and that agency records should be disclosed upon request.  But the Bureau failed to comply with the statutory requirements of the FOIA and frustrated our effort to obtain information that should be disclosed.  Without this information computer users, the public, and the Congress, may be unable to assess whether the Bureau's current activities conform to appropriate procedural safeguards.         Computer crime is a serious problem in the United States.  One auditing firm places the annual loss between $3 billion and $5 billion.  Nonetheless, it is necessary to ensure that new criminal law does not undermine the civil liberties of computer users across the country.  We requested information from the FBI under the FOIA to help assess the adequacy of current safeguards.  The Bureau failed to respond.  The result is that the public is left in the dark at a time when significant legislation is pending.         We would appreciate whatever assistance with this request you might be able to provide.                                                         Sincerely yours,                                                         Marc Rotenberg,                                                         Director                                                         CPSR Washington                                                         Office Enclosure         Chronology of CPSR's FOIA Request regarding         FBI Monitoring of Computer Networks with attachments cc:     Representative Charles Schumer         Representative Wally Herger         FBI FOIA/PA Office            ********************************************                   [Chronology of events]         CPSR FOIA Request FBI Monitoring of Computer Networks CHRONOLOGY         Aug. 18, 1989 CPSR sends FOIA request to FBI seeking agency records regarding the FBI's monitoring of computer networks and computer bulletin boards used by political and advocacy organizations.  The FOIA request seeks information about: %       the FBI's surveillance of computer bulletin boards and networks used by political organizations; %       the FBI's creation of clandestine accounts on computer bulletin boards and networks operated by  political organizations; %       the FBI's creation of secret accounts on public bulletin boards; %       the FBI's procedures regarding the downloading of information contained on a computer bulletin board; %       the FBI's research on the automated review of the contents of information contained on computer bulletin board and networks; and %       the FBI's research on the  automation of the decision to initiate a criminal investigation, based on the contents of a computer communication.   The letter requests a fee waiver based on the public interest standard.  The letter  indicates that CPSR has particular expertise in the evaluation of the civil liberties implications of law enforcement computer systems, having completed an extensive report for the House Judiciary Committee on the proposed expansion of the FBI's computer system, the NCIC.  The letter further states that CPSR would work with the FOIA/PA office to facilitate the processing of the request.         Aug. 31, 1989 FBI response #1.  FBI sends a letter to CPSR acknowledging receipt of the FOIA request and designating the request "FBI's Computer Networks and Bulletin Board Collection," request no. 319512.         Sept. 20, 1989 CPSR speaks with FOIA Officer Keith Gehle regarding status of request.  Mr. Gehle states that he can not send a response "until he receives responses from various agencies."  It is "difficult to go to computing indices."  He says that he expects to have information "in a couple of weeks,"and will have a response "by October 5, at the latest."         Oct. 16, 1990 CPSR Follow-up letter #1.  CPSR confirms conversation with Mr. Gehle regarding  Oct. 5 target date and asks FOIA Officer to call to indicate the status of the FBI's response to the request.         Oct. 26, 1989 CPSR speaks with Mr. Gehle.  He says, "we are working on your request."  "We should have something soon.  Hate to give a specific date, but should have a letter for you within two weeks."         Nov. 22, 1989 CPSR follow-up letter #2.  CPSR writes to Mr. Gehle, notes that Mr. Gehle said he was working on the request, and the that response should have been sent by Nov. 9.  CPSR requests that FOIA officer call CPSR by Dec. 1 to indicate the status of the request.         Dec. 22, 1989 FBI response #2.  FBI sends letter, acknowledging receipt of Oct. 16 and Nov. 22 letters.  The letter states that "[i]nformation which may be responsive to your request has been located and will be assigned for processing soon." The letter indicates that the FOIA/PA office receives a large number of requests and that delays are likely.         Jan. 9 , 1990 CPSR follow-up letter #3.  CPSR writes to Mr. Moschella, chief of the FOIA/PA office at the FBI, acknowledges Dec. 22 letter and location of responsive information.  Requests that records be sent by Feb 18, 1990.         Jan. 19, 1990 FBI response #3.  FBI sends letter stating that the Bureau has allocated many agents to FOIA processing, that a large number of requests are received.  The letter further states that "a delay of several months or more may be anticipated before your request is handled in turn."         Feb. 2, 1990 CPSR follow-up letter #4.  CPSR writes to Mr. Moschella, acknowledges Jan. 19, expresses concern about delay.  