The Neverending Story (Summer, 1997) ------------------------------------ Sometimes it seems as if the true driving force behind progress is sheer stupidity. Almost without fail, whenever something truly promising comes along, its true potential is either never realized or hopelessly crippled by fear, ignorance, or overregulation. Anyone involved in the Internet will recognize this. Here we have something unprecedented in human history the ability to communicate around the planet with people of all different varieties; to share knowledge in a way that has never been done before. It seems pretty apparent to us that this is a good thing. But fear and suspicion soon took control as the focus turned away from the amazing possibilities and instead centered on all of the worst-case scenarios we were able to conjure up in our minds. What if terrorists figured out how to send email? What if pedophiles communicated with children? What if copyrights became meaningless? What if we didn't know what the hackers were up to? Just tune into your local evening TV news to get a taste of the fear mongering that takes place. If you find it funny and absurd, that's good. You recognize the mass media for what it is. But that's only the first step. Ridiculous as it may appear, the hysterical braying that surrounds us is actually believed by a great many people, including those people with the power to change things. The Clinton administration, for one. Here we have the first administration in the history of our country that actually had a handle on what high technology was all about. They used the Net. They understood the potential of encryption. They quickly outgrew the antiquated communications systems that existed in Washington before their arrival. And then they tried to control it. They wanted encryption to be regulated and controlled by the government. They wanted digital phone systems to have monitoring capabilities built into them. They seemed to focus more on the potential misuses of the Net and how to punish offenders rather than recognize it as the single most powerful tool of communication and free speech that has ever been known to humanity. The lesson here is that power and awareness don't always add up to fairness. Regardless of what kind of political system is in place, such advances for the common people are almost always looked upon as a threat to those in power. Of course we have people like Senator Exon, who managed to get the Communications Decency Act passed into law by people in power too scared to stand up to this flagrant violation of the First Amendment. Everyone knew that this legislation went against the Constitution. But who in the government had the guts to stand up and say that indecency was protected speech? Only the Supreme Court, which threw the CDA out earlier this summer. Not the House, not the Senate, not the President. And certainly not the media. They were willing to throw it all away just to avoid being associated with something controversial. This was a hollow victory because so much time and effort had to be wasted to fight something that was so obviously wrong in the first place. Meanwhile people like Robert Thomas, Bernie S., and Kevin Mitnick are persecuted with little attention because civil liberties groups have their hands tied with stupidity like the CDA and because the public has been conditioned not to care. But the facts remain. Robert Thomas and his wife were taken away from their family and put in prison for three years because their adult bulletin board in California offended someone in Memphis who called it on their own volition. It could have happened to literally anyone. Those reading 2600 regularly should be quite familiar with the Bernie S. story, where the Secret Service managed to imprison Bernie for nearly two years for possession of electronic parts that almost any hacker would have and which could be used for all sorts of perfectly legitimate things. And, of course, Kevin Mitnick's continuing plight seems to have no end in sight: indefinite prison time not so much for anything he's done (more than two years later this has yet to be clearly defined) but for what the rest of us are afraid he could do. Nothing we say can illustrate this as well as Mitnick's conditions of supervised release, which will go into effect for a number of years after he s released from prison which, it would seem, the government believes should be never. Pay close attention to these restrictions because you will undoubtedly see more of them: "The defendant shall not possess or use for any purpose the following: any computer hardware equipment; any computer software programs; any modems; any computer related peripherals or support equipment; any portable laptop computers; personal information assistants and derivatives; any cellular phone; any television; any instruments of communications equipped with online Internet, world wide web, or other computer network access; any other electronic equipment presently available or new technology that becomes available that can be converted to or has as its function the ability to act as a computer system or to access a computer system, computer network, or telecommunications network, except defendant may possess a landline telephone; The defendant shall not be employed or perform services for any entity engaged in the computer, computer software, or telecommunications business and shall not be employed in any capacity where he will have access to computers or computer related equipment or software; The defendant shall not access computers, computer networks, or other forms of wireless communications himself or through third parties; The defendant shall not act as a consultant or advisor to individuals or groups engaged in any computer related activity; The defendant shall not acquire or possess any computer codes including computer passwords, cellular phone access codes or other access devices that enable the defendant to use, acquire, exchange, or alter information in a computer or telecommunications database system; The defendant shall not use or possess any data encryption device, program, or technique for computers or any other purpose; The defendant shall not alter or possess any altered telephone, telephone equipment, or any other communications related equipment; The defendant shall not use any telephone or telephone related equipment for purposes other than to speak directly to another person; The defendant shall only use his true name and not use any alias or other false identity." Again, if you find this funny and absurd, that's good. But this is also scary as hell and something that should not be ignored by anyone. This is by no means an isolated case. Other people are being faced with these kinds of restrictions at an alarming rate. It tells us that the authorities are very wary of almost any form of technology (even a television set!) and are prepared to restrict access whenever possible. We find the item about not being allowed to use encryption especially telling. It's no longer enough to confine someone to a certain space and to restrict their movements. Now, anything that can be used to achieve privacy is seen as a threat and something to be restricted. Even speech is being regulated: Mitnick isn't allowed to advise people on the subject that he knows best. And, according to this, it would be a violation for him to use voice mail since he wouldn t be using a telephone "to speak directly to another person." We wonder just what it is they expect Mitnick to do when he gets out. It seems that life in our society will be nearly impossible for him. These conditions demonstrate an utter lack of understanding of technology and would seem to prove quite conclusively that the motivating factor behind them is fear. If you believe that someone like Mitnick is capable of doing anything in the world with a telephone or an electronic device, then these words start to make a little more sense. But judges aren't supposed to think simplistically and in tabloid style like two-bit Hollywood directors out to make a quick buck by creating cheap fantasy. They should be attempting to grasp the basic concepts of the technology that now affects them, rather than letting their emotions and fears dictate their rulings. And we should be watching over them prepared to speak out when things like this occur. Because, eventually, one way or another, the rulings, shortsightedness, and fear will have a profound effect on our lives.