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TELECOM Digest     Thu, 10 Mar 2005 05:55:00 EST    Volume 24 : Issue 104

Inside This Issue:                             Editor: Patrick A. Townson

    Canadian Security Co's Speak Out Against Anti-Circumvention (M Falco)
    "Hollywood Hacking Bill" Author Named Dem. Liaison (Marcus Didius Falco)
    Cell Phones Do Much More Than Make Calls (Monty Solomon)
    TiVo Patent Suit Advances on Federal Court Denial of Echostar (Solomon)
    Vonage Being Blocked -- Again (Jack Decker) 
    Phone Doesn't Disconnect (cyklone006@gmail.com)
    Shooting Victim Gets to Pay Phone (Carl Moore)
    Re: "Broadcast Flag", was Re: My New DVR From Cable One (Dan Lanciani)
    Re: Vonage Outage Last Thursday (DevilsPGD)
    Re: Vonage Outage Last Thursday (Brian Inglis)
    Re: Vonage Outage Last Thursday (Tim@Backhome.org)
    Re: Vonage Outage Last Thursday, was: Vonage (Lisa Hancock)

Telecom and VOIP (Voice over Internet Protocol) Digest for the
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and the name of our lawyer; other stuff of interest.  

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

Date: Wed, 09 Mar 2005 23:26:40 -0500
From: Marcus Didius Falco <falco_marcus_didius@yahoo.co.uk>
Subject: Canadian Security Co's Speak Out Against Anti-circumvention


  ------ Forwarded Message
  From: Michael Geist < >
  Date: Tue, 08 Mar 2005 17:30:17 -0500
  To: <dave farber. >
  Subject: Canadian Security Co's Speak Out Against Anti-circumvention
  Legislation
  
  Dave,

  A substantial group of Canada's security technology companies have sent a 
  public letter to the Industry and Heritage Ministers to express concern 
  about the potential for DMCA-like legislation in Canada.  Years of 
  discussions and no one bothered to ask these guys what they think.

  The public letter has been posted online at 
<http://www.cippic.ca/en/news/documents/Letter_to_Ministers_Emerson_and_Frulla_from_Security_Business_Community.pdf>

  A release and backgrounder are at
     http://www.cippic.ca/en/news/documents/Press_Release_-_Security_Businesses.pdf
  http://www.cippic.ca/en/news/documents/Backgrounders_of_Participants.pdf

  This might be a sign of Canada's technology community waking up to the 
  implications of copyright reforms that directly impact their businesses.

Best,

MG

March 8, 2005

BY COURIER

The Honourable David L. Emerson, P.C., M.P.
Minister of Industry
235, Queen Street, 11th Floor, East Tower
Ottawa, Ontario   K1A 0H5

The Honourable Liza Frulla, P.C., M.P.
Minister of Canadian Heritage and Status of Women
15 Eddy Street
Gatineau, Quebec  K1A 0M5

Dear Minister Emerson and Minister Frulla:

Re: Proposals to include Anti-Circumvention Rights in A Bill to Amend 
the Copyright Act

We write to you as leaders of Canada's security research business
community.  We understand that the Canadian government in the near
future will introduce legislation to amend the Copyright Act to
introduce rights to prohibit the circumvention of technological
protection measures, or "TPMs".  Any such amendment will have profound
negative consequences for security researchers and businesses that
commercialize such research.  The business community involved with
security research and related services has a great deal at stake in
this legislation, both economically and technologically.  Despite
these considerations, the government has yet to consult with us.  We
urge the government to take our concerns into account prior to
implementing any such amendment.

Legal protection for TPMs is the equivalent of making screw-drivers
illegal because they can be used to break and enter.  Good legislation
targets the illegal act, not the legal tools the crook might use.
Canada is already well-served by laws protecting copyright.  Outlawing
the technological tools - the screw-drivers of the technology
community - undermines Canada's commitment to fostering an economy
built on innovation and opportunity.

Understand that the science and business of digital security implicates the 
practical application of circumvention technologies. To understand security 
threats, researchers must understand security weaknesses.  We are not in 
the business of circumventing technological safeguards for the purposes of 
exploiting the weaknesses we find; rather, we are in the businesses of 
finding and addressing those weaknesses.  In this way, our work offers 
crucial support to the business interests of those who seek to protect 
their copyrighted works through technology.  Indeed, technological 
protection measures and digital rights management systems themselves are 
practical applications of the work of this research community.

