December 2003 - cypherpunks-legacy

I can't believe this!
by anonymous＠replay.com 17 Dec '03

17 Dec '03

Anonymous, I can't believe this I came across this on the Web. Is this really you? Check out this URL! http://206.129.140.93/iic.htm?BS=BS971214_17953.88894262 That's pretty incredible. Way to go!

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We Do All The Work And You Collect All The Money
by webmstr＠goplay.com 17 Dec '03

17 Dec '03

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Bulk Mail Guru Spills Beans!
by Insider Marketing 17 Dec '03

17 Dec '03

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Re: Radio Free Cypherpunks... (fwd)
by Jim Choate 17 Dec '03

17 Dec '03

Forwarded message: > Date: Sun, 14 Dec 1997 01:28:43 -0500 > From: Declan McCullagh <declan(a)well.com> > Subject: Re: Radio Free Cypherpunks... > > At 08:13 -0600 12/13/97, Jim Choate wrote: > >With the recent changes in the law regarding Pirate Radio is anyone looking > > What changes? At the Cato Institute holiday party last night, I was > speaking to a lawyer from the Institute for Justice about pirate radio > lawsuits. The changes you mention didn't come up. What are they? Recently a pirate radio was charged by the FCC for operating without a license. The judge in the case heard the arguments and said their was merit in the question of constitutionality of the FCC regulations. The radio was allowed to stay on the air while both sides prepared their cases. Apparently the judge said something about this being the first time such constitutional questions had been raised. There is also at least one piece of cpunks traffic in this about 2 weeks old when the judge made the ruling. I believe there might be something at one of the ARRL sites. ____________________________________________________________________ | | | | | We built your fort. We will not have it used against us. | | | | John Wayne - Allegheny Uprising | | | | | | _____ 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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news:349242B3.E81DDFC4@cowcentric.net
by Jim Choate 17 Dec '03

17 Dec '03

RE: FRB/FCC: 2 WEEKS ARE UP From: Buster <BBusterB(a)cowcentric.net> Reply to: BBusterB(a)cowcentric.net Date: Sat, 13 Dec 1997 00:09:23 -0800 Organization: =-= Newsgroups: alt.radio.pirate Reply to: newsgroup(s) References: <66ijq2$jj9$1(a)usenet89.supernews.com> <348D1FB2.8F257E91(a)concentric.net> <66t5t6$4ir$1(a)usenet48.supernews.com> ***** wrote: - - Buster <BBusterB(a)concentric.net> wrote: - - >***** wrote: - >> - >> Any news about the FRB case? Seems the FCC goons had to weeks to - >> reply. - - > They don't understand "to weeks". Yes two weeks, then - >FRB et al have two weeks to rebut. Which are the "goons"? - - > DAMMIT! Get your facts straight, _ASTERISKS_. - - > Next: the Court never said it would respond immediately. - >Witness the last procrastination of many months. You must know, - >if you are worth your meager salt, that the Court has no obligation - >to report-out prelimary inputs! - - > It's nice to get your ignorance calibrated, "asterisks". - >So it goes, shit-heads happen! - - >BB - - >-- - - > Laisser les bon rouller! - -------------------------------------------------- - So! Butt-Buddy Ball-Buster rides some ass again! YUP ...especially for ignoramousus! - Look, "Buddy," so I didn't proofread the post before it went up, OK? NO? ...why not? Just a spew? - So what? I think most folks here knew what the question was. - As for getting YOUR facts straight, here's the quote from the Court's - decision: Sure glad you learned _something_! Like to be truthful! -> "The FCC shall file with the Court and serve on Mr. Dunifer its brief - on this issue 14 days from the date of this order. Mr. Dunifer's - opposition is due 7 days thereafter. If the FCC wishes to file a - reply, it may due so 7 days after the opposition is served." - The FCC (the goons) had 2 weeks, and Dunnifer had 1 to rebut. And I - never said anything about the Court responding "immediately." SO? BFD if you don't understand what is entailed, creep! - So go back to spewing in your toilet, cuz it's just stinkin' up the - place around here. NO, you are spewing with your misinformation "wishes". - Did I say goons? Yeah, FCC GOONS, of which you either ARE one, or you - surely are a wannabe. Phone home, spook. Not all Creep! You are so enamoured with your own egocentric specious thoughts that you fail to recognize realities. Anyone who wants can find the latest (hopefully) at: http://www.freeradio.org/ (Dunnifer's pages) and/or http:www.surf.com/~goham/nlg.html (his lawyer's pages) Good surfing. BB -- Laisser les bon rouller!

