December 2003 - cypherpunks-legacy

Oklahoma University: Is this legal?...
by Carl M. Kadie 17 Dec '03

17 Dec '03

No state law does or could prempt the 5th Amendment, the ECPA, or the FERPA. Moreover, the one state FOIA (Illinois') I've read in detail *doesn't* even try to do this. I'm enclosing two FAQ's. The first is about email privacy. The second is about student media. I also suggest sending email to marsha-w(a)uiuc.edu (Marsha Woodbury) she is an expert in the application of FOIA laws to universities and a CPSR officer. - Carl Carl Kadie -- I do not represent EFF or my employer; this is just me. =Email: kadie(a)eff.org, kadie(a)cs.uiuc.edu = =URL: <http://www.eff.org/CAF/>, <ftp://ftp.cs.uiuc.edu/pub/kadie/> = =============== ftp://ftp.eff.org/pub/CAF/faq/email.privacy =============== q: Can (should) my university monitor my email? a: Ethically (and perhaps legally) email communications should have the same privacy protection as telephone calls. It would be unwise for any university employee to tap email communications without authorization from the university president, university legal counsel, and the academic freedom committee. According to Mike Godwin, legal services counsel for the Electronic Frontier Foundation (EFF), the U.S.'s Electronic Communications Privacy Act (ECPA) could be reasonably construed to protect university email. This is also the reported opinion of the U. of Michigan's lawers. Also, the U.S.'s Family Educational Rights and Privacy Act gives students at all public and most private schools some privacy rights. A U.S. government task force says that "[Email] monitoring [of government employees] of actual communications and communicators may impinge on the Constitutional rights of freedom of speech (1st Amendment), against unreasonable search and seizure (4th Amendment), and against self-incrimination (5th amendment), as well as on the right to privacy, specifically as set forth in both the Privacy Act and the ECPA." In the context of libraries, the American Library Association's Policy on Confidentiality of Library Records suggests this procedure to deal with an official or police request for information about users: 'When drafting local policies, libraries should consult with their legal counsel to insure these policies are based upon and consistent with applicable federal, state, and local law concerning the confidentiality of library records, the disclosure of public records, and the protection of individual privacy. Suggested procedures include the following: 1. The library staff member receiving the request to examine or obtain information relating to circulation or other records identifying the names of library users, will immediately refer the person making the request to the responsible officer of the institution, who shall explain the confidentiality policy. 2. The director, upon receipt of such process, order, or subpoena, shall consult with the appropriate legal officer assigned to the institution to determine if such process, order, or subpoena is in good form and if there is a showing of good cause for its issuance. 3. If the process, order, or subpoena is not in proper form or if good cause has not been shown, insistence shall be made that such defects be cured before any records are released. (The legal process requiring the production of circulation or other library records shall ordinarily be in the form of subpoena "duces tecum" [bring your records] requiring the responsible officer to attend court or the taking of his/her deposition and may require him/her to bring along certain designated circulation or other specified records.) 4. Any threats or unauthorized demands (i.e., those not supported by a process, order, or subpoena) concerning circulation and other records identifying the names of library users shall be reported to the appropriate legal officer of the institution. 5. Any problems relating to the privacy of circulation and other records identifying the names of library users which are not provided for above shall be referred to the responsible officer.' - Carl M. Kadie ANNOTATED REFERENCES (All these documents are available on-line. Access information follows.) =================<a href="ftp://ftp.eff.org/pub/CAF/law/ecpa.1986.godwin"> law/ecpa.1986.godwin =================</a> * Privacy -- E-mail -- ECPA - University Site Mike Godwin, legal services counsel for the Electronic Frontier Foundation (EFF), says that the Electronic Communications Privacy Act (ECPA) could be reasonably construed to protect university email. =================<a href="ftp://ftp.eff.org/pub/CAF/law/ferpa.text"> law/ferpa.text =================</a> * Privacy -- Students -- FERPA (Buckley Ammendment) The full text of the Family Educational Right to Privacy Act (Buckley Amendment). =================<a href="http://www.eff.org/CAF/faq/email.policies.html"> faq/email.policies =================</a> * Email -- Policies q: Do any universities treat email and computer files as private? a: Yes, many universities treat email and computer files as private. ... =================<a href="ftp://ftp.eff.org/pub/CAF/library/confidentiality.1.ala"> library/confidentiality.1.ala =================</a> * Confidentiality -- 1 (ALA) The American Library Association's "Policy on Confidentiality of Library Records" Suggests how to handle police or official requests for information about a user. =================<a href="ftp://ftp.eff.org/pub/CAF/library/computer.draft.ala"> library/computer.draft.ala =================</a> * DRAFT: Access to Electronic ... Services and Networks ... (ALA) A draft interpretation by the American Library Association of the "Library Bill of Rights" Says in part: "Libraries and librarians exist to facilitate [freedom of speech and freedom to read] by providing access to, identifying, retrieving, organizing, and preserving recorded expression regardless of the formats or technologies in which that expression is recorded." =================<a href="ftp://ftp.eff.org/pub/CAF/statements/bill-of-rights.aahe"> statements/bill-of-rights.aahe =================</a> * Bill of Rights ... for Electronic ... Learners This is the "Bill of Rights and Responsibilities for the Electronic Community of Learners". It could become the first widely endorsed statement directly related to computers and academic freedom. =================<a href="ftp://ftp.eff.org/pub/CAF/statements/caf-statement"> statements/caf-statement =================</a> * Computer and Academic Freedom Statement -- Draft This is an attempt to codify the application of academic freedom to academic computers. It reflects our seven months of on-line discussion about computers and academic freedom. It covers free expression, due process, privacy, and user participation. Comments and suggestions are very welcome (especially when posted to CAF-talk). All the documents referenced are available on-line. (Critiqued). =================<a href="ftp://ftp.eff.org/pub/CAF/statements/caf-statement.critique"> statements/caf-statement.critique =================</a> * Computer and Academic Freedom Statement -- Draft -- Critique This is a critique of an attempt to codify the application of academic freedom to academic computers. It reflects our seven months of on-line discussion about computers and academic freedom. It covers free expression, due process, privacy, and user participation. Additional comments and suggestions are very welcome (especially when posted to CAF-talk). All the documents referenced are available on-line. =================<a href="ftp://ftp.eff.org/pub/CAF/academic/student.freedoms.aaup"> academic/student.freedoms.aaup =================</a> * Student Freedoms (AAUP) Joint Statement on Rights and Freedoms of Students -- This is the main U.S. statement on student academic freedom. =================<a href="ftp://ftp.eff.org/pub/CAF/academic/speech-codes.aaup"> academic/speech-codes.aaup =================</a> * Speech Codes (AAUP) On Freedom of Expression and Campus Speech Codes Expression - An official statement of the American Association of University Professors (AAUP) It says in part: "On a campus that is free and open, no idea can be banned or forbidden. No viewpoint or message may be deemed so hateful or disturbing that it may not be expressed." =================<a href="ftp://ftp.eff.org/pub/CAF/law/uwm-post-v-u-of-wisconsin"> law/uwm-post-v-u-of-wisconsin =================</a> * Expression -- Hate Speech -- UWM Post v. U Of Wisconsin The full text of UWM POST v. U. of Wisconsin. This recent district court ruling goes into detail about the difference between protected offensive expression and illegal harassment. It even mentions email. It concludes: "The founding fathers of this nation produced a remarkable document in the Constitution but it was ratified only with the promise of the Bill of Rights. The First Amendment is central to our concept of freedom. The God-given "unalienable rights" that the infant nation rallied to in the Declaration of Independence can be preserved only if their application is rigorously analyzed. The problems of bigotry and discrimination sought to be addressed here are real and truly corrosive of the educational environment. But freedom of speech is almost absolute in our land and the only restriction the fighting words doctrine can abide is that based on the fear of violent reaction. Content-based prohibitions such as that in the UW Rule, however well intended, simply cannot survive the screening which our Constitution demands." =================<a href="ftp://ftp.eff.org/pub/CAF/law/gillard-v-schmidt"> law/gillard-v-schmidt =================</a> * Privacy -- School -- Staff Desk -- Gillard v. Schmidt Description of an appellate court ruling that the school board could not search the desk of a school counselor without a warrant. =================<a href="ftp://ftp.eff.org/pub/CAF/law/email.gov-employee"> law/email.gov-employee =================</a> * Privacy -- E-mail -- Government Employees A U.S. government task force: "[Email] monitoring [of government employees] of actual communications and communicators may impinge on the Constitutional rights of freedom of speech (1st Amendment), against unreasonable search and seizure (4th Amendment), and against self-incrimination (5th amendment), as well as on the right to privacy, specifically as set forth in both the Privacy Act and the ECPA." Enclosed are guidelines for legitimate monitoring of government employee email. =================<a href="ftp://ftp.eff.org/pub/CAF/law/mass-student-searches"> law/mass-student-searches =================</a> * Privacy -- Mass