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PRIVACY Forum Digest     Sunday, 7 February 1993     Volume 02 : Issue 05

         Moderated by Lauren Weinstein (
                Vortex Technology, Topanga, CA, U.S.A.
                     ===== PRIVACY FORUM =====

          The PRIVACY Forum digest is supported in part by the 
              ACM Committee on Computers and Public Policy.

        New Law appealed (Rafael Fernandez Calvo)
        Revised Computer Crime Sent (Dave Banisar)
        Program for 1993 Security and Privacy Symposium (Ira Greenberg)

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The PRIVACY Forum is a moderated digest for the discussion and analysis of
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Date:    Sun, 07 Feb 1993 21:19:15 EST
From:    " Rafael Fernandez Calvo" <>
Subject: New Law appealed

           LL     II
    CCCC   LL     II
   CC      LL     II    --  N E W S   FROM   S P A I N  --- Feb. 7, 93



 Since Jan. 31, the Data Protection Law is in force in Spain. The law
receives the official name of "Organic Law on Regulation of Automated
Processing of Personal Data" and its also known as LORTAD, according to
its Spanish initials. The law had been approved by the Senate in October

 On Jan. 28, an appeal on several articles of the law was individually
addressed to the Constitutional Court by the Ombusdman, the Peoples's
Party (the main opposition party, with a center-right orientation) and
the Regional Parliament of Catalonia. All of them had received a request
from CLI in that sense, along with a solid juridic report. CLI's request
had also received strong support of other entities, such as other two
major political parties the two main trade unions.

 Although, according to the Spanish legislation, an appeal does not
prevent a law awaiting for a decision of the Constitutional Court to be
applied (the Court takes usually a couple of years to settle an appeal),
media have underlined that is the first time an Organic Law is appealed
by three entitled entities and have highlighted the role played by CLI in
promoting the appeal and in increasing the awareness of the people about
this sensitive topic.

 The appeals regard articles that have to do with the two following
weak points of the law, that CLI had been ponting out to since the very

a) The bill gives excessive and uncontrolled power to Policy Forces
over collection and computerization of highly sensitive data: ideology,
religion, beliefs, racial origin, health and sexual orientation.

b) Computerized personal data records in the hands of all branches
of Public Administrations are in many cases excluded from the rights
(access, modification, cancellation) given to citizens with regard to
the same kind of data in the hands of private companies.

 In a Press Conference held in Madrid last week, CLI voiced its position
about the law. It can be summarized as follows:

- The law does not fulfill the expectations arisen, although it is a step
forward in comparison with the current situation of "allegality" that has
been source of severe abuse against privacy for years.

- The best side of the law is the regulation of personal data files
in the hands of companies and private entities. Citizens will have
wide rights to access, modification and cancellation of this kind of
records. Companies can be punished with fines upto 1 million dollar
and blocking of the files involved.

- The Data Protection Agency that will watch over proper observance of
the law will have scarce autonomy from the Government, that will
nominate and dismiss its Director. CLI has advanced proposals for
a Statute of the Agency in order to overcome, even partially, this

- The new Penal Code being presently discussed by the Parliament should
properly complement the Personal Data law when highly sensitive data are
involved. CLI has advanced proposals in this sense to all the political
parties represented in the Spanish Parliament.

 Since (1) the Data Protecion Agency has not been created yet, (2)
the Regions will have to implement their own legislation --following the
same approach as in Germany-- and (3) both Public Administrations and
companies will have a period of a year to adapt themselves to the
provisions of the law, CLI and its regional branches will closely monitor
this interim period and, in conjunction with the Ombudsman, will try to
respond to the requests of the citizens in the meanwhile.

 To obtain more information about the law you can contact CLI (*)


 The --Commission for Liberties and Informatics, CLI-- is an independent
and pluralistic organization that was officially constituted in April

 Its mission is to "promote the development and protection of citizens'
rights, with special regards to privacy, against misuse of Information

 As of January '93, CLI is composed by ten organizations, with
a joint membership of about 3,000,000 people. They cover a very
wide spectrum of social interest groups: associations of computer
professionals, judges, civil rights leagues, trade unions, consumers
groups, the main association of direct marketing companies, etc.

