Testimony of Scott Bradner, Internet Engineering Task Force

March 21, 1996

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     1                    JUDGE DALZELL:  Okay, fine, that's very helpful. 

     2           Thank you.

     3                    Okay, do you want to -- it's Mr. Bradner, is it?

     4                    MR. MORRIS:  Yes, your Honor, my name is John

     5           Morris, co-counsel for the ALA plaintiffs and plaintiffs call

     6           as their first witness Scott O. Bradner.

     7                    MR. KMETZ:  Your Honor, Mr. Jason Baron will be

     8           handling the cross-examination.

     9                    JUDGE SLOVITER:  And it's our understanding that

    10           there will be only one lawyer per witness.

    11                    MR. KMETZ:  That would be our understanding as well.

    12                    MR. MORRIS:  That's certainly our understanding.  If

    13           the Court would indulge at the conclusion of any redirect we

    14           might have, I will confer just momentarily among ourselves to

    15           make sure that we're all on the same page.

    16                    JUDGE SLOVITER:  We don't mind your conferring as

    17           long as you don't mind our conferring --

    18                    (Laughter.)

    19                    JUDGE SLOVITER:  -- because a three-judge court is

    20           something new for all of us, three-judge District Court.

    21                    THE COURT CLERK:  Sir, will you state and spell your

    22           full name for the record?

    23                    THE WITNESS:  Scott Bradner, S-c-o-t-t 

    24           B-r-a-d-n-e-r.

    25                    THE COURT CLERK:  Will you place your left hand on

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     1           the Bible and raise your right hand?

     2                    SCOTT BRADNER, Plaintiffs' Witness, Affirmed.

     3                    MR. MORRIS:  And at this point the plaintiffs would

     4           move into admission the evidence of the previously filed

     5           declaration of Mr. Bradner as sworn to on the 19th of this

     6           month as his trial testimony.

     7                    And Mr. Bradner is available for examination by the

     8           Government and certainly any questions the Court may have,

     9           I'm sure he'd be happy to respond to.

    10                    JUDGE SLOVITER:  Thank you.  Is there any objection

    11           to-- 

    12                    MR. BARON:  No objection, your Honor.

    13                    JUDGE SLOVITER:  -- accepting that as evidence,

    14           fine.  Proceed.

    15                    MR. BARON:  Good morning, your Honors.

    16                    JUDGE SLOVITER:  Good morning.

    17                    JUDGE DALZELL:  Good morning.

    18                    JUDGE BUCKWALTER:  Good morning.

    19                                 CROSS-EXAMINATION

    20           BY MR. BARON:  

    21           Q   Good morning, Mr. Bradner.  You state in your decla--

    22                    JUDGE SLOVITER:  Excuse me.  In the Court of Appeals

    23           we always identify ourselves, we ask the counsel to identify

    24           themselves for the record.  Maybe that would be a good idea.

    25                    MR. BARON:  My apologies, your Honor.

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     1                    JUDGE SLOVITER:  That's all right.

     2                    MR. BARON:  I'm Jason R. Baron, B-a-r-o-n, counsel

     3           to the U.S. Department of Justice.

     4                    JUDGE SLOVITER:  Thank you.

     5                    MR. BARON:  Thank you, your Honor.

     6           BY MR. BARON:  

     7           Q   Mr. Bradner, you state in your declaration that you are

     8           co-area director of something called the IETF.  Could you, in

     9           a nutshell, tell us what the IETF is and what does it do?

    10           A   The Internet Engineering Task Force is a self-organizing

    11           group which developed out of some U.S. Federal Government

    12           networking initiatives many years ago and it is the group

    13           which now is primarily responsible for developing standards

    14           for use in the Internet protocol which is the basis upon

    15           which the Internet runs.

    16           Q   The IETF has been in existence for about ten years,

    17           correct?

    18           A   That is correct.  I'd be clear that it predates my

    19           involvement so I'm taking that from what others have said.

    20           Q   Okay.  Would it be fair to say that the IETF defines

    21           standards for the Internet Protocol suite?

    22           A   That is -- yes, it would be fair to say that.

    23           Q   Could you explain for the Court what is the Internet

    24           Protocol, otherwise known as IP?

    25           A   The Internet itself consists of many networks connected

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     1           together by other networks.  The Internet Protocol is that

     2           part of the protocol suite, that part of the language which

     3           is used on the network which allows a piece of information

     4           called a packet on one network to find its way to identify a

     5           separate network and find its way to that separate network. 

     6           So the IP is the Internet Protocol that allows movement of

     7           data between networks.

     8           Q   Different protocols make up IP suite, correct?

     9           A   That is correct.

    10           Q   Can you name a few for the Court?

    11           A   Well, the underlying protocol is the Internet Protocol or

    12           IP.  Riding on top of that are protocols such as TCP, the

    13           Transmission Control Protocol, UDP, the Unreliable Datagram

    14           Protocol, ICMP, the Internet Control Message Protocol. 

    15           Riding on top of TCP are protocols such as Telnet on the

    16           World Wide Web, HTTP Protocols.  It's a layer cake of various

    17           different concoctions.

    18           Q   Well, we'll get into some of those in a few minutes.  Who

    19           comprises the IETF?

    20           A   As I said, the IETF is a self-organized group, we have

    21           meetings three times a year.  The membership is those who

    22           attend the meetings and those who are on the mailing lists. 

    23           There are some 80 or so working groups, each of the working

    24           groups maintains a mailing list and anybody who joins any of

    25           those mailing lists is de facto part of the IETF. 

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     1                    There is an organizational structure within the IETF

     2           which divides the working groups up into areas and then the

     3           area, each area is managed by one or more, one or two area

     4           directors.

     5           Q   We're going to get into that as well.  People doing the,

     6           quote, "standards work," unquote, on the IETF, are they

     7           normally paid by corporations and businesses?

     8           A   Or they are paid by corporations or businesses or

     9           universities or their private consultants.

    10           Q   Okay.  Could you explain to the Court what an RFC is?

    11           A   RFC came from the original process of asking for

    12           comments, it stood for request for comments, asking for

    13           comments on thoughts on how to do some proposal.  It is

    14           progressed past that point now and RFC stands for RFC.  It no

    15           longer is a vehicle for comments.  There is a new vehicle for

    16           the comments which are called Internet drafts and they pre--

    17           precede RFC's, but RFC's are the basic standardization

    18           document series for the IETF.

    19           Q   RFC's exist that define a standards process for the

    20           Internet, correct?

    21           A   There are a series of RFC's which have progressively

    22           defined the standards process.

    23           Q   And some of the RFC's establishing a standards process

    24           for the Internet are well established, correct?

    25           A   There is -- the original standards process was defined in

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     1           RFC-1310, that has been superseded by RFC-1602 which has been

     2           in effect for a few years, I don't remember exactly what. 

     3           And within one of the working groups within the IETF is

     4           called the Poise Working Group -- and don't ask me what that

     5           stands for cause I don't know -- and that is in the process

     6           of refining a third revision of the standards process.  It's

     7           now known as 1602 BIS because it has not gotten its own RFC

     8           number yet.  That should happen within a few weeks.

     9           Q   You're editing at least one RFC at the present time

    10           having to do with Internet standards, correct?

    11           A   I am editing two of them; co-editing one and editing

    12           another one.

    13           Q   Now, you mentioned an area within IETF, what is an area

    14           within the IETF?

    15           A   An area is a grouping of working groups, normally trying

    16           to make the -- it's normally tried to be done in a way which

    17           is logical so that the working groups which are working on

    18           security-related matters are grouped in the security area. 

    19           Working groups that are working on network management related

    20           efforts are in the network management area.

    21           Q   Would it be fair to say that the area of operational

    22           requirements that you are co-area director of has to do with

    23           developing standards for the next generation of software for

    24           the Internet?

    25           A   No, it would not be.  The operational requirements area

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     1           is a little bit of a confusion point on the IETF in that one

     2           of the things that we feel we must have is some kind of

     3           feedback from the operation of a protocol to the protocol

     4           developers and the operational requirements area does two

     5           things: one, tries to make sure that when standards are

     6           developed they can be done so, the resultant standards can

     7           actually be operated in the real world rather than just in

     8           the theoretical world.  And then, second of all, if indeed

     9           when these standards are deployed that there is any lessons

    10           to be learned which should go back to the standards

    11           developers that they are fed back.

    12                    I think what you may be referring to is the ad hoc

    13           or the temporary IP Next Generation or IPNG area which is,

    14           was working on and is currently working on extending for the

    15           new generation of the IP protocol itself.

    16           Q   Well, you have also been the co-area director of the IP

    17           Next Generation area, correct?

    18           A   That's correct.

    19           Q   It sounds a little bit like Star Trek; what does that

    20           area consist of?

    21           A   It was purposely it sounds a little like Star Trek,

    22           actually.

    23                    (Laughter.)

    24           A   It consists of the -- Allison Menkin and I were asked by

    25           the -- by Phil Gross, the chair of the IETF, to put together

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     1           a temporary area to -- to group together all of the

     2           activities involved, all of the proposals for a successor

     3           protocol to IP to deal with scaling issues and the like and

     4           to resolve the question of what should be "The Proposal" out

     5           of the IETF-4 and IP Next Generation.  There were a number of

     6           proposals on the books when we were assigned the task of

     7           forming this temporary area, we have made a recommendation on

     8           what the next generation should be, that recommendation has

     9           been accepted and the area right now is closing down because

    10           it's very close to have finished publishing the initial set

    11           of RFC's, the initial set of standards for IP Next

    12           Generation.

    13           Q   Would it be fair to say, to summarize what you've just

    14           said, that the IP Next Generation group is working on a new

    15           generation of the IP Protocol itself?

    16           A   That is correct.

    17           Q   Does it have -- does the IP Next Generation group have

    18           recommendations regarding a specific architecture of the

    19           packet traffic on the Internet, including the format of the

    20           packet?

    21           A   It has a recommendation on the format of the packet

    22           itself that's actually the basic recommendation is the format

    23           of the packet traffic itself.  You used the word

    24           "architecture" in your question and that's potentially

    25           confusing because architecture could mean the way the

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     1           networks are put together, it could mean the concept of how

     2           the packets are flowed through the network, it could mean a

     3           number of different things, so I would prefer to say that

     4           we've defined the packet format itself and we have looked at

     5           architecture in various areas but not come to a specific

     6           recommendation on architecture.

     7                    JUDGE DALZELL:  Sir, when you -- excuse me.  When

     8           you use the word "architecture" and it's in all -- a number

     9           of the declarations, there's no -- that's not a term of art

    10           that means one thing in this area?

    11                    THE WITNESS:  It means -- it means one thing for

    12           each of the areas that it's in.  And it's as a security

    13           architecture which ties together a unified view of how one

    14           should do security.

    15                    There is a routing architecture which ties together

    16           a unified view of how one should do routing which is the

    17           keeping track of where networks are.  So there are a number

    18           of architectures depending on what particular topic we're on. 

    19           There isn't an overall architecture because at the moment

    20           it's too complex a network with too many functions going on. 

    21           You have to look at the individual functions and do an

    22           architecture on those.

    23                    We have done some work in that area, there is an

    24           architecture for security, an IP Next Generation Security

    25           which is now the general IP Security architecture and we have

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     1           looked at architecture in other areas, but it's difficult to

     2           do to unify all of the thoughts together.

     3                    One of our recommendations in the -- in our

     4           recommendation for IP Next Generation was to appoint an

     5           individual to be an architect for IP Next Generation. 

     6           Unfortunately, there aren't many people who could do that

     7           task and fewer of them with enough time to do it.  So we in

     8           the -- as Allison and I have acted as architects to make sure

     9           that there's a consistent view of what IPNG, IP Next

    10           Generation looks like across the various activities creating

    11           protocols for it, the TCP Next Generation, the ICNP Next

    12           Generation, the routing, security, all of these different

    13           working groups working on different aspects of it, we're

    14           trying to keep their view of what IP Next Generation looks

    15           like as consistent.

    16                    So we in that context are acting as architects, but

    17           it's architects is one of those words which depends on the

    18           beholder.

    19                    JUDGE DALZELL:  Depends on?

    20                    THE WITNESS:  On the beholder.

    21                    JUDGE DALZELL:  Okay.  But you consider yourself

    22           one?

    23                    THE WITNESS:  In a real sense, no, I do not. 

    24           Architects tend to be more visionary than I tend to be in

    25           this environment, intend to be more on intuitive feeling of

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     1           how the incredibly complicated world of the networking fits

     2           together and what the implications are of making a change

     3           some place. 

     4                    I think that I can understand architecture, but I

     5           would not go so far as to say that I am an architect in the

     6           context of, for example, Dave Clark of MIT, Dr. Dave Clark,

     7           who is -- who was the original IP architect and the one who--

     8           and the person that unfortunately didn't have enough time to

     9           be the IP Next Generation architect.

    10                    JUDGE DALZELL:  But, for example, in the stipulation

    11           and we hear a lot about the packet switching, for example. 

    12           Now, would that be like, to continue the metaphor, a brick

    13           that is commonly used in all forms of architecture?

    14                    THE WITNESS:  It's -- maybe it's more of a fact of

    15           life of the forms of architecture, but --

    16                    JUDGE DALZELL:  Because that's unchanging, the

    17           packet switching concept, that's not going to change?

    18                    THE WITNESS:  One of the areas that we specifically

    19           addressed in working on IP Next Generation was what are the

    20           paradigms which we want to follow in IP Next Generation and

    21           one of them was we wanted to preserve what is called the

    22           Datagram mode which is the packet mode.

    23                    The alternative to that is circuit switching like a

    24           telephone where you do a call setup, you do initialization

    25           and all of the traffic flows down a particular path.

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     1                    The original IP that designed when it was originally

     2           designed was designed to deal with adverse events.  The

     3           colloquial story is it was designed to deal with atomic war

     4           which is an adverse event.  And --

     5                    JUDGE DALZELL:  I think we can agree on that.

     6                    (Laughter.)

     7                    THE WITNESS:  And so the ability for IP to survive

     8           that kind of environment, the kind of hostile environment we

     9           felt was very important to maintain, Datagram mode means that

    10           the individual units of the data that move over the network

    11           which are packets have full identify-- source identifiers and

    12           destination identifiers in each packet and are separately

    13           routed, separately handled by the computers which comprise

    14           the network, therefore being resilient to individual failure.

    15                    JUDGE DALZELL:  And that is -- but that is not

    16           subject to change right now, that's not in the NG, the IPNG?

    17                    THE WITNESS:  We specifically, specifically chose to

    18           require the support for Datagram mode in IPNG.

    19                    JUDGE DALZELL:  Thank you.  Sorry to interrupt.

    20           BY MR. BARON:  

    21           Q   Mr. Bradner, are all IETF documents public?

    22           A   It is a -- it is a matter of pride and honor in the IETF

    23           that all documents are public documents available for free

    24           over the net.  We used the paradigm to develop the paradigm.