Students Searches An excerpt from The ACLU Handbook: _The Rights of Students_, stating that "there must a reasonable suspicion directed specifically at each student before a school official can search students." =================<a href="ftp://ftp.eff.org/pub/CAF/law/constraints.constitutional"> law/constraints.constitutional =================</a> * Constitution -- Public University -- Constraints Comments from _A Practical Guide to Legal Issues Affecting College Teachers_ by Partrica A. Hollander, D. Parker Young, and Donald D. Gehring. (College Administration Publication, 1985). Discusses the constitutional constraints on public universities including the requires for freedom of expression, freedom against unreasonable searches and seizures, due process, specific rules. =================<a href="ftp://ftp.eff.org/pub/CAF/law/ecpa.umich"> law/ecpa.umich =================</a> * Privacy -- E-mail -- ECPA - University Site A summary of a newspaper report that the U. of Michigan's lawyers believe(d) that the institution is barred under the federal Electronic Communications Privacy Act from reading electronic mail. =================<a href="ftp://ftp.eff.org/pub/CAF/law/privacy.email"> law/privacy.email =================</a> * Privacy -- E-mail -- Law -- Hernandez "Computer Electronic Mail and Privacy", an edited version of a law school seminar paper by Ruel T. Hernandez. =================<a href="ftp://ftp.eff.org/pub/CAF/law/privacy.workplace"> law/privacy.workplace =================</a> * Privacy -- Workplace Comments from and about _The new hazards of the high technology workplace_ see (1991) 104 _Harvard Law Review_ 1898. Talks about email and other electronic monitoring. =================<a href="ftp://ftp.eff.org/pub/CAF/law/email.bib"> law/email.bib =================</a> * Privacy -- E-mail -- Bibliography I have been having an e-mail conversation with Stacy Veeder for several days on the topic of e-mail privacy. She mailed me this bibliography which she has compiled for two papers which she is currently writing. I post it here with permission. PS - She is interested in talking with anyone who has some views on the topic/information to share. Mark N. ================= ================= If you have gopher, you can browse the CAF archive with the command gopher gopher.eff.org These document(s) are also available by anonymous ftp (the preferred method) and by email. To get the file(s) via ftp, do an anonymous ftp to ftp.eff.org, and then: cd /pub/CAF/law get ecpa.1986.godwin cd /pub/CAF/law get ferpa.text cd /pub/CAF/faq get email.policies cd /pub/CAF/library get confidentiality.1.ala cd /pub/CAF/library get computer.draft.ala cd /pub/CAF/statements get bill-of-rights.aahe cd /pub/CAF/statements get caf-statement cd /pub/CAF/statements get caf-statement.critique cd /pub/CAF/academic get student.freedoms.aaup cd /pub/CAF/academic get speech-codes.aaup cd /pub/CAF/law get uwm-post-v-u-of-wisconsin cd /pub/CAF/law get gillard-v-schmidt cd /pub/CAF/law get email.gov-employee cd /pub/CAF/law get mass-student-searches cd /pub/CAF/law get constraints.constitutional cd /pub/CAF/law get ecpa.umich cd /pub/CAF/law get privacy.email cd /pub/CAF/law get privacy.workplace cd /pub/CAF/law get email.bib To get the file(s) by email, send email to ftpmail(a)decwrl.dec.com Include the line(s): connect ftp.eff.org cd /pub/CAF/law get ecpa.1986.godwin cd /pub/CAF/law get ferpa.text cd /pub/CAF/faq get email.policies cd /pub/CAF/library get confidentiality.1.ala cd /pub/CAF/library get computer.draft.ala cd /pub/CAF/statements get bill-of-rights.aahe cd /pub/CAF/statements get caf-statement cd /pub/CAF/statements get caf-statement.critique cd /pub/CAF/academic get student.freedoms.aaup cd /pub/CAF/academic get speech-codes.aaup cd /pub/CAF/law get uwm-post-v-u-of-wisconsin cd /pub/CAF/law get gillard-v-schmidt cd /pub/CAF/law get email.gov-employee cd /pub/CAF/law get mass-student-searches cd /pub/CAF/law get constraints.constitutional cd /pub/CAF/law get ecpa.umich cd /pub/CAF/law get privacy.email cd /pub/CAF/law get privacy.workplace cd /pub/CAF/law get email.bib =============== ftp://ftp.eff.org/pub/CAF/faq/netnews.writing =============== q: Should my university allow students to post to Netnews or have Web pages? a: Yes. Free inquiry and free expression are an important part of a university's mission. Most universities encourage and support student expression and publication. Most universities also seem to give full network access to all users, even students. (This conclusion is based on an informal survey posted to comp.admin.policy in October, 1991. [cafv01n33]) There is probably no need to create special rules for student computer media; your university likely already has rules for student media. (Look in your Student Code.) In the U.S., most student publications are free of university screening, censorship, and most retaliation. (For state universities, this is a legal requirement.) At the same time, most universities disclaim responsibility for student publications, even when the university "owns the presses." The American Library Association's draft policy recommendation on electronic services and networks says (in part): No user should be restricted or denied access for expressing or receiving constitutionally protected speech. No user's access should be changed without due process, including, but not limited to, notice and a means of appeal. - Carl ANNOTATED REFERENCES (All these documents are available on-line. Access information follows.) =================<a href="ftp://ftp.eff.org/pub/CAF/library/computer.draft.ala"> library/computer.draft.ala =================</a> * DRAFT: Access to Electronic ... Services and Networks ... (ALA) A draft interpretation by the American Library Association of the "Library Bill of Rights" Says in part: "Libraries and librarians exist to facilitate [freedom of speech and freedom to read] by providing access to, identifying, retrieving, organizing, and preserving recorded expression regardless of the formats or technologies in which that expression is recorded." =================<a href="ftp://ftp.eff.org/pub/CAF/statements/caf-statement"> statements/caf-statement =================</a> * Computer and Academic Freedom Statement -- Draft This is an attempt to codify the application of academic freedom to academic computers. It reflects our seven months of on-line discussion about computers and academic freedom. It covers free expression, due process, privacy, and user participation. Comments and suggestions are very welcome (especially when posted to CAF-talk). All the documents referenced are available on-line. (Critiqued). =================<a href="ftp://ftp.eff.org/pub/CAF/statements/caf-statement.critique"> statements/caf-statement.critique =================</a> * Computer and Academic Freedom Statement -- Draft -- Critique This is a critique of an attempt to codify the application of academic freedom to academic computers. It reflects our seven months of on-line discussion about computers and academic freedom. It covers free expression, due process, privacy, and user participation. Additional comments and suggestions are very welcome (especially when posted to CAF-talk). All the documents referenced are available on-line. =================<a href="ftp://ftp.eff.org/pub/CAF/statements/bill-of-rights.aahe"> statements/bill-of-rights.aahe =================</a> * Bill of Rights ... for Electronic ... Learners This is the "Bill of Rights and Responsibilities for the Electronic Community of Learners". It could become the first widely endorsed statement directly related to computers and academic freedom. =================<a href="ftp://ftp.eff.org/pub/CAF/academic/student.freedoms.aaup"> academic/student.freedoms.aaup =================</a> * Student Freedoms (AAUP) Joint Statement on Rights and Freedoms of Students -- This is the main U.S. statement on student academic freedom. =================<a href="ftp://ftp.eff.org/pub/CAF/academic/speech-codes.aaup"> academic/speech-codes.aaup =================</a> * Speech Codes (AAUP) On Freedom of Expression and Campus Speech Codes Expression - An official statement of the American Association of University Professors (AAUP) It says in part: "On a campus that is free and open, no idea can be banned or forbidden. No viewpoint or message may be deemed so hateful or disturbing that it may not be expressed." =================<a href="ftp://ftp.eff.org/pub/CAF/academic/academic-freedom.wus"> academic/academic-freedom.wus =================</a> * Academic Freedom (WUS) The Lima Declaration on Academic Freedom and Autonomy of Institutions of Higher Education, an international declaration by the World University Service. Source: _World University Service Academic Freedom 1990: A Human Rights Report_ by Laksiri Fernando, et al. =================<a href="ftp://ftp.eff.org/pub/CAF/academic/academic-freedom.can"> academic/academic-freedom.can =================</a> * CAUT-ACPU Policy on Academic Freedom (Canada) Policy statement on academic freedom for the Canadian Association of University Teachers. =================<a href="ftp://ftp.eff.org/pub/CAF/policies/netnews.uwm.edu"> policies/netnews.uwm.edu =================</a> * Edu -- U. of Wisconsin-Milwaukee -- Netnews These are the network policy resolutions developed by the Computer Policy Committee at the University of Wisconsin-Milwaukee. The resolutions were approved by the Committee and forwarded to the Chancellor. They were given final approval by the Chancellor as campus administrative policy (memo dated 02/23/93). They say (to paraphrase) 1) Netnews is important 2) No restrictions should be imposed without wide consultation 3) The principles of intellectual freedom developed for university libraries apply to Netnews material 4) The principles of intellectual freedom developed for publication in traditional media apply to computer media. =================<a href="ftp://ftp.eff.org/pub/CAF/policies/netnews.uwo.ca"> policies/netnews.uwo.ca =================</a> * U. of Western Ontario -- Netnews policy It says in part: "In its publications regarding Usenet, CCS should make it clear that the individual user bears the primary responsibility for the material that he or she chooses to send or display on the network or on the University's computer systems." It also specifies a procedure for dealing with challenges to material. =================<a href="ftp://ftp.eff.org/pub/CAF/news/cafv01n33"> news/cafv01n33 =================</a> [No annotation available.] =================<a href="http://www.eff.org/CAF/faq/netnews.reading.html"> faq/netnews.reading =================</a> * Netnews -- Policies on What Users Read q: Should my university remove (or restrict) Netnews newsgroups because some people find them offensive? If it doesn't have the resources to carry all newsgroups, how should newsgroups be selected? a: Material should not be restricted just because it is offensive to ... =================<a href="http://www.eff.org/CAF/faq/media.control.html"> faq/media.control =================</a> * University Control of Media q: Since freedom of the press belongs to those who own presses, a public university can do anything it wants with the media that it owns, right? a: No. Like any organization, the U.S. government must work within its ... =================<a href="ftp://ftp.eff.org/pub/CAF/law/rosenberger_v_u_virginia"> law/rosenberger_v_u_virginia =================</a> * Expression -- Public Forum -- Rosenberger v. U. of Virginia A 1995 U.S. Supreme Court decision that says that it is illegal for a state univeristy to deny funds to a student newspaper on the grounds that the newspaper is religious. The decision confirms that the government cannot discriminate on the basis of viewpoint in (government-owned)limited public forums. =================<a href="ftp://ftp.eff.org/pub/CAF/law/san-diego-committee-v-gov-bd"> law/san-diego-committee-v-gov-bd =================</a> * Expression -- Public Forum -- Overview -- San Diego Committee v. Gov Bd Excerpts from San Diego Committee v. Governing Bd., 790 F.2d 1471. A decision by an appellate court that applied the Supreme Court's Public Forum Doctrine (to a school newspaper). =================<a href="ftp://ftp.eff.org/pub/CAF/law/stanley-v-magrath"> law/stanley-v-magrath =================</a> * Expression -- Public Forum -- Closing -- Stanley v. Magrath Comments from _Public Schools Law: Teachers' and Students' Rights_ 2nd Ed. by Martha M. McCarthy and Nelda H. Cambron-McCabe, published in 1987 by Allyn and Bacon, Inc. It says, in part, "[a]lthough school boards are not obligated to support student papers, if a given publication was originally created as a free speech forum, removal of financial or other school board support can be construed as an unlawful effort to stifle free expression." Also, "school authorities cannot withdraw support from a student publication simply because of displeasure with the content" and "the content of a school-sponsored paper that is established as a medium for student expression cannot be regulated more closely than a nonsponsored paper". Also, it tells what to do about libel in student publications. =================<a href="ftp://ftp.eff.org/pub/CAF/law/student-publications.misc"> law/student-publications.misc =================</a> * Expression -- Offensive -- Student Publications -- Misc Quotes from the book _Law of the Student Press_ by the Student Press Law Center (1985,1988). They say that four-letter words are protected speech, that public universities are not likely to be liable for publications that they for which they do not control the contents, and that the _Hazelwood_ decision does not apply to universities. =================<a href="ftp://ftp.eff.org/pub/CAF/law/uwm-post-v-u-of-wisconsin"> law/uwm-post-v-u-of-wisconsin =================</a> * Expression -- Hate Speech -- UWM Post v. U Of Wisconsin The full text of UWM POST v. U. of Wisconsin. This recent district court ruling goes into detail about the difference between protected offensive expression and illegal harassment. It even mentions email. It concludes: "The founding fathers of this nation produced a remarkable document in the Constitution but it was ratified only with the promise of the Bill of Rights. The First Amendment is central to our concept of freedom. The God-given "unalienable rights" that the infant nation rallied to in the Declaration of Independence can be preserved only if their application is rigorously analyzed. The problems of bigotry and discrimination sought to be addressed here are real and truly corrosive of the educational environment. But freedom of speech is almost absolute in our land and the only restriction the fighting words doctrine can abide is that based on the fear of violent reaction. Content-based prohibitions such as that in the UW Rule, however well intended, simply cannot survive the screening which our Constitution demands." =================<a href="ftp://ftp.eff.org/pub/CAF/law/rust-v-sullivan"> law/rust-v-sullivan =================</a> * Expression -- Gag Rule -- Rust v. Sullivan The decision and decent for the so-called abortion information gag rule case. The decision explicitly mentions universities as a place where free expression is so important that gag rules would not be allowed. =================<a href="ftp://ftp.eff.org/pub/CAF/law/rav-v-st-paul.1"> law/rav-v-st-paul.1 =================</a> * Expression -- Hate Speech -- RAV v. St Paul -- 1 The Supreme Court's _R.A.V. v. City of St. Paul_ decision about hate crimes. The Court overturned St. Paul's Bias-Motivated Crime Ordinance, which prohibits the display of a symbol which one knows or has reason to know "arouses anger, alarm or resentment in others on the basis of race, color, creed, religion or gender." By 9-0, the Court said the law as overly broad. By 5-4, the Court said that the law was also unfairly selective because it only tried to protect some groups. Included: summary, majority opinion, 3 concurring opinions. =================<a href="ftp://ftp.eff.org/pub/CAF/law/perry-v-perry"> law/perry-v-perry =================</a> * Expression -- Public Forum -- Campus Mail -- Perry v. Perry Comments from the ACLU Handbook _The Rights of _Teachers_. It says that campus mail systems (and other school facilities) may or may not be limited public forums depending on how they are managed. (Perry v. Perry was about an interschool mail system that was managed as a nonpublic forum. It was one of the cases that defined the Public Forum Doctrine.) Also, a paraphrase from an ACLU handbook _The Rights of Teachers_. It says that generally, speech, if otherwise shielded from punishment by the First Amendment, does not lose that protection because its tone is sharp. Also, from p. 92, it says that there are legal limits to the oaths a (public) school can ask its teachers to sign. [Some of these same limits might apply to what a school can ask a user to sign as a condition of getting (or keeping) a computer account.] =================<a href="ftp://ftp.eff.org/pub/CAF/law/broadrick-v-oklahoma"> law/broadrick-v-oklahoma =================</a> * Expression -- Vague Regulation -- Broadrick v. Oklahoma, et al. Summary of case law on overly vague regulation of expression. It says a statute is unconstitutionally vague when "men of common intelligence must necessarily guess at its meaning." =================<a href="ftp://ftp.eff.org/pub/CAF/law/naacp-v-button"> law/naacp-v-button =================</a> * Expression -- Overbroad Regulation -- NAACP v. Button, et al. Summary of case law on overly broad regulation of expression. It says "[b]ecause First Amendment freedoms need breathing space to survive, government may regulate in the area only with narrow specificity." =================<a href="ftp://ftp.eff.org/pub/CAF/law/pd-of-chicago-v-mosley"> law/pd-of-chicago-v-mosley =================</a> * Expression -- Content Regulation -- Police Department of Chicago v. Mosley Summary of case law on content-based regulation of expression. It says that "above all else, the First Amendment means that government has no power to restrict expression because of its message, its ideas, its subject matter, or its content." =================<a href="ftp://ftp.eff.org/pub/CAF/law/cohen-v-california.4"> law/cohen-v-california.4 =================</a> * Expression -- Regulation of Tone -- Cohen v. California -- 4 A short quote from _Cohen v. California_: "We cannot sanction the view that the constitution, while solicitous of the cognitive content of individual speech, has little or no regard for that emotive function which, practically speaking, may often be the more important element of the overall message sought to be communicated." ================= ================= If you have gopher, you can browse the CAF archive with the command gopher gopher.eff.org These document(s) are also available by anonymous ftp (the preferred method) and by email. To get the file(s) via ftp, do an anonymous ftp to ftp.eff.org, and then: cd /pub/CAF/library get computer.draft.ala cd /pub/CAF/statements get caf-statement cd /pub/CAF/statements get caf-statement.critique cd /pub/CAF/statements get bill-of-rights.aahe cd /pub/CAF/academic get student.freedoms.aaup cd /pub/CAF/academic get speech-codes.aaup cd /pub/CAF/academic get academic-freedom.wus cd /pub/CAF/academic get academic-freedom.can cd /pub/CAF/policies get netnews.uwm.edu cd /pub/CAF/policies get netnews.uwo.ca cd /pub/CAF/news get cafv01n33 cd /pub/CAF/faq get netnews.reading cd /pub/CAF/faq get media.control cd /pub/CAF/law get rosenberger_v_u_virginia cd /pub/CAF/law get san-diego-committee-v-gov-bd cd /pub/CAF/law get stanley-v-magrath cd /pub/CAF/law get student-publications.misc cd /pub/CAF/law get uwm-post-v-u-of-wisconsin cd /pub/CAF/law get rust-v-sullivan cd /pub/CAF/law get rav-v-st-paul.1 cd /pub/CAF/law get perry-v-perry cd /pub/CAF/law get broadrick-v-oklahoma cd /pub/CAF/law get naacp-v-button cd /pub/CAF/law get pd-of-chicago-v-mosley cd /pub/CAF/law get cohen-v-california.4 To get the file(s) by email, send email to ftpmail(a)decwrl.dec.com Include the line(s): connect ftp.eff.org cd /pub/CAF/library get computer.draft.ala cd /pub/CAF/statements get caf-statement cd /pub/CAF/statements get caf-statement.critique cd /pub/CAF/statements get bill-of-rights.aahe cd /pub/CAF/academic get student.freedoms.aaup cd /pub/CAF/academic get speech-codes.aaup cd /pub/CAF/academic get academic-freedom.wus cd /pub/CAF/academic get academic-freedom.can cd /pub/CAF/policies get netnews.uwm.edu cd /pub/CAF/policies get netnews.uwo.ca cd /pub/CAF/news get cafv01n33 cd /pub/CAF/faq get netnews.reading cd /pub/CAF/faq get media.control cd /pub/CAF/law get rosenberger_v_u_virginia cd /pub/CAF/law get san-diego-committee-v-gov-bd cd /pub/CAF/law get stanley-v-magrath cd /pub/CAF/law get student-publications.misc cd /pub/CAF/law get uwm-post-v-u-of-wisconsin cd /pub/CAF/law get rust-v-sullivan cd /pub/CAF/law get rav-v-st-paul.1 cd /pub/CAF/law get perry-v-perry cd /pub/CAF/law get broadrick-v-oklahoma cd /pub/CAF/law get naacp-v-button cd /pub/CAF/law get pd-of-chicago-v-mosley cd /pub/CAF/law get cohen-v-california.4

