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Subject: This is it; we must succeed today or we've lost.
Date:    Fri, 7 Oct 1994 01:17:56 -0400 (EDT)


** Note- the postings of the Voters Telecomm Watch are not usually posted
to cpsr-announce, but all of them are being posted to the newsgroup 
comp.org.cpsr.talk.  There has been quite a flurry of postings lately because
the bill is now very close to passing, and with almost no real depth of
understanding in Congress.  Please consider participating in the law-
making process by studying the issue and voicing your opinion to your
legislator.  -Ed.



      [THIS IS IT.  FORWARD THIS EVERYWHERE.  IF WE LOSE TODAY ITS OVER.]

                          The Wiretap Watch
                              Issue 1.05
                            October 6, 1994
                    Distribute Widely (until 11/1/94)

Recent Quote:

      "Hey, when I mention that I'm collecting vote information
       it seems to scare the pants off of them. They listen &
       promise to call me back!"
              -Another enthusiastic VTW list member describing
               a call to a legislator
              
The Wiretap Watch will be posted on a frequent basis until the FBI's
Wiretap bills pass or fail this session.
------------------------------------------------------------------------------
-
Contents
      What's New
      What you should do right now
      Positions of legislators pro/con/wavering
      Status of the bills
      Brief explanation of the bill 
------------------------------------------------------------------------------
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WHAT'S NEW WITH THE FBI'S WIRETAP BILL (SB 2375) (brief version)
                              10/6/94

This is IT.  You must call today.  If the Senate cannot pass the bill
before it adjourns today it will be a significantly embarassing setback.
You cannot wait until Monday.  By Monday it will be too late.

Feel free to use the toll-free number (1-800-768-2221) the Religious
Right has set up to allow their constituents to contact their
legislators more easily.

Call Senators Wallop, Warner, and your own and tell them to vote NO on
SB 2375.  Mail vtw@vtw.org for more information.

-Forward this letter to ten friends.

-Sen. Malcolm Wallop (R-WY) has placed a hold on the bill.  It is crucial
 to support his position so that he can continue to oppose the bill.
 Call him with the sample communique below. 

-Sen. John W. Warner (R-VA) is also giving the bill second thoughts.  Call
 him and express your concern as well.

-Calls are *still* pouring into Sen. Boxer's & Feinstein's offices.

-Senators Feinstein's (CA) office is still doing spin control.  They've
 crafted a more carefully thought out statement about her position that
 indicates she's "re-examining her position."  Is this smoke?  Call her
 anyway and explain how disturbed you are by her committee vote in favor
 of the bill.  Urge her to oppose the bill.

-The email is STILL pouring in.  We love it!  If our mailbox filled up
 because everyone called their legislator and wanted to tell us about it,
 our Internet provider would be sad but we'd be thrilled!

Current Wiretap Supporters (based on comm. vote or statement)
Senators: Heflin (AL), DeConcini (AZ), Feinstein (CA), Brown (CO), Biden (DE),

        Grassley (IA), Moseley-Braun (IL), Simon (IL), Kennedy (MA),
        Cohen (ME), Metzenbaum (OH), Specter (PA), Thurmond (SC),
        Pressler (SD), Hatch (UT), Leahy (VT), Kohl (WI), Simpson (WY)
------------------------------------------------------------------------------
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WHAT YOU SHOULD DO RIGHT NOW

In some ways, even we are amazed.  This bill has been in the works for
months and yet here we are, in the last days before the break and its
sponsors are still trying to navigate its passage.  Even though there
will be a lame duck session after the elections, its costing a
significant amount of time and effort to fight all of the opposition
being brought by voters.

Your Senator needs pressure from *you*.  They cannot oppose this alone;
they need to be able to state that they are doing it because "their
constituents asked them to."

There are four things you can do to help stop the bill:

1. Forward this to ten people you know.  It has an expiration date
   so don't worry about it becoming an urban legend like the "modem tax."

2. Call Sen. Malcom Wallop (R-WY) and ask him to maintain a hold on the
   bill.  He is holding it back, but cannot do it forever.  The more support
   he receives, the stronger a position he is in to maintain his hold.
   His office needs to hear from people to bolster his position.  Call
   everyone you know and dictate these things if you have to.

