

Computer underground Digest    Wed  Dec 8 1993   Volume 5 : Issue 92
                           ISSN  1004-042X

       Editors: Jim Thomas and Gordon Meyer (TK0JUT2@NIU.BITNET)
       Archivist: Brendan Kehoe
       Shadow-Archivists: Dan Carosone / Paul Southworth
                          Ralph Sims / Jyrki Kuoppala
                          Ian Dickinson
       Copy Editor: Craig Shergold, III

CONTENTS, #5.92 (Dec 8 1993)
File 1--Senator Simon Introduces Privacy Bill
File 2--Cantwell & Markey bills, GAO report, etc. online at EFF
File 3--ANNOUNCEMENT: DPSWG Crypto-Policy Statement to White House
File 4--A Superhighway Through the Wasteland?
File 5--Health Privacy Radio Program
File 6--Apple "Accepts" Texas Bigotry

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

Date: Tue, 1 Dec 1993 14:04:41 EST
From: Alert@washofc.cpsr.org
Subject: File 1--Senator Simon Introduces Privacy Bill

Extracted from CPSR ALERT, #2.06, 1 December, 1993

[1] Senator Simon Introduces Major Privacy Bill

Senator Paul Simon (D-IL) has introduced legislation to create a
privacy agency in the United States.  The bill is considered the most
important privacy measure now under consideration by Congress.

The Privacy protection Act of 1993, designated S. 1735, attempts to
fill a critical gap in US privacy law and to respond to growing public
concern about the lack of privacy protection.

The Vice President also recommended the creation of a privacy agency
in the National Performance Review report on reinventing government
released in September.

The measure establishes a commission with authority to oversee the
Privacy Act of 1974, to coordinate federal privacy laws, develop model
guidelines and standards, and assist individuals with privacy matters.
However, the bill lacks authority to regulate the private sector, to
curtail government surveillance proposals, and has a only a small
budget for the commission.

Many privacy experts believe the bill is a good first step but does not
go far enough.

The Senate is expected to consider the bill in January when it returns
to session.


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

[2] Senator Simon's Statement on Introduction
    (From the Congressional Record, November 19, 1993)

Mr.  Simon.  "Mr. President, I am introducing legislation today to
create a  Privacy  Protection Commission. The fast-paced growth in
technology coupled with American's increasing  privacy  concerns demand
Congress take action.

"A decade ago few could afford the millions of dollars necessary for a
mainframe computer. Today, for a few thousand dollars, you can purchase
a smaller, faster, and even more powerful personal computer. Ten years
from now computers will likely be even less expensive, more accessible,
and more powerful. Currently, there are "smart" buildings, electronic
data "highways", mobile satellite communication systems, and
interactive multimedia. Moreover, the future holds technologies that we
can't even envision today. These changes hold the promise of
advancement for our society, but they also pose serious questions about
our right to privacy. We should not fear the future or its technology,
but we must give significant consideration to the effect such
technology will have on our rights.

"Polls indicate that the American public is very concerned about this
issue. For example, according to a Harris-Equifax poll completed this
fall, 80 percent of those polled were concerned about threats to their
personal  privacy.  In fact, an example of the high level of concern is
reflected in the volume of calls received by California's  Privacy
Rights Clearinghouse. Within the first three months of operation. The
California Clearinghouse received more than 5,400 calls. The
Harris-Equifax poll also reported that only 9 percent of Americans felt
that current law and organizational practices adequately protected
their privacy.  This perception is accurate. The  Privacy  Act of 1974
was created to afford citizens broad protection. Yet, studies and
reviews of the act clearly indicate that there is inadequate specific
protection, too much ambiguity, and lack of strong enforcement.

"Furthermore, half of those polled felt that technology has almost
gotten out of control, and 80 percent felt that they had no control
over how personal information about them is circulated and used by
companies. A recent article written by Charles Piller for MacWorld
magazine outlined a number of privacy concerns. I ask unanimous consent
the article written by Charles Piller be included in the record
following my statement. These privacy  concerns have caused the public
to fear those with access to their personal information. Not
surprisingly, distrust of business and government has significantly
climbed upwards from just three years ago.

"In 1990, the United States General Accounting Office reported that
there were conservatively 910 major federal data banks with billions of
individual records. Information that is often open to other
governmental agencies and corporations, or sold to commercial data
banks that trade information about you, your family, your home, your
spending habits, and so on. What if the data is inaccurate or no longer
relevant? Today's public debates on health care reform, immigration,
and even gun control highlight the growing public concern regarding
privacy.