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Re: Political Cleanup program
by E. ALLEN SMITH 17 Dec '03

17 Dec '03

From: "Vladimir Z. Nuri" <vznuri(a)netcom.com> >there seem to be a lot of people who suggest that merely because politics involves money, it is therefore corrupt. this is an awfully vague and nebulous line of thinking in my view. are we to suppose that any industry that involves money (all of them, of course) inevitably moves in the direction of corruption? perhaps some more "cynicalpunks" may have this view, but I don't share it. --------------------------------- I am admittedly uncertain whether to reply to this, but... one thing about capitalism is that money serves as a reward. Attempts to remove this (such as in the Soviet Union) have resulted in people no longer being motivated by things like bonuses. In other words, if we can remove the government from having influence on the markets, then politics by money is not really a problem. It's just another motivation for people to get more money. -Allen

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Fwd: Results of Internet Protest
by rah＠shipwright.com 17 Dec '03

17 Dec '03

--- begin forwarded text Date: Mon, 18 Dec 1995 11:16:31 -0500 Subject: Fwd: Results of Internet Protest From: Joel Bowers <jmba(a)bluefin.net> Mime-Version: 1.0 Apparently-To: <rah(a)shipwright.com> Subject: Results of Internet Protest Sent: 12/18 2:06 AM Received: 12/18 8:18 AM From: mcnmembers(a)macn.com To: MCNMembers(a)macn.com From: mcnmembers(a)macn.com (MCN Members) Sender: jfried(a)desktopdesign.com (John Friedlander) To: MCNMembers(a)macn.com (MCN Members) ======================================================================== CAMPAIGN TO STOP THE NET CENSORSHIP LEGISLATION IN CONGRESS THE NET ROCKS AMERICA'S CAPITOL - NEARLY 20,000 PARTICIPANTS THURSDAY DECEMBER 14, 1995 SENATE CONFEREES COULD STILL VOTE THIS WEEK RALLIES HAPPENING IN AUSTIN, NEW YORK, SF, & SEATTLE PLEASE WIDELY REDISTRIBUTE THIS DOCUMENT WITH THIS BANNER INTACT REDISTRIBUTE ONLY UNTIL December 25, 1995 ________________________________________________________________________ RECAP: INTERNET DAY OF PROTEST: TUESDAY DECEMBER 12, 1995 The net came into its own as a political force on Tuesday. The press release has more details. If you haven't taken a moment to call, fax, or email, do so now. We're still keeping track and only need a few more to break 20,000. VTW had someone onhand in DC monitoring the response at the Congressional offices. The feedback was amazing; Congress got the message. We need to sustain that by continuing to tell them we're not happy with the options being offered to us at this time. Directions for calling Congress can still be found at http://www.vtw.org/ and the many other sites listed at the end of this message. Take a moment to call! Don't forget to mail us a note at protest(a)vtw.org to let us know you took part in the Day Of Protest (and Day 2, and Day 3, and Day 4). FOR IMMEDIATE RELEASE December 13, 1995 Contact: Steven Cherry (718) 596-2851 stc(a)vtw.org Shabbir Safdar (718) 596-2851 shabbir(a)vtw.org New York, NY Are 20,000 phone calls a lot? 30,000? 50,000? They are if you're one of a handful of Congressional staffers trying to field them. Tuesday, December 12th was the Internet's Day of Protest. A variety of net-activists and telecommunications-related services exhorted the on-line community to call a selected group of Senators and Representatives to declare their opposition to the threat of Internet censorship. And call they did. As the Senate members of the Telecommunications Reform conference committee contemplated portions of legislation that would censor "indecent" material on-line, their staffers were being overwhelmed with phone calls. Senator Inouye's office said they were "getting lots and lots of calls and faxes." Senator Lott's said they were "flooded with calls." At Senator Stevens' office there were so many calls they couldn't keep a complete tally. At Senator Exon's office, the fax machine was "backed up." And at one point, activists couldn't even get through to Senator Gorton's office to ask. Exon is the Senator whose Communications Decency Act started the nearly year-long struggle between those who would create special regulations to restrict speech on-line (even, in certain instances, private email between two individuals) to a greater extent than even traditional broadcast media; regulations that, according to the ACLU and many other civil liberties groups, will certainly be proven to be unconstitutional if passed into law. "We've never seen anything like it," said Stanton McCandish of the Electronic Frontier Foundation (EFF). The EFF is one member of the on-line coalition that has been fighting an array of censorship legislation since this spring, when Senator Exon introduced his Communications Decency Act. "We may have almost overwhelmed our provider," said Shabbir Safdar, head of Voter's Telecommunications Watch (VTW). VTW is the organization that organized the on-line coalition. Their on-line connectivity is provided by Panix.com, a New York-area Internet service provider. "Panix has been doing some maintenance work today, so it's hard to tell," Safdar continued. "But we think it's actually made a dent in their connection to the rest of the Net." How many calls were actually made? No one can tell. For Leslie Miller, a reporter for USA Today, it took much of the afternoon to get some counts from Congressional staffers, and she couldn't get any report from the Senate's Sergeant-At-Arms, the office nominally responsible for the Senate's telephone system. VTW may be the only organization that can really make an educated guess. "In our Alerts we ask that people drop us an email note after they call," explained VTW board member Steven Cherry. "The message count peaked in the late afternoon at over 70 per minute. Many of those were from people who called several offices. By 7:30 P.M. (EST) we had gotten 14,000 messages. By Wednesday morning the count was over 18,000. And of course there are the people who called but didn't send us email. So all told, our very rough guess is there were well over 50,000 phone calls and faxes made on the one day." "The Net is coming of age, politically," said Jerry Berman, Director of the Center for Democracy and Technology (CDT), another member of the on-line coalition. Safdar, of VTW, concurred, saying, "I think Washington got the message today that there's a new grass-roots interest group around, and we're going to be a big part of the 1996 elections." (VTW's initial election activities can be found at http://www.vtw.org/pledge.) In addition to the Day of Protest, rallies are scheduled on Thursday, December 14th, in San Francisco and Seattle, and a protest will be held that day at 2:00 in New York City. The New York rally will be at the Cyber-Cafe, 273A Lafayette St from 2-3pm on Thursday, Dec 14th. Contact Steven Cherry or Shabbir J. Safdar for details. The Austin rally is planned for Tue. Dec 19th. No more information is available at this time. Information about the San Francisco rally can be obtained from http://www.hotwired.com/staff/digaman/. Information about the Seattle rally can be obtained from http://www.wnia.org/WNIA/hap/rally.html. Voters Telecommunications Watch is a volunteer organization, concentrating on legislation as it relates to telecommunications and civil liberties. VTW publishes a weekly BillWatch that tracks relevant legislation as it progresses through Congress. It publishes periodic Alerts to inform the about immediate action it can take to protect its on-line civil liberties and privacy. More information about VTW can be found on-line at gopher -p 1/vtw gopher.panix.com www: http://www.vtw.org or by writing to vtw(a)vtw.org. The press can call (718) 596-2851 or contact: Shabbir Safdar Steven Cherry shabbir(a)vtw.org stc(a)vtw.org ________________________________________________________________________ WHERE CAN I LEARN MORE? At this moment, there are several organizations with WWW sites that now have, or will have, information about the net censorship legislation and the National Day Of Protest: American Civil Liberties Union (ftp://ftp.aclu.org/aclu/) Center for Democracy and Technology (http://www.cdt.org/) Electronic Frontier Foundation (http://www.eff.org/) Electronic Privacy Information Center (http://www.epic.org/) Wired Magazine (http://www.hotwired.com/special/indecent/) Voters Telecommunications Watch (http://www.vtw.org/ or finger vtw(a)panix.com) ________________________________________________________________________ End Alert ======================================================================== ----------------------- Headers -------------------------------- _________________________ Joel M Bowers & Assoc [jmba(a)jmba.com] Multiuser Database Design [MCN,ASPN & Claris Solutions Alliance] _________________________ Voice 603-778-7494 Fax 603-778-7484 _________________________15 Curtis Road, Hampton Falls, NH 03844 --- end forwarded text ----------------- Robert Hettinga (rah(a)shipwright.com) e$, 44 Farquhar Street, Boston, MA 02131 USA (617) 958-3971 "Reality is not optional." --Thomas Sowell The NEW(!) e$ Home Page: http://thumper.vmeng.com/pub/rah/ >>>>Phree Phil: Email: zldf(a)clark.net http://www.netresponse.com/zldf <<<<<