 CLI is confederated with similar bodies created in some other Spanish
Regions such as Valencia, Basque Country and Catalonia, and has fluid
working relationships with many public and private Data Protection bodies
and entities all over the world, including CPSR, and Privacy

 CLI has its headquarters in:

Padilla 66, 3 dcha.
E-28006 Madrid, Spain

Phone: (34-1) 402 9391
Fax: (34-1) 309 3685


Date:    Sat, 30 Jan 1993 15:12:11 EST
From:    Dave Banisar <>
Subject: Revised Computer Crime Sent

>From Jack King (

The U.S. Dept. of Justice has asked the U.S. Sentencing Commission to
promulgate a new federal sentencing guideline, Sec. 2F2.1, specifically
addressing the Computer Fraud and Abuse Act of 1988 (18 USC 1030), with a
base offense level of 6 and enhancements of 4 to 6 levels for violations of
specific provisions of the statute.  The new guideline practically
guarantees some period of confinement, even for first offenders who plead

For example, the guideline would provide that if the defendant obtained
``protected'' information (defined as ``private information, non-public
government information, or proprietary commercial information), the offense
level would be increased by two; if the defendant disclosed protected
information to any person, the offense level would be increased by four
levels, and if the defendant distributed the information by means of ``a
general distribution system,'' the offense level would go up six levels.

The proposed commentary explains that a ``general distribution system''
includes ``electronic bulletin board and voice mail systems, newsletters and
other publications, and any other form of group dissemination, by any

So, in effect, a person who obtains information from the computer of
another, and gives that information to another gets a base offense level of
10; if he used a 'zine or BBS to disseminate it, he would get a base offense
level of 12. The federal guidelines prescribe 6-12 months in jail for a
first offender with an offense level of 10, and 10-16 months for same with
an offense level of 12.  Pleading guilty can get the base offense level down
by two levels; probation would then be an option for the first offender with
an offense level of 10 (reduced to 8).  But remember:  there is no more
federal parole.  The time a defendant gets is the time s/he serves (minus a
couple days a month "good time").

If, however, the offense caused an economic loss, the offense level would be
increased according to the general fraud table (Sec. 2F1.1). The proposed
commentary explains that computer offenses often cause intangible harms,
such as individual privacy rights or by impairing computer operations,
property values not readily translatable to the general fraud table. The
proposed commentary also suggests that if the defendant has a prior
conviction for ``similar misconduct that is not adequately reflected in the
criminal history score, an upward departure may be warranted.'' An upward
departure may also be warranted, DOJ suggests, if ``the defendant's conduct
has affected or was likely to affect public service or confidence'' in
``public interests'' such as common carriers, utilities, and institutions.
Based on the way U.S. Attorneys and their computer experts have guesstimated
economic "losses" in a few prior cases, a convicted tamperer can get whacked
with a couple of years in the slammer, a whopping fine, full "restitution"
and one to two years of supervised release (which is like going to a parole
officer). (Actually, it is going to a parole officer, because although
there is no more federal parole, they didn't get rid of all those parole
officers. They have them supervise convicts' return to society.)

This, and other proposed sentencing guidelines, can be found at 57 Fed Reg
62832-62857 (Dec. 31, 1992).

The U.S. Sentencing Commission wants to hear from YOU.  Write:  U.S.
Sentencing Commission, One Columbus Circle, N.E., Suite 2-500, Washington DC
20002-8002, Attention: Public Information.  Comments must be received by
March 15, 1993.

                                  * * *

Actual text of relevant ammendments:

                  AGENCY: United States Sentencing Commission.
                               57  FR  62832

                               December 31, 1992

   Sentencing Guidelines for United States Courts

ACTION: Notice of proposed amendments to sentencing guidelines,
policy statements, and commentary. Request for public comment.
Notice of hearing.

SUMMARY: The Commission is considering promulgating certain
amendments to the sentencing guidelines, policy statements, and
commentary. The proposed amendments and a synopsis of issues to be
addressed are set forth below. The Commission may report amendments
to the Congress on or before May 1, 1993. Comment is sought on all
proposals, alternative proposals, and any other aspect of the
sentencing guidelines, policy statements, and commentary.