"The United States has long been the leader in the development of
privacy policy. The framers of the Constitution and the Bill of Rights
included an implied basic right to  privacy.  More than a hundred years
later, Brandeis and Warren wrote their famous 1890 article, in which
they wrote that  privacy  is the most cherished and comprehensive of
all rights. International  privacy scholar Professor David Flaherty has
argued successfully that the United States invented the concept of a
legal right to  privacy.  In 1967, Professor Alan Westin wrote  privacy
and freedom, which has been described as having been of primary
influence on  privacy debates world-wide. Another early and
internationally influential report on  privacy  was completed in 1972
by the United States Department of Health, Education, and Welfare
advisory committee. A Few years later in 1974, Senator Sam Ervin
introduced legislation to create a federal privacy  board. The result
of debates on Senator Ervin's proposal was the enactment of the
Privacy  Act of 1974. The United States has not addressed privacy
protection in any comprehensive way since.

"International interest in  privacy  and in particular data protection
dramatically moved forward in the late 1970's. In 1977 and 1978 six
countries enacted  privacy  protection legislation. As of September
1993, 27 countries have legislation under consideration. I ask
unanimous consent that a list of those countries be included in the
record following my statement. Among those considering legislation are
former Soviet Block countries Croatia, Estonia, Slovakia, and
Lithuania. Moreover, the European Community Commission will be adopting
a directive on the exchange of personal data between those countries
with and those without data or  privacy  protection laws.

"Mr. President, a  Privacy  Protection Commission is needed to restore
the public's trust in business and government's commitment to
protecting their privacy  and willingness to thoughtfully and seriously
address current and future privacy  issues. It is also needed to fill
in the gaps that remain in federal privacy law.

"The Clinton Administration also recognizes the importance for
restoring public trust. A statement the Office of Management and Budget
sent to me included the following paragraph:

    [T]he need to protect individual privacy  has become increasingly
    important as we move forward on two major initiatives, Health
    Care Reform and the National Information Infrastructure. The
    success of these initiatives will depend, in large part, on the
    extent to which Americans trust the underlying information
    systems. Recognizing this concern, the National Performance
    Review has called for a commission to perform a function similar
    to that envisioned by Senator  Simon.  Senator  Simon's  bill
    responds to an issue of critical importance.

"In addition, the National Research Council recommends the creation of
'an independent federal advisory body ...' In their newly released
study, Private Lives and Public Policies.

"It is very important that the  Privacy  Protection Commission be
effective and above politics. Toward that end, the  Privacy  Protection
Commission will be advisory and independent. It is to be composed of 5
members, who are appointed By the President, by and with the consent of
the Senate, with no more than 3 from the same political party. The
members are to serve for staggered seven year terms, and during their
tenure on the commission, may not engage in any other Employment.

"Mr. President, I am concerned about the creation of additional
bureaucracy; therefore the legislation would limit the number of
employees to a total of 50 officers and employees. The creation of an
independent  Privacy  Protection Commission is imperative. I have
received support for an independent  privacy protection commission from
consumer, civil liberty,  privacy,  library, technology, and law
organizations, groups, and individuals. I ask unanimous consent that a
copy of a letter I have received be included in the record following my
statement.

"What the commission's functions, make-up, and responsibilities are
will certainly be debated through the Congressional process. I look
forward to hearing from and working with a broad range of individuals,
organizations, and businesses on this issue, as well as the
administration.

"I urge my colleagues to review the legislation and the issue, and join
me in support of a  privacy  protection commission. I ask unanimous
consent that the text of the bill be included in the record."

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

[3] Privacy Commission Bill Section Headings


   Section 1. Short Title.
   Section 2. Findings and Purpose.
   Section 3. Establishment of a  Privacy Protection Commission.
   Section 4. Privacy Protection Commission.
   Section 5. Personnel of The Commission.
   Section 6. Functions of The Commission.
   Section 7. Confidentiality of Information.
   Section 8. Powers of the Commission.
   Section 9. Reports and Information.
   Section 10. Authorization of Appropriations.

A full copy of the bill, floor statement and other materials will
be made available at the CPSR Internet Library.

