December 2003 - cypherpunks-legacy

Feds Seek PKI Bids
by A. Padgett Peterson P.E. Information Security 17 Dec '03

17 Dec '03

>USG published a solicitation today in the CBD for a >Public Key Infrastructure which outlines the system >requirements: > http://jya.com/pkicbd.htm Interesting from what is *not* there - any mention of key recovery/key escow. Looks like they may finally understand what a Certificate Authority is (not holding breath). Do not think much of appelations (Classic & Gold) and suspect they may need more than two but sounds like a good start. Warmly, Padgett

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The slippery slope
by Steve Schear 17 Dec '03

17 Dec '03

Justice Brennan and the slippery slope by Joseph Sobran The legacy of William Brennan, who died last week at 91, is summed up in the phrase "judicial activism." In an editorial eulogy, The New York Times praised him for his belief that "the Constitution was a living document that could and should be interpreted aggressively," as opposed to "the narrow, static doctrine of original intent, the notion that the Constitution can best be interpreted through the eyes of the Framers." Brennan himself attacked the idea of seeking the Framers' original intent as "arrogance in the cloak of humility." Apparently his own notion of humility was satisfied by giving the Constitution meanings nobody had ever suspected it of containing. Or, as he put it, the "genius" of the Constitution lay in the adaptability of its great principles to cope with current problems and needs." In plain language, Brennan imposed his own liberal agenda and said it was the Constitution speaking. He was ofton able to muster majorities on the Supreme Court to join him in this judicial ventriloquism. But even when his goals were worthy, his methods were despotic. In landmark opinions, Brennan held that the Constitution forbids the states to apportion their legislatures in their own ways, to define libel as they see fit, to cut off welfare benefits without a hearing, to ban the distribution of contraceptives to unmarried people, and to require public schools to balance the teaching of evolution with the teaching of theistic doctrines of creation; he also concurred in rulings forbidding the states to ban abortion and to execute criminals. Maybe Brennan knew how the states should have been governed better than the people of the states did. His various positions can be argued as matters of policy. But it was dishonest for him and his admirers to pretend that these positions were constitutional imperatives. And that pretense has done serious damage to the rule of law. Ideologically predictable, Brennan made the law itself unpredictable. In pursuit of his own agenda, he overturned settled understandings and ignored the clear language of the Constitution. His most important rulings usurped the powers constitutionally reserved to the states and the people thereby enlarging - unconstitutionally - the powers of the federal judiciary. Interpreting the Constitution, Brennan once said, "demands of judges more than proficiency in logical analysis." Maybe so, but it does demand such proficiency above all other things, and to disparage reason is to abandon the quest for stable law. Under jurists like Brennan, we are back where we started: subject to the arbitrary will of men rather than the irnpersonal rule of law. True, the states are often badly governed. On many specific issues they might have been better ruled by a William Brennan armed with dictatorial powers than they were hy their own legislatures, if results are everything and procedure doesn't matter. But there can be no shortcuts through the Constitution. The individual rights Brennan cherished are often abused. Is that an argument for ignoring them even when they are enshrined in law? Liberals insist that banning pornography is a slippery slope to thought control. But allowing a government to claim powere never granted to it, a habit now virtually synonymous with liberalism, is far more surely a slippery slope to tyranny. After all, every totalitarian state says it is merely trying to "cope with current problems and needs" when it dispenses with the inconvenience of the rule of law. The test of an honest jurist is whether he is willing to rule against his own preferences, deferring, however reluctantly, to what the law requires in the case at hand. The law may be wrong the legislature may be derelict, the people may be corrupt; but still, the law is the law and it must be honored. But Brennan's rulings were the triumph of preference over deference. He ruled without the normal regrets of a justice who sometimes feels compelled to put the law ahead of his personal desires. For him, as for many of his generation, the office of Supreme Court justice was an irresistible opportunity to wield power in the guise of interpreting the law.