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redirect of newsgroups
by David Klur 17 Dec '03

17 Dec '03

For those of us sitting behind a firewall that blocks out all of the alt, rec, etc.. newsgroups...is there another way to access these groups? For example, redirecting the contents of alt.2600 to, say, comp.2600 (because this firewall allows the comp.xxx groups through). Or any other hacks around this inconvenience? -----BEGIN PBP SIGNATURE----- Version: 1.0.0, Copyright 1995, Pretty Bad Privacy David Klur dklur(a)dttus.com I am who I am because I say so. So there. -----END PBP SIGNATURE-------

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Re: my idea of the ideal encryption tool for the masses
by Bryce 17 Dec '03

17 Dec '03

-----BEGIN PGP SIGNED MESSAGE----- Jiri Baum <jirib(a)cs.monash.edu.au> wrote in private e-mail: > > Apart from that, this kind of thing has been proposed before, > and (for payment at least) I've read a paper somewhere that > uses something like this to get off-line anon. e-cash with > multi-party mistrust. (Ie nobody trusts anybody.) Yes, even such klooges such as Mondex might be considered a variation on my idea. Ultimately, though, I expect this device to become my *only* interface with the Net. I don't own any long-term storage device. Instead I just rent it over the Net and encrypt any long-term data that I consider private. I do any *sensitive* processing on the CPU in my handheld computer, but if it's a big job and I don't mind people watching then I rent a CPU over the Net to chew on it. This device is perfectly portable and can be plugged into any Net jack in an office or telephone booth, or perhaps it can do wireless. The important point is that no matter where I am physically, or what long-term storage device I am using via the Net, I have complete crypto security. (Mod Tempest- surveillance, physical subversion of my crypto box, etc.) If it were done right I could use this same box for my notepad, wallet, e-mail agent, Web browser, game-player, etc. etc. etc. > (But that requires the bank to trust tamper-proof h/w; if you > give up anon, as you have, you don't need that because it only > need resist until Joe can revoke his key - easily enough done > because the shop needs to have a list of valid ones anyway. > Alternatively you can keep anon but make clearing on-line, > which results in what is usually called a digital wallet.) Hm. As often happens in these kinds of discussions, we've missed each other because of different semantic conventions or something. My idea does not depend upon tamper-proof hardware in the sense that the owner must be prevented from cracking it open, but it *does* (as does every conceivable crypto system) depend on tamper-prevention in the sense that those antagonistic to the owner must be prevented from cracking open his box! Also I haven't given up anonymity at all. Oh! You mean in my example of Joe paying at the grocery store. Well he can have a pseudonymous account at that store if he wants. There is certainly no *necessity* to give up self-identity-control in any way. > > It only does this in response to some kind of > > authentication-action from Joe himself. Perhaps he > > inputs a 4-digit PIN. (It should be designed so that > ... > > Fingerprint scan? I thought about that but I personally wouldn't trust it. It might fail to recognize my fingerprint at an important moment. Besides, I hate the thought of a mugger taking my index finger also when he takes my wallet... Regards, Bryce signatures follow "To strive, to seek, to find and not to yield." -Tennyson <a href="http://www.c2.org/~bryce/Niche.html"> bryce(a)colorado.edu </a> -----BEGIN PGP SIGNATURE----- Version: 2.6.2 Comment: Auto-signed under Unix with 'BAP' Easy-PGP v1.01 iQCVAwUBMNXSW/WZSllhfG25AQEF4AP9GKHbSh5RgROKFclm/fgkpI+FcZjagTo9 SBa7Kdn9sFczdk23u6mHbKufDKFJO5oyri5MOPvU2QZwa9iP3zGjaBKcS6QbSOJ2 c4W71cFVJ+YZw8nnsMGwNmdISl2T0VYjQo/za4D2blZMRGDLdHgcl/E3FfTXxn5K vBEUglr59Gs= =ksB+ -----END PGP SIGNATURE-----

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ZD Net Update v.1 #4
by wwwziff＠internet.com 17 Dec '03

17 Dec '03

______________________ZD Net Update_______________________ v. 1 #4 12-11-95 Welcome to ZD Net Update, the free E-mail newsletter created especially for registered users of Ziff-Davis Interactive's ZD Net/World Wide Web Edition. ZD Net Update is a bi-weekly bulletin that alerts you to new and exciting developments on ZD Net. In this issue: > YAHOO, ZIFF-DAVIS ANNOUNCE PLAN TO JOIN FORCES > PC MAGAZINE UNWRAPS ITS 1995 HOLIDAY GIFT GUIDE > COMPUTING TRAILBLAZER HELPS YOU "BUY IT ONLINE" * * * * * * * * * * YAHOO, ZIFF-DAVIS ANNOUNCE PLAN TO JOIN FORCES On Tuesday, December 12, Yahoo Corp. and Ziff-Davis Publishing Co. announced a strategic relationship that establishes a new, Web- driven publishing model for delivering content via print, online, and CD ROM. The relationship leverages the expertise and brand names of Yahoo, operator of the leading directory on the Web, and Ziff- Davis, the leading publisher of computer magazines and computing content online, including ZD Net. The new alliance is initially focused on two media products: Yahoo Internet Life and ZD/Yahoo Computing. Yahoo Internet Life is an interactive magazine based on one of the most popular sites on the World Wide Web. ZD/Yahoo Computing seeks to become the ultimate value-added, online directory of computing resources on the Web. Yahoo Internet Life combines a Web site, a print publication, and a CD ROM. Each issue of the quarterly magazine will include a CD ROM that contains virtually everything in the magazine as well as the software that users need to connect to the Web. The print version of Yahoo Internet Life will debut on newsstands in February 1996. Bill Machrone, Editor-in-Chief of ZD Internet Life and Ziff-Davis's Vice President of Technology, was named Editor-in-Chief of Yahoo Internet Life. ZD/Yahoo Computing will be the definitive online guide to finding and using computing resources on the Web. It will incorporate an enhanced version of The Computing Trailblazer, a popular feature of the ZD Net Web site that reviews computing sites on the Internet, as well as new features to help people find computing products, companies, and services. ZD/Yahoo Computing will be available in early 1996. For more information about the announcement, including a Shockwave file and VDOLive video clips, check out the ZD Public Relations site at: http://www.zdnet.com/pr/ * * * * * * * * * * PC MAGAZINE UNWRAPS ITS 1995 HOLIDAY GIFT GUIDE The holidays are fast approaching, you're faced with tons of folks who need gifts, and you have no idea what to buy them. How to get in the holiday spirit? Don't despair. Your shopping list may be long, but PC Magazine's list of gift ideas is bound to be longer. The editors at PC Magazine have gathered 101 of the best educational and entertainment products to hit the shelves since last holiday season. Nearly all of these products are Windows-based, except for the games, most of which run under DOS. For the youngest folks on your list, the Kids' Software section includes a selection of learning games covering all the basic subject areas, many of which star characters the kids will recognize. For those hard-to-please gamers, this holiday offers an abundance of riches in all categories: action and adventure games, arcade games and puzzles, strategy and simulation games, and sports games. Looking for something a bit less frivolous? Then check out the reference offerings and the selection of personal productivity software. For gadget lovers, there's a fun and funky array of PC peripherals that would look great on any desktop. And don't miss the list of 10 great gifts under $35. So forget about fretting over that holiday shopping list. PC Magazine gives you 101 reasons to celebrate this holiday season. Discover a little holiday cheer at: http://www.zdnet.com/~pcmag/issues/1422/pcm00154.htm * * * * * * * * * * COMPUTING TRAILBLAZER HELPS YOU "BUY IT ONLINE" Looking for an easier way to get your hands on the latest hardware and software? Why not go online? Introducing "Buy It Online," the newest category in The Computing Trailblazer, Ziff-Davis's guide to computing resources on the Web. Each of the nearly two dozen sites that are reviewed in Buy It Online offers a strong selection of computer products for sale, and many also enable online purchasing (which is likely to become a firm requirement for this category in the near future). Some of the sites provide links to manufacturers' sites and other Internet resources of value to their customers. Others are just plain fun to visit for their contests, downloads, and freebies. A few are works in progress that show great potential. What are the common characteristics that mark the better sites? For starters, secure credit-card transactions, up-to-date price lists, and catalog items that link to product information combining overview articles, feature lists, and tech specs. If you order computer products on the Web, please click the Feedback button tell the Trailblazer editors what your experience was like. Good or bad, Trailblazer wants to know about it. For the latest word on the best computing sites, including more than 300 (and growing) site-reviews under familiar computer headings, check out Trailblazer today at http://www.zdnet.com/~zdi/tblazer/ * * * * * * * * * * ZD Net Update is the official newsletter of ZD Net/World Wide Web Edition. It is compiled by Tom Schmidt (tom_schmidt(a)zd.com) Feel free to respond with news, notes, comments, or suggestions. To unsubscribe to ZD Net Update, point your browser to: http://www.zdnet.com/cgi-bin/ziffmail.pl/update and select "Unsubscribe to ZD Net Update."