We observe that in other jurisdictions, rights holders have often
sought to enforce anti-circumvention rights for reasons other than
copyright protection.  Anti-circumvention rights have anti-competitive
applications.  These have been well documented and should be familiar
to you.  We won't dwell on them here. More troubling from a public
policy perspective, however, are those attempts to assert
anti-circumvention rights to silence critical research into security
holes.  Such attempts are at base motivated by a desire to maintain
control over security research in respect of particular platforms or
applications.  Centralized control over security research does not
make for good public policy. Security weaknesses are best found - and
addressed - when a variety of security researchers examine a platform
or application. The odds of one party devising the best response to a
security issue are slim; the likelihood of an optimal response
improves significantly when a community of security researchers has
the opportunity to examine and test a platform or application.
Anti-circumvention laws throw a shroud of legal risk over that
community, and dampen security research at the edges.  Simply,
anti-circumvention laws that provide for excessive control make for
bad security policy.

The American experience under the Digital Millennium Copyright Act
(the "DMCA") should be instructive in this regard. Professor Ed Felton
of Princeton University was threatened with litigation (as were
conference organizers) for attempting to present his findings on
security holes in the work of the Secure Digital Music Initiative
industry working group.  Dmitri Sklyarov, a Russian programmer, was
jailed for travelling to the United States and presenting the results
of his work on a software tool that could be used to read Adobe's
"e-book" files.  American security researchers are choosing to avoid
research with DMCA implications. Global experts on security now avoid
traveling to the United States. Richard Clarke, former White House
cybersecurity and counterterrorism adviser, has observed that the
DMCA's anti-circumvention provisions have had a "chilling effect on
vulnerability research."  The DMCA has had a demonstrably negative
impact on security research in the United States.

Canada has historically been a global leader in the science of
cryptography.  Canada is now turning to apply that strength to the
business of digital security.  The Canadian government should support
this emerging industry, not erect market barriers or create new risks
of legal liability.  In the late nineties, the Canadian government
made online connectivity a priority with the goal of making Canada
"the most connected nation in the world".  Consistent with that goal,
Canada released its Cryptography Policy in 1998, envisioning digital
security as key to "building Canada's information economy and
society", and making a commitment to fostering the development of the
digital security business sector. In 1998, the Canadian government
recognized the importance of this business sector to securing reliable
electronic commerce.  In the context of anti-circumvention laws, these
considerations have barely merited a mention.

Proponents of anti-circumvention laws protest that these laws do not
target "legitimate" security research, and that laws may be crafted
with exceptions for such research.  With respect, the DMCA carries
such exceptions.  They have proven both inadequate and ineffective in
protecting security researchers from threats of litigation.  Moreover,
such exceptions offer little security against the threat of
litigation.  Rights-holders have not hesitated to assert
anti-circumvention rights against researchers to maintain control over
public dissemination of security research implicating their
applications and platforms, even where such claims have only the most
tenuous basis in fact.  Nonetheless, such threats create a "liability
chill".  Security researchers and businesses generally lack the time
and resources to defend such claims, with the result that the mere
threat achieves the claimant's objective.  The mere threat of
liability for circumvention is a mischief itself that may only be
addressed by not creating the basis for the threat in the first place.

In our view, the best policy would be to introduce no change to the
law at all.  Rights-holders are well protected by traditional rights
under the Copyright Act.  An infringement remains an infringement
regardless of whether or not a TPM is circumvented. TPMs themselves
provide a second layer of protection sufficient to deter all but the
most sophisticated would-be infringers. Legally privileging TPMs would
add a third layer of protection; however, we seriously question
whether the marginal value of this legal protection outweighs the
severe impairment it causes to legitimate security research.

We welcome the opportunity to discuss the matters addressed in this
letter with you.  We look forward to being consulted by the government
on future developments in this area.

Yours truly,

Brian O'Higgins
Chief Technology Officer
Third Brigade, Ltd.

Brian Flood
Chief Executive Officer
VE Networks, Inc.

Bob Young,
Co-founder and Director, Red Hat, Inc.
Founder and CEO of Lulu, Inc.
Owner, Hamilton Tiger-Cats Football Team
Hugh Ellis
Chief Executive Officer
Cinnabar Networks Inc.