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Re: Masons and Fnords
by Peter Trei 17 Dec '03

17 Dec '03

Mike Duvos <enoch(a)zipcon.net> writes: At 2:00 AM -0700 8/9/97, David D.W. Downey wrote: >To show how much this country *was* in fact based upon Christianity, >one has only to look at our money. "In *God* we trust. That slogan was added only fairly recently - I think in the 30's. The reverse of the Great Seal (the pyramid) has been on the dollar bill only since the Roosevelt administration, and was almost unknown to the average citizen before that. > Tim May writes: > > > Actually, _all_ of the Founders were Masons. Tim Bob says check it out. > > Correct. Thomas Jefferson, Ben Franklin, and others were Deists, and > Masons, and would have laughed hysterically at the absurd notion of the > divinity of Jesus Christ. Nope. While many of the Founders were Masons, by no means all were. In particular, there is no evidence that Jefferson was ever a member. Robert Hettinga <rah(a)shipwright.com> writes: >Well, Unitarians like to claim Jefferson, because of a nice letter he >wrote to Joseph Priestly. Of course, we like to claim *all* the cool >people... The Masons are guilty there too... try reading the entry on Freemasonry on Bierce's "The Devil's Dictionary". John Young wrote: >Tim May wrote: >>--Tim May, 34th Degree Mason, former resident of Alexandria, home of >>the Masonic Temple. Tim is engaging in his traditional hyperbola here - I can assure you that he is NOT 34th degree, and I strongly doubt that he is a Mason of any shape or form. But: >Now this is modest understatement with regard to this MT, the Godzilla >of Masonic Temples, worth a side trip from the Capital of the Freeh >World. You won't believe your eyes at this pyramid scheme putting the >originals at Giza to shame. >That over-reaching Alexandria Masonic Temple is matched only by the >Mormon in Utah and the Buddhist in W.VA and St. Peters and Angor Wat >and ... Billy Gates' Xanadu. Aside from a nit (it's not a temple, but rather a memorial: "The George Washington Masonic National Memorial" to be exact), this is largely correct. It's a really grand, funky piece of architecture, and open to the public, with free guided tours. Over 300 feet tall, and on the highest point in Alexandria, it has a *very* impressive view from the top, taking in all of DC and miles around. There's a website at http://www.georgewashington.org. It overhypes the site's importance to Masonry, but gives you some views of the exterior and interior. If you're in the area with a couple hours to kill, it's definitely worth a visit (it's only a few minutes from National Airport). Don't miss the bookshop/souveneir stand. Those in the Silicon Valley area might also want to visit the Rosicrucian Museum in San Jose, a similarly funky building, belonging to an unrelated group. Peter Trei trei(a)process.com

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Dr. McVeigh / Re: A peculiar notion
by TruthMailer 17 Dec '03

17 Dec '03

David D.W. Downey wrote: > Steve Schear wrote: > > In short, the Constitution itself was a casualty of >Lincoln's war. A Pyrrhic victory indeed. > > > For the first time in a long time, I've read a post that actually make > me seriously consider rethinking what I have been taught. I've studied > quite a bit in regards to US law and the Consitution, (made necessary by > my being Pro-PGP), and never looked in that direction. Your post adds a > very different light to things. > Thank you for the push. I also thought that it was one of the more thought-provoking posts in a while, but I would certainly never send a polite, thankful post to the list, saying so. My "CypherPissing" mail folder turned out to be genetically related to the plant in "Little Shop of Horrors" and, the larger it gets, the more it demands to be fed. In order to provide it with enough of the sewage-supplement it needs to keep from eating my "cat" command, I may have to send a post to the list praising Sandy Sandfort, Chris Lewis, and blessing Armenians everywhere. (I have tried remailing old ASCII-art spams to myself, but it refuses to eat left-overs.) (Perhaps I can get my "CypherPissing" folder a few snacks to munch on, in the meantime, by seeing if praising Tim McVeigh is still good enough bait to get a few nibbles. "Suckers" taste pretty good, if you "smoke" 'em.) Anyway... There are some concepts and arguments that "chip away" at an assumed belief or a train of logic, and there are those that knock down a load- bearing support column. The Joseph Sobran piece which Steve posted to the list could, with a proper "primer," do the kind of damage to our view of Civil War history as the OKC bomb did to the Murrah Federal Building. Come to think of it, maybe McVeigh _was_ the primer for explosive new views of why Federalism is quickly becoming indistinguishable from Fascism. The advantage that literature has over black powder is that it is reusable and doesn't leave as big a mess to clean up. The advantage that black powder has over literature is that it makes enough noise to get the message to the blind, as well, and sometimes even restores the sight of the blind. {Warning: Since the side-effects of Black Powder can be substantial, it should only be used in cases where the physician has determined that the benefits of "treatment" outweigh the risks. Dr. McVeigh's surgery in OKC falls into the category of private research (even if he did receive some government funding). However, follow-up research by others may lead to McVeigh's technique being improved and perhaps gaining enough recognition to make it standard paramedical procedure.} TruthMonger