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

From: Stanton McCandlish <mech@EFF.ORG>
Subject: File 2--Cantwell & Markey bills, GAO report, etc. online at EFF
Date: Tue, 7 Dec 1993 17:36:43 -0500 (EST)

Maria Cantwell's bill, which would reduce ITAR export restrictions on
cryptography, is online at EFF's ftp site:

ftp.eff.org, %ftp/pub/eff/legislation/cantwell.bill
(AKA .../legislation/hr3627)

Also recently added to the archives:

The Markey bill, which deals with the coming "data superhighway" or
"national information infrastructure", and which incorporates much of
EFF's Open Platform proposal:

%ftp/pub/eff/legislation/markey.bill (AKA .../legislation/hr3636)

The Cyberpoet's Guide to Virtual Culture, much like the Big Dummy's Guide
to the Internet, but a more advanced and specific compendium of net.info.
Highly recommended:

%ftp/pub/eff/papers/cyber/cyberpoet.gvc

The govt. General Accounting Office's report on communications privacy, a
must see!  Criticizes NSA involvement in crafting national crypto-policy,
and makes many other important points:

%ftp/pub/eff/crypto-policy/osi-94-2.gao

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

Date: Tue, 7 Dec 1993 17:17:50 -0500 (EST)
From: Stanton McCandlish <mech@EFF.ORG>
Subject: File 3--ANNOUNCEMENT: DPSWG Crypto-Policy Statement to White House

NOTICE: This is the letter from the Digital Privacy and Security
Working Group sent to the White House 12/06/93, urging the
Administration to lift export controls on DES, RSA and other mass
market encryption without requiring legislation.

Some erroneous press reports have said the DPSWG (see letter
signatories) were making a Clipper/Skipjack "deal". This is not true.
The letter makes it clear that Clipper as originally proposed is not
viable, and that in any form it is to be implemented only if it's use
is completely voluntary and ONLY if current restrictions on mass
market encryption software are removed, so that the right to choose
one's own methods of privacy and security is retained, and American
businesses can effectively and openly compete in the expanding
international market for encryption products.

For more details please see the third paragraph of the letter, below.

+----------------------------------------------

DIGITAL PRIVACY AND SECURITY WORKING GROUP

1001 G Street, NW
Suite 950 East
Washington, DC  20001

Jerry Berman 202/347-5400
Leah Gurowitz 202/393-1010
                                                        December 6, 1993

The President
The White House
Washington, DC  20500

Dear Mr. President:

        On April 16, 1993, you initiated a broad industry/government
review of privacy and cryptography policies at the same time that the
Administration unveiled its Clipper Chip proposal.  The Digital
Privacy and Security Working Group -- a coalition of over 50
communications and computer companies and associations, and consumer
and privacy advocates --has been working with members of your
Administration to develop policies which will reflect the realities of
the digital information age, the need to provide individuals at work
and home with information security and privacy, and the importance of
preserving American competitiveness.

        The Digital Privacy and Security Working Group is committed to
the proposition that computer users worldwide should be able to choose
their encryption programs and products, and that American programs and
products should be allowed to compete in the world marketplace.  In
our discussions with Administration officials, we have expressed the
Coalition's tentative acceptance of the Clipper Chip's encryption
scheme (as announced on April 16, 1993), but only if it is available
as a voluntary alternative to widely-available, commercially-accepted,
encryption programs and products.

        Thus, we applaud repeated statements by Administration
officials that there is no intent to make the Clipper Chip mandatory.
One key indication of whether the choice of encryption regimes will be
truly voluntary, however, is the ability of American companies to
export computer programs and products employing other strong
encryption algorithms (e.g. DES and RC2/RC4 at comparable strengths)
demanded by customers worldwide.  In this regard, we commend to your
attention legislation introduced by Rep.  Maria Cantwell (H.R. 3627)
that would liberalize existing export controls on software with
encryption capabilities.  Of course, such legislation would not be
necessary if the Administration acts to accomplish such export control
liberalization on its own.  As part of your on-going encryption review
and decision-making, we strongly urge you to do so.

        As your Administration concludes its review of this issue,
representatives of the Digital Privacy and Security Working Group
remain available to meet with Administration officials at any time.


                              Sincerely,


American Civil Liberties Union         IBM

Apple Computer, Inc.                   Information Industry Association

Business Software Alliance             Information Technology Association of
                                       America
Committee on Communications and
Information Policy, IEEE-USA           Iris Associates, Inc.

