December 2000 - cypherpunks-legacy

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by ultratrim2000＠aol.com 13 Dec '00

13 Dec '00

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(no subject)
by AL 13 Dec '00

13 Dec '00

NO LOTTERY NO POOLS NO HORSES NO FOOLS Support each other instead of Camelot,littlewoods etc.Do you spend money on the lottery or the pools? The chances of a big win on the lottery is in the region of 13 million to 1. PLEASE TAKE JUST 5 MINUTES TO READ THIS; IF YOU TAKE ACTION-IT COULD CHANGE YOUR LIFE! There is a catch-YOU need to FOLLOW THROUGH to make it work.There is little effort involved as it's not something for nothing.If no one played the lottery or did the pools,the chemes wouldn't work.Most people are happy to spend a few pounds each week and KNOW they will NEVER win. Just follow through on this one and be a WINNER.Make it work for YOU and we will all reap rewards. Dear Friend My name is Sally Brooker.In December 1995 I lost my job when the company I was working for went out of business.The bills kept coming in and i found it increasingly hard to make ends meet.I was at my wits end.In January 1996 ,a good friend recieved a letter from a self made millionaire,David Rhodes from Norfolk,showing her how to earn #50,000 quickly and easily.My friend was very sceptical but by then i was really desperate so,as i had nothing to lose and everything to gain,i borrowed some money from my father and gave it a try. The response was beyond my wildest dreams.By March i had paid back all the borrowed money and had enough left to treat my parents to a holiday in Spain.In June,I bought a new car for CASH I have now earned over #280000 and have recently bought a new house.I am convinced i will become a millionaire in the next 12-18 months.This programme has worked perfectly every time and I HAVE NEVER FAILED TO RECIEVE AT LEAST #50,000 FROM EACH MAILING. This is a legitimate business opportunity :an absolute legal money making programme. It requires no selling or special skills and best of all you only need to leave home to post a few letters.If you belive that some day YOUR DREAMS WILL COME TRUE and you'll be the one to get that lucky break then simply read and follow the instructions below.IT REALLY DOES WORK. FOLLOW THESE NEST FIVE INSTRUCTIONS EXACTLY WITHIN SIXTY DAYS AND YOU WILL RECIEVE AT LEAST #50,000 CASH 1). Immediately send #1 coin to each of the seven names below.Sellotape the #1 coins inside some folded cards with your name address and postcode clearly written and the instructions "please add my name to your mailing list" and seal these cards inside envelopes for security purposes.This is a legitimate business service for which you are paying seven people the sum of #1 each. 1.G Bishop 19 Strathalmond Park Edinburgh,Lothian EH4 8AJ 2.J.Weyland 3 Kent Road Rusholme Manchester M14 5RF 3.S.khadim 30 Cawdor Road Fallowfields Manchester 4.K Smith 60 Park Lea Bradley Huddersfield HD2 1QH 5.A Hayyat 23 Holly Court room 166 oak house manchester m14 6hx 6.F.Brighton 23 Wharfedale Runcorn Chesire WA7 6PS 7 K.B SYKES 4 Cowlersley Lane Huddersfield HD4 5TY 2) Remove the name from position 1 on the list and move all the other names up one place,so that number 2 become number 1 and so on.Then insert your name and address in position 7.Now all you need to do is email this to all your friends or send out letters to a mailing list.It is not necessary to pay for printing in order to do this,this can be done easily by typing or printing the seven names and addresses on a strip of paper and gluing it over the existing names and addresses before photocopying or if you have a computer before retyping. 3) Photocopy or print 200 or more double sided copies of this letter (or use email whichever seems easier) which now has your name in position 7.(TIP the more you send the more you will earn). 