    25           Q   And that includes all RFC drafts or proposals for

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     1           standards, right?

     2           A   That is correct, they are called Internet Drafts and they

     3           are publicly available.

     4           Q   And they're put up on web sites and are available to the

     5           world at large, correct?

     6           A   That is correct.

     7           Q   Can we pause here and define what a URL is for the Court?

     8           A   URL is a term which means Uniform Resource Locator, a

     9           pointer.  It's the best -- the best way to identi-- to

    10           consider it is it's sort of like a combination of all of the

    11           things you might have in a phone directory listing,

    12           somebody's name and address, and it is where something is on

    13           the Net, not relative to you but in an absolute sense.

    14                    You don't go three buildings over to the left and

    15           two stores down, it is here is the absolute location of

    16           something ir-- independent of where you happen to be sitting

    17           in the network.

    18           Q   For the IETF itself, am I correct that the URL is

    19           something known as HTTP://WWW.EFF.ORG?

    20           A   That is incorrect.

    21           Q   Oh.

    22           A   Now, I'm sure that --

    23           Q   Please correct me.

    24           A   -- you -- you meant that to be incorrect.

    25           Q   Oh, I see, yes, no, I'm sorry, I -- I did not have the

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     1           right URL.  Why don't you give the right URL?

     2           A   HTTT -- HTTP://WWW.IETF.ORD.

     3                    MR. BARON:  Yes, your Honors, I think I've been

     4           reading the EFF site on the Web too much.

     5           BY MR. BARON:  

     6           Q   Okay.  Could you explain what these domains in that URL

     7           represent for the IETF URL?

     8           A   The -- the part which is relative to the IETF is the

     9           WWW.IETF.ORD.  The part which precedes that, HTTP, is the

    10           protocol, the function in which one should retrieve, should

    11           access this site.  Different options there are, for example,

    12           FTP for File Transfer Protocol or Gofer, are different kinds

    13           of concepts, different kinds of application programs to use

    14           to access this site.

    15                    In this particular case where you can access that

    16           particular site with FTP with anonymous FTP or with the Web,

    17           WWW, the URL you specified is one which is using the Web to

    18           access this site.

    19           Q   What's the difference between the current IP Version Four

    20           and the Next Generation Version Six of the protocol?

    21           A   How much detail would you like that answer in?

    22           Q   Oh, just -- just sort of a summary for the Court.

    23           A   The reason to undertake the effort, and it was some

    24           significant effort to develop a new generation for IP

    25           revolved around three basic issues:

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     1                    The first issue was that the IP address itself which

     2           is the field, I mentioned in the packets themselves there is

     3           this source identifier and a destination identifier, a source

     4           address and a destination address.  In IP Version Four which

     5           is the current version, those fields are 32 bits long, each

     6           of which could in theory identify four billion individual

     7           posts or computers on the Network, but because of address

     8           assignment inefficiency we're beginning to run out of those

     9           and we're beginning to run out at a rate which caused a great

    10           deal of consternation, particularly in the press back in the

    11           early 90's, '92 and '93, that investment in IP was probably

    12           not a good idea because we were running out of addresses. 

    13           It's like going to the phone company and saying I'd like a

    14           phone and they say they don't have a number.

    15                    So the first thing was to try and fix the problem of

    16           running out of addresses.  The second thing was to try and

    17           fix the problem of that there was too much routing

    18           information, this is the information within the computers

    19           that tie the Internet together, they're called routers,

    20           they're special purpose computers.  And in each one of those

    21           computers in the backbone, in the more central locations

    22           within the network must keep track of where every network in

    23           the world is, every -- the network which is the one which

    24           connects this computer here has to be kept track of by those

    25           computers and the routers in the backbone.

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     1                    The size of the routing table, the size of that

     2           information was growing faster than memory technology,

     3           doubling every nine to ten months and memory technology was

     4           doubling every 11 to 24 months and in the long run those two

     5           lines will never intersect.  And so we had to do something.

     6                    JUDGE DALZELL:  Excuse me, it's doubling every nine

     7           to twelve months?

     8                    THE WITNESS:  In nine --

     9                    JUDGE DALZELL:  It's doubling every nine to --

    10                    THE WITNESS:  The size of the Internet, yes.

    11                    JUDGE DALZELL:  Nine to twelve months?

    12                    THE WITNESS:  Yes.  It's been tending towards the

    13           nine month area of doubling.

    14                    And then the third area was want to be able to deal

    15           with improving some aspects of the current Internet, security

    16           aspects, real time or flow control or quality of service

    17           metrics and things like that, so those were the three areas

    18           which we were focusing on.

    19                    In the first area the IP Version Four address, as I

    20           said, is 32 bits long.  The IP Version Six which is what IP

    21           Next Generation is, is 128 bits long.  Now, that's four times

    22           the number of bits, but that's actually four billion times

    23           four billion times four billion times the number of hosts. 

    24           That turns out to be a very large number, yet somebody

    25           estimated that even under the absolute worst efficiency, the

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     1           least efficient method of allocating them it still works out

     2           to 1500 computers per square meter of the earth's surface,

     3           including the oceans.

     4                    (Laughter.)

     5                    THE WITNESS:  We think that we have -- we think that

     6           we have aimed for the future in the expandability of this.

     7                    (Laughter.)

     8           BY MR. BARON:  

     9           Q   Sounds like a pervasive number of bits.

    10           A   Okay.  The second, the second area was dealing with the

    11           routing table space and we've made the addresses aggregatable

    12           so that instead of having to articulate and list every

    13           individual network, you can list a group of networks together

    14           as one entry and this allows us to summarize the information

    15           so that we don't have as many entries.

    16                    And then the third one, which was the other aspects,

    17           we've identified some strong security mechanisms and we have

    18           a field in the packet header which will allow future use for

    19           flow control, quality of service and metrics of that type.

    20                    JUDGE SLOVITER:  Could I ask a lay question, very

    21           basic?  If you go to this four times as many bits is it going

    22           to increase four times everybody's address?

    23                    THE WITNESS:  The -- that's a very good question and

    24           actually that's something that a lot of people get confused. 

    25           There are two ways that you look at addresses on the

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     1           Internet.  One is that bit pattern, currently the 32 bits, so

     2           the address of the computer sitting on my desk at Harvard is

     3           128.103.65.15.  Now, I don't expect you to remember that, I'm

     4           surprised that I do most of the time.

     5                    JUDGE SLOVITER:  And I don't intend to write to you

     6           that way cause I wouldn't know how.

     7                    (Laughter.)

     8                    THE WITNESS:  Thank you.  It's now in the record so

     9           you could look it up, but that's not the way that you should

    10           know about my computer.  You should know about my computer by

    11           using its what is called domain name, which is a people

    12           friendly name, and that name is NEWDEV, as in the New

    13           Development Machine, dot Harvard dot EDU.  As long as you're

    14           using that what is called the domain name, the size of the

    15           actual address, the number of bits in the address is not

    16           reflected back to something that the user has to deal with. 

    17           I would not want to try to remember the 128 bit version of

    18           what my -- my computer's address is, but the domain name,

    19           NEWDEV.Harvard.EDU will remain the same.

    20                    JUDGE SLOVITER:  Thank you.

    21                    Sorry.

    22           BY MR. BARON:  

    23           Q   Mr. Bradner, you also said on something called the IESG,

    24           the Internet Engineering Steering Group, correct?

    25           A   That is correct.

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     1           Q   You've -- this is the Standards Approval Board of the

     2           IETF, correct?

     3           A   That is correct.

     4           Q   Take us through, very briefly, if you would, the

     5           standards track in terms of the three stages of standards,

     6           proposed, draft and full?

     7           A   Actually, I would like to start a little bit before that. 

     8           All documents which are going to be proposed for

     9           consideration for standardization within the IETF must first

    10           appear as one of the Internet drafts that you mentioned

    11           earlier that are publicly available ideas.  And so somebody

    12           who wishes to, somebody or some working group or some group

    13           of individuals who wish to make a standard or have a document

    14           considered to be a -- for standardization creates a Internet

    15           draft.  Usually that is the product of a working group or is

    16           that, you know, a working group is formed to look at that

    17           proposal, but not always.

    18                    After working group consideration, the working group

    19           chair would propose to the area director within the area that

    20           this document be considered by the IESG for the standards

    21           process, for the standards track.

    22                    The first step, the IESG then reviews that and does

    23           an internal vote and approves or does not approve of the

    24           document based on its technical quality, its clarity and all

    25           of the other things that one should consider when approving a

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     1           standard. 

     2                    The first step in the standards process is, as you

     3           mentioned, the proposed standard status.  A proposed standard

     4           is a document which is felt to be useful, i.e. has a

     5           constituency usually within a working group and within the

     6           IETF itself, and that constituency believes that this is of

     7           value to the community and that it has no known errors, no

     8           known flaws.  If something is discovered in the process of

     9           evaluation by the IESG or the working group which is a flaw,

    10           then it should be returned to the working group and reworked.

    11                    Six months after a document has been approved as a

    12           proposed standard it can then be considered for being a draft

    13           standard.  To achieve draft standard status, a document, a

    14           specification must have multiple interoperable

    15           implementations, you know, it's got to be proven to work, and

    16           it's got to -- all of the individual aspects of it have to be

    17           proven to work, all of the individual functions have to have

    18           been shown to be implemented and interoperable.

    19                    This is unlike some other standards bodies which

    20           just say this is a good idea and it's a better idea now than

    21           it used to be because we've thought about it longer.

    22                    JUDGE SLOVITER:  Could you give us an example? 

    23           Bring us down to earth, give us an example of a standard like

    24           a proposed standard.  What are we talking about?

    25                    THE WITNESS:  A proposed standard, for example --

                                                                            27



     1                    JUDGE SLOVITER:  Yes.

     2                    THE WITNESS:  -- an example of one is in the IE --

     3           in the Inter-- in the IET -- IP Next Generation there is a

     4           proposed standard which is the basic packet format and how

     5           that packet is handled by routers as it goes through the

     6           network.  It defines the fields in the packet, the 128-bit

     7           addresses, what routers do when they encounter this packet,

     8           how they process it, all of that kind of aspect, all of those

     9           aspects surrounding defining a packet of IP Version Six IP

    10           Next Generation and how to move it through the network are

    11           part of a proposed standard.

    12                    Another proposed standard would be -- well, a full

    13           standard is Telnet which is a, Telnet is the remote access

    14           protocol where you -- I can sit at this machine here and log

    15           into as if I were local to my computer sitting back on my

    16           desk at Harvard and that's a standard.

    17                    So a proposed standard is: we think this is a good

    18           idea, we don't see any problems with it; draft standard is

    19           people have implemented it and it works and we don't see any

    20           problems with it still and more than one is implemented and

    21           they interoperate.  And then four months after a document has

    22           been approved as a proposed standard, it can then be

    23           considered for full standard and full standard has to have

    24           the same implementation rules but it also has to be proven

                                                                            28

     1           that people want to use it so that there is significant

     2           deployment.  So we don't make something a full standard

     3           unless people are going to use it.

     4           BY MR. BARON:  

     5           Q   It is true, is it not, that apart from the IETF and the

     6           IESG, that there are other standards for the Internet that

     7           come from submissions by outside individuals or groups,

     8           correct?

     9           A   There are, there are a number of bodies who make

    10           specifications, most of them call them specifications for

    11           some minutiae of legal ease that I don't quite understand,

    12           rather than standards.  A number of --

    13                    JUDGE SLOVITER:  Now you know how people feel if

    14           they don't quite understand when somebody says something.  Go

    15           ahead.

    16                    (Laughter.)

    17                    THE WITNESS:  I fully do understand, actually.  I am

    18           a fish out of water here, so...

    19                    There are many bodies who purport to make standards

    20           or specifications that are for use on the Internet.  The IETF

    21           is the longest established of these and the one which has the

    22           most international flavor and the one which is the, well, I

    23           think anyway, since I'm a member of it, has the most

    24           credibility as an open forum for development of standards. 

    25           We allow literally anybody who wants to participate.

                                                                            29

     1                    Many of the other groups have a membership mechanism

     2           where somebody purchases a membership or pays a membership

     3           fee and at the access to the standards either during

     4           development or when they're done are restricted, you have to

     5           pay for them.  But there are a dozen or more different groups

     6           developing specifications for protocols to be used over the

     7           Internet, those groups are open, large consortia such as the

     8           W3C, the World Wide Web Consortium, or very focused ones such

     9           as the Master Card and Visa just announced a payments

    10           protocol to encrypt credit cards over the Net, and that is a

    11           small consortium and they have come up with a standard.

    12                    And so there's a wide range of standards.  Things in

    13           the Internet as in things in real life are standards only in

    14           the extent that people actually use what you've done.  We can

    15           create something we say is a standard and if nobody uses it,

    16           well, we're whistling in the wind but it's not really a

    17           standard unless people use it.

    18                    So the Web itself is something which did not develop

    19           out of the IETF standards process, it developed out of

    20           scientists wanting to avail the technology for use in over

    21           the Internet and this was -- this was developed outside the

    22           IETF, though now there's an activity within the IETF to

    23           codify and clarify the Web standards, the HTTP Standards. 

    24           But, yes, there are many standards processes.

    25           BY MR. BARON:  

                                                                            30

     1           Q   There are 53 or so full standards that have made it

     2           through this process?

     3           A   Over the years, yes.

     4           Q   These are common protocols -- 

     5           A   Something around that number.

     6           Q   These are common protocols in widespread use on the

     7           Internet, correct?

     8           A   They were at the time they were adopted.  Not all of them

     9           are still in widespread use, some of them are quite historic.

    10           Q   And there are some two dozen draft standards in the

    11           works, correct?

    12           A   Somewhere around that number, yes.

    13           Q   And about two or three more dozen proposed standards,

    14           correct?

    15           A   That is correct.

    16                    MR. BARON:  Your Honors, I'm going to, with the

    17           Court's indulgence, approach the witness and provide him with

    18           an exhibit.  We have provided --

    19                    JUDGE DALZELL:  It's in our binder?

    20                    MR. BARON:  They're in black binders.

    21                    JUDGE DALZELL:  In the black binder.

    22                    MR. BARON:  In the Defendant's Exhibits 1 through

    23           45, for the Court.  I will hand the witness a volume as well.

    24                    JUDGE SLOVITER:  And this is going to illustrate

    25           everything he just said in black and white?

                                                                            31

     1                    (Laughter.)

     2                    THE WITNESS:  In a little bit more detail, I think.

     3                    JUDGE DALZELL:  Which exhibit is this again?

     4           BY MR. BARON:  

     5           Q   I wanted to turn to Exhibit 6, Mr. Bradner, I wanted to

     6           give a concrete example of something that the IETF is working

     7           on.  You're familiar with this document, Mr. Bradner?