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Re: redirect of newsgroups
by Mitton Ken 17 Dec '03

17 Dec '03

-----BEGIN PGP SIGNED MESSAGE----- Might be able to if you had admin-level access to the newsserver, but if there's a firewall between you and the nearest uncensored newsserver, I doubt that's the case... had the same problem on my school machine. Ended up just getting an account on another machine. --Ken Mitton mittonk(a)colorado.edu http://ucsu.colorado.edu/~mittonk/ PGP KeyID: BAB3CF0D -----BEGIN PGP SIGNATURE----- Version: 2.6.2 iQBVAwUBMNXZ7Wzuqz+6s88NAQHrwQIA0bHF+6yxLHPcFIdODJhTH7Mq4+vKxho+ Jq4xOBn+yB8KY0mhPFUKQx43xmULt44AB2Jeo1cEt9FTRAFSIvua3A== =mTvu -----END PGP SIGNATURE-----

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Re: (Fwd) SECURITY ALERT: Password protection bug in Netsca
by Peter Trei 17 Dec '03

17 Dec '03

Jeff writes: > This report is mostly bogus. Netscape does not, and never > has stored http auth passwords in files on your disk. However > we do cache documents from servers that use http auth. > In this case the user had their preferences set to check the > host site for updated content "once per session". There is > a bug, which we are fixing before 2.0 ships, that if the > auth fails the document should be removed from the cache but > was not. If the user had set their cache checking to "never", > then if the document is in the cache, it will always be shown to > the user, since no connection is made to the server. > Content providers who don't want their web pages cached > should use the 'Pragma: no-cache' http header. This will > tell the navigator to not save the document in the disk cache. > > --Jeff Thanks for clearing that up - I see you've already been over to www-security. The fast response Netscape (and in particular, you yourself) make to reported problems is something I'm very pleased to see. Peter Trei trei(a)process.com

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Re: What ever happened to... Cray Comp/NSA co-development
by E. ALLEN SMITH 17 Dec '03

17 Dec '03

From: tcmay(a)got.net (Timothy C. May) >First, half a million chips is not that big a deal...the Connection Machine had up to 64,000. Very few cryptographic problems of interest to us will be affected by a mere factor of a million or so. -------------------- While the cryptographic stuff isn't much of a problem, how about text analysis of multiple sources, possibly via a neural net simulation (which IIRC a massively parallel machine is nice for)? -Allen

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Re: ADDRESS DATABASE?
by andr0id＠midwest.net 17 Dec '03

17 Dec '03

>I'm not familiar with this aspect - how do cellular services store and >make use of billing information, as opposed to traditional phone services? > Most cellular systems still write billing tapes and send them to a clearing house for proccessing. It may take 2 or 3 days before a bill is updated. Thats not including that it takes sometimes up to a month before your roaming charges are recorded from all of the other cellular carriers. Some carriers have realtime billing but it still doesn't take into account roaming. >> If >> cellular customers start getting sales calls from a company that received a >> list from a cellular carrier, the cellular carrier is obligated to refund >> the customers bill for those calls if the customer complains becuase the >> customer pays for calls comming or going. > >Is this obligation incurred by the contract between the customer and the >cellular service, by statute, or otherwise? Contracts can always be >broken, and passing laws to guard the guardians generally amounts to >having the fox guard the henhouse... > This obligation is uncurred mostly by the fact that cellular carriers HATE to loose customers. If refunding a few min. of air-time helps keep a customer then they will. Unlike the phone company, a threat to discontinue service with a cellular carrier works well in getting your way. Dr0id

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Re: What ever happened to... Cray Comp/NSA co-development
by anon-remailer＠utopia.hacktic.nl 17 Dec '03

17 Dec '03

-----BEGIN PGP SIGNED MESSAGE----- At 09:15 PM 12/17/95 -0500, Thaddeus J. Beier wrote: > ---------- > ... about the fate and capabilities of the CCC PIM > (processor-in-memory) machine. A friend of mine was > working on it, and it would have been a screaming machine, > no doubt about it. He said that the Cray mostly acted like > a really fast network for the processor chips. I had thought that it may have been similar to an Active Memory design, but had no real clues to go by. Wasn't sure about the chip array path width either, but thought that 1 bit was probably the way to go given the array size. > ... the PIM chips were made by a dedicated NSA company, > Supercomputer Research Center, in Bowie MD. Hmm... is that the name? > But, it was nowhere near finished when the company finally went > down, and the team was completely disbanded. My friend was talking > about going to the auction when the parts of the various machines > were going to be sold, I don't know if he did so. He suspected that > the various pieces would end up going back east to the Fort > Meade area. Still, it is such an odd machine that you would > probably have to transfer the staff to finish it, and that didn't > happen. Sorry Thad... but NOTHING 'just disappears' at the NSA... > In any case, while it was fast (1/2 million 1-bit processors, > perhaps as low as 1 nanosecond (1 GHz) cycle time), it was not fast > enough to brute force reasonably strong ciphers. It's really no joke > that it would take a computer with picosecond clocks the size of the > earth more than the age of the universe to brute force IDEA, for > instance. Hahahahahahahah!!!!!!!!!! A cryptographer's most POWERFUL weapon, is A False Sense of Security... If you've read Kocher's abstract, you would NO DOUBT realize that there are ALWAYS options to be explored and exploited. I'm sorry, don't take it personal, but I think that this 'til the end o' time' argument leaks like a "sieve"... it's the classic linear thinking thing. > It would have made a great DES cracker, though; my > back-of-the-envelope calculation has it cracking one key every > .75 days on the average. This sounds pretty pessimistic too... > thad > -- Thaddeus Beier email: thad(a)hammerhead.com > Technology Development vox: 408) 286-3376 > Hammerhead Productions fax: 408) 292-2244 > > ---------- Well... maybe the timing wasn't right for the system's completion. After all, designing a computer with <1 nanosecond cycle time is not child's play. And in quantity it is even more difficult. A few more years of development with Transphaser logic and Holographic storage could work some wonders in computational capailities. Anitro - --- [This message has been signed by an auto-signing service. A valid signature means only that it has been received at the address corresponding to the signature and forwarded.] -----BEGIN PGP SIGNATURE----- Version: 2.6.2 Comment: Gratis auto-signing service iQBFAwUBMNXt+SoZzwIn1bdtAQEQAQF/YKCYcSiH4BRswP7+4Sv1VIYynpH738vF LFa/31pQBJiEkmkpiykmOcL3YySghGsf =3nUQ -----END PGP SIGNATURE-----

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Re: (fwd) Economics of Digital Money.
by James A. Donald 17 Dec '03

17 Dec '03

> But electronic checking it is a substitute for > conventional checking, it would just increase the > speed of the transaction. From the economic standpoint, > there is no difference in the dynamics of the checking > process from normal checks And email is no different from mail, right? Wrong: When computer programs start spending money and receiving money on behalf of their masters, we will see vast economic changes. --------------------------------------------------------------------- | We have the right to defend ourselves | http://www.jim.com/jamesd/ and our property, because of the kind | of animals that we are. True law | James A. Donald derives from this right, not from the | arbitrary power of the state. | jamesd(a)echeque.com

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Antiterrorism Bill Dead
by Duncan Frissell 17 Dec '03

17 Dec '03

At last some good news from the Hill. The House Judiciary Committee has announced that they are unable to vote on Chukie Schumer's Antiterrorism bill at this time. It is "dead for now." That means that the $500 million for the telecoms companies to carry out the Digital telphony Initiative is also dead for now. Thanks to an heroic coalition of leftist civil liberties types and right wing nuts (including the Fundies) for squashing it for now. Now if we could only convince the Fundies that the Klinton Admin was going to use the Exxon amendment to outlaw religious speech on the nets on the grounds of political indecency. But maybe the Telecoms bill will die too. It did last time. DCF

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Securing the end-points
by GLEN_MCBRIDE＠BayNetworks.com 17 Dec '03