4)(if using mail) Buy a list of 200 or more "opportuniy seekers" on self adhesive labels from a mailing list company.Some are listed below and many others in Exchange & Mart, Yellow Pages, Sunday Papers etc Links direct 23 lancaster drive titbury burton on trent staffs DE13 9LT 01283 815333 new horizons scope house weston road crewe chesire CW1 1DD 01270 250822 sharesv 24 tranmere crescent hatsham morecambe lancs LA3 2BD 01524 851245 imprint publishing 01320 340210 national mailing list 01246 290604 maple marketing 0181 8139868 MAKE SURE THE MAIL SHOT IS ON QUALITY LEADS BECAUSE THIS WILL AFFECT YOUR RESPONSE RATE Whle you are waiting for your mailing labels to arrive,your photocopied literature can be put in envelopes,sealed and stamps affixed.As soon as your labels arrive stick one to each envelope and post them to arrive on Friday or Saturday.The reason for this is because most people only like to look at things when they have time, which is invariably on the weekends Within 60 days you will recieve around #50,000 cash provided you have followed the instructions precisely.Keep a copy of this letter so that you can use it again whenever you need to make money. NOTE 1. As we are all just ordinary people seeking security,please play the game fairly.Be honest and do unto others as you would expect them to do unto you.That is do not try any short cuts or miss anything out. 2.As soon as you mail out these letters,you are automatically in the mail order business and people are sending you #1 to be placed on your mailing list.This is a service and is perfectly legal but you must send #1 to everyone on this list in order to make the contract and the mailing list legal. 3. You will only succeed if you follow the rules exactly,so please never break the rules. FACTORS THAT HOW DOES IT WORK When you mail out 200 letters or emails,at the modest response rate of 4% from your 200 letters/emails,8 people will send you #1.These people will send out their 200 letters (total 1600) and at the same rate 64 people will send you #1.These 64 people will send out their 200 letters (total 12,800 and so on) and at the 4% rate 512 people will send you #1.When these 512 people each send out 200 letters then a further 4,096 people will each send you #1.When 4,096 people send out 200 letters then an amxing 32,768 people will send you #1. That means a total of #299592 cash. Even if you only achieve the very poor response rate of 0.3% from your 200 letters,you will still recieve #55,986 cash at the end.However,when you obtain the truly realistic response rate of 5% you will actually recieve the staggering sum of over #1 million cash. David Rhodes and others exceeded 7.5% through a quality mailing list NOTHING VENTURED-NOTHING GAINED So read what two people who took the plunge have to say " About 10 months ago i recieved a letter from David Rhodes but instead of acting immediately i put it to one side and then lost it.Fortunately luck was on my side because a few weeks later this letter from Sally Brooker dropped through my letter box.This time i did it straight away but nothing happened for a couple of weeks.Then the money started rolling in and now im better off to the tune of #63,000.i recommend that you follow the instructions and have a go.I'm glad i did " "I am a sceptic by nature .i recieved at least 4 letters similar to this in the last nine months.However ,there was something different about this particular letter that caught my attention.It was down to earth,simple and honest.the intial cot is minimal and i also like the fact that all the participants recieved money,not just the person at the top of the list.I followed the instructions and sent off 7 #1 coins followed by 200 letters and hoped for the best.Nothing happened for the next 11 days then on the 12th day i recieved #48.by the end of the third week i recieved #609 but over the following 5 months i recieved a total of #131,879.I am going to do it again but this time i will send out 1000 letters.I know this sounds greedy ,but why not? " BUT REMEMBER THE GOLDEN RULE ACTIONS SPEAK LOUDER THAN WORDS-SO DO IT NOW!!! Please do not throw away this oppurtunity to make money.if you are still not interested then give this letter to someonne in need who may be unemployed so they can earn good money at home or share it with a friend.But why not do it yourself? What have you got to lose? Balanced against what you have to gain! Okay there's some effort involved so you have 2 choices-Do nothing ,Nothing will change! or do it and change everything! .Without casting a fishing line,how can you expect to catch a fish? So it is entirely up to you.Once again consider all the fact &factors and ask yourself "how genuine of an oppurtunity is it? AN OPPORTUNITY LIKE THIS HAPPENS ONCE IN A LIFETIME THE OUTLAY IS NEXT TO NOTHING-GIVE IT A TRY-YOU WILL BE AMAZED! YOU HAVE NOTHING TO LOSE BUT EVERYTHING TO GAIN. GOOD LUCK!!! if you think this message was sent in error or would like to be removed from the mailing list please reply with remove in the subject field