     8           A   Make sure we're on the same page.  This is --

     9           Q   It's --

    10           A   -- the charter for the address auto configuration working

    11           group?

    12           Q   That's correct, marked as Defendant's Exhibit 6?

    13           A   Yes.

    14           Q   Your name appears on the first page of the document,

    15           correct?

    16           A   That is correct.

    17           Q   Could you explain how this document which is with title

    18           "Address Auto Configuration" will help unsophisticated

    19           computer purchases -- purchasers like myself to essentially

    20           plug and play when they buy computers?

    21           A   The document itself won't help you a great deal.

    22           Q   Okay.

    23           A   But the -- this is, the document is a charter for a

    24           working group within the IETF, within the IP Next Generation

    25           area which is designed for to allow computers when they're

                                                                            32

     1           taken out of a shipping carton and plugged into the wall to

     2           come up with that globally unique 128-bit address so that you

     3           don't have to type it in.  You thought that remembering was

     4           bad, defining the right one and typing it was going to be

     5           awful.  So this is a mechanism by which the computer can

     6           figure out a globally useful unique address and work with

     7           other technologies, particularly what is called Dynamic Host

     8           Configuration Protocol which is a way where a central

     9           administrator can control what address some particular

    10           computer gets.  This is one of the activities of the IP Next

    11           Generation area.

    12           Q   If I could re-formulate that, in other words, an

    13           individual does not have to obtain an IP address from some

    14           central source like Internet but an auto configuration will

    15           assign a globally unique address, correct?

    16           A   It will assign a globally unique address but within

    17           constraints of and a range of addresses which has been

    18           provided from some central source, either directly or

    19           indirectly.  It doesn't just go pick a number out of the air,

    20           it says that this network, this physical wire can have

    21           addresses 1 through 99 within this sub, sub-grouping of

    22           addresses and it will pick the one within that sub-group

    23           which uniquely identifies this machine but it does not affect

    24           what is called the high order bits or the more -- the more

    25           general part of the address which is supplied to it from a

                                                                            33

     1           router on the local network, a computer on the local network.

     2           Q   Am I correct in saying that each IP address is unique on

     3           earth?

     4           A   That is incorrect.

     5           Q   Let me, maybe I misphrased something from your deposition

     6           in the last week, let me quote from Page 55, Line 18.  I'd be

     7           happy to supply the witness with a copy of the deposition

     8           transcript.

     9           A   You can read it and --

    10                    JUDGE SLOVITER:  Would you like the written

    11           deposition?

    12                    THE WITNESS:  Well, why doesn't he read it, if I'm

    13           still confused then I'll ask for a copy.

    14           BY MR. BARON:  

    15           Q   I asked a question that went:  Question:  "In lay

    16           person's terms it would mean that a person such as myself who

    17           may have difficulty loading in software or loading in

    18           whatever is required to put a computer -- to get it to go

    19           would have an easier time."

    20                    You answered at some length, but at one paragraph

    21           you said "It will negotiate over the network for an address

    22           automatically and" -- here's the key section -- "assign an

    23           address which is globally unique and will uniquely locate

    24           this computer on the global Internet."

    25                    Did I misstate the point?

                                                                            34

     1           A   Your question was whether every IP address in the world

     2           is unique and the answer is no.  The -- the answer to the

     3           question on the address auto configuration is if the address

     4           auto, the node which is being configured is part of a

     5           network, part of a network which is directly connected on the

     6           Internet, then, yes, it will come up with a globally unique

     7           address.  But there are very many, thousands and thousands of

     8           networks which are not connected to the global Internet and

     9           they are using addresses which may be the same as somebody

    10           else on the global Internet but it doesn't make any

    11           difference because they're not part of the same picture.

    12                    And then there's a whole 'nother class which is

    13           getting increasingly common where an organization such as a

    14           university or a corporation, more likely a corporation, picks

    15           addresses which are convenient to it and then has what is

    16           called a fire wall between itself and the rest of the

    17           Internet and that fire wall translates the addresses which

    18           are local within its own corporation to addresses which are

    19           unique on the internet, but it does so not one address per

    20           node within the corporation but one address per speaker.

    21                    So if I am -- want to just talk within the

    22           corporation, I never get an address which is unique on the

    23           Internet.  If I want to go out and make a connection out on

    24           the Internet then I will be assigned the next address in the

    25           row of the ones available that are unique on the Internet. 

                                                                            35

     1           Normally there are very much fewer addresses on the window of

     2           the Internet than there are inside the corporation and the

     3           addresses on the window are reassigned by dynamically every

     4           time somebody connects and disconnects, makes a section

     5           through this fire wall and disconnects.  This is because of

     6           the pressure of addresses on the Internet, we are still in a

     7           situation where the 32 bit IP Version Four address is under

     8           some stress in terms of availability, so in order to make it

     9           easier on corporations which may have very large internal

    10           networks but may not be able to obtain an address, a globally

    11           unique address, routable, globally unique address for every

    12           one of their internal nodes, they get a small subsection,

    13           maybe 500, maybe a thousand addresses which are reachable all

    14           over the Internet to deal with the 100,000 internal

    15           computers.  It just means they can only have a thousand

    16           communications going on at once.

    17                    JUDGE SLOVITER:  Let me ask, could I follow that

    18           through?  I had a question on that as I read his original

    19           affidavit.  Let me give you an example and see if it has any

    20           relevance to this.

    21                    The Federal Courts, the whole Federal Court system

    22           is in this circuit interconnected on what we call CC Mail and

    23           is in the process of becoming interconnected with Federal

    24           Courts throughout the country.  But it's not currently on the

    25           Internet for various reasons, although there may be, I

                                                                            36

     1           believe, several Internet addresses or -- I'm not sure that's

     2           the right technical way to put it -- that Courts or libraries

     3           within the Federal Court system are getting so that they can

     4           get the information available generally without compromising

     5           the security of the Federal Court communications.

     6                    Now, is there a fire wall between -- is fire wall

     7           the right term that insulates the Federal Courts from the

     8           rest of the Internet?

     9                    THE WITNESS:  It could be and isn't necessarily, it

    10           could be simply that you have E-mail gateways such that

    11           Electronic Mail, and CC Mail is a product name, by the way.

    12                    JUDGE SLOVITER:  Mm-hmm.

    13                    THE WITNESS:  That Electronic Mail and CC Mail goes

    14           to a computer which then reconverts it from the CC Mail

    15           format into the Internet format so it can be forwarded out on

    16           the Internet.  And then E-mail from the outside world can be

    17           reformatted and forwarded inside, without having the ability,

    18           for example, as I said Telnet, I could Telnet from here to my

    19           desk at Harvard.  Without have-- the E-mail gateway would not

    20           permit the passage of Telnet packets so that somebody from

    21           outside couldn't try and connect up and use one of the

    22           internal court machines.

    23                    So there are different ways to get that isolation. 

    24           Fire Walls is one of them, Application Gateways is another

    25           one.  The modern Fire Walls tend to be Application Gateways

                                                                            37

     1           built into a single box, a number of different application

     2           gateways, a Telnet Gateway, an FDP Gateway, a Web Gateway,

     3           and an E-mail Gateway all built into the same box and many of

     4           them do this address translation.

     5                    In your case it's more likely, speaking just as a

     6           general indication, that the addresses inside are not even

     7           translated to addresses outside, that the message is received

     8           by the Gateway and retransmitted as if it were an entirely

     9           new message using the address of the Gateway when it's going

    10           out on the Internet, nothing related to the individual source

    11           node where the message came from.

    12                    JUDGE SLOVITER:  And there would be then, is it

    13           correct that if you use such a gateway or whatever the

    14           communication process is, there would be no way outside to

    15           know what's really -- what's coming in inside or where it's

    16           going inside?

    17                    THE WITNESS:  That -- that actually is a key point. 

    18           We don't -- the Fire-- one of the aspects of Fire Walls is to

    19           try and protect the knowledge of the structure of the inside

    20           network from the outside, it's to hide the inside structure.

    21           So from the outside, if I have an -- if I had your E-mail

    22           address, I could send you E-mail but I wouldn't know how that

    23           would get to you once it got past this gateway.  I wouldn't

    24           know, wouldn't be able to determine from the outside anything

    25           to do with the structure of the Court network nor what

                                                                            38

     1           computers were there, where you read your E-mail or anything. 

     2           It's one of the functions of Gateways is to protect the

     3           internal structure from visibility.

     4                    JUDGE SLOVITER:  So then it has at least two

     5           objects.  One is because there are a multiplying number of

     6           addresses and there are just or may not be enough addresses

     7           and the other or many others are for other purposes?

     8                    THE WITNESS:  Yes.

     9                    JUDGE SLOVITER:  Okay. 

    10           BY MR. BARON:  

    11           Q   Just a couple more questions on standards.  You would

    12           agree that a number of organizations are responsible for the

    13           development of communications and operational standards and

    14           protocols used on the Internet, correct?

    15           A   A number of organizations believe they are, yes. 

    16           Q   The Internet wouldn't exist today as we know it without

    17           some standards or some rules of the road, correct?

    18           A   That is correct.

    19           Q   And you recall saying in your deposition to me that we

    20           are in a, quote, "standards development rich environment,"

    21           unquote, on the Internet and you stand by that?

    22           A   Yes, or sit by it or whatever.

    23           Q   You stated in your supplemental declaration that you

    24           have, quote, "A complete understanding of how communications

    25           are accomplished on the Internet today, including

                                                                            39

     1           communications such as E-mail use, Net and World Wide Web,"

     2           correct?  Why don't we break down the Internet and start with

     3           World Wide Web since most of the plaintiffs in this case in

     4           the lawsuit have Web pages.

     5                    Mr. Bradner, can you describe for the Court what the

     6           World Wide Web is?

     7           A   The World Wide Web is basically two things:  it's the URL

     8           that you mentioned earlier which is a pointer, a way to -- a

     9           way to identify a particular location and piece of

    10           information within that location on the Net and software that

    11           interprets those pointers and goes off and retrieves the

    12           documents that's been referenced by the URL.

    13           Q   You testified at your deposition last Friday and I'm

    14           paraphrasing this, but correct me if I misstate something,

    15           that the World Wide Web is a concept more than anything else,

    16           it is comprised of a number of servers which can provide

    17           information about requests in the same general concept as

    18           other servers, new servers, FTP servers and the like and a

    19           descriptive language which allows you to embed in a piece of

    20           text locators defined to point to other documents.

    21                    Is that a good statement?

    22           A   The World Wide Web uses a --

    23                    JUDGE DALZELL:  You have to say yes or no so they

    24           can get that.

    25                    THE WITNESS:  Oh, yes, sorry.  Yes.

                                                                            40

     1                    MR. BARON:  Thank you.

     2           BY MR. BARON:  

     3           Q   The World Wide Web uses a graphical user interface,

     4           correct?

     5           A   The -- the World Wide Web client applications that I have

     6           seen use a graphical user interface.

     7           Q   Why don't you describe for the Court what a graphical

     8           user interface is?

     9           A   The early computer interfaces tended to be character

    10           lined, lined character type interfaces where you typed words

    11           and commands like if you've used DOS, it's a DOS interface,

    12           it's where your view of the Net or your view of the command

    13           into the computer is one which is a character stream, you

    14           type in words with varying degrees of meaningfulness and

    15           asking it to do something.

    16                    A graphical user interface tends to be a full screen

    17           application where you have a -- an ability to, with a mouse

    18           or with cursor, those little arrow keys on the keyboard,

    19           locate something on the screen and tell it to activate a

    20           program or to fetch a file or do something because you're

    21           selecting something on the keyboard -- something on the

    22           screen, rather than typing the name of something in on the

    23           keyboard.

    24           Q   The graphical user interface was designed to be user

    25           friendly, correct?

                                                                            41

     1           A   The hope of the designers of graphical user interfaces is

     2           that they're user friendly.  The definition of "user" and

     3           "friendly" are to the mind of the beholder.

     4                    (Laughter.)

     5           Q   In fact, the Web's user interface was designed to allow

     6           people with a wide variety of computer skills, indeed even

     7           with some -- some with minimal computer skills to access vast

     8           quantities of information, correct?

     9           A   That is correct. 

    10           Q   And the language for creating Web pages on the World Wide

    11           Web was designed in a way that makes pages easy to write,

    12           makes it easy to put up pages on servers and makes it easy to

    13           distribute information around the world, correct?

    14           A   That is -- that was the statement of the people who

    15           designed the language but I do notice that many of the books

    16           on HTTP which is this language tend to be in the one to two-

    17           inch or three-inch thick variety.  So again this might, it

    18           somewhat depends on one's interpretation of the word "easy."

    19           Q   HTTP or HTML?

    20           A   Oh, HTML, sorry.  Right.  I get those --

    21           Q   You stated last week in your deposition --

    22                    JUDGE DALZELL:  HTML.

    23                    MR. BARON:  That was going to be my next question,

    24           your Honor.

    25           BY MR. BARON:  

                                                                            42

     1           Q   Why don't you state for the Court what HTML is?

     2           A   Hypertext Markup Language or something of that general

     3           ilk.  There's -- 

     4           Q   Were --

     5           A   There's too many acronyms in this business.

     6                    JUDGE DALZELL:  May I be the first to agree with

     7           you?

     8                    (Laughter.)

     9                    JUDGE SLOVITER:  And I'll be the second.

    10                    MR. BARON:  We're going to get to HTML, Judge

    11           Dalzell.

    12           BY MR. BARON:  

    13           Q   You stated last week in your deposition that you've

    14           looked at thousands of Web pages and that there are probably

    15           tens of thousands of Web pages in existence.  That's correct,

    16           right?

    17           A   Well, the tens of thousands would be a -- what I meant in

    18           when we're speaking of that is there are tens of thousands of

    19           locations where Web pages exist.  The actual number of Web

    20           pages in the sense of a screen image that you could retrieve

    21           is certainly in the millions.  I know I have on my own site

    22           which is one server, one Web server with one home page, there

    23           are thousands of screens that you can retrieve.  So if you're

    24           talking about Web pages in terms of images on a screen, then

    25           there are millions of them.

                                                                            43

     1           Q   Okay.  Now, apart from individuals --

     2                    JUDGE DALZELL:  Excuse me, you say you have a Web

     3           page?

     4                    THE WITNESS:  I have a Web server.  One of the

     5           things that I do at Harvard is to run a test lab which

     6           examines the performance of routers and things like, network

     7           devices like that.  And I put all of the information that

     8           I've gotten from this examination up on line for anybody to

     9           take a look at and there is thousands of pages, mostly of

    10           numbers and some of pictures of performance curves available

    11           from the Web server which is running on the computer sitting

    12           on my desk.