17 Dec '03

-----BEGIN PGP SIGNED MESSAGE----- Greetings! I was wondering if in addition to all the work and discussion regarding crypto which generally centres around the transmission path information takes traveling from end-point to end-point, there is any work being done to secure the end-points themselves (I.e. files on your PC etc.) In my view the end-points present the most vulnerability in the overall message path from person to person. It is at these points that the message/information exists as cleartext even if for a short period of time. While of course it is possible to PGP encode your files is this a practical way to go about securing your system? I am aware or RSA secure but is that all there is out there? Thanks in advance Glen McBride Bay Networks ASIA-PAC customer service Australia Views are my own and do not represent those of my employer ===== CURRENT PGP KEY FOLLOWS ===== - -----BEGIN PGP PUBLIC KEY BLOCK----- Version: 2.6.2 mQERAzDFDk4AAAEIAJvkPKWMS8TR5eNNQZw5FjUg8roSe/wFdw3d8vCEfb2lX3G+ qBAQKuTSUAhO8marZvNWF9VPuyqkOGEOrwzdont8jSHAdF9dguh1sP56eGXzyn8n mDN1Fw8vQiNrttvCEYUjvLEML8tFlLc7QlQRkAMEGrkH29D4ck3wOkJLEaSZrTcO RIZAzOBVVvrJORVKsREnGG4IrItJCiREw7Gp/LXIHMSEBCdu2+uaNc9nHQxKcYZc yx9UiiZ0XP6TzzUtkD00ZDtO8OdZCAhXdj0zbCUKVrzuY37EgnFVFQ7SlZZAQn/U Jx26k0eZvZhXjhSVd3QyElbJYNFVLrdyU+h+Gt0AIwQAAAABtCpHbGVuIE1jQnJp ZGU8R0xFTl9NQ0JSSURFQGJheW5ldHdvcmtzLmNvbT4= =N/lg - -----END PGP PUBLIC KEY BLOCK----- -----BEGIN PGP SIGNATURE----- Version: 2.6.2 iQEVAwUBMNS1vy63clPofhrdAQHn1wgAjHV2vKXIEY4qZ/Rm2rq4hnJsUJDt+zd5 BbYo/BZBruwX+gqylYlbOemkPvZ7ktAMdu9jUFfaJQ7Cb3jT4kgfp2dqqle6yaq1 0nxU9m7BMiVnSqevtK5Fy+thR/yVZWdHi1LFMy48yp8FCaqvMkEruscOsG0ydUNM lyf3OCNGdN7LQcxQkRE9UzKPwEpacDD/afU5W5aZhhchkpAH9t/kqKzvgXxia1VF 4hfOEcCMN21JO6QGqdnHASVNoIdV44O6BlUPhv5omAqofgU58tnbJ9G3/24zjecM QhxTMGBv+aDB1DtQ+k9wDJTdPBLwhqyWUZWImN3RPVnQb1Ec1CVM8A== =yLIB -----END PGP SIGNATURE-----

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Re: Oklahoma University: Is this legal?...
by jwarren＠well.com 17 Dec '03

17 Dec '03

At 07:09 PM 12/17/95, sethf(a)MIT.EDU wrote: > c) someone decided that everything stored on the University's >computer system was therefore a "public record" (since the computer is >"owned" by the public), and thus had to be accessible by law. Uh, every PRA (public records act) in the nation hase extensive exceptions -- for school records, collective bargaining, various investigative records, etc. NO state PRA or federal FOIA declares blanket access to all public-agency records -- often justifiably; sometimes for agency arse-covering. --jim Jim Warren, GovAccess list-owner/editor (jwarren(a)well.com) Advocate & columnist, MicroTimes, Government Technology, BoardWatch, etc.

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(Fwd) SECURITY ALERT: Password protection bug in Netscape 2.0b
by Peter Trei 17 Dec '03

17 Dec '03

Haven't had time to test this myself. Peter Trei ------- Forwarded Message Follows ------- Date: Mon, 18 Dec 95 17:18:28 From: <lstein(a)genome.wi.mit.edu> Subject: SECURITY ALERT: Password protection bug in Netscape 2.0b3 To: www-security(a)ns2.rutgers.edu, jcarroll(a)redman.canada.dg.com Cc: tara(a)linkage.cpmc.columbia.edu A potentially serious bug has just come to my attention concerning the handling of password-protected pages accessed via Netscape 2.0b3. Apparently when you type in the password to access a protected document Netscape stores the password in a local hidden file (in one of the .db files created in the .netscape directory on UNIX systems, and in the Netscape Preferences file on Macintoshes). This password is then used for accessing the document during subsequent accesses. The problem is that Netscape does not delete the stored password when the program quits. The problem has been reproduced on Unix and Macintosh platforms. I haven't tried the Windows implementation yet, but I suspect the same problem exists. This leads to the following behavior: 1) Open up Netscape and access a password-protected document. 2) Quit Netscape 3) Start Netscape again and try to retrieve the document. When the password-entry dialog comes up, click "Cancel". 4) Try to access the document a second time. Now Netscape lets you in without asking for the password! On Unix systems, this means that if you go over to a associate's machine to show him a protected document, Netscape will record your typed in password for posterity. Your associate now has full access to this page. The situation is particularly dangerous on PCs in a shared "computer lab" environment. Everybody who uses Netscape unwittingly makes his passwords available to all other users. Please let me know if anyone finds out more about this problem. I'm going to add it to the WWW security FAQ. Lincoln ======================================================================== Lincoln Stein, M.D.,Ph.D. lstein(a)genome.wi.mit.edu Director: Informatics Core MIT Genome Center (617) 252-1916 Whitehead Institute for Biomedical Research (617) 252-1902 FAX One Kendall Square Cambridge, MA 02139 =================http://www-genome.wi.mit.edu/~lstein====================

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Re: Java and timing info - second attempt
by Andrew Loewenstern 17 Dec '03

17 Dec '03

Jim Miller (jim_miller(a)bilbo.suite.com) writes: > Would it be possible to create a Java applet that causes the client > machine to sign or encrypt something with their private key, and > then send back timing info? Since access to a private key should always be strictly mediated by the user any Java implementation would probably pop up a panel asking permission for every single private-key encryption operation requested by the applet. The timing attacks require many timed encryptions to get enough information about the key. Even if the user was completely clueless and had no idea what the applet was trying to do I would imagine that they would get tired of clicking "OK" long before sufficient key information was leaked ..... Of course it would be a lot easier for the applet to just try to read the secret key file, encrypt it with an embedded public key, and post it to alt.anonymous.messages. Depending on how security was setup there might be only one or two panels that the user has to dismiss. It would probably get past the same number of clueless users that a more complicated timing attack would fool. andrew

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RSA Data v. Cylink hearing
by rschlafly＠attmail.com 17 Dec '03

17 Dec '03

Another hearing in the public-key patent saga. Cylink/CKC is going for a preliminary injunction against RSA Data for contributory infringement of the Stanford patents. RSA Data has a license to the Stanford patents, but has no sublicensing authority. It has been selling RSA & Diffie-Hellman toolkits and telling customers that they don't need PKP or Stanford patent licenses, and even indemnifying those customers against a patent infringement claim. An arbiter has already ruled that RSA Data's license does not cover customers shipping products. Of course I take the position that these patents are invalid, and now that Bidzos has lost control of them, he suddenly agrees with me. (Sorry, no ruling yet in my case. Stay tuned.) But RSA Data lawyers will have to stand up in court and say that after enforcing the Stanford patent against all public-key users for 5 years, RSA Data suddenly had a revelation that the Stanford patents are invalid after all. It should be amusing. 2:00 pm, Thurs., Jan. 4, 1996 RSA Data v. Cylink/CKC, Case C-95-03256 WHO SF Federal Bldg, court #7, Judge Orrick 450 Golden Gate Ave Directions: Take 9th up from Market -- it turns into Larkin and the federal bldg is on the corner with Golden Gate Ave. docket clerk: 415-522-2060 Roger Schlafly phone: 408-476-3550 CompuServe: 76646,323 US Mail: PO Box 1680, Soquel, CA 95073 USA Internet: rschlafly(a)attmail.com

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Re: Political Cleanup program [NOISE]
by E. ALLEN SMITH 17 Dec '03

17 Dec '03

From: IN%"hallam(a)w3.org" 19-DEC-1995 13:48:07.90 >It is very strange the way that "Libertarians" are so able to turn all rights into property rights. Thus freedom of speech become freedom to have influence on the politicial process in direct proportion to wealth. ------------------ Funny, I'm disagreeing with you, and I believe that government ought to be involved with making sure everyone has a chance to make political speech (via subsidies of education). That doesn't mean that those who can make more speech (through money or any other ability) should be handicapped. ------------------ >I began work on the web in '92 because I saw its potential as a political tool which did not have the bias of wealth. It has the potential to create a new kind of political dialogue. When the Web becomes as ubiquitous as the telephone we will still see inequalities of power, the homeless and the poor will still be underrepresented. But that situation must be judged against our own where the political process can be bought and traded as if it were any other form of comodity. ------------------ You're making the classic PC (otherwise known as distorted egalitarian) mistake: you're wanting equality of results instead of equality of opportunity. Freedom of speech and the press doesn't mean that everyone gets a free press subsidized by the government, and no usage of means outside of that. It means that everyone _potentially_ can influence the political process and the marketplace of ideas. ------------------ >It is not simply an issue of money, it is an issue of national security. If a foreigner were to control the majority of the media there would be a significant threat to the national interest. This threat has been realised in the UK with the comming to power of Rupert Murdoch. Fortunately his influence on the US political scene has thus far been minor. In his own country he has brought down the government more than once. ----------------- This argument looks quite similar to those used for Canadian Content restrictions. "We can't let in Hollywood, they might be more demanded by the people than our own culture." "We can't let in Rupert Murdoch, his product might be more demanded by the people than our own products." It all comes down to people not having the courage to let their ideas be tested by what will get the most demand. -Allen

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Re: What ever happened to... Cray Comp/NSA co-development
by tcmay＠got.net 17 Dec '03

17 Dec '03

At 12:22 AM 12/20/95, Jiri Baum wrote: >-----BEGIN PGP SIGNED MESSAGE----- > >Hello, > >tcmay wrote: >... >> Prime Factoring? Primes are easy to factor, of course. (Hint: Every prime >> has two factors.) >... > >Can someone enlighten me as to what the two factors are? > >With sensible definitions I've heard you either get one (just itself) >or four (itself [p], both units [1,-1] and the co-whatsitsname [-p]). You're looking too deeply. My point was in response to the very common error people make in talking about "factoring a large prime number." A prime is actually easy to factor: itself and 1, which is the point I was making. (One can quibble about whether 1 is a factor...I include it, though 1 is admittedly not considered a prime. But this is a quibble, I think.) --Tim May Views here are not the views of my Internet Service Provider or Government. ---------:---------:---------:---------:---------:---------:---------:---- Timothy C. May | Crypto Anarchy: encryption, digital money, tcmay(a)got.net 408-728-0152 | anonymous networks, digital pseudonyms, zero Corralitos, CA | knowledge, reputations, information markets, Higher Power: 2^756839 | black markets, collapse of governments. "National borders are just speed bumps on the information superhighway."