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Ofereça um giftcheque!
by info＠giganetstore.com 13 Dec '00

13 Dec '00

Se pretender visualizar esta informação numa página do seu browser em formato HTML, basta clicar aqui. <http://www.giganetstore.com/dynamic/promotions/mails/giftscheques.html> Ofereça um giftcheque! <http://www.giganetstore.com/gifts/giftcheque.asp?channelId=0> Este Natal brincar de Pai Natal vai ser muito mais fácil! Se ainda está indeciso sobre a prenda ideal, a giga <http://www.giganetstore.com/> netstore.com <http://www.giganetstore.com/> propõe-lhe giftscheques! <http://www.giganetstore.com/gifts/giftcheque.asp?channelId=0> Basta escolher o valor do giftcheque e descansar.Estará a oferecer exactamente aquilo que pretende! Ser-lhe-á entregue um código correspondente que deverá ser utilizado, pela pessoa a quem oferecer o cheque, na compra de qualquer produto na nossa loja. A giga <http://www.giganetstore.com/> netstore.com <http://www.giganetstore.com/> deseja-lhe um Natal muito mais descansado. Para retirar o seu email desta mailing list deverá entrar no nosso site http://www.giganetstore.com <http://www.giganetstore.com/> , ir à edição do seu registo e retirar a opção de receber informação acerca das nossas promoções e novos serviços.

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Fwd: Roadside DNA Tests On Citizens Planned
by JFA 13 Dec '00

13 Dec '00

http://www.telegraph.co.uk:80/et?ac=003986439041226&rtmo=aCau54uJ&atmo=rrrr… Electronic Telegraph, UK, Dec 10 2000 Roadside DNA tests planned By David Cracknell, Deputy Political Editor DRIVERS or other people stopped by police could be asked to supply on-the-spot hair or saliva samples to identify whether they are wanted criminals. Government scientists have developed a hand-held DNA testing kit to be carried and operated by police officers during regular patrols. The device would be electronically linked to the national DNA database, which Tony Blair has hailed as an essential tool in the fight against crime. The Forensic Science Service will disclose to Parliament this week that the equipment could be ready for standard use within a couple of years. The testing kit, which could become as common as the breathalyser or police baton, will dramatically cut the time it takes to match DNA evidence from crime scenes to suspects. It will raise fresh fears among civil liberties campaigners who believe that the pendulum has swung too far in the police's direction. Forensic scientists already expect that soon they will be able to use a single hair sample to discover a suspect's eye colour, facial characteristics, height and weight. They say that the next step will be portable testing kits that need little technical ability to operate. The FSS will give evidence to the House of Lords science and technology committee this week, telling peers that research on the kits is well advanced. It currently takes at least 48 hours to profile biological material collected from a crime scene, but the new kits could give police an instant lead if they were made standard issue. They would allow such tests to be carried out outside the laboratory for the first time. A spokesman for the FSS, which is a Government agency, said: "We feel that we have gone as far down the line as we can in terms of what a DNA profile can tell us about an individual and the next area we are looking at is speeding up the process." The Telegraph has seen written evidence to the Lords committee from one of the organisation's chief scientists, Dr Bob Bramley, and research documents. The committee began its inquiry after becoming concerned about the dramatic increase in the scale of DNA samples collected by the police. Earlier this year, the Prime Minister announced an extra £109 million for the expansion of the police's DNA database in Birmingham to include samples from "the entire active criminal population" - estimated to be around three million. The police have already collected nearly a million samples from those convicted of an offence that carries a prison sentence. Senior officers are now lobbying for changes in the law to allow further expansion of the database to include innocent people who volunteer to take part in mass screenings. Civil liberties campaigners are opposing any extension of the police's authority to to collect samples. They cite an official report which found that thousands of samples are being illegally held on the database because forces are failing to remove the records of acquitted suspects. John Wadham, the director of the human rights group Liberty, said: "The law already allows the unjustified collection of samples and we know that there are at least 50,000 being illegally held at the FSS database. This is not the time to relax the law."

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Re: My short writeup of the NymIP effort
by auto110413＠hushmail.com 13 Dec '00

