December 2003 - cypherpunks-legacy

Sentencing for Electronic Copyright Infringement
by John Young 17 Dec '03

17 Dec '03

The United States Sentencing Commission published in the Federal Register today an RFC on changes in sentencing guidelines. Here's an excerpt on electronic copyright infringement: . . . Legislative Amendments Electronic Copyright Infringement 9. Issue for Comment The No Electronic Theft Act, Public Law 105-147, was recently enacted to provide a statutory basis to prosecute and punish persons who, without authorization and without realizing financial gain or commercial advantage, electronically access copyrighted materials or encourage others to do so. The Act includes a directive to the Commission to (A) ensure that the applicable guideline range for a crime committed against intellectual property (including offenses set forth at section 506(a) of title 17, United States Code, and sections 2319, 2319A, and 2320 of title 18, United States Code) is sufficiently stringent to deter such a crime; and (B) ensure that the guidelines provide for consideration of the retail value and quantity of the items with respect to which the crime against intellectual property was committed. Each of the statutes mentioned in the congressional directive currently are referenced to Sec. 2B5.3 (Criminal Infringement of Copyright or Trademark). That guideline provides for incrementally greater punishment when the retail value of the infringing items exceeded $2,000. However, when copyrighted materials are infringed upon by electronic means, there is no ``infringing item'', as would be the case with counterfeited goods. Therefore, the Commission must determine how to value the infringed upon items in order to implement the congressional directive to take into account the retail value and quantity of the items with respect to which the offense was committed. The Commission invites comment on how Sec. 2B5.3 (Criminal Infringement of Copyright or Trademark) should be amended to best effectuate the congressional directives. An approach suggested by the Department of Justice is set forth below. The Commission invites comment on this and alternative proposals. Department of Justice Proposed Amendments to Sec. 2B5.3: The text of Sec. 2B5.3 is amended to read as follows: ``(a) Base offense level: [6] (b) Specific Offense Characteristic (1) If the loss to the copyright or trademark exceeded $2,000, increase by the corresponding number of levels from the table in Sec. 2F1.1 (Fraud and Deceit).''. The Commentary to Sec. 2B5.3 captioned ``Application Note'' is amended in Note 1 by striking: `` `Infringing items' means the items that violate the copyright or trademark laws (not the legitimate items that are infringed upon).'', and inserting: ``A court may calculate the `loss to the copyright or trademark owner' in any reasonable manner. In determining `loss to the copyright or trademark owner,' the court may consider lost profits, the value of the infringed upon items, the value of the infringing items, the injury to the copyright or trademark owner's reputation, and other associated harms.''. The Commentary to Sec. 2B5.3 captioned ``Application Note'' is amended by striking ``Note'' and inserting ``Notes''; and by adding at the end the following new note: ``2. In some cases, the calculable loss to the victim understates the true harm caused by the offense. For example, a defendant may post copyrighted material to an electronic bulletin board or similar online facility, making it easy for others to illegally obtain and further distribute the material. In such an instance, it may not be possible to determine or even estimate how many copies were downloaded, or how much damage the defendant's conduct ultimately caused. In such cases, an upward departure may be warranted. See Chapter Five, Part K (Departures).''. The Commentary to Sec. 2B5.3 captioned ``Background'' is amended in the first paragraph by striking ``value of the infringing items'' and inserting ``loss to the copyright or trademark owner''; and by striking ``loss or''. [End excerpt] For the full RFC: http://jya.com/ussc010698.txt (254K)

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17 Dec '03

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Hi-tech anti-terrorism... [CNN]
by Jim Choate 17 Dec '03