John Detombe
Director
AEPOS Technologies Corporation

Austin Hill
President
Synomos Inc.

John Alsop
Founder and Chairman
Borderware Technologies Inc.

Michael Kouritzin
Chief Executive Officer
Random Knowledge Inc.

Dr. Stefan Brands
President
Credentica

Carl C. Bond
President
Innusec, Inc.

Djenana Campara
Chief Technology Officer
Klocwork Inc.

Randy Sutton,
President
Elytra Enterprises Inc.


Professor Michael A. Geist
Canada Research Chair in Internet and E-commerce Law
University of Ottawa Law School, Common Law Section

  ------ End of Forwarded Message

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

Date: Thu, 10 Mar 2005 00:41:40 -0500
From: Marcus Didius Falco <falco_marcus_didius@yahoo.co.uk>
Subject: Hollywood Hacking Bill Author Named Dem. Liaison


  From Declan's list

  ---------- Forwarded message ----------
  Subject: "Hollywood Hacking Bill" Author Named as Democrat Liaison to
  Entertainment Industry
  From: Richard Forno <rforno@infowarrior.org>

This is beyond absurd. Howard Berman is the Congresscritter who, a few
years ago, wanted to enact laws that would let the entertainment
industry "hack" private computers in their quest for copyright
investigations.....his proposed law would also indemnify the
entertainment cartels if those actions resulted in problems for the
folks being "hacked" -- even if the "hack" resulted in not finding any
"infringing" materials.

As of today, the Democrats have the glaringly-ignorant shill of the
entertainment industry (Berman) working for the greedy entertainment
industry itself. How very convenient for all sides.  Except the public
(and many artists) of course.

Anyway, some info on the old Berman Bill that shows how his mind works:
http://news.com.com/2100-1023-945923.html?tag=3Dfd_lede

 ... and the new press release from today ...

Pelosi Appoints Berman as Chief Liaison to the Entertainment Industry
http://democraticleader.house.gov/press/releases.cfm?pressReleaseID=886

Washington, D.C House Democratic Leader Nancy Pelosi today announced
the appointment of California Congressman Howard L. Berman as chief
liaison between the House Democratic Caucus and the entertainment
industry.

Berman, a senior California lawmaker who has worked closely and
productively with the film industry for years, will hold a more
regular and institutionalized dialogue with industry representatives
on issues vital to those who make and market films, music, and other
copyrighted materials.  Berman is the top Democrat on the House
Judiciary Subcommittee on Courts, the Internet and Intellectual
Property.

"Howard Berman has long been a leader on copyright enforcement and
stopping Internet piracy," Pelosi said.  "He understands the business
and creative interests of the entertainment industry, which comprises
the largest and fastest growing sector of the U.S. economy and creates
a surplus balance of trade.  This appointment will put in place a
process for even greater communication and mutual understanding
between House Democrats and the entertainment industry."

"Entertainment is my hometown industry," said Berman, "and it's one
I've been working with closely for all the years I've been in
Congress.  I welcome this new way to emphasize its issues to the
Democratic leadership."
_______________________________________________ Politech mailing list
Archived at http://www.politechbot.com/ Moderated by Declan McCullagh
(http://www.mccullagh.org/)


                       John F. McMullen
               http://www.westnet.com/~observer

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

Date: Wed, 9 Mar 2005 22:45:08 -0500
From: Monty Solomon <monty@roscom.com>
Subject: Cell Phones Do Much More Than Make Calls


By MATT MOORE AP Business Writer

HANOVER, Germany (AP) -- The mobile phone is a phone no more. The new
models unveiled at the CeBIT technology show Wednesday let users do
far more than just call a friend to catch up.

How about sending them a brief film clip of you standing by a fountain
in Rome? Or perhaps a photo of the Eiffel Tower with an image quality
so fine it could be blown up and placed in a 10x14-inch frame.

Between a new Samsung handset that sports a seven-megapixel camera _
better resolution than most nonprofessional digital cameras _ and a
wide range of mobiles that download and stream music like an MP3
player, cell "phones" are now a lot more than just a keypad and three
hours of talk time.

The slew of new features on phones is an astounding leap from just two
years ago, when an integrated camera that took fuzzy images was an
attention-getter. And since 2002, music and mobiles has meant much
more than just ringtones.

All these new bells and whistles have become a big selling point, not
just for the makers, but for the carriers who want to increase their
revenue.