DATES: The Commission has scheduled a public hearing on these
proposed amendments for March 22, 1993, at 9:30 a.m. at the
Ceremonial Courtroom, United States Courthouse, 3d and Constitution
Avenue, NW., Washington, DC 20001.

   Anyone wishing to testify at this public hearing should notify
Michael Courlander, Public Information Specialist, at (202) 273-4590
by March 1, 1993.

   Public comment, as well as written testimony for the hearing,
should be received by the Commission no later than March 15, 1993,
in order to be considered by the Commission in the promulgation of
amendments due to the Congress by May 1, 1993.

ADDRESSES: Public comment should be sent to: United States
Sentencing Commission, One Columbus Circle, NE., suite 2-500, South
Lobby, Washington, DC 20002-8002, Attention: Public Information.

Information Specialist, Telephone: (202) 273-4590.

* * *

   59. Synopsis of Amendment: This amendment creates a new guideline
applicable to violations of the Computer Fraud and Abuse Act of 1988
(18 U.S.C. 1030). Violations of this statute are currently subject
to the fraud guidelines at S. 2F1.1, which rely heavily on the
dollar amount of loss caused to the victim. Computer offenses,
however, commonly protect against harms that cannot be adequately
quantified by examining dollar losses. Illegal access to consumer
credit reports, for example, which may have little monetary value,
nevertheless can represent a serious intrusion into privacy
interests. Illegal intrusions in the computers which control
telephone systems may disrupt normal telephone service and present
hazards to emergency systems, neither of which are readily
quantifiable. This amendment proposes a new Section 2F2.1, which
provides sentencing guidelines particularly designed for this unique
and rapidly developing area of the law.

   Proposed Amendment: Part F is amended by inserting the following
section, numbered S.  2F2.1, and captioned "Computer Fraud and
Abuse," immediately following Section 2F1.2:

"S.  2F2.1. Computer Fraud and Abuse

   (a) Base Offense Level: 6

   (b) Specific Offense Characteristics

   (1) Reliability of data. If the defendant altered information,
increase by 2 levels; if the defendant altered protected
information, or public records filed or maintained under law or
regulation, increase by 6 levels.

   (2) Confidentiality of data. If the defendant obtained protected
information, increase by 2 levels; if the defendant disclosed
protected information to any person, increase by 4 levels; if the
defendant disclosed protected information to the public by means of
a general distribution system, increase by 6 levels.

   Provided that the cumulative adjustments from (1) and (2), shall
not exceed 8.

   (3) If the offense caused or was likely to cause

   (A) interference with the administration of justice (civil or
criminal) or harm to any person's health or safety, or

   (B) interference with any facility (public or private) or
communications network that serves the public health or safety,
increase by 6 levels.

   (4) If the offense caused economic loss, increase the offense
level according to the tables in S.  2F1.1 (Fraud and Deceit). In
using those tables, include the following:

   (A) Costs of system recovery, and

   (B) Consequential losses from trafficking in passwords.

   (5) If an offense was committed for the purpose of malicious
destruction or damage, increase by 4 levels.

   (c) Cross References

   (1) If the offense is also covered by another offense guideline
section, apply that offense guideline section if the resulting level
is greater. Other guidelines that may cover the same conduct
include, for example: for 18 U.S.C. 1030(a)(1), S.  2M3.2 (Gathering
National Defense Information); for 18 U.S.C. 1030(a)(3), S.  2B1.1
(Larceny, Embezzlement, and Other Forms of Theft), S.  2B1.2
(Receiving, Transporting, Transferring, Transmitting, or Possessing

Property), and S.  2H3.1 (Interception of Communications or
Eavesdropping); for 18 U.S.C. 1030(a)(4), S.  2F1.1 (Fraud and
Deceit), and S.  2B1.1 (Larceny, Embezzlement, and Other Forms of
Theft); for 18 U.S.C. S.  1030(a)(5), S.  2H2.1 (Obstructing an
Election or Registration), S.  2J1.2 (Obstruction of Justice), and
S.  2B3.2 (Extortion); and for 18 U.S.C. S.  1030(a)(6), S.  2F1.1
(Fraud and Deceit) and S.  2B1.1 (Larceny, Embezzlement, and Other
Forms of Theft).