Computer and Business Equipment        Lotus Development Corporation
Manufacturers Association
                                       Microsoft Corporation
Crest Industries, Inc.
                                       Oracle Corporation
Digital Equipment Corporation
                                       Prodigy Services Company
EDUCOM
                                       Software Publishers Association
Electronic Frontier Foundation
                                       Sun Microsystems, Inc.
Electronic Messaging Association
                                       Telecommunications Industry Association
GKI Cryptek Division
                                       Trusted Information Systems
Hewlett-Packard Company




cc:     John Podesta, Office of the President
        George Tenet, National Security Council
        Mike Nelson, Office of Science and Technology Policy
        Ray Kammer, National Institute of Standards and Technology
        Steve Aoki, National Security Council
        Geoff Greiveldinger, Department of Justice


+---------------------------------------------------

This document and others on related topics are archived at ftp.eff.org,
%ftp/pub/eff/crypto-policy.

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

Date: Wed, 8 Dec 1993 14:46:58 -0800
From: Anonymous <tk0jut2@mvs.cso.niu.edu>
Subject: File 4--A Superhighway Through the Wasteland?

((MODERATORS' NOTE: The following op-ed letter to the New York Times
has been widely circulated across the nets.  It is not amenable to
summary, and the importance of the issue requires intact reproduction.
Thanks to the various readers who forwarded it over to us)).

                A Superhighway Through the Wasteland?
                  By Mitchell Kapor and Jerry Berman
         Source: New York Times, 24 Nov., 1993 / Op-Ed Column

Washington--Telecommunications and cable TV executives, seeking to
allay concerns over their proposed megamergers, insist that the coming
electronic superhighway will be an educational and informational tool
as well as a cornucopia of interactive entertainment. Allow the
marriage between entertainment and communications giants, we are told,
and they will connect students with learning resources, provide a
forum for political discourse, increase economic competitiveness and
speed us into the multimedia information age.

Both broadcast and cable TV were introduced with similar fanfare.  The
results have been disappointing. Because of regulatory failure and the
limits of the technology, they failed to be saviors of education or
political life. We love the tube but recognize that it is largely a
cultural wasteland.

For the Government to break this cycle of promise and disappointment,
communications mergers should be approved or barred based on detailed,
enforceable commitments that the electronic superhighway will meet
public goals. The amount of electronic material the superhighway can
carry is dizzying compared to the relatively narrow range of broadcast
TV and the limited number of cable channels.  Properly constructed and
regulated, it could be open to all who wish to speak, publish and
communicate.

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. Instead of settling for a multimedia
version of the same entertainment that is increasingly dissatisfying
on today's TV, we need a superhighway that encourages the production
and distribution of a broader, more diverse range of programming.

The superhighway should be required to provide so-called open platform
services. In today's channel-based cable TV system, program producers
must negotiate for channel space with cable companies around the
country. In an open platform network, we would avoid that bottleneck.
Every person would have access to the entire superhighway, so
programmers could distribute information directly to consumers.

Consumers would become producers: individuals and small organizations
could create and distribute programs to anyone on the highway who
wants them. Open platform services will spur diversity in the
electronic media, just as low production and distribution costs make
possible a wide variety of newspapers and magazines.

To prevent abuses by media giants that because of recent Federal court
decisions will control the pipeline into the home and much of the
content delivered over it, we need new laws. Like today's phone
companies, the companies controlling the superhighway must be required
to carry other programmers' content, just as phone companies must
provide service to anyone who is willing to pay for it. We must
guarantee that anyone who, say, wants to start an alternative news
network or a forum for political discussion is given an outlet to do
so.

Americans will come to depend on the superhighway even more than they
need the telephone. The guarantee of universal telephone service must
be expanded to include universal access to the superhighway.  Although
market forces will help keep the new technology affordable, we need
laws to protect consumers when competition fails.

And because several companies will operate the highway, each must be
required to interconnect with the others. Likewise, the new computers
that will give us access to the superhighway should be built according
to commonly accepted standards.

Also, even an open, competitive market will leave out organizations
with limited resources such as schools and libraries. To compensate
for market oversights, we must insure that money -- whether through
Federal support or a tax on the companies that will control the
superhighway -- is made available to these institutions. Finally,
people won't use the new technology unless they feel that their
privacy is protected. Technical means, such as recently developed
encryption techniques, must be made available to all users. And clear
legal guidelines for individual control over access to and reuse of
personal information must be established.  Companies that sell
entertainment services will have a record of what their customers'
interests are; these records must remain confidential.