      - http://finance.lycos.com/home/news/story.asp?story=47544259

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

Date: Wed, 9 Mar 2005 22:47:06 -0500
From: Monty Solomon <monty@roscom.com>
Subject: TiVo Patent Suit Advances on Federal Court Denial of Echostar


ALVISO, Calif., March 9 /PRNewswire-FirstCall/ -- TiVo Inc.  (Nasdaq:
TIVO), the creator of and a leader in television services for digital
video recorders (DVRs), today announced that the federal district
court for the Eastern District of Texas, Marshall Division has denied
motions to dismiss and transfer TiVo's patent infringement case
against Echostar Communications Corporation (ECC) and affiliated
companies. In that case, TiVo has alleged that ECC and certain
subsidiaries are violating a key TiVo patent (U.S. Patent
No. 6,233,389 issued to TiVo in May 2001, known as the "Time Warp"
patent).  The defendants had sought to transfer the case out of Texas,
and two of the defendants argued that they were not subject to
jurisdiction in Texas. The Court denied both motions.

Key TiVo inventions protected by this patent include a method for
recording one program while playing back another; watching a show as
it is recording; and a storage format that supports advanced
capabilities -- such as pausing live television, fast-forwarding,
rewinding, instant replays, and slow motion.

     - http://finance.lycos.com/home/news/story.asp?story=47542335

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

From: Jack Decker <jack-yahoogroups@withheld on request>
Date: Wed, 09 Mar 2005 21:53:56 -0500
Subject: Vonage Being Blocked -- Again
Reply-To: VoIPnews@yahoogroups.com


http://informationweek.com/story/showArticle.jhtml?articleID=159400250

Vonage Being Blocked -- Again
March 9, 2005 		
	
Vonage Holdings Corp. said it is investigating a new potential
incident of its Voice over IP service being blocked, this time by a
cable television company that also provides Internet services.  

By Paul Kapustka - Advanced IP Pipeline
	  	
Vonage Holdings Corp. said it is investigating new potential incident
of its Voice over IP service being blocked, this time by a cable
television company that also provides Internet services.

Brooke Schulz, Vonage's vice president for corporate communications,
confirmed that the company is "investigating a new instance" of
service interruption that appears to be another case of port
blocking. Schulz said the incident involves Vonage customers who use
high-speed Internet services provided by a cable operator, somewhere
in the Midwest U.S.

[.....]

Over the past two weeks, industry sources who declined to be named
said they had heard rumors that some Vonage customers in the Midwest
were having their services blocked. On Wednesday, Schulz confirmed
that Vonage is "investigating an instance [of service outages] on a
cable operator's system in the Midwest."

Full story at:
http://informationweek.com/story/showArticle.jhtml?articleID=159400250

How to Distribute VoIP Throughout a Home:
http://michigantelephone.mi.org/distribute.html

If you live in Michigan, subscribe to the MI-Telecom group:
http://groups.yahoo.com/group/MI-Telecom/

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

From: cyklone006@gmail.com
Subject: Phone Doesn't Disconnect
Date: 9 Mar 2005 17:30:50 -0800


Hello. I am having problems with people -- usually telemarketers
calling my home. When I hang up the phone, and wait a few seconds, and
then pick it up again, they are still on the line. How is this done?
Can I do something about it?



[TELECOM Digest Editor's Note: You need to wait a few more seconds.
Give it about a full minute to make sure the line disconnects, but
it usually should not take that long. And of course, make sure all 
of your numbers -- landline, cellular and VOIP are listed on the
federal and (your) state 'do not call' lists as well.  PAT]

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

Date: Wed, 9 Mar 2005 15:23:33 EST
From: Carl Moore <cmoore@ARL.ARMY.MIL>
Subject: Shooting Victim Gets to Pay Phone


A story dated yesterday got onto the WPVI-TV web site (channel 6,
"Action News", Philadelphia), entitled "Shooting Outside Logan
Restaurant".  It says a man was shot and "He was able to walk to a
nearby pay phone and call 911".  I'm letting you know because of
previous blurbs in this Digest about fewer pay phones due to cell
phones being so popular.