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Your information
by lnda＠aaaa.net 17 Dec '03

17 Dec '03

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victory.txt
by Jim Choate 17 Dec '03

17 Dec '03

>From frbspd(a)crl.com Thu Nov 13 11:41:55 1997 Date: Thu, 13 Nov 1997 01:48:43 -0800 (PST) From: Stephen Dunifer <frbspd(a)crl.com> To: Barry Alexander <peyote(a)netcom.com> Subject: FRB legal victory ANOTHER VICTORY FOR FREE RADIO BERKELEY & MICROPOWER BROADCASTING At 7 PM on Wednesday, November 12 attorneys for Stephen Dunifer & Free Radio Berkeley received a 14 page decision via fax from Federal District Court Judge Claudia Wilken announcing her ruling in favor of Stephen Dunifer and Free Radio Berkeley. Her ruling denies the FCC's motion for summary judgement for a permanent injunction, states that she has jurisdiction in this case and that the FCC's regulatory structure is unconstitutional. Further, she orders the FCC to submit within 14 days a brief on the constitutional issues raised. Essentially Judge Claudia Wilken affirms all the merits and arguments raised by the defense attorneys for Stephen Dunifer and Free Radio Berkeley. Stay tuned for further details. The full text of the decision will be posted ASAP. A victory party will take place on Saturday evening, November 15 in Berkeley. Place to be announced as soon as one is secured. Everyone is invited. Stephen Dunifer Free Radio Berkeley

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wilkenrules.html
by Jim Choate 17 Dec '03

17 Dec '03

JUDGE WILKEN DENIES FCC MOTION FOR SUMMARY JUDGEMENT!!! Press Release Follows. To Go Directly To The Full Text Of Judge Wilken's Decision, Click Here National Lawyers Guild Committee on Democratic Communications 558 Capp Street, San Francisco 94110 FOR IMMEDIATE RELEASE COURT REJECTS FCC'S CONSTITUTIONAL CATCH 22 United States District Court Judge Claudia Wilken has rejected another attempt by the Federal Communications Commission to silence Berkeley Micro Radio Broadcaster Stephen Dunifer, founder of Free Radio Berkeley. In a 13 page opinion released on November 12, 1997, Judge Wilken once again rejected the government's motion for an injunction to silence micro radio broadcasts by local radio pioneer Stephen Dunifer. In 1995, Judge Wilken rejected the government's first motion for a preliminary injunction against Dunifer's broadcasts. At that time the Court found merit in Dunifer's argument that the FCC's ban on low power, affordable FM broadcasting was a violation of the First Amendment's guarantee of free speech to all in the United States. In a blatant attempt to avoid facing its First Amendment obligations the FCC then urged Wilken to permanently enjoin Dunifer from Broadcasting and at the same time argued that she could not even consider the issue of whether its rules, which prevent him from getting a license, are unconstitutional. In a Kafkaesqe argument, the Commission argued that Wilken had jurisdiction to issue an injunction, but no jurisdiction to hear Dunifer's constitutional arguments. The government claimed that only the higher federal courts could consider the constitutional question. In her November 12 decision rejecting the Government's position, Judge Wilken pointed to the fact that the FCC had taken exactly the opposite position in the 1994 case of Dougan vs FCC. In that case, an Arizona micro radio broadcaster had appealed an FCC fine (for broadcasting without a license) to the 9th Circuit Federal Court of Appeal, and the FCC had argued that the Court of Appeal had no jurisdiction over the case, and that it had to be heard by the District Court. The Court of Appeals agreed with the FCC and sent the case back to the District Court. Judge Wilken noted that the Arizona broadcaster had raised the same constitutional arguments in the Court of Appeals that Dunifer is raising. The Court ruled that in sending all of the issues in the Arizona case to the District Court, the Appeals Court recognized that the District Court had jurisdiction over all aspects of the case. In denying the Government's motion for an injunction "without prejudice," Judge Wilken ordered the Government to file a further brief on the question of whether the unconstitutionality of the FCC's ban on micro radio is a valid legal defense to an injunction against broadcasting at low power without a license. Dunifer's attorneys, Louis Hiken and Allen Hopper of San Francisco, will have an opportunity to rebut the government's arguments on this point. In response to pressure from the commercial broadcaster's lobby, the National Association of Broadcasters (N.A.B.), the FCC has in recent months been stepping up its campaign of harassment against the thousands of micro radio stations now on the air in this country. Hiken commented "The broadcast industry is clearly afraid of these little community stations which are speaking truth to its power. In trying to do the N.A.B.'s bidding, the FCC demonstrates that it is nothing but an enforcement arm of the commercial broadcast industry and the multi-national corporations which own it." The National Lawyers Guild's Committee on Democratic Communications has represented the Lawyers Guild, San Francisco's Media Alliance, and the Women's International News Gathering Services as a "Friend of the Court" (Amicus) in this case. In its Friend of the Court brief the Lawyers Guild pointed out that FCC regulations make it impossible for all but the very wealthy to even apply for a broadcast license. This, they told the Court, is the equivalent of saying anyone could speak from a soap box in the park, but the box had to be made of gold. Guild attorney Peter Franck commented "In an era when Disney owns ABC, the world's largest defense contractor owns NBC and CNN merges with Time which merges with Warner, and when 'public' broadcasting is told to get its money from corporations, micro radio may be our last best hope for democracy on the air ways." He continued "Judge Wilken's decision is a courageous rejection of the Government's attempt to use a legal Catch-22 to avoid facing the fact that its ban on micro radio flies in the face of the Constitution." The legal team representing Dunifer and the Amicae are very pleased with Judge Wilken's reasoned and thorough decision denying the FCC's motion to have the case resolved without a trial on the merits. For almost 70 years, the FCC has catered solely to the interests of commercial corporate giants, through their mouthpiece, the National Association of Broadcasters. These are the pirates, who have stolen the airwaves from the American people, and who represent corporate interests valued at more than 60 billion dollars. Only the Pentagon, the Silicon Valley and the transportation industries possess the financial wallop represented by the NAB and its constituents. Judge Wilken's decision represents a vision of what it would be like for the American people to be given back their own voice. The decision suggests the likely unconstitutionality of the entire regulatory structure underlying the FCC's ban on low power radio. It forewarns of the total failure of that agency to carry out its statutory obligation to regulate the airwaves in the public interest -- that is, in the interest of the American people, rather than the media monopolies that control our airwaves. The legal team welcomes the opportunity to have a court identify the real pirates of the airwaves -- not the thousands of microradio broadcasters who seek to communicate with the people of their communities, but rather the billionaire commercial interests that control the airwaves as if they own them. Is it General Electric, Westinghouse and the Disney Corporation that have the right to control local community radio, or is that a right that belongs to all of the American people, regardless of economic status? FOR MORE INFORMATION, CONTACT: Peter Franck, Counsel for Amicus 415-415-995-5055 pfranck(a)hbmvr.com (days) pfranck(a)a.crl.com(evs, wknds) http://www.368Hayes.com/nlg.cdc.html Alan Korn, Counsel for Amicus 415-362-5700 aakorn(a)igc.org Stephen Dunifer, Free Radio Berkeley 415-644-3779 frbspd(a)crl.com http://www.freeradio.org Louis Hiken Counsel for Stephen Dunifer 415-575-3220 hiken(a)igc.org http://www.368Hayes.com Allen Hopper Counsel for Stephen Dunifer 415-575-3222 lazlo(a)igc.org http://www.368Hayes.com SEE THE FULL TEXT OF JUDGE WILKEN'S DECISION TO STEPHEN DUNIFER/FREE RADIO BERKELEY INFORMATION PAGE TO FREE RADIO BERKELEY LEGAL BATTLE PAGE TO NATIONAL LAWYERS GUILD INFORMATION PAGE TO THE OFFICIAL NATIONAL LAWYERS GUILD WEB SITE TO NLG COMMITTEE ON DEMOCRATIC COMMUNICATIONS PAGE TO FREE RADIO BERKELEY WEB SITE BACK TO LAW OFFICES AT 368 HAYES STREET