13 Dec '00

Now Im confused REALLY confused. For a second there, I thought ZKS was actually executing a turnaround to become a real privacy company, what with their recent repositioning towards managed privacy services and all. Companies out there need privacy solutions, and the field is wide open for the taking right now.. There arent many other companies out there with shipping products for the enterprise space yet .. in addition to ZKS (which Im not sure if they REALLY have a product for the enterprise space? although they seem to like to talk about it??) theres PrivacyRight and Privada out in California, and then thats about it.. and from what I can tell, the enterprise market is more than large enough for 3 companies right now.. I mean, if ZKS ever got their head screwed on right (read: fired Austin Hill??), they MIGHT stand a sliver of a chance of actually making some money -- But NOW, ZKS turns around and pulls a NymIP project for the IETF? What does this have to do w/ anything? (or at least, what does it have to do w/ the ZKS repositioning to become a genuine privacy company?) It seems this has more in line w/ what Ive been saying all along: the ZKS is really a free speech company, not a privacy company. Ive perused the (so far short) NymIP mailing lists and even the members agree that the NymIP project shares more in common w/ Fling (http://fling.sourceforge.net/) a free-speech system for the Internet, than it does w/ anything privacy related.. First, Ill go over all the obvious technical flaws w/ NymIP. For this protocol to have any practical applicability, we have to believe the ZKS mantra that IP addresses somehow represents personally identifiable information (PII) that is highly sensitive, and therefore must be encrypted We are asked to believe, in other words, that 1 IP address < == > 1 person.. Notwithstanding the obvious fact that today 60% of the Internet population logs on through AOL where 10,000 users share one IP address at the same time, Id like to ask the NymIP team what they plan to do once IPv6 is rolled out?? The 1 IP address < == > 1 person concept is highly tenuous under IPv4, and altogether laughable under IPv6.. Reading of the Goals of NymIP draft, the project lacks clear definition apparently they want to throw a bunch of academics in a room and see if they can come up w/ some vacuous concept called controlled nymity (< - - what the hell does that mean??) all w/o attempting to set any concrete benchmarks or milestones? The draft also stresses PKI.. Im wondering how much trust ZKS in general places in PKI? Have they read Schneiers 10 risks of PKI?: http://www.counterpane.com/pki-risks-ft.txt You have to wonder about IETF adoption too .. I checked out the agenda for the San Diego meeting and there is no mention of NymIP: http://www.ietf.org/meetings/IETF-49.html Also, just run through the standards that the IETF really does back: LDAP, Kerberos, IP telephony, VoIP, IPSec, and on and on.. these are real applications for have real business uses for enterprises and individuals. Thats why they have the support of the IEFT.. Wheres the real use for nyms? How many people have downloaded Freedom and are using? (I never see anyone I know on the Internet using @freedom.net addresses..) How many businesses are using ZKS? (if in fact they even have a product for businesses?) If nyms were a real thing, technologically + economically, they would have happened by now, but they havent.. (YES Im using a nym to write this email, but I dont use one nym to purchase computer books on Amazon, use a different nym to buy porno books on Amazon, etc.. and THAT is the economic reality that would have to be occurring for ZKS-style nyms to have any real traction yet it does NOT occur..) What irritates me more than anything about ZKS is their belief that cryptography can solve all the worlds privacy problems.. any sophisticated security professional will tell you that cryptography barely solves any security problems, and although good privacy starts w/ good security (since w/o security, information will tend to leak around where you dont want it to), privacy is vastly more complex than security.. 