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Fw: slow network behavior with Linux kernel 2.0.x
by Dave Ross 17 Dec '03

17 Dec '03

Can any of you help us with this mess? Linux is not my strong suit. Thanks! My engineer is pulling his hair out. I would appreciate any suggestions anyone could make. -dave ross davros(a)raf.com ---------- > From: Bruce Thompson <bt(a)raf.com> > To: davros@fred > Subject: Fw: slow network behavior with kernel 2.0.x > Date: Tuesday, August 12, 1997 12:18 AM > > > > ---------- > | From: Bruce Thompson <bt(a)raf.com> > | To: linux-kernel(a)vger.rutgers.edu > | Cc: linux-net(a)vger.rutgers.edu > | Subject: slow network behavior with kernel 2.0.x > | Date: Thursday, July 31, 1997 4:40 PM > | > | > | My company developes a psuedo real-time client-server system that runs on > | linux connected through TCP sockets. I have been noticing it has been > | taking the data packets quite a while to reach the clients from the > server. > | After trying several different ethernet cards and speeds (TP vs > thinnet,10 > | vs 100), I have determined that the slow down only occures when the > server > | is running with a linux 2.0.x kernel (I have not tried 2.1.x). Any > system > | running up to 1.3.89 runs fine at full speed. I have not yet tested any > | kernel between 1.3.89 and 2.0.0 > | > | From looking at tcpdumps, it appears that packets are not getting acked > in > | a timely way. I have turned off the 'delayed ack' feature of TCP and > have > | not seen any improvement. Here are some tcpdumps > | > | > | Example of what I would expect to be normal. > | 10:42:17.70 server > client: . 1:1461(1460) ack 98 win 31744 (DF) > | 10:42:17.70 server > client: . 1461:2921(1460) ack 98 win 31744 (DF) > | 10:42:17.71 client > server: . ack 2921 win 31744 (DF) > | 10:42:17.71 server > client: . 2921:4381(1460) ack 98 win 31744 > | 10:42:17.71 server > client: . 4381:5841(1460) ack 98 win 31744 > | 10:42:17.71 server > client: . 5841:7301(1460) ack 98 win 31744 > | 10:42:17.72 client > server: . ack 7301 win 31744 (DF) > | 10:42:17.72 server > client: P 7301:8760(1459) ack 98 win 31744 (DF) > | 10:42:17.74 client > server: . ack 8760 win 31744 (DF) > | > | Example of time lost with no ack of the first packet causing a 200ms > delay, > | and two acks that cause waits of 40ms and 70ms. > | > | 10:42:22.17 server > client: . 