   Statutory Provisions: 18 U.S.C. 1030(a)(1)-(a)(6)

   Application Notes:

   1. This guideline is necessary because computer offenses often
harm intangible values, such as privacy rights or the unimpaired
operation of networks, more than the kinds of property values which
the general fraud table measures. See S.  2F1.1, Note 10. If the
defendant was previously convicted of similar misconduct that is not
adequately reflected in the criminal history score, an upward
departure may be warranted.

   2. The harms expressed in paragraph (b)(1) pertain to the
reliability and integrity of data; those in (b)(2) concern the
confidentiality and privacy of data. Although some crimes will cause
both harms, it is possible to cause either one alone. Clearly a
defendant can obtain or distribute protected information without
altering it. And by launching a virus, a defendant may alter or
destroy data without ever obtaining it. For this reason, the harms
are listed separately and are meant to be cumulative.

   3. The terms "information," "records," and "data" are

   4. The term "protected information" means private information,
non-public government information, or proprietary commercial

   5. The term "private information" means confidential information
(including medical, financial, educational, employment, legal, and
tax information) maintained under law, regulation, or other duty
(whether held by public agencies or privately) regarding the history
or status of any person, business, corporation, or other

   6. The term "non-public government information" means
unclassified information which was maintained by any government
agency, contractor or agent; which had not been released to the
public; and which was related to military operations or readiness,
foreign relations or intelligence, or law enforcement investigations
or operations.

   7. The term "proprietary commercial information" means non-public
business information, including information which is sensitive,
confidential, restricted, trade secret, or otherwise not meant for
public distribution. If the proprietary information has an
ascertainable value, apply paragraph (b) (4) to the economic loss
rather than (b) (1) and (2), if the resulting offense level is

   8. Public records protected under paragraph (b) (1) must be filed
or maintained under a law or regulation of the federal government, a
state or territory, or any of their political subdivisions.

   9. The term "altered" covers all changes to data, whether the
defendant added, deleted, amended, or destroyed any or all of it.

   10. A "general distribution system" includes electronic bulletin
board and voice mail systems, newsletters and other publications,
and any other form of group dissemination, by any means.

   11. The term "malicious destruction or damage" includes injury to
business and personal reputations.

   12. Costs of system recovery: Include the costs accrued by the
victim in identifying and tracking the defendant, ascertaining the
damage, and restoring the system or data to its original condition.
In computing these costs, include material and personnel costs, as
well as losses incurred from interruptions of service. If several
people obtained unauthorized access to any system during the same
period, each defendant is responsible for the full amount of
recovery or repair loss, minus any costs which are clearly
attributable only to acts of other individuals.

   13. Consequential losses from trafficking in passwords: A
defendant who trafficked in passwords by using or maintaining a
general distribution system is responsible for all economic losses
that resulted from the use of the password after the date of his or
her first general distribution, minus any specific amounts which are
clearly attributable only to acts of other individuals. The term
"passwords" includes any form of personalized access identification,
such as user codes or names.

   14. If the defendant's acts harmed public interests not
adequately reflected in these guidelines, an upward departure may be
warranted. Examples include interference with common carriers,
utilities, and institutions (such as educational, governmental, or
financial institutions), whenever the defendant's conduct has
affected or was likely to affect public service or confidence".

* * *


Date: Wed, 3 Feb 93 13:30:02 -0800
From: Ira Greenberg <>
Subject: program for 1993 Security and Privacy Symposium


May 24-26, 1993
Claremont Resort,
Oakland, California

Sponsored by the
IEEE Technical Committee on Security and Privacy
In cooperation with the
International Association of Cryptologic Research

Symposium Committee
Teresa Lunt, General Chair
Cristi Garvey, Vice Chair
Richard A. Kemmerer, Program Co-Chair
John Rushby, Program Co-Chair

                        PRELIMINARY PROGRAM


9:00--9:30:     Welcoming Remarks: Teresa Lunt and Dick Kemmerer

9:30--10:30:    VIRUSES AND INTRUSION DETECTION   Doug McIlroy, Session Chair
  9:30--10:00:  Measuring and Modeling Computer Virus Prevalence
                        Jeffrey Kephart and Steve White
 10:00--10:30:  USTAT: A Real-Time Intrusion Detection System for UNIX
                        Koral Ilgun