    13           BY MR. BARON:  

    14           Q   Apart from individuals, Mr. Bradner, it would be a fair

    15           statement to say that organizations including commercial

    16           organizations such as companies selling potato chips or

    17           pencils or cars use the Web as a way to provide information,

    18           correct?

    19           A   Correct.

    20           Q   And to sell their products, correct?

    21           A   At this point, more to provide information.  In the

    22           future, in the near future I trust, more will be in the

    23           business of selling their products over the Internet.  Right

    24           now because of concerns of security and things of that

    25           nature, few, relatively few companies are actually doing

                                                                            44

     1           retail over the Net, going and buying a bag of potato chips

     2           over the Net is not something that is readily available today

     3           although you can order a pizza if you happen to live in Santa

     4           Clara, California.  Delivery is a big problem if you're doing

     5           it from here, but --

     6                    (Laughter.)

     7           A   -- that -- soon you'll be able to do that.  So I'm just

     8           nuancing on the word you use of selling because right at the

     9           moment it's more providing information than it is selling.

    10                    JUDGE DALZELL:  Because you can't close the sale?

    11                    THE WITNESS:  Actually you can and you can by

    12           putting your credit card number in and actually the credit

    13           card transaction over the Internet today is more secure than

    14           giving your credit card to the waitress at the local

    15           restaurant, but there is a feeling that it is not as secure. 

    16           And so there aren't many --

    17                    JUDGE DALZELL:  I thought there was a problem of

    18           verification?

    19                    THE WITNESS:  The -- it's the same --

    20                    JUDGE DALZELL:  Or so we're told.

    21                    THE WITNESS:  Well, it's the same level of problem

    22           of verification as what happens when someone calls up and

    23           orders something from L.L. Bean over the telephone. L.L. Bean

    24           has to go through a process with which they call up the

    25           credit card company and say is this a valid credit card.

                                                                            45

     1                    JUDGE DALZELL:  And is it not true that you still

     2           have to go outside the Internet to do that process?

     3                    THE WITNESS:  Today that is true.  I would hope that

     4           in the relatively near future --

     5                    JUDGE DALZELL:  Defined as?

     6                    THE WITNESS:  Well, Master Card and Visa did define

     7           a language for moving of information about credit cards over

     8           the Net, they said it would be, that this definition would be

     9           available I think this month or next month.  So in the next

    10           six to nine months the function set to be able to send a

    11           secure credit card to Master Card to ask whether it's a valid

    12           card and whether the person has enough money to pay two

    13           dollars or whatever your fee is going to be should be there,

    14           but this is a projection rather than a statement from

    15           knowledge of who is developing these.

    16                    JUDGE SLOVITER:  How could phoning tell or assure

    17           that it's a valid card?  It might show or how can phoning

    18           assure that X, that Judge Dalzell who gives the card number

    19           is in fact Judge Dalzell rather than Judge Buckwalter?

    20                    THE WITNESS:  Actually, it does not.  And that's --

    21           it does not now when you call up for one of these mail order

    22           houses.  They do it on a basis generally of two things.  One

    23           is that in general when you order something you order it,

    24           particularly if it's going to be shipped to you, you order it

    25           shipped to you so that in some cases like American Express,

                                                                            46

     1           if it's a valuable shipment, will verify it's being shipped

     2           to the billing address.  And if it's not being shipped to the

     3           billing address, you have to call them up and tell them no,

     4           this is a special case and I want it to go someplace else.  I

     5           know because I had to do that.

     6                    Other credit card just ship -- know because they

     7           have the shipping address of where it's going to, they have

     8           an audit trail so in case somebody protests that this wasn't,

     9           it wasn't me who placed this order, they can then do some

    10           kind of tracking to try and figure out who it was who placed

    11           the order.  And the same thing would be true over the

    12           Internet.

    13                    JUDGE SLOVITER:  But would that be time consuming or

    14           now that we have computers could that be easy and

    15           instantaneous?

    16                    THE WITNESS:  Well, in a real way ordering something

    17           over the Internet over ordering something from a mail order

    18           house over the telephone isn't going to change any of the

    19           mechanisms involved other than how do you do it.  You sit

    20           there with a Web page and do some clicking on with your mouse

    21           versus you call up on the telephone and tell the nice person

    22           who answers the phone that you want an item on Page 67.

    23                    The rest of this, what happens behind the scenes,

    24           works the same way today.  There will be an increase in

    25           efficiency when the verification process for verifying the

                                                                            47

     1           card, instead of requiring a separate communication normally

     2           by a phone line with Master Card or Visa or American Express

     3           could be done with electronic communication over the

     4           Internet.

     5                    That will be a change in efficiency, but it doesn't

     6           change the basic functionality which is they're depending on

     7           you or your knowledge of the credit card number as your

     8           identifier to identify yourself and the fact that they can

     9           trace where the order was sent to as sort of a second guess

    10           to figure out what happened when something goes awry.

    11           BY MR. BARON:  

    12           Q   Putting aside actually ordering merchandise by use of a

    13           verified credit card via the Internet, it's certainly true,

    14           isn't it the case that both individuals and companies can

    15           have Web pages and that have a phone number on them or an 800

    16           number or a toll free number for people to call to buy things

    17           that they see advertised on the Net, isn't that correct?

    18           A   Yes, that is true.

    19           Q   Okay.  Before we get into what individuals and nonprofit

    20           organizations other than corporations can or cannot do, let's

    21           talk about some technical matters including some --

    22                    JUDGE SLOVITER:  You mean we haven't been?

    23                    (Laughter.)

    24                    MR. BARON:  Some more technical matters.

    25           BY MR. BARON:  

                                                                            48

     1           Q   Including some descriptive language used for the World

     2           Wide Web.  Mr. Bradner, could you tell the Court what a Web

     3           server is?

     4           A   A Web server, a server in general in computer jargon is

     5           software which is running on a computer which is waiting

     6           patiently for a command to be sent to it over a network and

     7           that command, if it's an FTP server, it would be an FTP

     8           command, FTP stands for File Transfer Protocol.  If it's a

     9           server which returns phone numbers it's going to be a phone

    10           number query.  If it's a database server, so lots of

    11           different servers, they have the same basic function which is

    12           just software running in the computer waiting for a query.

    13                    A Web server is one which is waiting for a query

    14           which is in -- over the Net which is formed in Webese, in the

    15           right format for a Web query.

    16           Q   You told me last week that the World Wide Web is sewn

    17           together with URL's, is that a fair statement?

    18           A   Yes.  Sorry.

    19           Q   Now, on a particular Web page there can be pointers to

    20           other pages on the Web, correct?

    21           A   Those are the URL's of which we were just speaking.

    22           Q   And the pointers -- all right, they can be pointers to

    23           other URL's.  And Web pages can also have --

    24           A   The pointers are the URL's.

    25           Q   Oh, the pointers are the URL's, okay, I stand corrected. 

                                                                            49

     1           Web pages can also have pointers to files which contain audio

     2           or sound, correct?

     3           A   That is correct. 

     4           Q   In fact, Web pages can contain pointers to files in any

     5           one of a number of forms containing any one of a number of

     6           things such as text, sounds, still graphics or motion

     7           graphics, correct?

     8           A   That is correct.

     9           Q   One can take a home movie on a Camcorder and digitize it

    10           and transpose it in a way that would be viewable by clicking

    11           on a pointer on a Web page, correct?

    12           A   Assuming that the person who had the client who had the

    13           Web browser had the right software installed which allowed

    14           them to download and then view motion graphics and assuming

    15           that the motion graphics were stored in a format compatible

    16           with the browser that the individual had.  Both of those are

    17           not assumptions you can make a hundred percent, but still

    18           given that qualification, yes.

    19           Q   Could you tell the Court what a browser is?

    20           A   A browser is the jargon term for a Web client.  The

    21           client is the software running on a user's computer to access

    22           some server and a Web browser is the software running on the

    23           user's computer to access a Web server.

    24           Q   And what is a search engine?

    25           A   A search engine in this -- in the context of the Web is a

                                                                            50

     1           piece of software which, when given a query, it's a database

     2           query responder, it's a server for database queries, it --

     3           you give it some information about something that you wish to

     4           find and it goes to its database and tries to find it in that

     5           database.

     6                    Search engines have fine degrees of sophistication

     7           of ability to take just single words or words in context or

     8           concepts in the sense of you can give some search engines a

     9           piece of text, a newspaper article, and say this is

    10           interesting to me, find other things that look like this. 

    11           And it's quite -- some of them are very sophisticated.  They

    12           look at their internal database to try and find other things,

    13           other references in that database which are compatible with

    14           the query that you gave it. 

    15           Q   Let's get to the heart of things, Mr. Bradner, by

    16           discussing something called HTML.

    17                    JUDGE SLOVITER:  Before we do that maybe we should

    18           let the witness have a break and we should all have a break. 

    19           Okay?

    20                    JUDGE DALZELL:  I agree.

    21                    JUDGE SLOVITER:  Ten minutes, I'm told.

    22                    THE COURT CLERK:  Please rise.

    23                    (Court in recess; 10:40 to 10:55 o'clock a.m.)

    24                    JUDGE DALZELL:  All right, Mr. Baron.

    25                    MR. BARON:  Excuse me, your Honor, we were just

                                                                            51

     1           taking care of some housekeeping functions.

     2                    (Pause.)

     3           BY MR. BARON:  

     4           Q   Mr. Bradner, we were about to discuss HTML, could you

     5           tell the Court what HTML is?

     6           A   It's a language, a descriptor language which is used to

     7           define within a Web server how a document should appear on

     8           the screen of the Web client, the browser.

     9           Q   Perhaps an example of HTML code would be helpful here. 

    10           Could you turn to Defendant's Exhibit that's marked 14 in the

    11           black binder?

    12                    (Pause.)

    13           Q   Do you have that?

    14           A   Yes, I do.

    15           Q   Mr. Bradner, does this appear to you as the same exhibit

    16           that I showed you at your deposition last Friday?

    17           A   Yes.

    18           Q   This represents the Worldwide Web home page of an

    19           organization entitled Stop Prisoner Rape, which is one of the

    20           plaintiffs in this lawsuit.  And you will note -- and you

    21           would agree, would you not, Mr. Bradner, that the first four

    22           pages represent Web pages in their usual format and behind

    23           those four pages is a series of pages which represent the

    24           same text but in HTML code format, is that correct?

    25           A   That appears -- that is what it appears to be, yes.

                                                                            52

     1           Q   Looking at the immediate page behind the usual format Web

     2           pages, the top of the page says --

     3                    JUDGE SLOVITER:  These aren't paginated, are they?

     4                    MR. BARON:  No, they are not, your Honor.

     5                    (Discussion held off the record.)

     6                    JUDGE DALZELL:  You're talking about the first page

     7           following the conventional --

     8                    MR. BARON:  That's correct, the --

     9                    JUDGE DALZELL:  -- conventionally arranged text?

    10                    JUDGE SLOVITER:  So, the one that says --

    11                    MR. BARON:  That's correct and the --

    12                    JUDGE SLOVITER:  That's right, okay.

    13                    MR. BARON:  That's correct, your Honor.

    14           BY MR. BARON:  

    15           Q   You see the bracket HTML and bracket Head, correct, Mr.

    16           Bradner?

    17           A   Yes.

    18           Q   The designation Head represents the head of this HTML

    19           document, correct?

    20           A   Yes.

    21           Q   And you see the term Meta in the third and the fifth

    22           line?

    23           A   Yes.

    24           Q   What does the Meta represent?

    25           A   As I said in my deposition and when we talked last

                                                                            53

     1           Friday, I did not and do not represent myself as an expert in

     2           HTML.  So, I would suggest that if you want to investigate

     3           the details of HTML it would probably be better to ask

     4           somebody who is.

     5           Q   But looking at it you're certainly more expert than I,

     6           that the key words here are words that are in a field in a

     7           Meta tag in the header, correct?

     8           A   Yes.

     9           Q   Okay.  And there's a body to an HTML document, correct?

    10           A   Yes.

    11           Q   And down at the bottom of this page there is a reference

    12           to a URL.  The HTML source code includes references to

    13           particular URL's as a usual course, correct?

    14           A   Most of them do, yes.

    15                    JUDGE SLOVITER:  Oh --

    16                    JUDGE DALZELL:  The very bottom, the very bottom.

    17                    MR. BARON:  The very bottom of the page, your Honor,

    18           it says "Bracket A-HREF equals," and then A-URL, which

    19           represents another Web site.

    20                    THE WITNESS:  Actually all you can tell about that,

    21           URL, is that it represents a particular document someplace

    22           which may or may not be on another site.

    23                    JUDGE SLOVITER:  Where does it says URL?

    24                    JUDGE DALZELL:  He said that is the URL.

    25                    JUDGE SLOVITER:  Oh, okay.

                                                                            54

     1           BY MR. BARON:  

     2           Q   Yes, that's a better description, Mr. Bradner.  Now, in

     3           your deposition last week you indicated that the type of

     4           parental control rating scheme you preferred would be one in

     5           which an individual's browser could be configured to send a

     6           copy of a particular URL, including a URL in a document, to a

     7           third-party rating service with a query to the rating

     8           service, asking for information about the contents of the

     9           URL, correct?

    10           A   Actually, to be very precise, about the contents of the

    11           file or document pointed to by the URL.

    12           Q   Okay.  Now, this would be one of the methodologies

    13           suggested by the PICS scheme, P-I-C-S, which is a parental

    14           control rating scheme being worked on by the W-3 consortium

    15           located at MIT, correct?

    16           A   That's correct.

    17           Q   And that's the scheme that's embodied in Defendant's

    18           Exhibit 15, if you could turn to that, the document which

    19           says, "PICS:  Internet access controls without censorship"?

    20           A   Yes, this is a document you showed me last week.

    21           Q   It is true, is it not, Mr. Bradner, that a browser under

    22           this model of parental controls could look to the specific

    23           header information in HTML source code for a tag or a label

    24           that's put in the header by the content provider as part of

    25           the overall rating scheme, isn't that correct?

                                                                            55

     1           A   To be clear, you had just asked me about my preference

     2           for a third-party rating service, it appears that you're

     3           asking me now about PICS as a general concept, I just want to

     4           be sure what it is that you're asking me.

     5           Q   Well, I'm asking PICS as a general concept.

     6           A   Okay.  So, in PICS as a general concept you -- PICS

     7           defines tags that you can place into a document, into the

     8           header of a document, HTML document and other documents,

     9           which can be used to convey information about the -- some

    10           content of this document, that is correct.

    11           Q   And on Exhibit 15 at Page 6 of 9, at the bottom left-hand

    12           corner, that's where the pages are identified, the second

    13           full paragraph, if you would read along with me --

    14                    JUDGE BUCKWALTER:  Well, where are you?

    15                    JUDGE DALZELL:  Page 6 of 9.

    16                    MR. BARON:  It's Exhibit 15 and it's Page 6 of 9,

    17           you can see at the bottom left hand of the document.