8760:10220(1460) ack 1222 win 31744 (DF) > | 10:42:22.37 server > client: . 8760:10220(1460) ack 1222 win 31744 (DF) > | 10:42:22.37 client > server: . ack 10220 win 31744 (DF) > | 10:42:22.37 server > client: . 10220:11680(1460) ack 1222 win 31744 > | 10:42:22.51 client > server: . ack 11680 win 31744 (DF) > | 10:42:22.51 server > client: . 11680:13140(1460) ack 1222 win 31744 > | 10:42:22.51 server > client: . 13140:14600(1460) ack 1222 win 31744 > | 10:42:22.52 client > server: . ack 14600 win 31744 (DF) > | 10:42:22.52 server > client: . 14600:16060(1460) ack 1222 win 31744 > | 10:42:22.59 client > server: . ack 16060 win 31744 (DF) > | 10:42:22.59 server > client: P 16060:17519(1459) ack 1222 win 31744 (DF) > | 10:42:22.61 client > server: . ack 17519 win 31744 (DF) > | > | Here is a particularly bad example where the same 8760 byte file took 1.7 > | seconds to be transfered. > | > | 10:17:14.95 server > client: . 1:1461(1460) ack 98 win 31744 (DF) > | 10:17:15.14 client > server: . ack 1461 win 31744 (DF) > | 10:17:15.14 server > client: . 1461:2921(1460) ack 98 win 31744 > | 10:17:15.14 server > client: . 2921:4381(1460) ack 98 win 31744 > | 10:17:15.44 client > server: . ack 2921 win 31744 (DF) > | 10:17:15.44 server > client: . 4381:5841(1460) ack 98 win 31744 > | 10:17:15.45 client > server: . ack 2921 win 31744 (DF) > | 10:17:15.64 client > server: . ack 2921 win 31744 (DF) > | 10:17:16.08 server > client: . 2921:4381(1460) ack 98 win 31744 > | 10:17:16.27 client > server: . ack 5841 win 31744 (DF) > | 10:17:16.27 server > client: . 5841:7301(1460) ack 98 win 31744 > | 10:17:16.57 client > server: . ack 7301 win 31744 (DF) > | 10:17:16.57 server > client: P 7301:8760(1459) ack 98 win 31744 (DF) > | 10:17:16.59 client > server: . ack 8760 win 31744 (DF) > | > | In general, the system just seems to be slow in responding to this > network > | traffic. This is a private network for these systems so there should be > | now problem with other traffic affecting these timings. With 1.3.x I see > | total transit times on the order of 30ms on the 10Mbps network. > | > | The same hardware that runs slowly with 2.0.x will run quickly with only > | the kernel changed. > | > | Any ideas as to what could be causing this? > | > | > | Thanks, > | ------------------------- > | Bruce Thompson > | RAF Technology > | (206) 867-0700 > | > |