Letter notes that CPSR was assured by a FOIA officer in the fall that "request would be answered within 'a couple of weeks.'"         Feb. 15, 1990 CPSR receives call from Mr. Boutwell.  According to Mr. Boutwell, FBI can't say when request will be processed. "Haven't even started.  Backlogs and lay- offs during past year . . ."  CPSR: FOIA Officer indicated information had been located. FBI: Too optimistic. "Request not yet assigned to an analyst . . .   working now on 1988 requests . . . Litigation is taking up time . . .  analyst is taking time away from document review for  litigation . . .  increased requests, fewer personnel, lots of other factors. Would expedite for life and death or due process, pursuant to agency regulations." CPSR: so when do we receive a response?  FBI: "Can't say."=============================================================================  Sun Devil gives birth to the Electronic Frontier FoundationTHE ELECTRONIC FRONTIER FOUNDATIONOne Cambridge Center, Suite 300Cambridge, MA       02142617/577-1385617/225-2347 faxeff@well.sf.ca.usFOR IMMEDIATE RELEASEContact: Cathy Cook (415) 759-5578NEW FOUNDATION ESTABLISHED TO ENCOURAGE COMPUTER-BASEDCOMMUNICATIONS POLICIESWashington, D.C., July 10, 1990 -- Mitchell D. Kapor, founder of LotusDevelopment Corporation and ON Technology, today announced that he,along with colleague John Perry Barlow, has established a foundation toaddress social and legal issues arising from the impact on society ofthe increasingly pervasive use of computers as a means of communicationand information distribution.  The Electronic Frontier Foundation (EFF)will support and engage in public education on current and futuredevelopments in computer-based and telecommunications media.  Inaddition, it will support litigation in the public interest to preserve,protect and extend First Amendment rights within the realm of computingand telecommunications technology.Initial funding for the Foundation comes from private contributions byKapor and Steve Wozniak, co-founder of Apple Computer, Inc.  TheFoundation expects to actively raise contributions from a wideconstituency.As an initial step to foster public education on these issues, theFoundation today awarded a grant to the Palo Alto, California-basedpublic advocacy group Computer Professionals for Social Responsibility(CPSR).  The grant will be used by CPSR to expand the scope of itson-going Computing and Civil Liberties Project (see attached).Because its mission is to not only increase public awareness about civilliberties issues arising in the area of computer-based communications,but also to support litigation in the public interest, the  Foundationhas recently intervened on behalf of two legal cases. The first case concerns Steve Jackson, an Austin-based game manufacturerwho was the target of the Secret Service's Operation Sun Devil.  The EFFhas pressed for a full disclosure by the government regarding theseizure of his company's computer equipment.  In the second action, theFoundation intends to seek amicus curiae  (friend of the court) statusin the government's case against Craig Neidorf, a 20-year-old Universityof Missouri student who is the editor of the electronic newsletterPhrack World News (see attached)."It is becoming increasingly obvious that the rate of technologyadvancement in communications is far outpacing the establishment ofappropriate cultural, legal and political frameworks to handle theissues that are arising," said Kapor. "And the Steve Jackson and Neidorfcases dramatically point to the timeliness of the Foundation's mission.We intend to be instrumental in helping shape a new framework thatembraces these powerful new technologies for the public good."The use of new digital media -- in the form of on-line information andinteractive conferencing services, computer networks and electronicbulletin boards -- is becoming widespread in businesses and homes.However, the electronic society created by these new forms of digitalcommunications does not fit neatly into existing, conventional legal andsocial structures.The question of how electronic communications should be accorded thesame political freedoms as newspapers, books, journals and other modesof discourse is currently the subject of discussion among this country'slawmakers and members of the computer industry.  The EFF will take anactive role in these discussions through its continued funding ofvarious educational projects and forums.An important facet of the Foundation's mission is to help both thepublic and policy-makers see and understand the opportunities as well asthe challenges posed by developments in computing andtelecommunications.  Also, the EFF will encourage and support thedevelopment of new software to enable non-technical users to more easilyuse their computers to access the growing number of digitalcommunications services available.The Foundation is located in Cambridge, Mass.  Requests for informationshould be sent to Electronic Frontier Foundation, One Cambridge Center,Suite 300, Cambridge, MA 02142, 617/577-1385, fax 617/225-2347; or itcan be reached at the Internet mail address eff@well.sf.ca.us.       ======================================================ELECTRONIC FRONTIER FOUNDATIONMISSION STATEMENT A new world is arising in the vast web of digital, electronic mediawhich connect us.  Computer-based communication media like electronicmail and computer conferencing are becoming the basis of new forms ofcommunity.  These communities without a single, fixed geographical