    18           BY MR. BARON:  

    19           Q   I'm going to concentrate on the second full paragraph,

    20           starting with "Since," the word, "Since."  And the second

    21           sentence says, "The first is to" -- the first methodology of

    22           PICS, is that correct, Mr. Bradner?

    23           A   That's actually a third sentence.

    24           Q   Well, it says, "The first is to embed labels in HTML

    25           documents.  This method will be helpful for those who wish to

                                                                            56

     1           label content they have created."  That's one of the

     2           methodologies embodied in the PICS parental control rating

     3           standard, correct?

     4           A   That's one of the -- that's one of the methods in their

     5           proposal, yes.

     6           Q   Okay.  Indeed, you believe that as a technical matter one

     7           can embed a character stream which could be interpreted by

     8           browsers or other software if it is so desired, correct?

     9           A   In certain documents, certain types of files and

    10           documents that is correct, in other types of files and

    11           documents it's incorrect.

    12           Q   Well, it's your view, is it not, Mr. Bradner, that as a

    13           technical matter of ease or difficulty that it is trivial to

    14           embed a tag or a label in HTML source code, correct?

    15           A   It's a matter of typing a few characters, so, yes, in

    16           concept; in implementation, if you have thousands of pages of

    17           source code then it might be a little difficult, but in

    18           concept it's easy, you just type in the character string.

    19           Q   You told me last Friday in your deposition that for your

    20           own Web site, your own Web pages, the home page it would be

    21           trivial to embed a tag, you could do it in five minutes,

    22           correct?

    23           A   Well, actually it's a little more -- I said a little bit

    24           more than that.  My current Web server I do not happen to

    25           have a document which is a home page.  The Web server points

                                                                            57

     1           to a part of my -- the directory tree in my computer and it

     2           has automatically created a home page, because I haven't

     3           gotten around to creating one myself.  So, it would take more

     4           than five minutes, because I would have to create the

     5           document in which to embed the string before embedding the

     6           string and I couldn't tell how long that would take, it would

     7           depend on how anal I got and how pretty a picture I wanted on

     8           it.

     9           Q   Well, you said at Page 223 of your deposition -- 

    10                    MR. BARON:  -- I'd be happy at any appropriate point

    11           to hand the witness the deposition if it will be --

    12                    JUDGE DALZELL:  Whenever you want it, you just say

    13           so.

    14                    MR. BARON:  -- helpful for the record.

    15           BY MR. BARON:  

    16           Q   You said at Page 223, Line 8, "Certainly on my site it

    17           would be trivial for me to do," correct?

    18           A   Once I created a home page it would be trivial for me to

    19           do it, yes.

    20           Q   Could you turn to Defendant's Exhibit 16?  This exhibit

    21           is one that I showed you last week, correct?

    22           A   That's correct.

    23           Q   It's titled, "Safe Surf Internet Rating Standard," are

    24           you familiar with Safe Surf?

    25           A   As to the extent that you showed it to me last week.

                                                                            58

     1           Q   Okay.  On the second page of this exhibit at the top, the

     2           first full sentence says, "If a majority of them spent five

     3           to ten minutes to implement the system by marking their site

     4           then a child-safe Internet could be realized in a matter of

     5           weeks."  Do you see that statement?

     6           A   I see that statement.

     7           Q   And do you agree with it?

     8           A   No.

     9           Q   You could build PICS compatible software into existing

    10           browsers, correct?

    11           A   One could, I wouldn't proclaim to be a good enough

    12           programmer to in any particular case.

    13           Q   That's technically feasible, correct?

    14           A   That's correct.

    15           Q   Back to Exhibit 15, looking at the bottom of the Page 5

    16           of 9 in the document.  It's the page with blue Figure 4 at

    17           the top, but I'm going to concentrate on the bottom of the

    18           page.  Do you see the sentence that starts, "Anything"?

    19           A   Yes, I do.

    20           Q   Let me read it to the record:  "Anything that can be

    21           named by a URL can be labeled, including resources that are

    22           accessed via FTP, Gopher or Net News, as well as HTTP."  You

    23           agree, do you not, Mr. Bradner, that you may extend URL's to

    24           provide labeling in some form across these applications on

    25           the Internet, correct?

                                                                            59

     1           A   To be very specific and concrete, you can extend the

     2           format of URL's themselves to include additional information,

     3           which could be used by a browser to decide on whether to

     4           implement -- to instigate a particular application.  You

     5           would not actually do anything in the application itself, for

     6           example FTP, you wouldn't modify FTP, you would modify the

     7           browser to decide on whether or not to start up FTP based on

     8           additional information in the URL.

     9                    JUDGE DALZELL:  I want to get very concrete on this,

    10           because it's an important issue.  The Carnegie Library, Mr.

    11           Croneberger is here for the Carnegie Library, it's card

    12           catalogue is on line.  Now, I take it the card catalogue is a

    13           site, correct, it has a URL -- if I want to get to it it has

    14           a URL, does it not?

    15                    THE WITNESS:  The -- I can speak with knowledge

    16           about the Harvard University College --

    17                    JUDGE DALZELL:  All right, fine, take that.

    18                    THE WITNESS:  -- Library.  The Harvard University

    19           College Library, which is called Holis (ph.), is available as

    20           an interactive program.  So that you would Telnet to a server

    21           at Harvard and then it presents a screen wherein you can do

    22           an author search or a title search or things like that.

    23                    JUDGE DALZELL:  Well, what I'm getting at is what I

    24           think Mr. Barn is asking you, is the idea here that Harvard

    25           or the Carnegie Library would rate its card catalogue?

                                                                            60

     1                    THE WITNESS:  In the context of Harvard's, Harvard's

     2           Holis system, what would have to happen is any place where

     3           somebody referenced Harvard's Holis system, a URL which

     4           referenced it, any place where that any URL existed the

     5           reference Holis would have to be extended to include a rating

     6           of Harvard's system.  

     7                    JUDGE DALZELL:  That's what I mean.

     8                    THE WITNESS:  This wouldn't be Harvard rating it,

     9           because Harvard isn't creating the URL's that might be placed

    10           at Brown or at the National Library Association or any place

    11           else, because that is a pointer to Harvard and it's the

    12           pointer in this concept which is modified, not the site

    13           itself.  In this particular case you do not get to Harvard 

    14           -- the way you access Harvard doesn't give an interactive way

    15           for a browser to ask Harvard what its PICS rating is.

    16                    JUDGE DALZELL:  Well, then I'm not understanding

    17           this at all.  The PICS rating -- assume that everybody adopts

    18           this PICS system, okay?  Will the Harvard card catalogue

    19           that's on line, will it be rated or will just subsets of it

    20           be rated?

    21                    THE WITNESS:  There --

    22                    JUDGE SLOVITER:  And who has to do that rating?

    23                    JUDGE DALZELL:  Exactly, and who has to do the

    24           rating?

    25                    THE WITNESS:  All right.  I think using the Harvard

                                                                            61

     1           catalogue is exactly the kind of case where we can look at

     2           it.  The current technology, the current way the Harvard

     3           catalogue is implemented is that you interact with the

     4           Harvard catalogue with the same program that I would use to

     5           interact with my computer sitting on my desk, which is

     6           Telnet, it allows you to remotely be connected to that

     7           computer and remotely interact with that computer as if you

     8           were a local terminal; this is not a Web interface, it is a

     9           local terminal interface.  In that context Harvard has no way

    10           of rating -- have no way of handing back a rating to anybody,

    11           because what would have to happen instead is -- it's like you

    12           would put ratings in T.V. Guide of T.V. shows, it's not that

    13           the ratings are embedded in the shows, it's every place where

    14           somebody pointed at Holis you would have to have that place

    15           which did the pointing have the rating in it.  So, Harvard

    16           wouldn't have control over that.

    17                    JUDGE DALZELL:  Yeah, but what I think Mr. Baron is

    18           getting at is the feasibility of if you are going through a

    19           card catalogue on line, which Mr. Croneberger describes in

    20           detail in his declaration, would this marker be right next to

    21           "Rebecca of Sullybrook Farm," and that's G rated, but then

    22           when it has an Ice T lyric it would be NC-17?

    23                    THE WITNESS:  Again --

    24                    JUDGE DALZELL:  I'm not being facetious here.

    25                    THE WITNESS:  No, no, I agree.  Under the current

                                                                            62

     1           Harvard system we wouldn't be able to implement this, I'm

     2           saying under the current Harvard system that the pointers are

     3           outside of Harvard's jurisdiction because they're pointers to

     4           Harvard, not pointers within Harvard.  So, other people would

     5           rate Harvard.  Another interface to this -- the same facility

     6           which does not currently exist, but could be made to exist,

     7           would be a Web Browser-type of interface to the Harvard

     8           College library system.  In that case the browser could be

     9           able to see a rating and the rating would be actually buried

    10           in the URL, when you said Ice T the URL, which specified

    11           where the file was if you're going to retrieve it, then that

    12           URL, you could embed in that URL the PICS parental warning

    13           symbol.

    14                    JUDGE DALZELL:  But my point, and it's a very

    15           important point to this case, is since we know at least at

    16           the Carnegie Library, and I would think that's in the

    17           Carnegie Library would be up at Harvard, that they have the

    18           Ice T lyrics, is the whole card catalogue NC-17, to take the

    19           MPAA rating --

    20                    THE WITNESS:  In the --

    21                    JUDGE DALZELL:  -- because there is some dirty words

    22           there, in some people's view?

    23                    THE WITNESS:  The question that I was asked a little

    24           while ago, whether it was easy -- the statement in the

    25           exhibit here of whether it was easy for everybody just to do

                                                                            63

     1           this, assumes the very assumption -- the question you just

     2           asked, which is that, yes, Harvard would have to rate its

     3           entire catalogue as questionable because of some references

     4           within that catalogue.  The effort to go through and rate

     5           every individual reference within the catalogue -- Harvard's

     6           -- Carnegie Mellon's catalogue is a subset of Harvard's, of

     7           course --

     8                    (Laughter.)

     9                    THE WITNESS:  -- it's some six or seven million

    10           references in the Harvard catalogue, though I think on line

    11           is three or four million at the moment, this would take

    12           considerable effort to go through and --

    13                    JUDGE DALZELL:  And rate them.

    14                    THE WITNESS:  -- rate every single one of them.

    15                    JUDGE SLOVITER:  If we started -- if nobody had ever

    16           put Shakespeare into this -- ever at all put it into the

    17           system and somebody, a third party or somebody else went

    18           through Shakespeare before they did this and began to rate

    19           Shakespeare plays, is there some feasible method where

    20           anybody, any library that then have Shakespeare could absorb

    21           that rating?  Or if Judge Dalzell, who has a younger person,

    22           unlike mine, who can read anything, but would he be able to

    23           find some mechanism whether she or he, I don't know, looked

    24           at Shakespeare, wherever it might be?

    25                    THE WITNESS:  There's two aspects to that and

                                                                            64

     1           actually something I should clarify.  On the Harvard College

     2           Library this is the library card catalogue, not the materials

     3           itself, there are other libraries with materials itself on

     4           line.  For example, I was researching for a column that I do

     5           and I was looking up Flatland, which is a -- some of you may

     6           have read that, it's from the late 1800's, it's about a world

     7           of two dimensions --

     8                    JUDGE DALZELL:  I read it in geometry.

     9                    THE WITNESS:  Yes, well, you should read it at least

    10           there.  And I wanted to look at it, because I was going to do

    11           a column which happened to be based on that.  So, I did a Web

    12           search and I came up with a site where the text for that book

    13           was on line, and I went on off and I read it.  And this was a

    14           library which provided this, it's one of the university

    15           libraries, I forget which one, where that material was on

    16           line.  And I think the questions you were asking are more

    17           related to places where the material is on line --

    18                    JUDGE SLOVITER:  Exactly.

    19                    THE WITNESS:  -- rather than the Harvard University

    20           catalogue, which is just saying, well, the rap songs are

    21           available by going to the stacks and looking in Bin 3.  So,

    22           in the areas where the material is on line that's a much more

    23           complex issue, that -- certainly the Harvard -- I don't think

    24           the Harvard catalogue, the catalogue per se would be ever

    25           considered verboten, but certainly some of the items within

                                                                            65

     1           that the catalogue references could be.  There is a mechanism

     2           where one in theory could do this.  A lot of college

     3           libraries, a lot of libraries in generally actually use

     4           external sources when they create their card catalogue, they

     5           send a list of titles to a commercial firm which has expanded

     6           information about titles.  So, you send -- you say I've got

     7           Shakespeare's Hamlet and Edition 14, give a little bit more

     8           information, they return to you the information block, which

     9           includes the key words for use in searches and all of the

    10           other information that you might want for your on-line

    11           reference to this document, rather than you having to enter

    12           all of this -- the individual university library having to

    13           enter all of this information they go off to this third

    14           party.  And in theory that third party, if the rating has --

    15           if a rating has been done that third party could include that

    16           rating in that block of information that they return when the

    17           university or other library says tell me about Shakespeare's

    18           Hamlet, 1912 Edition from whatever.

    19           BY MR. BARON:  

    20           Q   Well, I'd like you to return, however, to the methodology

    21           that I pointed you to in Defendant's Exhibit 15, which is

    22           that one of the methodologies in PICS, is it not, to -- that

    23           the content creator, the content provider embed the tag in

    24           their document rather than a third-party rating organization,

    25           correct?

                                                                            66

     1           A   As I said before, that is a feasible and reasonable thing

     2           to do for some document, it is not possible for others; it is

     3           not possible for binary files, for executables, for example,

     4           you can't embed something in there because it would destroy

     5           the integrity of the file itself --

     6           Q   All right, but for --

     7           A   -- it would make the file itself useless.

     8           Q   But for the Web pages that represent, for example, the

     9           Stop Prisoner Rape Web page, that doesn't have a binary or an

    10           executable file, so far as you know?

    11           A   As far as I know.  It could put at the top of the page --

    12            embed in the HTML a coding, that is correct.

    13           Q   It is also technically feasible to tag a portion of a Web

    14           site, correct?

    15           A   There is no -- in the Web there is nothing which -- there

    16           is no structure which says this is a portion of a site and

    17           this is not.  Going back to your question earlier about the

    18           URL that was at the bottom of the page, I made the point of

    19           saying that this was a pointer to a file some place on some

    20           server, there is nothing to say that this is structurally on

    21           this server or any other server.  So that if you are -- if

    22           all of the access to some subsection of your disk is through

    23           a particular home page and there are no URL's that exist any

    24           place else in the world which have a more explicit pointing

    25           down inside of a sub-subdirectory then, yes, if you put some

                                                                            67

     1           kind of labeling on the home page, on the first page of this

     2           sub-tree you could imply something about the rest of the

     3           tree.  But that would only be making, again, the assumption

     4           that nobody had a URL which pointed further down into that

     5           tree, if they did they would never even look at that page,

     6           they would go directly to the more specific document.