      -Pick up the phone.
      -Call 1-800-768-2221, ask for Sen. Wallop's office.
       (or call 1-202-224-6441 or fax 1-202-224-3230)
      -Feel free to say the following:

      SAMPLE COMMUNIQUE (FAX OR PHONE)
      Dear Senator Wallop:

      I wish to thank you for your opposition to Digital Wiretap,
      S.2375. This legislation is being rushed through Congress
      without the study it deserves.  Its impact on industry,
      privacy, and its ultimate financial costs, as well as the
      extent of the need by law enforcement, are all largely unknown.
      In the absence of such information, I ask that you please
      continue delaying passage of this bill.

      Sincerely,
              _____________________


3. Call Sen. John W. Warner (R-VA) and ask him to oppose unanimous
   consent on S. 2375, and the bill itself.  He needs to know that there
   has not been significant public debate on the bill. 

      -Pick up the phone.
      -Call 1-800-768-2221, ask for Sen. Warner's office.
       (or call 1-202-224-2023 or fax 1-202-224-6295)
      -Feel free to say the following:

      SAMPLE COMMUNIQUE (FAX OR PHONE)
      Dear Senator Warner:

      I encourage you to place a hold on Digital Wiretap, S.2375, or
      maintain it if you already have one. This legislation is being
      rushed through Congress without the study it deserves. Its
      implications for privacy, its impact on industry, and its
      ultimate financial costs, as well as the extent of the need by
      law enforcement, are all largely unknown. In the absence of
      such information, I recommend delaying passage of this bill.

      Sincerely,
              _____________________

4. Call your own Senators and explain to them that you are opposed the
   bill.  You must do this today.  Tomorrow is too late.

      -Pick up the phone.
      -Call 1-800-768-2221, ask for your Senator by name.
      -Feel free to say the following:

      SAMPLE COMMUNIQUE (FAX OR PHONE)
      The FBI is trying to push through its wiretap bill (SB 2375)
      without due deliberation.  The bill is too costly; even Dir.
      Freeh agrees it will take more than the $500 million written
      into the bill.  It will impose a significant burden on small
      local carriers and the telecommunications industry (both
      manufacturers and service providers).

      Finally, the FBI has been elusive with its facts and the public.
      A complete lack of public debate and little justification for the
      public given by Dir. Freeh makes this bill extremely premature.

      Please vote NO (and place a hold) on SB 2375.

      Thank you,

              ___________________

      Find out what the Senator's position is; call them DAILY.
      They'll have to vote on it soon, so don't let them tell you
      they haven't made up their mind yet.  Mail the answer to
      vtw@vtw.org.

Step 5. Feel good about yourself.  You've just joined hundreds (if not
      thousands) of people who have participated in their democracy
      in the last week on this issue.

      And all without leaving your home/office/car.
------------------------------------------------------------------------------
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STATUS

STATUS SB 2375
      Currently being stalled by other business (Haiti, campaign reform,
      lobbying) and individual Senators who are placing "holds" on the
      bill.  If it could be stopped before the Senate adjourns Friday,
      that will be a significant victory.

STATUS HR 4922
      It passed on the evening of Oct. 5 on a voice vote.

Oct  7, 94  The Senate plans to adjourn to go home and campaign.
Oct  6, 94  Nothing happened, though a Senate vote was expected.  Several
          Senators have placed holds on the bill.
Oct  5, 94  House passes HR 4922 on a voice vote.
Oct  4, 94  House is scheduled to vote on HR 4922, along with more than
          50 other items on the "suspension calendar".  The debate
          took place tonight; the House vote was put off until Oct 5, '94.
Oct  3, 94  Judge Richey instructs the FBI to comply with a FOIA request
          to make available their wiretap surveys (which they claim
          justify their bill) by Nov. 1.
Sep 29, 94  HR 4922 marked up and reported out of the Hse. Jud. Comm
            and nearly to the full House
Sep 28, 94  SB 2375 amended, marked up, and reported out of the Sen. Jud.
            Comm. to the full Senate
Sep 15, 94  HR 4922 hearing held in the Telecommunications Comm.
Aug 18, 94  HR 4922 reported back to committee (write to Rep. Jack Brooks!)
Aug 11, 94  Sen. Leahy & Rep. Edwards hold a joint hearing on the bills in
            Wash. DC at 1pm in Rayburn 2237.
Aug 10, 94  HR 4922 referred to Subcomm. on Civil and Constitutional Rights
Aug 10, 94  SB 2375 referred to Subcomm. on Technology and the Law
Aug  9, 94  Rep. Hyde officially cosponsors HR 4922 
Aug  9, 94  HR 4922 referred to House Judiciary Committee
Aug  9, 94  SB 2375 referred to Senate Judiciary Committee
Aug  9, 94  Identical House and Senate bills are announced by their respective

            sponsors, Rep. Don Edwards (D-CA) and Sen. Patrick Leahy (D-VT)
            EFF states the legislation is "not necessary" and predicts it
          will pass regardless.