17 Dec '03

Forwarded message: > GADGET WARFARE: HIGH-TECH ANTI-TERRORISM > > January 6, 1998 > Web posted at: 9:34 p.m. EST (0234 GMT) > > From Netly News Writer Declan McCullagh > > For a country with no real military rivals, the U.S. still manages > to find an amazing number of enemies. Terrorists top the list of > anti-American villains, according to a Pentagon report released last > month. > > The 100-page document, called "Responses to Transnational Threats," > describes how the military should respond to the threat of saboteurs > and bombers aiming for violence, not victory. The solution, > according to the Pentagon, is to develop a set of gadgets that would > make even James Bond jealous. > > Micro-robots > > A spy camera scuttling through the underbrush? Yes, disguised as "an > insect, a small pebble, or a stick." The report calls for the > development of "micro-robots" that walk or fly and can beam video, > audio and infrared signals back to their operators: "These sensors [deleted text] > Sticky electronics > > Think SpiderMan's spidertracers, only smaller. "Sticky electronics" > adhere to a suspected terrorist's clothing, hair, luggage or vehicle > and report his location. These almost microscopic gizmos tune in to > satellite signals and transmit their exact latitude and longitude. [deleted text] > Bio-sniffers > > Go lie down, Fido. Soon drug-sniffing dogs may be replaced by even > more sensitive, digital noses. If suspects have been handling nukes, > biological weapons or high explosives, the military hopes to be able > to sniff substance traces from items like passports. "As future [text deleted] > technology is improved, antigens might then be detected at national > entry portals as trace contamination on emigration documents or > passports, by urine analysis or by other means." Look for companies > to use this as a more sensitive (if not more reliable) type of drug > testing. > > The Internet > > The Net shouldn't be viewed as "a vulnerability." That view "loses > sight of many potential benefits," the Pentagon explains. To the > spooks, the Net "is an underexploited information-acquisition > resource" that "allows for remote and anonymous participation in > online 'chat' forums that might provide insight into dissident group > activities." (Look out, alt.fan.militia!) The military also wants to > create a "secure, transnational threat information infrastructure" > -- at a cost of a mere $300 million. > > Data mining > > If you worried about the FBI's jones for access to your data, wait > 'til you find out what the military hopes to do. The Pentagon wants > authority to sift through private-sector databases in hopes of > tracking down, say, the World Trade Center bombers before they > strike. The plan is to incorporate "real-time data on international > border crossings, real-time cargo manifests, global financial [deleted text] > Smart software > > Once you've got the databases, how do you use 'em? The military says > the answer is "groupware" and "intelligent software agents" that > "can be focused to search for a confluence of events in multiple > databases or for goals over time." Consumer marketers will finally > be able to determine the commonalities between the Hajj, Promise > Keeper gatherings and Burning Man. > > So would military budgets. In a world where even the Pentagon admits > that the U.S. is the only remaining superpower, the defense > community argues that terrorism threats justify their budgets. > "Nothing will be more challenging to the protection of our citizens, > soldiers and our way of life than the threats of weapons of mass > destruction and terrorism," General John Shalikashvili, chairman of [text deleted] ____________________________________________________________________ | | | Those who make peaceful revolution impossible will make | | violent revolution inevitable. | | | | John F. Kennedy | | | | | | _____ The Armadillo Group | | ,::////;::-. Austin, Tx. USA | | /:'///// ``::>/|/ http://www.ssz.com/ | | .', |||| `/( e\ | | -====~~mm-'`-```-mm --'- Jim Choate | | ravage(a)ssz.com | | 512-451-7087 | |____________________________________________________________________|

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RE: Location Escrow anyone ?
by Pearson Shane 17 Dec '03

17 Dec '03

Hey guys, I wasn't suggesting that they do record exactly where everyone is at the highest resolution possible. Just suggesting that should they want to investigate an individual, they could do it with pretty high detail. Though I'm sure they'd record when and where you switch your phone on, switch off / loose signal, switch cells and make and receive calls and messages. That wouldn't be all that much data. Bye for now.

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RE: [Humor] Kennedy's New Legislation
by Kurt Buff 17 Dec '03

17 Dec '03

-----BEGIN PGP SIGNED MESSAGE----- Hash: SHA1 It balances, or more accurately, they don't. A second politician died today on the ski slope - Sonny Bono. - -----Original Message----- From: Dr.Dimitri Vulis KOTM [SMTP:dlv@bwalk.dm.com] Sent: Monday, January 05, 1998 4:19 PM To: cypherpunks(a)toad.com Subject: Re: [Humor] Kennedy's New Legislation Declan McCullagh <declan(a)well.com> writes: > We have a good story in this week's Time that talks about how the ski > resort had repeatedly asked the Kennedys to knock it off. Including the > night before the accident. Even on the "fateful" afternoon, the ski patrol > had told the Kennedys -- the last on the slopes -- it was time to quit. > "Nevertheless, 36 members of the Kennedy party prepared to play." "Evolution in action." Thank you, Michael Kennedy, for improving humanity's gene pool. - --- Dr.Dimitri Vulis KOTM Brighton Beach Boardwalk BBS, Forest Hills, N.Y.: +1-718-261-2013, -----BEGIN PGP SIGNATURE----- Version: PGP for Personal Privacy 5.0 Charset: noconv iQA/AwUBNLMtJw3xegzLXcRmEQKeCwCgsElXKkUb2dzM+N0d2nn8I7fresoAn2yF fsizimZ5xfume+xLbPvpQCWL =ZhY3 -----END PGP SIGNATURE-----

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RE: best body armor for cypherpunks [serious]
by Kurt Buff 17 Dec '03

17 Dec '03

-----BEGIN PGP SIGNED MESSAGE----- Hash: SHA1 Nice shot! :) However, Second Chance is probably the leader of that particular pack. - -----Original Message----- From: Trei, Peter [SMTP:ptrei@securitydynamics.com] Sent: Monday, January 05, 1998 8:32 AM To: 'cypherpunks(a)toad.com' Subject: RE: best body armor for cypherpunks [serious] > ---------- > From: Mix[SMTP:mixmaster@remail.obscura.com] > Reply To: Mix > Sent: Sunday, January 04, 1998 10:44 PM > To: cypherpunks(a)toad.com > Subject: best body armor for cypherpunks [serious] > > What is, in your opinion, the best (price and performance-wise) > body armor for cypherpunks? > After a few years on this list, one develops such a thick skin that extra protection is superfluos Peter Trei ptrei(a)securitydynamics.c -----BEGIN PGP SIGNATURE----- Version: PGP for Personal Privacy 5.0 Charset: noconv iQA/AwUBNLMsmw3xegzLXcRmEQKJ4gCg9Fr8/XXJFUsB9UaPaZ4zymdc5GoAn3YS u46oyeNLel8/+nYbBs7Xb49R =EqQY -----END PGP SIGNATURE-----