     7           Q   Well, I'm at a point where I think it's reasonable to

     8           read a portion of your deposition last Friday and see if we

     9           can seek clarification here, I'm at Page 222.  Let me read

    10           into the record --

    11                    MR. BARON:  -- and, with the Courts' indulgence, I

    12           think it would be appropriate to show the witness the

    13           deposition.

    14                    (Pause.)

    15           BY MR. BARON:  

    16           Q   I'm at Page 222 and around Line 17.

    17                    MR. BARON:  If the Court wishes, I have copies of

    18           some format of the deposition, but I do intend to read a few

    19           sentences here.

    20           BY MR. BARON:  

    21           Q   You're answering me and you say, the witness, this is at

    22           222, Line 17:  "I could make a label and I could see that

    23           most people could make a label and what, for a lack of a

    24           better term, home page for the site which in some way

    25           characterized the contents of the site and do that quite

                                                                            68

     1           economically, yes.  It gets a little more complicated, the

     2           site is like a library site that are flat laying on board,

     3           where the characterizations of the contents vary on a per-

     4           file basis."

     5                    Going down to Line 8:  "Certainly on my site it

     6           would be trivial for me to do, once I got the software and

     7           got everything else and got a sample page to put up it would

     8           probably take me five minutes to do that after I got all of

     9           the crap in line, a technical term." 

    10                    Moving on to Line 14:  "And so, yes, it would be

    11           economically feasible if indeed somebody" --

    12                    MR. MORRIS:  Your Honor, I would just ask that Mr.

    13           Baron read the entire page, he is leaving out some important

    14           points that -- and place the --

    15                    JUDGE DALZELL:  Well, you can get that --

    16                    JUDGE SLOVITER:  Well, you get cross-examination and

    17           the witness has got the entire testimony in front of him.

    18                    MR. MORRIS:  Okay, that's fine.

    19           BY MR. BARON:  

    20           Q   Continuing at Line 14:  "And so, yes, it would be

    21           economically feasible if indeed somebody were to distribute a

    22           sample.  Everything below here is fine file, putting that

    23           into my environment would be actually quite easy to do."  Is

    24           that still your testimony, Mr. Bradner?

    25           A   Yes, and that -- and that's absolutely true and I think

                                                                            69

     1           that's what I just said.  But it makes one assumption, which

     2           I did not state when we talked last week which I did just

     3           state, which is it makes the assumption that anybody

     4           referencing my site would only have a reference to my, quote,

     5           "home page," rather than a more explicitly reference to some

     6           subsection point, which actually in my particular case I know

     7           is not true.  In my particular case some individual vendors

     8           of equipment provide URL's pointing to their results, which

     9           point down inside of my site, bypassing my home page and they

    10           are saying, go and look at this file, which is underneath

    11           this directory, underneath this directory, underneath this

    12           directory, and go look at the results there.  So, yes it is

    13           true that I could modify a -- put in a home page, but that is

    14           only effective if people look at -- are actually stopping at

    15           the home page on the way to what they're looking for and that

    16           may or may not be true.

    17           Q   The concept of coming up with some form of a standard way

    18           to tag or label a warning sign is perfectly reasonable,

    19           correct?

    20           A   Yes.

    21           Q   And it's technically possible, correct?

    22           A   Yes.

    23           Q   Assuming that there was software or browsers in the

    24           marketplace that could read the tag or label in HTML source

    25           code that Web site would be blocked, correct?

                                                                            70

     1           A   Again, it would be blocked if indeed that particular Web

     2           page was one that the browser referenced on its way to the

     3           document that it was seeking.  In my case, I included in my

     4           news column a URL for Flatland and that URL specified the

     5           file which is Flatland's home page, not the file which is the

     6           home page of the library system itself.  So, if I -- if

     7           somebody used the URL that I provided in the column they

     8           would bypass any home page of the entire site and would go

     9           directly to the Flatland file and would not see any tags that

    10           happen to a site-wide tag, because their browser would never

    11           read that page.

    12           Q   You stated in your supplemental declaration filed on

    13           Tuesday at Paragraph 79 that, quote, "To my knowledge no

    14           Internet access software or Worldwide Web browsers are

    15           currently configurable to block material with such tags."  Do

    16           you recall that statement?

    17           A   Yes, I do.

    18           Q   You stated in the deposition that, however, the Netscape

    19           owns the lion's share of the browser market, around 80

    20           percent of the market, correct?

    21           A   I think I stated that Netscape has stated that they own

    22           80 percent of the market.

    23                    (Laughter.)

    24           Q   Last Friday --

    25                    JUDGE DALZELL:  And they're not under oath.

                                                                            71

     1                    (Laughter.)

     2           BY MR. BARON:  

     3           Q   Last Friday at your deposition I asked you specifically

     4           how difficult would it be for Netscape to tweak its browser

     5           to understand a tag or a label embedded in a header in HTML

     6           that said adult, was in fact a site that was adult, and you

     7           responded that, quote, "I certainly don't think it would be

     8           an inordinate burden to do something of that form."  You

     9           stand by that statement?

    10           A   Yes.

    11           Q   You also agreed as a matter of technical feasibility that

    12           Microsoft could do the same, correct?

    13           A   Yes.

    14           Q   And programs could be changed at AOL, Compuserve and

    15           Prodigy to do the same, correct?

    16           A   Yes.

    17           Q   And Surf Watch and Cyber Patrol and the world of that --

    18           of parental control software, they could change their

    19           software programs to pick up the tags or labels, correct?

    20           A   They can pick -- they can -- software can be changed to

    21           pick up the labels whenever they examine a page that has

    22           labels in it.

    23           Q   Okay, we're going to leave tags and labels.  Let's turn

    24           to directories and registers in cyberspace, particularly on

    25           the Web.  You recall at your deposition that I asked you

                                                                            72

     1           whether you agreed with the statement that many people

     2           believe there should be a white pages directory for the

     3           Internet and you at least conceded that many people do

     4           believe that, correct?

     5           A   Yes, that's correct, I conceded that.

     6           Q   Even if a comprehensive index to the net is impractical

     7           in some sense you surely agree, do you not, Mr. Bradner, that

     8           a white pages subset of cyberspace is technically feasible,

     9           correct?

    10           A   It's more than technically feasible, there are a number

    11           of organizations claiming they are providing just such a

    12           thing.

    13           Q   In fact aren't there, as you said, many neutral places or

    14           sites that exist where URL's can be picked up in a kind of

    15           index or directory, correct?

    16           A   Neutral and non-neutral, yes.

    17           Q   Indeed, you told me last Friday that a URL is a URL is a

    18           URL and that no technical issues are involved in creating

    19           pages which list URL's, correct?

    20           A   That is correct.  That actually is the point I was making

    21           earlier, that if there is a URL pointing to a -- pointing to

    22           the Harvard College Library that -- and we're making the

    23           assumption that we're controlling access by putting PICS-type

    24           tagging in the URL's, it's wherever that URL exists, whether

    25           it's on Harvard-owned machines or anybody else's machine,

                                                                            73

     1           which is where that labeling would have to be done.  And if

     2           there is 10,000 places around the world which have URL's

     3           pointing to Harvard, all of those 10,000 places would have to

     4           rate -- would include the ratings for Harvard in their URL's,

     5           it would not be under Harvard's control to make them do such

     6           a thing.

     7           Q   Aside from indexes or directories, if you have content --

     8            if you are a content provider and you have content you wish

     9           to restrict, for whatever reason, you could call Surf Watch

    10           or other parental-control products to let them know about

    11           your site in cyberspace, correct?

    12           A   We had a long discussion of this last Friday and the

    13           clear statement is yes, of course, I could call Surf Watch

    14           and do so, but Surf Watch would have very little way of

    15           knowing whether I had the authority to make a statement about

    16           a particular site, they would have to have some ability to

    17           resolve that this person had some relationship to the site

    18           that was being spoken of.  So, if I'm a do-gooder and wanted

    19           to talk about some other site I may or may not have the

    20           authority or maybe I'm just trying to be mean to somebody or

    21           they are a competitor of mine, Surf Watch would have to go

    22           through some mechanism to insure that I had the right to

    23           speak of that site.  So, in a true literal sense, sure, I

    24           could call up Surf Watch and say the Reuter (ph.) vendors

    25           think that the information about their products on my site is

                                                                            74

     1           dirty because it paints them in a bad light and you should

     2           block that, I could do that, but I would suspect Surf Watch

     3           would be a little curious as to why -- whether I had the

     4           right to do that.

     5           Q   Well, I'm concentrating on the good-faith actions of

     6           content providers and you have conceded that they could

     7           certainly call Surf Watch -- you can E-mail Surf Watch,

     8           right?

     9           A   I don't know their E-mail address, but I assume that

    10           they're on the net --

    11           Q   You could fax --

    12           A   -- it would be silly if they were not.

    13           Q   You could fax Surf Watch?

    14           A   Again, I don't know their fax number, but I assume you

    15           can.

    16           Q   You could hyperlink Surf Watch from your site, correct?

    17                    JUDGE SLOVITER:  What would this -- let's get back

    18           to the question and what would it say, if you faxed Surf

    19           Watch what is your question, so we can --

    20                    MR. BARON:  The question is whether a content

    21           provider could take an affirmative action if they had a site

    22           that they wished to block because of whatever reason, for

    23           example, that it was not appropriate for minors, and they

    24           wanted to inform the parental control software companies that

    25           are out there, and Surf Watch is my example, could they take

                                                                            75

     1           an easy, simple action to E-mail, fax, telephone or hyperlink

     2           that parental control software company to let them know that

     3           the site in cyberspace exists, that's what these questions

     4           are.

     5                    JUDGE DALZELL:  And your answer is yes?

     6                    THE WITNESS:  Except for the last one, hyperlink,

     7           I'm not sure what he means by that.

     8           BY MR. BARON:  

     9           Q   You can just put a click on a Web site and click it to

    10           the Surf Watch and they would -- it would be a link to them.

    11           A   That would bring up Surf Watch's home page, I'm not sure

    12           what that would gain us.

    13           Q   All right.  Well, putting that aside, wouldn't doing any

    14           of these affirmative actions cure the reliability problems

    15           that you yourself have stated with respect to Surf Watch?

    16           A   the reliability problems I believe that you're referring

    17           to are where I said that there was a window of vulnerability,

    18           if a primary method by which one of these blockers is working

    19           is that you have a list of sites which is distributed at some

    20           periodicity to update the local copy of the browser, there is

    21           a window between the time that a site comes on line and the

    22           time the site is discovered and the time that this update

    23           occurs, there's a window of vulnerability wherein Surf Watch

    24           wouldn't block a site that it otherwise would.  And if indeed

    25           there were some reliable methodology for getting a message to

                                                                            76

     1           Surf Watch indicating that this site is a funny site, and I'm

     2           in control of this site and I tell you it's a funny site and

     3           Surf Watch can verify that it's me and all that kind of

     4           thing, then sure, this would allow the window of

     5           vulnerability to be zero.

     6           Q   Let me just, because this is such an important point,

     7           read you what you said last Friday in your deposition and

     8           whether you would still agree, it's on Page 165, Line 10:  "I

     9           feel that there is some reliability problems in terms of

    10           using an exclusion list," that's with respect to parental

    11           control software, "keeping that exclusion list up to date is

    12           the biggest issue.  Until the exclusion systems that I have

    13           seen are updated on a weekly or a monthly basis for their

    14           exclusion lists, and new sites are being generated all the

    15           time, and between the time when a new site is generated and

    16           the time the exclusion list update comes in there is a period

    17           of vulnerability," that's the period you're speaking to

    18           today, correct?

    19           A   Yes.

    20           Q   Okay.

    21                    JUDGE SLOVITER:  But the technical feasibility is

    22           there?

    23                    THE WITNESS:  Yes.

    24                    JUDGE SLOVITER:  And the only question is, I gather,

    25           the --

                                                                            77

     1                    MR. BARON:  The lag time.

     2                    JUDGE SLOVITER:  -- comprehensiveness of it?

     3                    MR. BARON:  That's correct, your Honor.

     4                    JUDGE DALZELL:  Well, and the desire.

     5                    JUDGE BUCKWALTER:  And the what?

     6                    JUDGE DALZELL:  And the desire.  I mean, many of the

     7           plaintiffs in this case who some reasonable people might

     8           think are purveying, we'll use the motion picture parlance,

     9           NC-17 say we're not doing that at all, we're giving safe sex

    10           information, okay?  Now, in the questions you're asking

    11           should they advise Mrs. Duvall we're NC-17 even though they

    12           don't think they should?

    13                    MR. BARON:  I am establishing through this --

    14                    JUDGE DALZELL:  Is that what you're getting at?

    15                    MR. BARON:  Your Honor, that's a different legal

    16           issue and it is, I would submit, a legal issue.  I am asking

    17           questions to the witness about a technical issue on the safe

    18           harbor provisions.

    19                    THE COURT:  Okay, fine.

    20           BY MR. BARON:  

    21           Q   Let's turn to another area of cyberspace and I regret

    22           that there's a whole new terminology associated with it --

    23                    JUDGE SLOVITER:  Okay, you'll go slow.

    24                    (Laughter.)

    25           BY MR. COGAN:  

                                                                            78

     1           Q   UseNet, what is it?

     2           A   I won't go into the history that I did when we talked

     3           last Friday, suffice it to say, it's a outgrowth of a

     4           distributed bulletin board system that started with computers

     5           calling each other up over the telephone and has migrated to

     6           providing the communication over the Internet.  There's a few

     7           hundred thousand UseNet servers, they're just computers

     8           around the world running UseNet server software.  They

     9           receive news group articles, which are just messages like E-

    10           mail messages, there's a characterization of a news group at

    11           the top of the article.  News group articles are

    12           hierarchically organized, so it's -- one that I happen to

    13           read is rec.autos.sport.F1, because I happen to be a Formula

    14           One car racing fan, and so this is articles about car racing,

    15           about Formula One car racing, and it's put into a separate

    16           directory on the server.  And then as I as a client can -- I

    17           as an observer can fire up a news client, which would then go

    18           off and I could tell it I want it to look at this subset, and

    19           it would show me the articles in the Formula One subsection.

    20           Q   Okay, thank you.  And what is known as NNTP?

    21           A   Network News Transfer Protocol is the language which is

    22           used for the UseNet servers to talk to each other over the

    23           network itself, it's a handshaking mechanism by which a

    24           server tells another server I've got Article Number 1234 from

    25           Site 7, do you want it, and the other server can say yes or

                                                                            79

     1           no.