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by D.Reynolds 17 Dec '03

17 Dec '03

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Enter the ZDNet Channel Surfing Sweepstakes!
by announce＠lists.zdnet.com 17 Dec '03

17 Dec '03

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The Right to Bare Arms on "The slippery slope" of Capital Hill
by nobody＠REPLAY.COM 17 Dec '03

17 Dec '03

Steve Schear wrote: > Justice Brennan and the slippery slope > by Joseph Sobran > > The legacy of William Brennan, who died last week at 91, is summed up in > the phrase "judicial activism." When your "activism" is backed with guns, it's called tyranny. > Or, as he put it, the "genius" of the > Constitution lay in the adaptability of its great principles to cope with > current problems and needs." e.g. - The "Right to Bare Arms" means that we can charge Capital Hill with machete's and and cut those fuckers' arms off to keep their fucking hands out of the public till. The "Right to Free Speech" means that we can cut their fucking throats and free those "honest" words that have been trapped down there ever since they got to D.C. God, I love an Constitution with "adaptable principles." > In plain language, Brennan imposed his own liberal agenda and said it was > the Constitution speaking. > But even when his > goals were worthy, his methods were despotic. > Under jurists like Brennan, we are back where we > started: subject to the arbitrary will of men rather than ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ > the impersonal rule of law. ^^^^^^^^^^^^^^^^^^^^^^^^^^ Exactly. The right wing kills us with weapons and the left wing kills us with kindness. The Constitution has always suffered as much or more under the judicial influence of Democrats than it has under the influence of Republicans. The citizen's pocketbook, likewise--the Republicans want to spend others' money on weapons and the Democrats want to give it to "worthy" causes of "their" choosing. If one of their relatives needs a kidney, then the Republicans want to force drug-dealers and child-pornographers to give them one of theirs. The Democrats want to hold a lottery so that all of us are subject to giving them a kidney. Constitution!??!?? How _dare_ you suggest tht drug-dealers have rights? How _dare_ you suggest that someone with no kidneys doesn't have a right to receive your "spare" one from the government? > The test of an honest jurist is whether he is willing to rule against his > own preferences, deferring, however reluctantly, to what the law requires > in the case at hand. Like it or not, when two cops blatantly lie on the witness stand (i.e. - telling you that the husband of a murdered woman was not considered a "suspect" when they climbed over his fence) then their evidence should be thrown out. The majority of the nation (and an elected judge) just coughed and looked at their feet when that happened at the "guilty black man's trial," but the "honest" jurists who held a human life in their hands did not. Halfway through the O.J. trial, someone asked me what I thought the verdict should be. I glanced at the courtroom circus and said, "I think we should find them _all_ guilty!" I have come to the same conclusion regarding our legislators. If I were on the Supreme Court, I might take into consideration my need for fertilizer for my garden when deciding their fate. (Of course, being a strong Constitutionalist, I would only have their "Bare Arms," which the Constitution gives me the right to, cut off to feed my plants.) Timothy May points out that things have reached a point where we no longer need to decide on the "kind" of solution to our problem, but the "calibre" of the solution (or "megatonnage"). Robert Hettinga made a good point that, while we may be having a lot of fun with our discussions about the law and the Constitution, technology and the economy will likely influence most of the future direction of eCa$h (as well as privacy and freedom, etc.). Sadly, they are both more right than most of us would like to admit. I would like to think that Republicans and Democrats, the EFF and Freeh, the Government and the people, Rodney King and the L.A. cops, could "all just get along." The reason we can't? We have no longer have a Constitution to hold on to--to balance the stronger against the weaker, the larger against the smaller, the "little" rights and wrongs against the "big" rights and wrongs. > But Brennan's rulings were the triumph of preference over deference. > For him, as for many of his > generation, the office of Supreme Court justice was an irresistible > opportunity to wield power in the guise of interpreting the law. So we end up with legisltors who now have the power to give our money to the rich _or_ to the poor depending on who holds power, and they have the power to kill us with weapons _or_ with kindness when they hold the majority. We are governed by those who think that "The answer to blatantly unconstitutional laws, is _more_ unconstitutional laws." and "The Legislature interprets the Constitution as damage, and routes around it." "A Vote for TruthMonger is a Vote for Fear, Uncertainty and Doubt." Perhaps we need to start a FUD Party. Run a multi-user persona candidate, such as TruthMonger. (MayMonger, TreiMonger, SchearMonger, snowMonger, CrispinMonger). We can each gather our own brand of faithful under a common flag, telling each faction whatever kind of FUD they want to hear before they will vote for us, and become the next majority. Once we are in power...we restore the Constitution, throw out all other laws, and starch the flag (so that nobody can wrap themself in it). Then we quit. {Disclaimer: The fault in the idea espoused above lies in the fact that I (and proably many others) cannot hold it in my mind for more than a few seconds before I invariably start thinking about a few, small "improvements" I could make before resigning.} ("I have met the enemy, and he is _me_.") TruthMangler p.s. - Or, how about, "If elected, we promise to kill ourselves."?