Bell Atlantic, T.C.I., Time-Warner, U.S. West and other companies
involved in proposed mergers have promised to allow the public full
access to the superhighway. But they are asking policy makers to trust
that, profits aside, they will use their new positions for the public
good.

Rather than opposing mergers or blindly trusting competition to shape
the data highways, Congress should make the mergers hinge on detailed
commitments to provide affordable services to all Americans.  Some
legislators, led by Representative Ed Markey, Democrat of
Massachusetts, are working to enact similar requirements; these
efforts deserve support.

The best approach would be to amend these requirements to the
Communications Act of 1934. Still the central law on open access, an
updated Communications Act would codify the terms of a new social
contract between the the telecommunications industry and the American
people.

Mitchell Kapor is chairman of the Electronic Frontier Foundation, a
nonprofit group that promotes civil liberties in digital media. He was
a founder of the Lotus Development Corporation, from which he resigned
in 1986. Jerry Berman is executive director of the foundation.

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

Date: Sat, 27 Nov 1993 13:55:06 -0800
From: Matt Binder <binder@WELL.SF.CA.US>
Subject: File 5--Health Privacy Radio Program

((MODERATORS' NOTE: A few months ago, Matt Binder solicited
information from a number of people on computer privacy for a segment
on privacy in the health industry. At the time, concerns were raised
that it might be another cyber-scare drama, but those familiar with
Matt's local (Bay Area, Calif.) reputation allayed suspicions. His
story justified their opinion, and we reprint it below)).

Working on the story was a real education for me, (getting to meet
all kinds of interesting people is one of the main reasons why I'm
a reporter) and I had a few good coincidences that added some
"atmosphere" to the piece.  I've included the entire script below,
I hope I'm not being presumptuous.

The show in which my 8.5 minute piece aired is called "The
Communications Revolution, produced by the Telecommunications Radio
Project, which is headquartered at KPFA-FM in Berkeley.  The
project is funded by the California Public Utilities Commission,
through the Telecommunications Education Trust (TET), which is
basically money that was overpaid to Pac Bell by its customers.
Other TET grantees are Gregg McVicar's "Privacy Project", and Beth
Given's "Privacy Rights Clearinghouse" in San Diego.  Our project
is a series of 13 one hour, live, satellite- linked panel
discussion and call-in shows that air on about thirty stations
around the country (but especially in California).

show: HEALTH PRIVACY    Matt Binder   11/12/93    draft FINAL

****************************************************************
*** cut 1 *** dramatic reading of Hippocratic Oath (Ed Markman)
   in: "I swear by Apollo Physician, by Asclepius, by Health, and
by all the gods and goddesses that I will carry out this oath:
into whatsoever houses I enter, I will enter to help the sick,
and whatsoever I shall see or hear in the course of my
profession, if it be what should not be published abroad, I will
never divulge, holding such things to be holy secrets...."     
(then fade)
****************************************************************

SINCE THE TIME OF ANCIENT GREECE, DOCTORS HAVE UNDERSTOOD THE
SENSITIVE NATURE OF THEIR PROFESSION, AND HAVE RECITED THIS, THE
HIPPOCRATIC OATH, AS A PROMISE OF CONFIDENTIALITY.  UNTIL
RECENTLY PHYSICIANS HAVE KEPT THE SECRETS OF THEIR PATIENTS IN
THEIR HEADS, OR ON PIECES OF PAPER IN A FILE.  AND THEY'VE BEEN
THE GATEKEEPERS FOR OTHERS WANTING TO SEE THIS EXTREMELY PRIVATE
INFORMATION.  BUT NOW, FOR SOME VERY GOOD REASONS, THAT'S ALL
BEGINNING TO CHANGE.

+----------------------------------------------------------------
+--- ambience 1 --- dialysis machine            (2:00)
+----------------------------------------------------------------
+----------------------------------------------------------------
+--- ambience 2 --- ventilator                  (2:00)
+----------------------------------------------------------------
+----------------------------------------------------------------
+--- ambience 3 --- Dr. Ting talking to patient    (1:30)
      (3 possible starting points)
+----------------------------------------------------------------

AT THE DIALYSIS UNIT AT EL CAMINO HOSPITAL IN MOUNTAINVIEW
CALIFORNIA, DOCTOR GEORGE TING USES A COMPUTER TO KEEP RECORDS,
ORDER TESTS AND PRESCRIBE DRUGS FOR HIS PATIENTS.  HE SAYS THE
COMPUTER SAVES HIM HOURS EACH WEEK, AND CAN EVEN SAVE LIVES...