     2           Q   And what are ISP's?

     3           A   Jumping around in technology a little bit here.  ISP is

     4           the term that was actually coined by the National Science

     5           Foundation, it refers to Internet Service Provider, it's a

     6           company or an organization which is providing connectivity,

     7           Internet connectivity.  It may or may not also include

     8           services such as news services or time services or E-mail

     9           forwarding or things that, but the fundamental service that

    10           it's offering is connectivity, the ability for Internet

    11           protocol packets to get from your local network to out into

    12           the Internet to -- theoretically to some other local network

    13           some place else.

    14           Q   Are there approximately 15,000 global UseNet news groups?

    15           A   There are somewhere -- there is actually probably

    16           considerably more than that news groups, as far as global

    17           news groups, it's a very hard number to determine because it

    18           depends on one's definition.  I ran the news server at

    19           Harvard for a long time and I was getting Japanese news

    20           groups.  Now, I would have stopped them except there were

    21           some people at Harvard who wanted to read the Japanese news

    22           groups, they were in transcribed Japanese, which I couldn't

    23           read at all, it looked like encrypted text to me.  So, there

    24           -- it's hard to define.  I would say that because I was

    25           getting those in Boston and they were being generated in

                                                                            80

     1           Tokyo those are global news groups.  If we're using that kind

     2           of definition there are at least that and probably more, but

     3           I don't know for sure.

     4           Q   Would you say there are approximately 100,000 articles

     5           posted today?

     6           A   That's a reasonable estimate for the ones which go out on

     7           the -- in that set of, quote, "global news groups."

     8           Q   Now, this is a simple question, but how do you post an

     9           article on UseNet?

    10           A   You compose a message, textural message usually on your

    11           UseNet client, which many of the browsers now include, and

    12           you say -- you tell that client which list of news groups you

    13           wish to post it to.  The client then contacts the local

    14           server and says here is an article for news group

    15           rec.sport.autos.F1, and then hands it off to the server.

    16           Q   Is there any difference with moderated news groups in

    17           terms of how an article is posted to UseNet?

    18           A   There is no difference on how it's posted, what happens

    19           after it's posted is different.  In an unmoderated news group

    20           when I do that posting to rec.autos -- rec.auto.sport.F1 my

    21           server would then automatically distribute it to all other

    22           servers which it had a communication with, which is at

    23           Harvard there may be a dozen different servers that it

    24           interacts with, so there would be about a dozen different

    25           computers it would send off this article to.  And they would

                                                                            81

     1           then propagate across the world, servers talking to their

     2           adjacent servers, just distributing it in an ad hoc

     3           interconnection mode, nobody controls that.  In a moderated

     4           news group the posting would then go to my local server and

     5           then on that server it looks up and says, oh, this is a

     6           moderated news group, there is a list of moderators which is

     7           maintained on a few dozen sites which allow -- which would

     8           support the service of providing this forwarding list.  My

     9           server doesn't maintain one now, I used to but I'm no longer

    10           in charge of that server, so I don't do this anymore.  But

    11           the server that I would deal with would then look at it and

    12           say it's a moderated news group, I need to send it off to a

    13           server which contains a list of moderators, so it sends it

    14           off to one of these sites around the country -- around the

    15           world which contain the list.  It would then go -- that site 

    16           would then go through the list, forward this posting, which

    17           is really a textural message in my case, off to the

    18           moderator, which would then do whatever the moderator wanted

    19           to, including just automatically forward it into the news

    20           group or put it in their in box and read it, doing whatever

    21           the moderator wants to do and that would depend on the

    22           moderator, there is no set set of procedures or rules or

    23           software to support moderator functions.

    24                    JUDGE SLOVITER:  When I read your direct testimony I

    25           wondered about this, when you say a moderator you mean a two-

                                                                            82

     1           legged, regular person?

     2                    (Laughter.)

     3                    THE WITNESS:  Anybody --

     4                    JUDGE DALZELL:  To wit, a human.

     5                    JUDGE SLOVITER:  Yes.

     6                    THE WITNESS:  Anybody who is willing to sit through,

     7           in the case of rec.autos.F1 it's now two or 300 messages a

     8           day, anybody who is willing to sit through two or 300

     9           messages a day to decide whether they should be out I

    10           wouldn't necessarily call a regular person, but --

    11                    (Laughter.)

    12                    JUDGE SLOVITER:  I guess I asked for that.  Who pays

    13           these people?

    14                    THE WITNESS:  These are -- almost all of these are

    15           voluntary efforts.  There may be -- there are moderated news

    16           groups which are provided by corporations.  For example, a

    17           company building some product may have a moderated news group

    18           which speaks -- talks about that product as a subset of the

    19           news group hierarchy which is specifically for business and

    20           it's a bus., dot, company name, dot, product, and they --

    21           those companies may pay a moderator to cut out redundancies

    22           or to answer the questions that show up in the mailing,

    23           whatever they want to do.  But the vast majority of the

    24           moderators are volunteers.  And there are quite a few

    25           moderated news groups, but the busy ones tend not to be

                                                                            83

     1           because it's just too much of an effort for a volunteer to

     2           do.

     3           BY MR. BARON:  

     4           Q   But to summarize here, the moderator's role is to decide

     5           what messages are forwarded to the news group, correct?

     6           A   That is correct.

     7           Q   Could you describe the term hierarchy as it applies to

     8           the UseNet groups?

     9           A   Hierarchy is just as the -- what I said, that the Formula

    10           One news group is in rec.autos.sport.F1.  Rec. is a

    11           subsection of the news groups which are for recreation, autos

    12           is a subgroup of the recreational, which is dealing with

    13           autos; there's also sky diving and things like that in that

    14           same recreational.  Within autos there's people who want

    15           sports, which is what I'm interested in, but there's also

    16           folks who do restorations of antique cars and there's a

    17           subgroup for them.  And then within the sports category

    18           there's half a dozen or so different categories and the one

    19           that I happen to be interested in is Formula One.  So, the

    20           hierarchy is that listing of -- it's the tree which winds up

    21           with a specific pointer to a specific news group.

    22                    JUDGE SLOVITER:  And that's a vehicle by which you

    23           get to precisely that which you're interested in?

    24                    THE WITNESS:  That is in theory the case.  In

    25           practice people are a little less discriminate in what they

                                                                            84

     1           post to news groups than perhaps they should be, but the aim

     2           is to make it so that the subgroup -- the news group is as

     3           closely focused on the topic you're interested in as

     4           possible.  When I first started out doing this news group

     5           stuff it was -- rec.autos was the division and in rec.autos

     6           there may be two dozen messages a day.  And then when that

     7           built up so that the volume was high they broke it up into 

     8           -- under autos they put sport and restoration and et cetera

     9           to further subdivide it, in order to try and make it more and

    10           more focused.

    11                    JUDGE SLOVITER:  But the reliability is dependent

    12           upon whoever is labeling it -- I'm not sure that's the right

    13           word in --

    14                    JUDGE DALZELL:  Posting it.

    15                    JUDGE SLOVITER:  Posting it, thank you.

    16                    THE WITNESS:  Posting.  Whoever puts down on their

    17           browser, when they say post it they write down what news

    18           group it should group -- news group or news groups it should

    19           go into and it's entirely dependent on that person making the

    20           correct choice, that is correct.

    21           BY MR. BARON:  

    22           Q   So, let me just try to recap that.  You said that some

    23           individuals might post indiscriminately to news groups that

    24           are sort of off-topic, but the point is that the individual

    25           poster controls where he or she will post the article to

                                                                            85

     1           whatever the UseNet group is of the 15,000 --

     2           A   That's correct.

     3           Q   -- and all of the hierarchies therein?

     4                    We discussed the K-12 hierarchy in our -- last

     5           Friday, could you just tell the Court what a K-12 hierarchy

     6           is?

     7           A   I know about the K-12 hierarchy only because they started

     8           -- they started it up at a time when I was running the

     9           Harvard news server, it's a sub-hierarchy that's specifically

    10           designed for people in the kindergarten through 12th grade

    11           with specific classes or specific topics.  K-12, dot, one was

    12           for the first grade and they had topics relevant either to

    13           teachers or to students within first grade.

    14           Q   Could you describe for the Court what the difference

    15           between the alt. hierarchy and the other hierarchy is?

    16           A   Alt. hierarchy is the one which is, let's say, more --

    17           more traditional in the Internet sense of chaos.  The other

    18           hierarchies, the rec. hierarchy, the science hierarchy, the -

    19           - there's a few dozen, K-12 hierarchy, et cetera, are

    20           hierarchies where there is an agreement amongst the people

    21           running the servers, on the main servers that they will have

    22           a controlled method for creating new news groups.  And the

    23           controlled method is that somebody proposes a news group to a

    24           particular news group, which is about discussing proposing

    25           new news groups, and it's discussed on there and if there's

                                                                            86

     1           enough support indicated by E-mail to the proposer that this

     2           particular news group should exist then the proposer can put

     3           in a news group creation request, which will then propagate

     4           across the net.  One of the things that happens is there is a

     5           few places which maintain lists of, quote, "legitimate news

     6           groups" within different hierarchies and these lists are

     7           periodically posted to UseNet, to the UseNet as another

     8           article.  The UseNet software can be configured to

     9           automatically review that list of legitimate news groups and

    10           delete any non-legitimate news groups, any news groups which

    11           do not appear in this list.

    12                    JUDGE SLOVITER:  What would be a non-legitimate news

    13           group then, just because it doesn't appear?

    14                    JUDGE DALZELL:  It's considered irrelevant?

    15                    THE WITNESS:  It's -- the structure is that, let's

    16           say, I wanted to create a news group on rec.auto.sport.F2,

    17           which is Formula Two.  Well, there doesn't happen to be a lot

    18           of Formula Two activity these days.  And after some

    19           discussion on the group -- on the new group list it was

    20           determined there isn't much support for that, and I go create

    21           it anyway, then the maintainer of the official list would

    22           say, well, that didn't get enough support, it didn't go

    23           through the right process to get that news group created, so

    24           that's an illegitimate news group, so I won't put it on the

    25           check list that goes out periodically.  So then automatically

                                                                            87

     1           when this check list goes out, some sites have set it up to

     2           automatically delete those unapproved news groups, others

     3           send mail to the news group operator or whatever.  Alt. news

     4           groups do not have somebody who is maintaining that list of,

     5           quote, "legitimate," which means that news group are created

     6           ad hoc-ly by anybody, literally anybody in the hierarchy. 

     7           So, there is a news group that's alt., dot, Swedish, dot, f,

     8           dot, borg, dot, borg, dot, borg, dot, borg, which I kept

     9           trying to remove, but it kept coming back.  But there's

    10           nobody making any kind of check as to what -- any kind of

    11           list of what is a legitimate one.  So, the alt. hierarchy is

    12           the old chaos of the Internet, free-will kind of hierarchy.

    13                    MR. BARON:  It might be helpful to look at an

    14           exhibit, if you would turn to Defendant's Exhibit 10 and see

    15           what we're talking about in terms of the alt. hierarchy.

    16           BY MR. BARON:  

    17           Q   I concentrate on the last two pages of this exhibit.  The

    18           exhibit is from something called the Internet Yellow Pages,

    19           Second Edition; you've seen that book, haven't you, Mr.

    20           Bradner?

    21           A   You showed me this same thing last week and I have seen

    22           earlier editions of this publication.

    23           Q   Would it be fair to say that within the alt. hierarchy

    24           there's an alt. binaries sub-hierarchy?

    25           A   That's one of many in the alt. hierarchy, yes.

                                                                            88

     1           Q   And there's an alt. sex sub-hierarchy

     2           A   That's correct?

     3           Q   Any particular ISP can decide whether to include the alt.

     4           sex hierarchy or the alt. binaries hierarchy, correct?

     5           A   This was a question that you asked me last week and I

     6           maintained that you were using the term ISP incorrectly in

     7           this context.  Any operator of a news server can determine

     8           what news groups that that news server will and will not

     9           maintain -- will and will not accept, and will and will not

    10           maintain.  Some ISP's run news servers, some ISP's do not run

    11           news servers.  So, to say that an ISP does this is an

    12           incorrect characterization, a news server operator can make

    13           that choice.

    14           Q   Okay.  Could you tell the Court what binary files are?

    15           A   Binary is the computer jargon for a bit pattern which is

    16           used to represent any one of a number of things, for example

    17           an executable program, if you want a new helper AP, a new

    18           thing which draws pretty pictures on your screen when the

    19           screen is supposed to be idle, a screen saver, there are

    20           binary programs available to do that, you download them.  In

    21           actuality UseNet only transmits printing characters, so in

    22           order to deal with the binary nature, the nature of non-

    23           printing characters, because the actual executables in the

    24           computer are stored in a eight-bit bit pattern which turns

    25           into gibberish when you try and print it, they actually

                                                                            89

     1           translate each eight-bit character into two printing

     2           characters and then retranslate it back into -- you can

     3           retranslate it back into a printing -- into a binary pattern

     4           at your local site, on your local client.

     5           Q   Just to be clear, can binary files include graphical

     6           image files, and I'm using that in the lower-case sense of

     7           the term?

     8           A   Binary files can be, as you pointed out before when you

     9           were talking about URL's, they can include graphics files,

    10           motion pictures, sound, program -- pieces of program, sub-

    11           routines, but it can be -- you can get your voice mail via E-

    12           mail by including it in a binary file.

    13           Q   Individuals can post binary files to any UseNet news

    14           group, correct?

    15           A   In -- anybody can post --

    16           Q   Other than moderated groups, I don't mean it to be a

    17           trick question, I'm sorry.

    18                    JUDGE SLOVITER:  You mean you'll let him know when

    19           you do?

    20                    MR. BARON:  Right.

    21                    (Laughter.)

    22                    THE WITNESS:  Well, I was going to catch you on that

    23           anyway.  Anybody can post any file to any news group; if it

    24           is moderated, the moderator can control what goes in there. 

    25           All files look the same, because they -- as long as they have

                                                                            90

     1           the formatted point at the top, the formatted text at the top

     2           indicating a news group name and an article I.D., then

     3           they're in the correct format and the news servers know how

     4           to deal with them.  The contents after that just look like

     5           printing characters, some of which are -- have sense to them

     6           and some of them don't, the ones that are binary tend not to. 

     7           But so do the ones, for example, that are slightly distorted

     8           in order to make them not easily -- not trivially readable

     9           because it's, I don't know, a dirty joke or something, they

    10           have a very simple encrypting mechanism called Rot 13 or

    11           Rotate 13, it comes from one of the ciphers that Caesar used,

    12           as I recall.  You just substitute its -- you take every

    13           letter in the alphabet and take the 13th one in a round trip

    14           -- or further along in the alphabet.  And, so, that looks

    15           like gibberish too, but in actuality it's a one-character-

    16           per-one-character substitution.

    17           Q   But it's an encryption scheme?

    18           A   It's an encryption scheme.

    19           Q   Let me -- forgive me if I'm being redundant, but you can

    20           also post graphical image files to any UseNet group, correct?