10 years ago you had people like Schneier talking about the role of cryptography in security. Since then, these people have moved beyond the algorithms and protocols, into the products, then into the policies and procedures, and today you have people like Schneier basically advising companies to just buy insurance to cover computer security risks after all, the whole security game is just a risk management game, and what better way to manage risk than via insurance? But at ZKS, theyre still living in a world where cryptography solves everything, completely ignoring the human element.. (which is really the most important) (and while we're on the subject on cryptography, what exactly is wrong w/ SSL? And don't tell me that SSL still lets you see IP addresses (perfectly in line w/ the TCP/IP spec) b/c that has NOTHING to do w/ privacy) When I look for the human element in a company, I look to the marketing department its the job of these guys to make sure that what the company is working on actually HAS a market. As soon as I heard about the NymIP project, my gut instinct was to fire the marketing VP over at ZKS it was like, this is the last straw the company has completely failed to position itself as ANYTHING. First youre selling this thingie called Freedom that is supposed to protect privacy but of course doesnt, then youre transitioning into the enterprise space, but you still leave 100 engineers working on Freedom on payroll, and then you start talking about being a consulting company even though PriceWaterhouseCooper will be better than you because they have actually broadened their knowledge base beyond crypto-anarchy and you havent and you then have Stefan Brands do a dog and pony show about building privacy into PKI, w/ applications in m-commerce, e-commerce, electronic voting, location-based services, age/gender verification, DRM, identity management and frequent flier miles (< -- NONE OF WHICH, by the way, are anything that any of the previously mentioned ZKS units are focusing on) and finally you come FULL CIRCLE and decide that youre going to work on this NymIP thing, which most closely resembled your initial Freedom product, which is actually a free speech thingie anyway and not a privacy thingie.. Wow NO FUCKING FOCUS.. and they must be burning at least $2.5 mil every month w/ basically nothing to show in revenues (Im guessing Freedom just isnt the cash cow they though it might be?? I mean, how many people do I see on the Internet using @freedom.net addresses??) But, back to what I was talking about I was about to recommend firing their marketing VP when I looked at their Web site and realized ZKS HAS NO MARKETING VP!! Then I thought: THATS THE PROBLEM!! Most modern high tech companies believe in the mantra that your customers drive your business, and will hire a marketing VP usually as employee, say, #3 or #4 so that he can go out and validate that there really IS a market for what you are proposing.. if not, its back to the drawing board until you CAN find some customers somewhere for what youre peddling.. Apparently ZKS does not choose to operate in this manner (listen to customers, ship products to market, etc..) And thats when I realized they likely have no marketing VP b/c its impossible to market a product as crappy as Freedom! Catch22.. In Silicon Valley, most VCs will not fund a company w/ market validation and w/o a marketing VP.. apparently this does not hold true in Canada.. I guess in the end, do I really care that much that Im surfing anonymously? Do I really care that much that Im surfing w/ a non-encrypted IP address? (this is, after all, how TCP/IP was designed to work). Im still SEARCHING for a business case here.. SOMEBODY HELP ME.. If I fill out a form and engage in a commercial transaction, then yes I want all that and related information to remain private (between me and the merchant), but does this really mean that I want all my info hidden from the merchant (maybe Im a sucker for frequent flier miles) and does it mean that Ill swim against the flow and drop $30 million++ into trying to redesign TCP/IP from the ground up so it has anonymity built-in?? Declan btw I appreciate the fact that your blurb in Wired about NymIP makes no mention of the word privacy I think its incredibly important that the concept of privacy be divorced from the concept of anonymity in the popular media (where oftentimes these two concepts blur together into one..) .. they are clearly not even remotely similar.. And dont get me wrong I firmly believe the Internet should have an anonymous safe haven, so to speak, if only for free speech if nothing else however, I have serious problems w/ a privacy company attempting to deliver on this, since its technically impossible, economically unmanageable and ultimately only confuses the an already befuddled marketplace (quite severely, in fact..).. >http://www.wired.com/news/politics/0,1283,40582,00.html > > Devising Invisible Ink > by Declan McCullagh (declan(a)wired.com) > 2:00 a.m. Dec. 9, 2000 PST > > WASHINGTON -- An ambitious effort to protect online anonymity > will kick off this weekend. > > A working group of about a dozen technologists, called NymIP, is > gathering before the Internet Engineering Task Force's meeting to take > the very first steps toward devising a standard that will foster > untraceable communications and Web browsing for Internet users.