****************************************************************
*** cut 2 *** Dr. Ting                         :15
  in: "For instance if you're ordering a medication on a patient,
it automatically gives you the most common prescribing doses and
frequency.  It does make it less likely that you're gonna make
some major mistake, prescribing ten times the usual amount."
   (then fade)
****************************************************************

+----------------------------------------------------------------
+--- ambience 4 --- Nurse Holt working at computer    (1:10)
+----------------------------------------------------------------

+----------------------------------------------------------------
+--- ambience 5 --- computer printer            (1:05)
+----------------------------------------------------------------

NURSE JUDY HOLT IS AN EVEN STRONGER PROPONENT OF THE COMPUTER.
WHEN NEW DOCTORS COME TO THE HOSPITAL AND RESIST USING THE
COMPUTER SYSTEM, SHE AND OTHER NURSES PRESSURE THEM TO GET WITH
THE PROGRAM...

****************************************************************
*** cut 3 *** Holt                        :17
  in: "We're all anxious to help them learn how to use the
computer because it saves us time, it saves the possibility of
transcription errors, it saves: 'I can't read this doctor's
writing, what on earth does it say,' and if three of us looked at
it and can't figure it out, we've gotta call him..."
    (then fade)
****************************************************************

BUT THE COMPUTERIZATION OF MEDICAL RECORDS HAS A DOWNSIDE:
AMASSING HUGE DATABASES OF SENSITIVE INFORMATION COULD OPEN THE
DOOR TO PRIVACY INVASIONS ON A SCALE UNIMAGINABLE WITH PAPER
FILES.  IT'S ALREADY HAPPENING.  INSURANCE COMPANIES AND DIRECT
MARKETERS, AIDED BY COMPUTERS ALL LINKED TOGETHER BY PHONE LINES
ARE FINDING WAYS TO GET AHOLD OF MEDICAL DATA, AND THEY'RE
SELLING AND TRADING IT ACROSS VAST NETWORKS.

+----------------------------------------------------------------
+--- ambience 6 --- Taylor answering door on Halloween   (1:00)
  in: "Trick or Treat!..."
+----------------------------------------------------------------

IT'S HALLOWEEN NIGHT AT THE HOME OF MARY ROSE TAYLOR IN
SPRINGFIELD MASSACHUSETTS.  TAYLOR RECENTLY FOUND OUT HOW EASY IT
IS TO GET TRAPPED IN ONE OF THOSE DATA WEBS.  SHE APPLIED FOR
HEALTH INSURANCE BUT WAS REJECTED BECAUSE OF A COMPUTER ERROR AT
THE MEDICAL INFORMATION BUREAU, OR MIB, A HUGE MEDICAL DATABASE
KEPT BY INSURANCE COMPANIES...

****************************************************************
*** cut 4 *** Taylor                      :20
  in: "They had my name on a urinalysis that wasn't mine, and
they refused to think that there was any kind of mistake or
mixup, and I went without insurance for a year and a half, and
had to literally go to my state representative, the insurance
commissioner just to have it corrected."
****************************************************************

TAYLOR TOLD MIB AND HER INSURANCE COMPANY THAT SHE'D HAD ONLY A
BLOOD TEST, NOT A URINE TEST, AND THEREFORE THE ABNORMAL
URINALYSIS COULDN'T POSSIBLY BE HERS.  BUT THE INSURANCE COMPANY
INSISTED THAT SHE GAVE A URINE SAMPLE, THAT IT SHOWED THERE WAS
SOMETHING WRONG WITH HER, THOUGH THEY WOULDN'T TELL HER WHAT IT
WAS...

