trends continue to point to greater diversity
in the U.S. population, however there is growing resistance to the
adjustments which  must be made in society generally, and in the
workplace and social institutions (i.e. education, the arts, political
parties) in particular, to accommodate those who have historically and
who are presently excluded.  Already the debates which have emerged over
these issues differ in several important ways from the manifestations of
social conflict and polarization that occurred in the latter part of the
twentieth century.

This issue of the Journal of Social Justice is dedicated to exploring the
contours and substance of these new struggles.  In addition to
documenting how these conflicts are being played out in particular social
and cultural contexts, contributors will analyze the underlying social
and cultural forces and interests which influence how issues are viewed,
and how social action and discourse are affected.  Beyond analyzing the
content and character of those conflicts, contributors are encouraged to
illuminate possibilities of influencing how they can be resolved such
that greater social justice is achieved.

Topics for this issue may include::
Issues of immigration, cultural identity and the nation state.
Dismantling of the welfare state, social implications.
Schools and the meaning of citizenship, national identity and cultures,
and the access to power.
Obstacles to Gay, Lesbian and bisexual rights.
Crime, violence and social policy.
Language, language rights and the dynamics of power.
Gender equity, reproductive rights.
Local impact of macro level economic and political change.
Racial and ethnic conflict.

Review: Each submission will be read by a committee of two members.  In
case a  disagreement among them arises,  the editors will call for the
opinion of a third member..

Format:  Submit three hard copies of a 12 size font, double spaced of no
more than thirty 8 X 11.5 pages.  This includes  references.  Each paper
must have an abstract of no more than one, double space, 8 X 11.5 page.
On a separate card  of 3 X 5 (approximately) include title, your name,
affiliation, local address, telephone numbers, fax and electronic mail,
to contact you.

Deadline: Submission must be in our office by Monday, May 6th, 1996.  No
contributions will be accepted after this date.  The accepted papers will
be part of  a panel for AERA '97.

Address: c/o Professor Pedro  Noguera
        University of California at Berkeley
        School of Education
        Social and Cultural Studies
        4501 Tolman Hall
        Berkeley, 94720

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

Date: Sun, 5 Nov 1995 22:51:01 CDT
From: CuD Moderators <cudigest@sun.soci.niu.edu>
Subject: File 4--Cu Digest Header Info (unchanged since 5 Nov, 1995)

Cu-Digest is a weekly electronic journal/newsletter. Subscriptions are
available at no cost electronically.

CuD is available as a Usenet newsgroup: comp.society.cu-digest

Or, to subscribe, send a one-line message:  SUB CUDIGEST  your name
Send it to  LISTSERV@VMD.CSO.UIUC.EDU

DO NOT SEND SUBSCRIPTIONS TO THE MODERATORS.

The editors may be contacted by voice (815-753-0303), fax (815-753-6302)
or U.S. mail at:  Jim Thomas, Department of Sociology, NIU, DeKalb, IL
60115, USA.

To UNSUB, send a one-line message:   UNSUB CUDIGEST
Send it to  LISTSERV@VMD.CSO.UIUC.EDU
(NOTE: The address you unsub must correspond to your From: line)

Issues of CuD can also be found in the Usenet comp.society.cu-digest
news group; on CompuServe in DL0 and DL4 of the IBMBBS SIG, DL1 of
LAWSIG, and DL1 of TELECOM; on GEnie in the PF*NPC RT
libraries and in the VIRUS/SECURITY library; from America Online in
the PC Telecom forum under "computing newsletters;"
On Delphi in the General Discussion database of the Internet SIG;
on RIPCO BBS (312) 528-5020 (and via Ripco on  internet);
and on Rune Stone BBS (IIRGWHQ) (203) 832-8441.
CuD is also available via Fidonet File Request from
1:11/70; unlisted nodes and points welcome.

EUROPE:  In BELGIUM: Virtual Access BBS:  +32-69-844-019 (ringdown)
         Brussels: STRATOMIC BBS +32-2-5383119 2:291/759@fidonet.org
         In ITALY: ZERO! BBS: +39-11-6507540
         In LUXEMBOURG: ComNet BBS:  +352-466893

  UNITED STATES:  etext.archive.umich.edu (192.131.22.8)  in /pub/CuD/
                  ftp.eff.org (192.88.144.4) in /pub/Publications/CuD/
                  aql.gatech.edu (128.61.10.53) in /pub/eff/cud/
                  world.std.com in /src/wuarchive/doc/EFF/Publications/CuD/
                  wuarchive.wustl.edu in /doc/EFF/Publications/CuD/
  EUROPE:         nic.funet.fi in pub/doc/cud/ (Finland)
                  ftp.warwick.ac.uk in pub/cud/ (United Kingdom)


The most recent issues of CuD can be obtained from the
Cu Digest WWW site at:
  URL: http://www.soci.niu.edu/~cudigest/

COMPUTER UNDERGROUND DIGEST is an open forum dedicated to sharing
information among computerists and to the presentation and debate of
diverse views.  CuD material may  be reprinted for non-profit as long
as the source is cited. Authors hold a presumptive copyright, and
they should be contacted for reprint permission.  It is assumed that
non-personal mail to the moderators may be reprinted unless otherwise
specified.  Readers are encouraged to submit reasoned articles
relating to computer culture and communication.  Articles are
preferred to short responses.  Please avoid quoting previous posts
unless absolutely necessary.

DISCLAIMER: The views represented herein do not necessarily represent
            the views of the moderators. Digest contributors assume all
            responsibility for ensuring that articles submitted do not
            violate copyright protections.

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

End of Computer Underground Digest #7.92
************************************