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A peculiar notion
by Steve Schear 17 Dec '03

17 Dec '03

For those who think that a convenient liberal interpretation of our Constituton, a 'la Justice Brenan, is a relatively recent phenomenon, I offer: --------------- Rethinking Lincoln and his peculiar notion By Joseph Sobran War usually isn't worth the price, even when you win. A new collection of essays, "The Costs of War: America's Pyrrhic Victories," edited by John V. Denson (published by Transaction), takes a new look at our wars without the mythology that portrays them as not only worthwhile but gloriOUB. The contributors to this stimulating collection agree that most of our wars have had the ultimate effect of strengthening government at the expense of liberty and the rule of law. One of the most provocative essays in the volume is the historian Richard Gamble's essay "Rethinking Lincoln." Today Lincoln is a demigod to nearly everyone, with intellectual celebrants on both the Left (Gerry Wills) and the Right (Harry V. Jaffa). We seldom ask whether he was justified in making war on the seceding states. Yet in his own time, this was the crucial queation. The Southern states declared their independence in emulation of the original 13 Colonies, and many Northerners recognized their right to do ao. On what grounda did Lincoln deny that right? On grounds that these states permitted slavery? No, because that would have invalidated the 1776 Declaration, which Lincoln, like most Americans, held sacred. Some other reason had to be found. So Lincoln chose to call secession "rebellion" and "insurrection" - an uprising against the sovereign Union. He managed thus, Mr. Gamble points out, by subtituting for the actual early history of the Union his own version of the American founding." Lincoln offered the. peculiar notion that the Union had somehow pre-existed the Constition, the Articles of Conderation, and even the Declaration of Independence, and that no state, therefore, could withdraw from it. The Union is older than the states," Lincoln argued; "and, in fact, it created them as states." But, as Jefferson Davis, the Confederate president, pointed out, the Constitution had been "a compact between independent states." The powers given to the federal government had been "delegated," and whatever is delegated can be withdrawn. In fact, several states had ratified the Cosstitution on the express condition that they could reclaim the delegated powers and secede at any time. Since the right of secession had been stipulated without challenge in 1789, either the states had retained it or their ratifications had been invalid. Lincoln simply ignored this dilemma. His argument implied that the states had had no choice but to ratify the Censtitution, since they belonged to a Union from which there was no exit. "In Lincoln's mind," Mr. Gamble observes, "the Union was not only perpetual, antecedent to the Constitution, and the creator of the very states that now sought to leave, it was also a spiritual entity, the mystical expression of a People." A superb lawyer, logician and rhetorician, Lincoln must have known how feeble his argument was. Before becoming president, he had several times affirmed the right of any people, sufficiently numerous for national independence, to throw off, to revolutionize, their existing form of government, and to establish such other in its stead as they may choose." This was sound Jeffersonian doctrine, and his later sophistical attempts to wriggle out of it must have embarrassed him. In his prosecution of the war against the Confederacy, he claimed, with similar sophistry, powers that, under the Constitution, properly belonged to Congress, including the powers to raise an army and navy and to suspend habeas corpus. He just)fied himself on grounds that Congress would have done these things had it been in session-which Mr. Gamble calls a peculiar defense of his behavior that conceded his guilt." By Lincoln's wartime logic, no state can ever have the right to secede, no matter how flagrantly the Constition is violated by the federal government. The Civil War, waged in the name of the Declaration actually resulted in the practical abrogation of its principle that any just government must have "the consent of the governed." Lincoln insisted that he was violating parts of the Constitution only to save the whole; but the war ultimately left the interpretation of the Constitution at the mercy of the government it is supposed to restrain. In short, the Constitution itself was a casualty of Lincoln's war. A Pyrrhic victory indeed.

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RE: Forged headers
by rab＠stallion.oz.au 17 Dec '03

17 Dec '03

Try RFC822... > ---------- > From: The Traveler[SMTP:travel23@juno.com] > Sent: Tuesday, 12 August 1997 16:08 > To: cypherpunks(a)toad.com > Subject: Forged headers > > > Does anyone know of a URL where you can get information on how to > forge > headers and email addresses? > > The Traveler > > ----------------------------- > "Sometimes you're the bug, sometimes you're the windshield." >

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