****************************************************************
*** cut 5 *** Taylor                      :14
  in: "At one point the risk manager had me in tears (sniff).  He
was very nasty, really.  You know, and his words, what he said to
me was that computers don't make mistakes.  I said I agree, but
the people that feed the computer do.
****************************************************************

+----------------------------------------------------------------
+--- ambience 5 comes up full again --- more Halloween sound
   (then fades out completely before next cut starts)
+----------------------------------------------------------------

****************************************************************
*** cut 6 *** Anonymous (ALTERED VOICE)             :10
  in: "I'm paying fifteen thousand a year for disability,
personal disability and medical insurance, and that seems like a
whole heck of a lot of money..."   (then fade)
****************************************************************

ANOTHER VICTIM OF A MEDICAL INFORMATION BUREAU ERROR IS THIS
DOCTOR FROM SOUTHERN CALIFORNIA WHO WANTS TO REMAIN ANONYMOUS.
WHEN SHE ASKED HER INSURANCE COMPANY WHY HER RATES WERE SO HIGH,
THEY TOLD HER THAT HER MIB FILE SHOWED THAT SHE HAD ALZHEIMER'S
DISEASE AND A HEART CONDITION...

****************************************************************
*** cut 7 *** Anonymous (ALTERED VOICE)            :23
  in: "Here I am a physician who works sixteen hours a day, who's
never been in the hospital has Alzheimer's disease and a heart
attack!?  That doesn't make sense.  I don't think computers and
the people who put information into the computer are advanced
enough to have such control over our lives."
****************************************************************

****************************************************************
*** cut 8 *** Binder stand-up at MIB                       :24
  in: "I'm now standing outside the entrance to MIB Incorporated
in Westwood Massachusetts.  I've been trying for over two months
to get an interview with the president of the company, Neil Day.
He says he doesn't have the time, and no one else can speak for
the company.  But he did admit during a telephone conversation we
had that four percent of the 16 million computerized medical
records in this building do have errors in them."
****************************************************************

****************************************************************
*** cut 9 *** Smith                            :10
  in: "I don't think MIB really needs the good will of consumers,
as does a retail store, and in many ways the less known about MIB
the better perhaps for insurance companies."
****************************************************************

ROBERT ELLIS SMITH IS THE EDITOR OF PRIVACY JOURNAL IN PROVIDENCE
RHODE ISLAND...

****************************************************************
*** cut 10 *** Smith                       :23
  in: "The ancient Greeks knew as others did that for medical
care to work properly, you have to be totally candid to your
doctor.  But now instead of a one on one relationship there is a
triangle among the provider, your insurance company and your
employer, and medical information about us flows throughout that
triangle without our participation.  And that's the crisis we're
in right now."
****************************************************************

AFTER THE INSURERS AND EMPLOYERS, IT'S PHARMACEUTICAL COMPANIES
AND DIRECT MARKETERS THAT ARE THE MOST AVID COMPILERS OF MEDICAL
INFORMATION.  SOME OF THESE COMPANIES HAVE TOLL-FREE TELEPHONE
NUMBERS YOU CAN CALL TO GET FREE SAMPLES OF THEIR PRODUCTS.  WHAT
THEY DON'T TELL YOU WHEN YOU CALL IS THAT YOUR PHONE NUMBER AND
OFTEN YOUR NAME AND ADDRESS AUTOMATICALLY POPS UP ON THEIR
COMPUTER SCREENS, AND YOUR PERSONAL PROBLEM, WHETHER IT BE
ALLERGIES OR HEMORRHOIDS GOES RIGHT INTO THEIR DATABASE.  AGAIN
THE COMPANIES THAT RUN THESE DATABASES REFUSED TO TALK ABOUT
THEM.

+-----------------------------------------------------------------
+--- ambience 6 --- Apter talking on phone
+----------------------------------------------------------------

ONE MAN WHO'S NOT SHY AT ALL ABOUT HIS DATABASE SNOOPING IS JOE
APTER, PRESIDENT OF TELEPHONIC-INFO INCORPORATED OF SAINT
PETERSBURG FLORIDA.  HIS COMPANY ACTUALLY HAS A PRICE LIST OF
INFORMATION YOU CAN OBTAIN: $49 FOR SOMEONE'S SOCIAL SECURITY
NUMBER; $299 WILL GET YOU SOMETHING CALLED A "MEDICAL PROFILE"
THAT APTER WOULDN'T ELABORATE ON, BUT WHICH HE SAYS COMES FROM
LEGAL SOURCES...

