netizen's --> Lambda Bulletin 2.09 <-- contents -->> www.freenix.fr/netizen + Censoring Censorship Attempts French Telco Act's Internet control sections may be unconstitutional. + Encryption : The OECD fails to act on key-escrow policy * * * * * * * * CENSORING CENSORSHIP ATTEMPTS -- A LA FRANCAISE The French Telco Act, which was voted by the Parliament on June 7, may follow the same path than the US Communications Decency Act. A group of Socialists Senators has sent a request to examine eventual unconstitutionality of the law. The new Act, due to meet new criteria for telecoms competition in France, has also taken some steps to create an administrative control of speech and services via online services and the Internet. The new council, le Conseil Supérieur de la Télématique, "could block the free communication of thoughts and opinions, and may eventually establish a principle of preliminary declaration" for online speech, reads the document given to the Conseil Constitutionnel, the supreme watchdog of the French 1958 Constitution (and the principles of the 1789 Declaration des Droits de l'Homme et du Citoyen). Indeed, the law may breach article 34 of the Constitution which says that the Parliament alone could indict rules concerning "the basic garanties given to citizens for the exercice of their civil liberties". But the newly created CST may appreciate if a Web site or a newgroup could be illicite according to the French Penal Code. This "appreciation" is not sufficiently well defined in the Telco Act, constitutionnal jurists said. Article 66 of the Constitution also states that the appreciation of the Penal Code should be the role of the penal judiciary (le Juge Penal), but shouldn't depend on any administrative body or any administrative judge (Juge Administratif). But other voices said that the existing Conseil Supérieur de l'Audiovisuel (which regulates broadcasting content) is based on the same principles. Then, the Conseil Constitutionnel will have to make a difference between a TV program and a Usenet feed. That's what the Philadelphia Court acted when they censored the CDA. Final decision awaited in Paris before the end of July (July 26th in theory). * * * * * * * * OECD FAILS TO ACT ON KEY-ESCROW ENCRYPTION; THE US ACCUSED OF "POLICY LAUNDERING" The Paris-based OECD, the 24-members club of industrialised nations, has failed to take a step towards international recongnition of key-escrow encryption. The meeting of June 26-28 in Paris, scheduled to take a firm decision about the possibility of law enforcement agencies to read electronic mail of private individuals and corporations, didn't succeed to act on a compromise. The OECD's general secretary has no special power to draw regulations and must find a common policy on the matter. Sources said the OECD has been set apart between "the key escrow group" -- mainly USA, France and Britain -- and the "laxist" group -- mainly Japan and Europe's Scandinavian countries like Sweden, Denmark and Finland (Germany was still uncertain). A press release of the OECD says that no final decisions were made. There will be no other comment of the case. "The OECD experts grappled with achieving a balance between respect of national sovereignty and developing an international approach. This dialogue will be continued at a third meeting of the group, scheduled to take place on 26-27 September, in Paris. An OECD spokeswoman said the organisation asked independant experts from the Electronic Privacy Information Center (Washington, DC) to participate in preliminary meetings. The EPIC prefers not to make any comment until the next meeting in September. Sources said the US were willing to "use" the OECD as a "policy laundering" machine : to pressure the organisation in order to have the key escrow policy approved by the 24 countries. US intelligence officials would have been using it as a political weapon at home, where Congress, public-interests groups and industry pressure groups are on the verge to act against any key-escrow policy. * * * * * * * * **LAMBDA SPECIALS -- WEB ONLY!!! - see www.freenix.fr/netizen** Forget the Internet. Here are some subversive archives. Unfortunatly, mainly in French. -->> Coca-Cola's weird business strategy during WW2. (You won't heard this story during 1996 Olympics). Based on a book published in 1993, "For God, Country and Coca-Cola, by Mark Pendergrast (Scribner's Sons Publishing, New York). From the Berlin Olympics to 1945, Coca-Cola builded a strong presence in Germany while sitting besides GI's in the Us War effort. Check interesting pictures taken from the book:

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www.freenix.fr/netizen/special/coca-colabo.html -->> Special Psychedelics French stories about the renewal of medical psychedelic research. And a letter from Tim Leary, psyche pope of the 60's, published in English. www.freenix.fr/netizen/special/tl-letter.html

* * * * * * * * Jerome Thorel =-= Journaliste/Free-lance Reporter =-= Paris, France =+= the lambda bulletin --> http://www.freenix.fr/netizen =+=