For more information about the Digital Telephony bills, check the
Voters Telecomm Watch gopher site (gopher.panix.com) or contact Steven
Cherry, VTW Press Contact at (718) 596-2851 or stc@vtw.org.

------------------------------------------------------------------------------
-
POSITIONS OF LEGISLATORS
[Note this only reflects the feedback we have received.  Many people don't
 tell us they've called their legislator. -Shabbir]

Senators:
p st name                       phone           fax
= == ========================   ==============  ==============
R AK Murkowski, Frank H.        1-202-224-6665  1-202-224-5301
      Undecided; we have notification of significant callers
R AK Stevens, Ted               1-202-224-3004  1-202-224-1044
*D AL Heflin, Howell T.          1-202-224-4124  1-202-224-3149
        Voted in favor of the bill leaving the Judiciary committee. (bad)
D AL Shelby, Richard C.         1-202-224-5744  1-202-224-3416
D AR Bumpers, Dale              1-202-224-4843  1-202-224-6435
D AR Pryor, David               1-202-224-2353  na
*D AZ DeConcini, Dennis          1-202-224-4521  1-202-224-2302
        Voted in favor of the bill leaving the Judiciary committee. (bad)
R AZ McCain, John               1-202-224-2235  na
D CA Boxer, Barbara             1-202-224-3553  1-415-956-6701
      Undecided; we have notification of significant callers
*D CA Feinstein, Diane           1-202-224-3841  1-202-228-3954
      Has stated that she will be voting for the bill (bad)
        Voted in favor of the bill leaving the Judiciary committee. (bad)
D CO Campbell, Ben N.           1-202-225-4761  1-202-225-0228
*R CO Brown, Henry               1-202-224-5941  na
        Voted in favor of the bill leaving the Judiciary committee. (bad)
      A previous report of Brown opposing the bill turns out to be
      inaccurate.
D CT Dodd, Christopher J.       1-202-224-2823  na
      Undecided; has been contacted by several constituents.
D CT Lieberman, Joseph I.       1-202-224-4041  1-202-224-9750
*D DE Biden Jr., Joseph R.       1-202-224-5042  na
      Biden is a co-sponsor of the bill.  Call him and tell him how
      unhappy you are about his position.
      Voted in favor of the bill leaving the Judiciary committee. (bad)
R DE Roth Jr., William V.       1-202-224-2441  1-202-224-2805
D FL Graham, Robert             1-202-224-3041  na
      Undecided; has been contacted by several constituents.
R FL Mack, Connie               1-202-224-5274  1-202-224-8022
      Undecided; receiving calls from constituents
D GA Nunn, Samuel               1-202-224-3521  1-202-224-0072
      Undecided; has been contacted by several constituents.
R GA Coverdell, Paul            1-202-224-3643  na
D HI Akaka, Daniel K.           1-202-224-6361  1-202-224-2126
D HI Inouye, Daniel K.          1-202-224-3934  1-202-224-6747
D IA Harkin, Thomas             1-202-224-3254  1-202-224-7431
*R IA Grassley, Charles E.       1-202-224-3744  na
        Voted in favor of the bill leaving the Judiciary committee. (bad)
R ID Craig, Larry E.            1-202-224-2752  1-202-224-2573
R ID Kempthorne, Dirk           1-202-224-6142  1-202-224-5893
*D IL Moseley-Braun, Carol       1-202-224-2854  na
      Undecided; has been contacted by several constituents.
        Voted in favor of the bill leaving the Judiciary committee. (bad)
*D IL Simon, Paul                1-202-224-2152  1-202-224-0868
      Has decided to vote support the bill (bad)
        Voted in favor of the bill leaving the Judiciary committee. (bad)
R IN Coats, Daniel R.           1-202-224-5623  1-202-224-8964
      Undecided; has been contacted by several constituents.
R IN Lugar, Richard G.          1-202-224-4814  na
      Undecided; has been contacted by several constituents.
R KS Dole, Robert               1-202-224-6521  1-202-224-8952
R KS Kassebaum, Nancy L.        1-202-224-4774  1-202-224-3514
D KY Ford, Wendell H.           1-202-224-4343  na
R KY McConnell, Mitch           1-202-224-2541  1-202-224-2499
D LA Breaux, John B.            1-202-224-4623  na
D LA Johnston, J. Bennett       1-202-224-5824  1-202-224-6717
*D MA Kennedy, Edward M.         1-202-224-4543  1-202-224-2417
        Has stated that he is supporting the bill (bad)
        Voted in favor of the bill leaving the Judiciary committee. (bad)
D MA Kerry, John F.             1-202-224-2742  1-202-224-8525
      Undecided; has been contacted by several constituents.
D MD Mikulski, Barbara A.       1-202-224-4654  1-202-224-8858
      Undecided; has been contacted by several constituents.
D MD Sarbanes, Paul S.          1-202-224-4524  1-202-224-1651
      Undecided; has been contacted by several constituents.
D ME Mitchell, George J.        1-202-224-5344  na
*R ME Cohen, William S.          1-202-224-2523  1-202-224-2693
        Voted in favor of the bill leaving the Judiciary committee. (bad)
D MI Levin, Carl                1-202-224-6221  na
D MI Riegle Jr., Donald         1-202-224-4822  1-202-224-8834
D MN Wellstone, Paul            1-202-224-5641  1-202-224-8438
      Undecided; has been contacted by several constituents.
R MN Durenberger, David         1-202-224-3244  na
      A staffer said that Sen. Durenberger is "leaning in support for
      the bill".  Don't let that happen, call today.