****************************************************************
*** cut 11 *** Apter                         :24
  in: "There are people out there that are providing medical
records on an illegal basis.  And the method they would use to
obtain that would be a pretext into a doctor, and they'd have to
know the doctor, or a pretext in the insurance company to get
that information.  We don't do that.

or: *** alternate cut 11 *** Apter        :24
  in: "You and I are leaving threads as we go around, and we find
those threads and we weave them together to get a picture.  There
are people out there that are providing medical records on an
illegal basis.  We don't do that."
****************************************************************

****************************************************************
*** cut 12 *** Hippocratic oath
  (fades in under last cut, up full for a couple of seconds, then
under next cut, then up again after next cut.)
****************************************************************

****************************************************************
*** cut 13 *** Smith                          :22
  in: "I think the answer is for patients to insist that doctors
go back to that ancient ethical standard, and insist that they
not disclose information about them without their informed
consent totally.  The concept of informed consent about the
release of medical information seems to have gotten lost in the
modern age."
****************************************************************

(Hippocratic Oath comes up full again, then down briefly for soc
out)

I'M MATT BINDER FOR THE COMMUNICATIONS REVOLUTION.

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

Date: Wed, 8 Dec 1993 16:15:33 EST
From: CuD Moderators <cudigest@mindvox.phantom.com>
Subject: File 6--Apple "Accepts" Texas Bigotry

Last week, the Williamson County (Texas) Commissioners denied Apple
Computer, Inc., tax incentives for building a new facility.  The
reason, the commissioners explained, was their opposition to Apple's
policy of extending health benefits to the partners of gay and
unmarried couples.  The logic, according to the commissioners, was
that a county subsidy would amount to an endorsement of an "immoral"
lifestyle.  Such bigotry is intolerable as we move into the 21st
century, and we are saddened to see it endorsed by the Texas
Republican Party, as reported in the first story below.

Excerpts from the second story indicated a face-saving "compromise" by
the commissioners. Apple's acceptance of the compromise is, we feel,
inappropriate. The commissioners (and the Texas Republican Party) have
made it clear that gays and others of whom they disapprove are
unwelcome. We question whether such a climate is appropriate for
Apple, considered by most to be a principled and progressive
corporation. If it is clear that the community's homophobic attitudes
are translated into policies and action, it would seem that at least
some of Apple's employees will find themselves in a hostile
environment. Perhaps Apple should reconsider its acceptance
lest its employees find themselves in the back of the bus.

+++++++++++++

                "Texas GOP Praises Vote Against Gays"
          Source: Chicago Tribune, 5 December, 1993 (p. A-8)

Associated Press

AUSTIN, Texas--The Texas Republican Party is praising three county
commissioners who voted against tax abatements for Apple Computer Inc.
because the company grants health benefits to partners of gay and
lesbian employees.

The state Republican Executive Committee commended the three
commissioners Saturday "for having the courage to say taxpayers should
not be forced to subsidize behavior that they believe to be immoral and
illegal."

In a 3-2 vote Tuesday, the Williamson County Commission denied
$750,000 in tax abatements that Apple had sought for building an $80
million sales support center that would employ 700 people.

The three commissioners said they opposed Apple's benefits policy.

Apple later said it was committed to the policy and had been swamped
by offers to build in other communities.

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

 "Anti-gay Texas Board Finds way to Welcome Apple and its Riches"
        Source: Chicago Tribune, 8 December, I993 (p. I-6)

     Associated Press

     GEORGETOWN, Texas--Gary rights leaders called it a triumph over
     prejudice, and others said it was proof that cold cash prevails.
     Whatever the reason, Williamson County compromised Tuesday on its
     objection to Apple Computer Inc.'s benefits policy or unmarried
     employees.

     One week after rejecting a proposed tax break for Apple, county
     commissioners voted 3-2 Tuesday for an alluring financial
     alternative.  Apple said it will accept.

((The story continues that Apple's new customer support center would
bring 1,700 jobs to the area over the next 7 years, an that the impact
of construction and other indirect sources would add another 4,000 new
jobs. The story summarizes the information published in the Sunday
Tribune story)).

     The new incentive plan will reimburse taxes paid by Apple in
     exchange for giving the county the right of way for roads and
     other improvements on the Apple site.

     "Jobs prevailed over prejudice," said David Smith of the National
     Gay and Lesbian Task Force.

     Not according to some conservatives. "Once again, we see an
     entity of government that has sold out its moral beliefs for
     economic growth," said Jeff Fisher, state director of the
     American Family Association.

The story concludes by noting that Commissioner David Hays switched
his vote, even though opposed to the policy. He did so because the
compromise does not tacitly support a gay benefits policy as he felt
the previous one did.

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

End of Computer Underground Digest #5.92
************************************