    21           A   I think I just said that.

    22           Q   Okay.  Therefore, one makes a conscious choice when you

    23           post graphical image files or binary files whether you're

    24           going to post them to the alt. sex hierarchy, the alt.

    25           binaries hierarchy or any other place on UseNet, correct?

                                                                            91

     1           A   Just as one makes a choice when posting any article.

     2           Q   Okay, thank you.  

     3                    May we turn to Defendant's Exhibit 12?

     4                    (Pause.)

     5           Q   Do you recall my showing you this exhibit on Friday?

     6           A   Yes.

     7           Q   Could you best characterize this, maybe you can do it

     8           better than I as to what this sort of artificial construct

     9           represents in terms of header information in UseNet?

    10           A   It represents the basic UseNet header, which is present

    11           on all UseNet news messages -- articles, plus some things

    12           which are not in the basic.  The ones labeled "mime version"

    13           and "content type" and "content transferring coding" and "X

    14           mailer" are ones which are not part of the basic set that's

    15           part of UseNet, it's the UseNet format itself.  The others,

    16           the path is the sequence of computers that this article went

    17           through, and that path can be 30 or 40 or 50 computers long;

    18           the from is the stated name and E-mail address of the source

    19           of the message; the news groups is the list of news groups

    20           that the message was for; the date is the date; organization

    21           is the stated organization of the poster; the message I.D. is

    22           an important thing, because it is what is used to

    23           undifferentiate two messages which otherwise may look the

    24           same and make sure that messages don't loop around in the

    25           network forever, a data base is maintained of message I.D.'s

                                                                            92

     1           which is relative to -- the message I.D. includes the source

     2           post's name, so Message 13 from this host is not repetitively

     3           posted to the news group accidentally.  And the NNTP posting

     4           host is also not part of the original basic code, it's

     5           something that was added when NNTP came into play.

     6           Q   Can we just hold that as a place holder here and explain

     7           for the Court what a news reader is?

     8           A   A news reader is a piece of client software that -- in

     9           current environment most of them go off and speak NNTP to a

    10           news server, a UseNet server.

    11           Q   Am I correct that some news readers are embedded in

    12           browsers?

    13           A   Yes.

    14           Q   And some news readers have the ability to do what you

    15           term threading, i.e. they follow articles based on the

    16           subject line of the posting, correct?

    17           A   That's correct.

    18           Q   Back to this exhibit, in theory an enhanced protocol for

    19           UseNet could include an extra line which essentially embeds

    20           content information, correct?

    21           A   Yes.

    22           Q   Thank you.

    23                    Let me turn more quickly to other applications on

    24           the Internet.  You have described IRC, could you explain for

    25           the Court what Internet Relay Chat is?

                                                                            93

     1           A   Internet Relay Chat is a way by which if I type on my

     2           keyboard it can appear on the screens of many people around

     3           the world simultaneously, and when they type on their

     4           keyboards it appears on my screen and other screens.

     5           Q   I just have one question for you, Mr. Bradner:  There are

     6           moderators or channel operators on IRC, correct?

     7           A   In some cases there are, in other cases there are not.

     8           Q   And those are human moderators, human channel operators,

     9           correct?

    10           A   The only ones that I know of are.

    11           Q   Okay.

    12           A   Some I have question about, but...

    13                    (Laughter.)

    14           Q   All right, let's move to List Serves, could you explain

    15           briefly for the Court what they are?

    16           A   List Serve is a -- actually a product name, it would be

    17           better to refer to it as an E-mail exploder.  You send E-mail

    18           to a piece of software which then re-sends this piece of E-

    19           mail to a list of recipients, that list can be quite

    20           extensive.  The ones I run on my local machine, I have an E-

    21           mail exploder for one of the IETF working groups, it has two

    22           or 300 -- maybe it's 180 now, I pruned it a little recently,

    23           different addresses that I have -- any message sent to that

    24           address, BMWG at Harvard, dot, EDU will be in turn forwarded

    25           to this list of addresses.  List Serve is a particular

                                                                            94

     1           product that implements this kind of E-mail exploder.  It has

     2           some fancy features because it can deal with -- it can talk

     3           with other List Serves over the network and some con --

     4           regulation of what's -- which -- who -- which exploder has

     5           which addresses to forward to.  But basically what you really

     6           mean is an E-mail exploder.

     7                    JUDGE SLOVITER:  So, once again, it's a vehicle by

     8           which one expands the recipients without the sender -- or the

     9           source necessarily knowing where it's going?

    10                    THE WITNESS:  Specifically that is the case.

    11           BY MR. BARON:  

    12           Q   I just have one question, Mr. Bradner:  There are

    13           moderators on List Serves or E-mail exploders, correct?

    14           A   I would say on the majority of them there are not.

    15           Q   But there are some?

    16           A   There are some.  I actually currently, personally do not

    17           deal with any E-mail exploders that do happen to have

    18           moderators, all of the ones that I deal with are ones where I

    19           send mail to the exploder itself and it just forwards it.  A

    20           moderator, I would send the mail to the moderator and then

    21           the moderator would in turn send it to the exploder list.  I

    22           don't happen to deal with any, I know that some exist.  All

    23           of the ones in the IETF, for example, for all of the working

    24           groups are unmoderated.

    25           Q   Let's turn to E-mail and I just have one question:  It's

                                                                            95

     1           true, is it not, that some E-mail user agents allow you to

     2           separate out the mail based on the source of the message, the

     3           subject line of the message or a combination of those,

     4           correct?

     5           A   That is correct.

     6           Q   Have you heard of Eudora?

     7           A   Yes, I have.

     8                    JUDGE DALZELL:  What's that?

     9                    MR. BARON:  Eudora.

    10                    JUDGE DALZELL:  As in wealthy?

    11                    (Laughter.)

    12           BY MR. BARON:  

    13           Q   You have an extensive background in FTP, file transfer

    14           protocol, correct?

    15           A   I'm not sure that it's an honor to say that, but, yes.

    16           Q   You told me that last Friday.  Conceptually, it is

    17           possible to block access to an FTP site, is it not, on an a

    18           priori basis by means of a password, correct?

    19           A   Yes, if FTP is a way that I can sit at a client and ask

    20           to access to a server, an FTP server, and there are two ways

    21           to do that:  One is what is called anonymous FTP, by which I

    22           give the log name anonymous when asked for my log name, my

    23           user name, and then I give my name as a password just to

    24           indicate for tracing purposes who I am, but of course that

    25           depends on who I say I am.  This is the way that a huge

                                                                            96

     1           percentage of the large data files, including for example the

     2           version of Flatland that I referred to earlier and all of the

     3           material on my machine are provided, they're provided by FTP. 

     4           There is an alternate way, which is if I don't want to

     5           provide general access to some files then I can -- I can

     6           restrict that access to a password -- a user name and

     7           password protected, just as I restrict access to my local

     8           computer to people with -- that I have given accounts on the

     9           local computer to.

    10           Q   The FTP protocol was standardized through the IETF RFC

    11           process, correct?

    12           A   It was standardized very, very early, I wouldn't say that

    13           it was -- it was standardized early on, so I'm not sure that

    14           you could characterize it as going -- it definitely didn't go

    15           through the proposed and draft and full standard kind of

    16           process, it was one of the very first protocols on the

    17           Internet a long time ago.  So, it way predates my

    18           involvement, so I couldn't speak with expertise on exactly

    19           how it was standardized, but my guess is some people got --

    20           sat down and said this is the way we're going to do it and,

    21           bingo, that's the way it was going to get done.

    22           Q   Now, let me switch gears here.  You told me last Friday

    23           that at Harvard there are many individuals who download to

    24           older versions of Netscape browsers for free, correct?

    25           A   They download the version that is free.

                                                                            97

     1           Q   Okay.  You stated last Friday in your deposition that the

     2           Internet is, quote, "becoming pervasive," unquote, do you

     3           stand by that statement?

     4           A   And by pervasive I mean omnipresent, it is available

     5           anyplace.  I can call from my hotel room, which I did this

     6           morning, and log in to read my E-mail.  Soon I will be able

     7           to plug into a jack in the wall and identify myself and have

     8           Internet connectivity in the hotel room.  So, it is avail --

     9           it will be -- it's becoming available wherever I want to go

    10           in and plug in and ask -- and identify myself -- connect to

    11           my home computer and then identify myself to the home

    12           computer with a log name password combination.  And in that

    13           con -- the context in which I said pervasive I meant that it

    14           was becoming omnipresent, an ability for me to get it

    15           wherever I am.

    16           Q   The Internet is also changing, correct?

    17           A   Oh, at least.

    18           Q   You recall that I asked you a visionary question last

    19           Friday, correct?

    20           A   You asked me to make a speech and I did.

    21                    (Laughter.)

    22           Q   And I asked you to discuss with me where you saw the

    23           Internet going in the 21st Century, right?

    24           A   Yes.

    25           Q   And you expressed the view that there is not going to be

                                                                            98

     1           an Internet as we know it today in the year 2000, correct?

     2           A   The year 2000 or shortly thereafter, that's correct.

     3           Q   Let me quote you from the deposition and ask whether you

     4           stand by this statement, you said, I'm quoting your speech,

     5           "Will there" -- it's Page 312, Line 19 -- Line 18, you said

     6           that you were giving a talk.  "Will there be an Internet in

     7           the year 2000?"

     8                    Line 19:  "My conclusion is that in the year 2000 or

     9           shortly thereafter there will not be an Internet and by that

    10           I mean the Internet of today, that which people see and

    11           understand as the Internet is a differentiable data service. 

    12           It's something that you see that is different than your

    13           television service, it's different than your telephone

    14           service, it's different than your fax service, it's a

    15           different thing than what you have, what you use for doing

    16           other functions.  I believe that in the year 2000 or shortly

    17           thereafter we will have a unified general data service.  In

    18           certain parts of the country already we have had a crossover

    19           between the amount of information carried as voice for the

    20           voice telephone network and the amount of information carried

    21           as data."

    22                    And skipping down to Line 20:  "This will become

    23           universal in the U.S. within the next half dozen years and

    24           there won't be something that you would say that's the

    25           Internet."

                                                                            99

     1                    Do you stand by those statements?

     2           A   Yes.

     3           Q   Thank you, Mr. Bradner.  

     4                    MR. BARON:  I have no more questions.

     5                    JUDGE DALZELL:  But this unified general data

     6           service would act in similar ways that you have described

     7           both this morning and in your declaration, would it not?

     8                    THE WITNESS:  Yes.  And what I meant by saying what

     9           I did was that right now you go and you go and buy telephone

    10           connection and telephone service from this vendor, and you go

    11           and you buy your cable service from that vendor, and you may

    12           go buy your electric utility from some other vendor, I

    13           predict in the future that you won't be able to differentiate

    14           between vendors, you will have a pipe into the house or maybe

    15           competition for pipes into the house and you plug this

    16           instrument onto it, onto this pipe and you get telephone and

    17           you plug this instrument onto the pipe and you get cable T.V.

    18           and you plug this instrument onto the pipe and you get

    19           whatever is the successor to the Web.  And I believe there's

    20           a successor to the Web, I don't know what it is, but I

    21           believe that there will be some other way, some additional

    22           ways for a user to find things and interact with services

    23           around the globe and, in particular, doing that in a way

    24           which -- right now a great deal of the Internet is dependent

    25           on the voluntary efforts of individuals to provide material

                                                                           100

     1           and I believe that in the long run that this -- the

     2           facilitating of this global, global and ubiquitous data

     3           service, one of the facilitating factors would be mechanisms

     4           for making it economically reasonable for content providers

     5           to provide content.  That -- it's a real mixed bag though, I

     6           mean, one of the big things about a universal service like

     7           this is that it doesn't get controlled very easily.  So,

     8           those environments where governments would like to control

     9           content, for example Singapore and China both have announced

    10           recently that they are working on figuring out ways to

    11           control content that their citizens can get over the net,

    12           over the Internet, the current Internet, this is a very big

    13           threat to that kind of their perception of what the social

    14           order should be.  And I see this -- the Internet of the

    15           future being both a combination of a promise of tremendous

    16           reachability of availability of knowledge, availability of

    17           interaction, people interacting with people, and a threat to

    18           -- perceived threat to the ability to control what citizenry

    19           get, and that it is the balance between the perception of

    20           that threat and the reaction to the perception of that threat

    21           and the promise.  I personally would rather focus in on the

    22           promise.

    23                    MR. BARON:  Thank you.

    24                    (Discussion held off the record.)

    25                    JUDGE SLOVITER:  The Court thought that we would

                                                                           101

     1           break now before you begin your redirect, to give you the

     2           opportunity to catch your breaths.

     3                    MR. MORRIS:  Your Honor, that would be fine.  We

     4           have a somewhat unexpected scheduling problem, both the

     5           Government and we anticipated that Mr. Bradner's testimony

     6           would take a much shorter time than it has now.  Mr. 

     7           Bradner -- 

     8                    JUDGE SLOVITER:  We didn't anticipate that.

     9                    (Laughter.)

    10                    MR. MORRIS:  Mr. Bradner has a very important

    11           meeting relating to some international protocols

    12           negotiations, he -- in Washington, D.C. late this afternoon. 

    13           He would absolutely be able to return first thing in the

    14           morning and, if it would be acceptable to the Court and the

    15           Government, we would suggest that we break for lunch and ask

    16           Mr. Bradner to return first thing in the morning.

    17                    THE COURT:  Is that congenital to the Government?

    18                    MR. BARON:  In theory, your Honor, it would be

    19           acceptable, but depending on the length of the questioning,

    20           it may be just for a few minutes and therefore it can be

    21           done.

    22                    THE COURT:  Well, what's your anticipation, Mr.

    23           Morris?

    24                    MR. MORRIS:  I think we probably would only go for

    25           15 or 20 minutes.  I don't know how many questions the Court

                                                                           102

     1           might have...

     2                    JUDGE SLOVITER:  The Court thinks tomorrow morning?

     3                    JUDGE DALZELL:  That's fine.

     4                    JUDGE SLOVITER:  The Court thinks tomorrow morning.

     5                    JUDGE DALZELL:  I will have some questions.

     6                    JUDGE SLOVITER:  Is that all right with you?

     7                    THE WITNESS:  Yes.

     8                    JUDGE DALZELL:  Is that all right with you?

     9                    THE WITNESS:  Yes.

    10                    JUDGE DALZELL:  Okay?

    11                    JUDGE SLOVITER:  Even if you come back to lovely

    12           Philadelphia just for 15 minutes, you don't mind?

    13                    (Laughter.)

    14                    JUDGE DALZELL:  It's on the way to Harvard.

    15                    THE WITNESS:  Yes.

    16                    JUDGE SLOVITER:  We will resume at 1:30.

    17                    (Luncheon recess taken at 12:10 o'clock p.m.)


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