R MO Bond, Christopher S.       1-202-224-5721  1-202-224-8149
R MO Danforth, John C.          1-202-224-6154  na
R MS Cochran, Thad              1-202-224-5054  na
R MS Lott, Trent                1-202-224-6253  1-202-224-2262
D MT Baucus, Max                1-202-224-2651  na
R MT Burns, Conrad R.           1-202-224-2644  1-202-224-8594
R NC Faircloth, D. M.           1-202-224-3154  1-202-224-7406
      Undecided; has been contacted by several constituents
R NC Helms, Jesse               1-202-224-6342  1-202-224-7588
      Undecided; has been contacted by several constituents
D ND Conrad, Kent               1-202-224-2043  na
D ND Dorgan, Byron L.           1-202-225-2611  1-202-225-9436
D NE Exon, J. J.                1-202-224-4224  na
D NE Kerrey, Joseph R.          1-202-224-6551  1-202-224-7645
R NH Gregg, Judd                1-202-224-3324  na
      Undecided; has been contacted by several constituents
R NH Smith, Robert              1-202-224-2841  1-202-224-1353
D NJ Bradley, William           1-202-224-3224  1-202-224-8567
      Undecided; has been contacted by several constituents
D NJ Lautenberg, Frank R.       1-202-224-4744  1-202-224-9707
      Undecided; has been contacted by several constituents
D NM Bingaman, Jeff             1-202-224-5521  na
R NM Domenici, Pete V.          1-202-224-6621  1-202-224-7371
D NV Bryan, Richard H.          1-202-224-6244  na
D NV Reid, Harry                1-202-224-3542  1-202-224-7327
D NY Moynihan, Daniel P.        1-202-224-4451  1-202-224-9293
      Undecided; has been contacted at least twelve constituents
R NY D'Amato, Alfonse M.        1-202-224-6542  1-202-224-5871
      Undecided; has been contacted at least twelve constituents
D OH Glenn, John                1-202-224-3353  na
*D OH Metzenbaum, Howard         1-202-224-2315  1-202-224-6519
      Has chosen to support the bill (bad)
        Voted in favor of the bill leaving the Judiciary committee. (bad)
D OK Boren, David L.            1-202-224-4721  na
R OK Nickles, Donald            1-202-224-5754  1-202-224-6008
R OR Hatfield, Mark O.          1-202-224-3753  na
      Undecided; has been contacted by several constituents
R OR Packwood, Robert           1-202-224-5244  na
      Undecided; has been contacted by several constituents
D PA Wofford, Harris            1-202-224-6324  1-202-224-4161
*PA Specter, Arlen             1-202-224-4254  1-202-224-1893
        Voted in favor of the bill leaving the Judiciary committee. (bad)
D RI Pell, Claiborne            1-202-224-4642  1-202-224-4680
R RI Chafee, John H.            1-202-224-2921  na
D SC Hollings, Ernest F.        1-202-224-6121  na
      Undecided; has been contacted by several constituents
*R SC Thurmond, Strom            1-202-224-5972  1-202-224-1300
      Supporting the FBI's Wiretap Bill.  Make sure he knows how
      unhappy you are about his support for mandated wiretapping
      functionality. (bad)
        Voted in favor of the bill leaving the Judiciary committee. (bad)
D SD Daschle, Thomas A.         1-202-224-2321  1-202-224-2047
*R SD Pressler, Larry            1-202-224-5842  1-202-224-1630
        Voted in favor of the bill leaving the Judiciary committee. (bad)
D TN Mathews, Harlan            1-202-224-1036  1-202-228-3679
      Undecided; has been contacted by several constituents
D TN Sasser, James              1-202-224-3344  na
      Undecided; has been contacted by several constituents
R TX Hutchison, Kay Bailey      1-202-224-5922  1-202-224-0776
      Undecided; has been contacted by several constituents
      Has stated that she is "taking opinions".  Call her to
      sway that opinion.
R TX Gramm, Phil                1-202-224-2934  na
      Undecided; has been contacted by several constituents
R UT Bennett, Robert            1-202-224-5444  1-801-524-5730
      We can verify over one dozen contacts
*R UT Hatch, Orrin G.            1-202-224-5251  1-202-224-6331
        Voted in favor of the bill leaving the Judiciary committee. (bad)
      We can verify over one dozen contacts
D VA Robb, Charles S.           1-202-224-4024  1-202-224-8689
      Undecided; has been contacted by several constituents
R VA Warner, John W.            1-202-224-2023  1-202-224-6295
      Undecided; has been contacted by several constituents
*D VT Leahy, Patrick J.          1-202-224-4242  na
      Leahy is the sponsor of the bill (bad)
        Voted in favor of the bill leaving the Judiciary committee. (bad)
R VT Jeffords, James M.         1-202-224-5141  na
D WA Murray, Patty              1-202-224-2621  1-202-224-0238
      Undecided; has been contacted by several constituents
R WA Gorton, Slade              1-202-224-3441  1-202-224-9393
      Undecided; has been contacted by several constituents
D WI Feingold, Russell          1-202-224-5323  na
      Undecided; has been contacted by several constituents
*D WI Kohl, Herbert H.           1-202-224-5653  na
        Voted in favor of the bill leaving the Judiciary committee. (bad)
D WV Byrd, Robert C.            1-202-224-3954  1-202-224-4025
D WV Rockefeller, John D.       1-202-224-6472  1-202-224-1689
*R WY Simpson, Alan K.           1-202-224-3424  1-202-224-1315
        Voted in favor of the bill leaving the Judiciary committee. (bad)
R WY Wallop, Malcolm            1-202-224-6441  1-202-224-3230