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UNSUBSCRIBE CYPHERPUNKS-ANNOUNCE
by bRIAN＠4qsi.com 17 Dec '03

17 Dec '03

UNSUBSCRIBE CYPHERPUNKS-ANNOUNCE

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Crescendo News - Version 3.0 now available
by LiveUpdate News 17 Dec '03

17 Dec '03

You're receiving this email because you downloaded Crescendo in the past, and we want to keep you posted on the latest developments here at LiveUpdate. We hope you are enjoying Crescendo! In case you haven't already heard, Crescendo version 3.0 has been released. This new version includes cool new features like auto-detach, playlist support, encryption, Java and JavaScript programmability and more. Download a copy today from http://www.liveupdate.com/dl.html. As an added bonus at this time of release, and to ensure an enjoyable listening experience, we can now offer you, for a limited time, the Roland Virtual Sound Canvas Music Pack (VSC-550W). This is Roland's software wavetable Sound Canvas and includes a complete set of software tools that will help you create and edit MIDI files for many uses. Included in the VSC-550W Music Pack: * The Roland GS software synthesizer, * Cakewalk Express music sequencing software and * DoReMiX unique music creation software all on one CD-ROM. The Roland Virtual Sound Canvas Music Pack sells regularly for $57. Add Crescendo PLUS for Netscape and Internet Explorer, and the entire package is worth almost $100. By special arrangement with Edirol Corporation (distributors of the Roland Sound Canvas in North America), when you purchase the Crescendo Plus Roland Edition today, you will receive all the above software listed for a special value price of only $65 (including Shipping & Handling!) Note: This offer is only available to addresses in North America. Simply go to http://www.liveupdate.com/soundcanvas.html and we'll send it right out to you! If you wish to be removed from this list, please send a message to newsletter(a)liveupdate.com. Warmest holiday wishes, Your friends at LiveUpdate

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Re: message dependent hashcash => no double
by mark＠unicorn.com 17 Dec '03

17 Dec '03

Steve Schear (schear(a)lvdi.net) wrote: >We all know we must affix postage to our snailmail. >Its time to embrace the postal system's paradigm and educate the reminder >of the Net. That's an extremely bad analogy; we're not paying for the Net to carry our mail, because we've already paid our ISP for that. We're paying for remailers to process our mail or for humans to read it. A better analogy would be for snail-junkmail to include a five dollar bill to encourage people to open it rather than junk it unopened. (Of course this really only applies to real digital cash, but that's what hashcash is a substitute for.) Mark

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Re: Hate speech in America
by Aryan 17 Dec '03

17 Dec '03

"Robert A. Costner" <pooh(a)efga.org> >>I am a German patriot who wants to >>publish my ideas without of fear of the German goverment. >>But my concern is >>that the U. S. ISP I use can hand over my subscriber infoation and logs to >the >>German goverment. >>Does anyone know a U. S. ISP who does not censor hate speech >>and who has a _known_ strong privacy policy? >>By the way, is hate speech >>protected in United States? > >Hate speech is constitutionally protected in the US. That doesn't mean you >can do it from any particular ISP or in someone's living room. You seem to >have found protected email, you should therefore know who to post to >usenet. There are dozens of places you can get free web sites from, though >I don't know about their hate speech policies. I know Geocities, Tripod, Angelfire and few others who provide free web hosting. All these ISPs have policies prohibiting political and sexually explicitly speech on the ground of its content. That's obviously not a First Amendment issue involved. >I'd be curious to know of Geocities, Tripod, et all - where they have >kicked people off or not for hate speech. Yes. They have done so. Geocities is very censorious even regarding politically correct speech such as gay advoccy and Tripod has kickeda homosexual site of for violation of a clause in the agreement concerning "adult" content. I am searching for a commercial ISP who will not censor political speech and who will respect one's privacy. I am not a nazi sympathizer, but I don't believe in the holocaust and want to say it loud. In Germany and in other countries where the Jews have succeeded in creating "hate laws" you can get four years in jail for refusing to believe in the holocaust. I would like to set up a homepage with some "illegal" [within Germany only] content that would not be shut down by the German goverment. I am working on a book exposing the holocaust story that would *surely* be banned in my own "democratic" country. The unfortunate not-so-well-known fact about Germany is that we do not have freedom of speech. I often wonder why Amnesty International did not protest the imprisonment of Gary Lauck who was denied basic due process and human rights, including freedom of speech and association, by a kangoro court. [This message is cross-posted to de.soc.zensur and de.soc.politik to upset my dictatorial goverment].

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