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RE: Political Cleanup program [NOISE]
by Kurt Buff (Volt Comp) 17 Dec '03

17 Dec '03

---------- From: hallam@w3.org[SMTP:hallam@w3.org] Sent: Tuesday, December 19, 1995 8:22 To: Bill Stewart; cypherpunks(a)toad.com Cc: hallam(a)w3.org Subject: Re: Political Cleanup program [NOISE] >I happen to believe in freedom of speech, especially political speech, >and if you're not allowed to spend money broadcasting your speech or >printing your messages, you don't have much freedom of press or speech. It is very strange the way that "Libertarians" are so able to turn all rights into property rights. Thus freedom of speech become freedom to have influence on the politicial process in direct proportion to wealth. Not so strange really. All rights, correctly understood, *are* property rights. What most don't understand is that rights are protections from the initiation of force by others. What this means is that you (anyone) don't have the right to the property of others. You have the right to offer mutually satisfactory exchanges, or even solicit outright gifts, but what is yours is yours, and it shouldn't be subject to extortion or theft by others. This includes your time, cash, and any other tangible assets you may own. I began work on the web in '92 because I saw its potential as a political tool which did not have the bias of wealth. It has the potential to create a new kind of political dialogue. When the Web becomes as ubiquitous as the telephone we will still see inequalities of power, the homeless and the poor will still be underrepresented. But that situation must be judged against our own where the political process can be bought and traded as if it were any other form of comodity. The problem with the political process now is that the government and its beneficiaries (which includes both the large corporation and the welfare class) have over time arrogated to themselves the power to steal (via taxes and regulation) our lives and our livelihood from us. The poor and the rich will always be with us, but they shouldn't be special clients of the state at the expense of everyone else. It is not simply an issue of money, it is an issue of national security. If a foreigner were to control the majority of the media there would be a significant threat to the national interest. This threat has been realised in the UK with the comming to power of Rupert Murdoch. Fortunately his influence on the US political scene has thus far been minor. In his own country he has brought down the government more than once. The only reason foreign money might be a threat to us is again that the government arrogated to itself the power to regulate our lives. The reason and interest for lobbying the government, whether through the press or through other, more direct, efforts is that the government *can do something* about whatever happens to be at issue. Take away the ability of the government to act, and there won't be any money spent lobbying it. I submit we'd all be better off. >And as far as "prevent the political process from being owned by the rich" >goes, there have been brief exceptions over the last 5000 years in which >the less-rich have overthrown the rich, but campaign finance laws have almost >never kept the rich or the politicians from helping each other out. In UK politicis the influence of an individual's money is limited to influencing one party. Even that is done behind closed doors. The other major parties both limit the size of individual contributions to a constituency party to a relatively nominal sum. $5000 is a huge sum in UK politics. >I also don't believe freedom of speech should be limited by national >boundaries. Nor do I. But I only vote in one country. If we take the question outside the US it would not on the whole be a good thing if the Prime Minister of Tobago (say) were provided with a campaign contribution of $1M by a foreign company with an interest in strip mining the entire island. similarly it would be a bad thing if Columbian drug lords were to make massive contributions to politicians committed to continuing the prohibition on drugs. See my above comments. Only if the PM of Tobago could steal the land from its owners could he permit the island to be strip-mined. And only if the government has the power to prohibit drug possession would the Cali cartel be interested in making campaign contributions. No power to do something, no money offered to do it. Kurt [speaking only for myself, of course] Phill

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No Subject
by cpunk＠remail.ecafe.org 17 Dec '03

17 Dec '03

Submitted for your approval... The recent CryptoLib, offered by the nice folks at AT&T (Written by Jack Lacy and Don Mitchell), has a small problem: folks without RSA licenses are given a crippled version without functional RSA code. It sucks, but they must cover their collective asses. That small problem has now been rectified. Is CryptoLib available overseas yet? ================================CUT HERE=================================== *** - Sun Dec 17 20:05:50 1995 --- rsa.c Sun Dec 17 20:05:36 1995 *************** *** 411,421 **** #endif { BigInt result; ! fprintf(stderr, "RSA encryption not supported without license.\n"); ! result = bigInit(0); return result; } - #ifdef K_AND_R _TYPE( BigInt ) RSADecrypt(message, key) --- 411,420 ---- #endif { BigInt result; ! result = bigInit(0); ! bigPow(message, key->publicExponent, key->modulus, result); return result; } #ifdef K_AND_R _TYPE( BigInt ) RSADecrypt(message, key) *************** *** 427,434 **** #endif { BigInt result; ! fprintf(stderr, "RSA decryption not supported without license.\n"); ! result = bigInit(0); return result; } --- 426,433 ---- #endif { BigInt result; ! result = bigInit(0); ! chineseRemTheorem(message, key, result); return result; }

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Re: Is ths legal?...
by Declan B. McCullagh 17 Dec '03

17 Dec '03

Disclaimer: I'm not a lawyer. Harvey is. (And a pretty damn good one, too.) -Declan ---------- Forwarded message begins here ---------- Date: Sun, 17 Dec 1995 14:38:24 +0001 (EST) From: Harvey A Silverglate <has(a)world.std.com> Subject: Re: Is ths legal?... To: "Declan B. McCullagh" <declan+(a)CMU.EDU> In-Reply-To: <wkoy1Sq00YUvMl2sVN(a)andrew.cmu.edu> Message-Id: <Pine.3.89.9512171444.F10678-0100000(a)world.std.com> Mime-Version: 1.0 Content-Type: TEXT/PLAIN; charset=US-ASCII Declan - The answer to the "is this legal?" question is more complex than simply "private versus public" university. There are fairly strict federal anti-wiretapping laws. It is hardly clear that a private university may eavesdrop on students' phone or computer conversations, even if conducted over the university's network. Furthermore, many states have their own anti-wiretap and anti-eavesdrop laws, which are even stricter than federal standards. I don't have the time nor the inclination to do research into Oklahoma law, but we did some research into this area of state and federal law for the LaMacchia case and concluded that in its investigation of David LaMacchia, MIT very well might have violated federal laws. Harvey Silverglate

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E-cash coin questions (Mark Twain / Digicash)
by David Klur 17 Dec '03

17 Dec '03

1. How many different coins (serial numbers) can the current Mark Twain/Digicash protocol support? 2. Does Mark Twain bank maintain 2 lists: 1 of all the ecash serial numbers for all coins ever produced, and 1 of all the ecash serial numbers for all coins that have been spent before? Or just 1 list of the spent coins (assuming that any coin that is signed w/MT's private key and does not appear on the "spent" list is still valid and is not counterfeit)? 3. The Digicash scheme allows each coin to be used only once and then destroyed. How many coins will it take before all possible coins are minted, used and destroyed thereby requiring banks to issue new coins with "recycled" serial numbers? Remember, each time a "transaction" takes place, an existing coin is destroyed and a new coin is minted. and a transaction can simply be Alice giving her friend Bob a dollar (not necessarily using the ecash for a purchase) 4. What is the probability of guessing a valid serial number, assuming there are 1 million, 1 billion or 1 trillion coins in circulation? 5. Suppose you have a very large number of cash coins signed by the same bank (say, Mark Twain) and you know the record layout of each coin (easy enough since you can decrypt it with the bank's public key), and for each coin the "bank name" field is the same (because it's the same bank!) -- then, would it be possible to hack the RSA encryption and recreate the bank's private key? -----BEGIN PBP SIGNATURE----- Version: 1.0.0, Copyright 1995, Pretty Bad Privacy David Klur dklur(a)dttus.com I am who I am because I say so. So there. -----END PBP SIGNATURE-------

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revised time quantization package (Unix & WIN32) available
by Matt Blaze 17 Dec '03

17 Dec '03

A revised version of my simple CPU time quantization package is now available for most Unix and, thanks to the efforts of Frank O'Dwyer (Rainbow Diamond Ltd), WIN32 platforms. The package provides a simple interface to encapsulate code blocks that must run in a multiple of a coarse-grained "quantized" amount of CPU time. It is useful in building various on-line cryptographic protocols in which an attacker could otherwise learn key information by observing the time the target takes to perform calculations that use the secret (c.f., Paul Kocher's recent attacks). The basic idea is that you can specify a "quantum" such that at the end of an encapsulated block the CPU will busy-wait until the next quantum multiple. Fine-grained (below the quantum) timing information is thereby denied to the observer (including unprivileged processes on the same machine). The code is quick-and-dirty and only runs on Unix-centric and WIN32-based platforms. Test and use at your own risk. There are (basically) no restrictions on the use or distribution of the (very simple) code. Get it from: ftp://research.att.com/dist/mab/quantize.shar The quantize package is also part of Jack Lacy's cryptolib package (watch this space for details). -matt

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