------------------------------------------------------------------------------
-
BRIEF EXPLANATION OF THE BILLS

The FBI's Wiretap bills (also known as the DT - Digital Telephony bills)
mandate that *all* communications carriers must provide wiretap-ready
equipment so that the FBI can more easily implement their court-ordered
wiretaps.  The costs of re-engineering all communications equipment will
be borne by the government, industry and consumers.  It does not cover
information service providers.

The bill is vague and the standards defining "wiretap ready" do not
exist.  Furthermore, the FBI has yet to make a case which demonstrates
that they have been unable to implement a single wiretap.  Although
we as a society have accepted law enforcement's need to perform
wiretaps, it is not reasonable to mandate this functionality as a part
of the design.  In itself, that would be an important debate.  However
without any proof that this is indeed a realistic and present problem,
it is unacceptable and premature to pass this legislation today.

The Voters Telecomm Watch (VTW) does not believe the FBI has made a
compelling case to justify that all Americans give up their privacy.
Furthermore, the VTW does not believe the case has been made to justify
spending 500 million Federal dollars over the next several years to
re-engineer equipment to compromise privacy, interfere with
telecommunications privacy, and fulfill an unproven government need.

There are some privacy protections built into the bill.  Their benefit
does not outweigh the damage that building wiretaps into all communication
does, however.
------------------------------------------------------------------------------
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