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This is why HTML email is evil.
by sunder 13 Dec '00

13 Dec '00

http://www.theregister.co.uk/content/6/15423.html "For a very sweet dirty trick along those lines, one could embed a link to a porn picture on-line, resized at 1x1 so it's invisible in the e-mail. Network logs will show that a given employee requested, say, preteen_bestial.gif from www.loathsome-sex-offenders.com. Even better, if the company has spyware in place, the jack-booted network thugs won't even have to be notified by the trickster before grassing him out to senior management." -- ----------------------Kaos-Keraunos-Kybernetos--------------------------- + ^ + :Surveillance cameras|Passwords are like underwear. You don't /|\ \|/ :aren't security. A |share them, you don't hang them on your/\|/\ <--*-->:camera won't stop a |monitor, or under your keyboard, you \/|\/ /|\ :masked killer, but |don't email them, or put them on a web \|/ + v + :will violate privacy|site, and you must change them very often. --------_sunder_(a)_sunder_._net_------- http://www.sunder.net ------------

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Important Membership Information
by announce＠inbox.nytimes.com 13 Dec '00

13 Dec '00

Dear cypherpunsl2132, Welcome to NYTimes.com! We are delighted that you have decided to become a member of our community. As a member you now have complete access to the Web's premier source for news and information -- free of charge. NYTimes.com not only provides you with in-depth coverage of events happening around the world but also with a wealth of additional features and services. The site is updated regularly throughout the day by New York Times reporters and editors to give you greater insight into events unfolding throughout the day. No matter what the hour, you can look to NYTimes.com for the most trustworthy coverage available and unique perspective you won't find anywhere else. Please feel free to explore the other areas of NYTimes.com. Here are some starting points you may find useful: ** Get NYTimes.com headlines e-mailed directly to you. Choose from the day's top stories, breaking news alerts and your favorite sections: http://email.nytimes.com/email/email.jsp?welcome ** Search and retrieve articles from The New York Times Archives back to 1996. Searches and summaries of articles are free, but there is a small fee for full text. http://archives.nytimes.com/archives?welcome ** Explore the Help Wanted and other classified listings on the Web: http://www.nytimes.com/jobmarket/?welcome ** Get a free photo screensaver from The New York Times Photo Archives Choose from Vintage New York, Americana, Coney Island and more: http://www.nytimes.com/partners/screensaver/index.html?welcome ** Search our archive of 50,000 book reviews, listen to author interviews or sign-up for an exclusive weekly newsletter from our Books Editor: http://www.nytimes.com/books/home?welcome Thank you again for becoming a member. We hope that you will make a point of visiting the site often. Sincerely, Rich Meislin, Editor in Chief New York Times Digital P.S. Your opinions are important to us. Share your thoughts about the site with us by sending an e-mail to feedback(a)nytimes.com ************************************************************* Your account information is listed below for future reference: Your Member ID is cypherpunsl2132 You selected your password at registration. Your e-mail address is cypherpunks(a)toad.com If you did not authorize this registration, someone has mistakenly registered using your e-mail address. We regret the inconvenience; please see http://www.nytimes.com/subscribe/help/cancel.html for instructions.

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US: Democracy or Republic?
by Declan McCullagh 13 Dec '00

13 Dec '00

>Reply-To: "Kent Snyder-The Liberty Committee" ><kentsnyder(a)thelibertycommittee.org> >From: "Kent Snyder-The Liberty Committee" <kentsnyder(a)thelibertycommittee.org> >To: "Declan McCullagh" <declan(a)well.com> >Subject: Release: Democracy or Republic? >Date: Thu, 7 Dec 2000 13:57:19 -0500 >X-Mailer: Microsoft Outlook Express 5.50.4522.1200 > >The Liberty Committee >701 W. Broad Street, Fifth Floor >Falls Church, VA 22046 > > >FOR IMMEDIATE RELEASE >Thursday, December 07, 2000 >Contact: Kent Snyder, 703-241-1003 >E-mail: kentsnyder(a)thelibertycommittee.org >Web site: http://www.thelibertycommittee.org > >THE UNITED STATES IS NOT A DEMOCRACY. IT IS A REPUBLIC. THE ELECTORAL >COLLEGE SYSTEM SHOULD NOT BE CHANGED. > >House Concurrent Resolution (H.C.R.) 443 was submitted Monday, December >4, 2000 by Representatives Ron Paul (TX), Jack Metcalf (WA), Bob Stump >(AZ), and Mark Sanford (SC) expressing the sense of Congress in >reaffirming the United States of America as a republic. H.C. R. 443 >also reaffirms the electoral college system. > >"I call upon every member of the U.S. House of Representatives to >cosponsor House Concurrent Resolution 443 and ask every citizen to see >that they do," stated Kent Snyder executive director of The Liberty >Committee. He added, "The U.S. is a republic. Our present system of >selecting a president and vice president should remain so our republic >of independent and sovereign states will remain." > >The Liberty Committee is a nationwide, grassroots organization of over >45,000 Americans who are determined to restore the national government >of the United States to its constitutional limitations in order for >liberty to prevail. > >-30- > >

9 15

Only one horseman left!
by Declan McCullagh 13 Dec '00

13 Dec '00

today in dc: HOUSE JUDICIARY COMMITTEE Foreign Threats Crime Subcommittee hearing on the threat posed by the convergence of organized crime, drug trafficking and terrorism. Witnesses: Donnie Marshall, administrator, Drug Enforcement Administration, Justice Department; Michael Sheehan, ambassador at large/coordinator, Counterterrorism, State Department; Steven McCraw, inspector-deputy assistant director, Information, Analysis and Assessments Branch, Investigative Division, FBI; Frank Cilluffo, senior policy analyst/deputy director, Center for Strategic and International Studies; Ralf Mutschke, assistant director/sub-directorate, Crimes Against Persons and Property, Interpol General Secretariat; Raphael Perl, specialist, International Affairs, Congressional Research Service Location: 2141 Rayburn House Office Building. 10 a.m. Contact: 202-225-3951 http://www.house.gov/judiciary

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Privacy is another victim of the war on (some) drugs
by Declan McCullagh 13 Dec '00