10:30---11:00:  BREAK

11:00--12:00:   CAUSALITY AND INTEGRITY:  George Dinolt, Session Chair
  11:00--11:30: Preventing Denial and Forgery of Causal Relationships 
                in Distributed Systems
                        Michael Reiter and Li Gong
  11:30--12:00: Message Integrity Design
                        Stuart Stubblebine and Virgil Gligor

12:00--2:00:    LUNCH

2:00--3:30:     PANEL: Privacy Enhanced Mail
                        Panelists: TO BE ANNOUNCED

3:30--4:00:     BREAK

4:00--5:00:     AUTHENTICATION PROTOCOLS:  Teresa Lunt, Session Chair
  4:00--4:30    Authentication Method with Impersonal Token Cards
                        Refik Molva and Gene Tsudik
  4:30--5:00:   Interconnecting Domains with Heterogeneous Key 
                Distribution and Authentication Protocols
                        Frank Piessens, Bart DeDecker and Phil Janson



9:00--10:30:    TIMING CHANNELS: John Rushby, Session Chair
   9:00-- 9:30: Modelling a Fuzzy Time System
                        Jonathan Trostle
   9:30--10:00: On Introducing Noise into the Bus-Contention Channel
                        James Gray
  10:00--10:15: Discussant:  TO BE ANNOUNCED
  10:15--10:30: Open Discussion

10:30--11:00:   BREAK

11:00--12:00:   INFORMATION FLOW: John McLean, Session Chair
  11:00--11:30  A Logical Analysis of Authorized and Prohibited 
                Information Flows
                        Frederic Cuppens
  11:30--12:00  The Cascade Vulnerability Problem
                        J. Horton, R. Harland, E. Ashby, R. Cooper,
                        W. Hyslop, B. Nickerson, W. Stewart, and K. Ward

12:00--2:00:    LUNCH

2:00--3:30:     PANEL: The Federal Criteria
                        Panelists: TO BE ANNOUNCED

3:30--4:00:     BREAK

4:00--5:00:     DATABASE SECURITY:  Marv Schaefer, Session Chair
  4:00--4:30:   A Model of Atomicity for Multilevel Transactions
                        Barbara Blaustein, Sushil Jajodia, 
                        Catherine McCollum and LouAnna Notargiacomo
  4:30--5:00:   Achieving Stricter Correctness Requirements in 
                Multilevel Secure Database
                        Vijayalakshmi Atluri, Elisa Bertino and
                        Sushil Jajodia

5:00:   TC MEETING



9:00--10:30:    ANALYSIS OF CRYPTOGRAPHIC PROTOCOLS:  Yacov Yacobi, 
                                                      Session Chair
9:00-- 9:30:    Trust Relationships in Secure Systems 
                -- A Distributed Authentication Perspective
                        Raphael Yahalom, Birgit Klein and Thomas Beth
9:30--10:00:    A Logical Language for Specifying Cryptographic 
                Protocol Requirements
                        Paul Syverson and Catherine Meadows
10:00--10:30:   A Semantic Model for Authentication Protocols
                        Thomas Woo and Simon Lam

10:30--11:00:  BREAK

11:00--12:00:   SYSTEMS: Virgil Gligor, Session Chair
11:00--11:30:   Detection and Elimination of Inference Channels 
                in Multilevel Relational Database Systems
                        X. Qian, M. Stickel, P. Karp, T. Lunt and 
                        T. Garvey
11:30---12:00   Assuring Distributed Trusted Mach
                        Todd Fine

12:00:          SYMPOSIUM ADJOURN

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

Symposium Registration: Dates strictly enforced by postmark.

Advance Member (to 4/12/93) $240*

Late Member (4/13/93-4/30/93) $290*

*Registration must include IEEE number to qualify.

Advance Non-Member $300
Late Non-Member    $370

Advance Student    $50
Late Student       $50

Mail registration to:
                Cristi Garvey
                TRW Defense Systems Group
                One Space Park
                Redondo Beach, CA 90278
                (310) 812-0566



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