For as long as it's good, here is the reference:
http://abclocal.go.com/wpvi/news/030805_nw_loganshooting.html

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

Date: Thu, 10 Mar 2005 00:40:32 EST
From: Dan Lanciani <ddl@danlan.com>
Subject: Re: "Broadcast Flag", was Re: My New DVR From Cable One


kd1s@nospamplease.cox.reallynospam.net (Tony P.) wrote:

> But if you read the FCC documents about it, they make it clear that
> anyone with a little technical knowledge can easily defeat the DRM
> functions.

So have they given up on the (complicated but fairly robust)
encryption/ authentication/key-revocation scheme for digital
interconnects that was being bandied about in the beginning?  (The
actual OTA signal would have been in the clear in any case, but
building an ATSC receiver probably takes more than a little technical
knowledge and even then isn't what I'd call easy.  Unless of course
someone comes up with a good GNUradio cookbook. :)

> The courts are going to slap down on the FCC anyhow.

We live in hope ...


Dan Lanciani
ddl@danlan.*com

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

From: DevilsPGD <ihatespam@crazyhat.net>
Subject: Re: Vonage Outage Last Thursday
Date: Wed, 09 Mar 2005 17:34:23 -0700
Organization: Disorganized


In message <telecom24.103.16@telecom-digest.org> Randal Hayes
<randal.hayes@uni.edu> wrote:

> Vonage, or even the VOIP environment are not unique here; for several
> years some of the largest carriers have experienced outages during
> some of their busiest periods due to scheduling non-emergency software
> loads and upgrades during peak periods ... what idiocy!

> Is common sense a thing of the past for some people, or is the belief
> in performing quality work a thing of the past for some people ... or
> both?

Personally, I do most of the maintenance work on my servers during "peak
hours"

Why?  Well, two reasons: 

1) My system is redundant enough that users don't notice the outage.
2) If something blows up and I need assistance (usually in the form of
a hardware failure in a remote data center), I can get that support
during the day.  At night it's hit and miss.

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

Date: Thu, 10 Mar 2005 07:03:05 GMT
From: Brian Inglis <Brian.Inglis@SystematicSW.Invalid>
Subject: Re: Vonage Outage Last Thursday
Reply-To: Brian.Inglis@SystematicSW.ab.ca
Organization: Systematic Software


On Wed, 09 Mar 2005 13:02:35 -0600 in comp.dcom.telecom, Randal Hayes
<randal.hayes@uni.edu> wrote:

> Vonage, or even the VOIP environment are not unique here; for several
> years some of the largest carriers have experienced outages during
> some of their busiest periods due to scheduling non-emergency software
> loads and upgrades during peak periods ... what idiocy!

> Is common sense a thing of the past for some people, or is the belief
> in performing quality work a thing of the past for some people..or
> both?

It works, ship it ... we're all beta test sites now!


Thanks. Take care, 

Brian Inglis 	Calgary, Alberta, Canada

Brian.Inglis@CSi.com 	(Brian[dot]Inglis{at}SystematicSW[dot]ab[dot]ca)
    fake address		use address above to reply

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

From: Tim@Backhome.org
Subject: Re: Vonage Outage Last Thursday
Date: Thu, 10 Mar 2005 01:34:04 -0800
Organization: Cox Communications


Randal Hayes wrote:

> Is common sense a thing of the past for some people, or is the belief
> in performing quality work a thing of the past for some people ... or
> both?

Maybe creative lying is more of a thing of the past. ;-)

So far as I know the wireline LECs still do major generic loads at 200
AM on Saturday morning.

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

From: hancock4@bbs.cpcn.com
Subject: Re: Vonage Outage Last Thursday, was: Vonage
Date: 9 Mar 2005 12:06:40 -0800
Organization: http://groups.google.com


Tony P. wrote:

> I'd like to know what part of $88 you consider reasonable. That's
> what Verizon was getting from me for unlimited national/local.

My Verizon charge for that is about $40 (with discount for combining
cell phone), and also gives a package of features.  FCC line
cost, etc. extra but the total cost is much less than $88.

There are other wireline competitors with cheap packages, too.

Note that many people may be paying close to that already just to have
a regional-wide free calling area.  I had that it and it was another
only $15 to go unlimited national.  I don't make that many toll calls
but it paid for me; plus I have the convenience of not watching the
clock anymore or worrying about toll calls.  I also can call back
other callers so they don't run up their bill, so my friends save
money too.

A lot of people who use VOIP still keep a wireline in reserve or for
other uses.  There is still a cost for that.

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


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