13 Dec '00

http://www.wired.com/news/politics/0,1283,40532,00.html Privacy a Victim of the Drug War by Declan McCullagh (declan(a)wired.com) 2:00 a.m. Dec. 11, 2000 PST WASHINGTON -- When Indianapolis police stopped James Edmond and Joell Palmer at a drug checkpoint two years ago, the two men didn't merely get peeved. They got even. Edmond and Palmer filed a federal lawsuit claiming the drug-stop violated the Constitution's rule against unreasonable searches, and the Supreme Court recently agreed with them in a 6-3 ruling. But privacy scholars caution that the decision is only a minor victory for the right to be let alone, saying that the 30-year old war on drugs has gradually but persistently eroded privacy rights offline and online. Government officials have repeatedly warned of "drug smugglers" and "money launderers" while asking for encryption export controls, increased wiretap powers, and the authority to conduct infrared scans of homes without search warrants. The FBI claims its controversial Carnivore system is a big help in narcotics investigations. "The Fourth Amendment has been virtually repealed by court decisions, most of which involve drug searches," says Steven Duke, a professor of law at Yale University. Duke is talking about the Fourth Amendment's prohibition against "unreasonable" searches and seizures -- a phrasing that permits courts to decide what kinds of searches are reasonable or not. Since the 1970s, the Supreme Court has largely sided with law enforcement's views, and the justices over time have handed police more surveillance and search authority. The high court has said, for instance, that a search based on an invalid warrant is perfectly OK as long as police acted in "good faith." In Oliver vs. U.S., the justices ruled that police can search a field next to a farmhouse for marijuana plants, even if "No Trespassing" signs are posted and the police trespass was a criminal act in itself. Duke believes the court's ruling in the drug-stop case is mildly encouraging, but not much more. "The Supreme Court's decision is a ray of hope," Duke says. "I would hope that the pendulum might swing a little in the opposite direction. But I don't think we'll get back much of the privacy we've lost. I'd be very surprised if we did." One case that the Supreme Court has agreed to review this term, Kyllo vs. United States, will determine whether police can scan homes from afar -- without a warrant -- using a thermal imaging gun. The practice is becoming increasingly common as cops use the devices to hunt for heat patterns that could indicate pot plants in someone's basement. The Ninth Circuit Court of Appeals had ruled that "we find no violation of the Fourth Amendment" when police used the Thermovision 210 to examine Danny Lee Kyllo's home and convict him of one count of manufacturing marijuana. [...] Perhaps the most striking intersection between the drug war and privacy is in a rather mundane area of the law: wiretapping. In 1968, state officials conducted 174 wiretaps and the feds none, according to statistics from the Administrative Office of the U.S. Courts. By 1999, three decades after President Nixon kicked off the drug war, the number had ballooned to 1,350 wiretaps, with a breakdown of 749 state and 601 federal. Not one request was denied. By last year, the vast majority of the wiretaps had become narcotics-related: 978 of 1,350, according to government figures. "The expansion of federal wiretap activity and authority, which are two distinct concepts, is significant," says Marc Rotenberg, director of the Electronic Privacy Information Center. "It is clearly the case that the war on drugs has increased the number of wiretaps conducted and the number of circumstances where wiretaps can be conducted." [...] ********** John Gilmore adds: >The War on Drugs has certainly trashed the Fourth Amendment (with big >help from the so-called Justice Department and some abuse-apologists >on the Supreme Court), and has been a major reason for privacy >intrusions. The fundamental problem with outlawing consensual crimes >is that none of the participants will report them. To make them >enforceable you need a societal mechanism for monitoring consensual >behavior and reporting it to the police. This is not conducive to >privacy. > >I doubt that ALL privacy invasion has been engendered by the War on >Drugs. NSA's export controls were based on WW2 and Cold War >experience. The Internet has produced a major privacy problem by >making previously hard-to-access or hard-to-correlate records readily >available; search engines have been co-conspirators with the WWW >inventors in building easy cross-indexes. The abuse of census data in >rounding up and imprisoning honest and unindicted US citizens who were >Japanese-Americans was not motivated by the drug war. Marketeers have >not been idle either. > >The drug war-crime makes big problems for whatever lives or policies >it touches, and it has certainly had a big negative impact on privacy. >We would all have much more privacy rights if the drug war had never >happened. Restoring those rights after we end the drug war is going >to be a 50-year project. > > John

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