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HAYEKWEB: V Postrel on Hayek & 'Information'
by Robert Hettinga 17 Dec '03

17 Dec '03

--- begin forwarded text Date: Sun, 14 Dec 1997 03:59:29 EST Reply-To: Hayek Related Research <HAYEK-L(a)MAELSTROM.STJOHNS.EDU> Sender: Hayek Related Research <HAYEK-L(a)MAELSTROM.STJOHNS.EDU> From: GBRansom <GBRansom(a)AOL.COM> Organization: AOL (http://www.aol.com) Subject: HAYEKWEB: V Postrel on Hayek & 'Information' To: HAYEK-L(a)MAELSTROM.STJOHNS.EDU >> Hayek on the Web << "Knowledge at a Cost" by Virginia I. Postrel, editor of _Reason_ magazine, on the Web at: http://www.reasonmag.com/opeds/vpasap0695.html >From "Knowledge at a Cost": ".. The "information is free" school of thought also tends to assume that information magically appears in computer networks. But deciding what to record and how means negotiating among people with different needs and knowledge bases. The marketing department of a steel company, for instance, wants products classified by how they're used, while manufacturing wants them classified by how they're made. A health insurer studied by Elihu Gerson and Susan Leigh Star of the Tremont Research Institute had a five-person unit devoted to resolving conflicts over how to code medical procedures. Doctors, customers, and various internal departments disagreed about what criteria should determine the codes and how narrow the categories should be. Yet everyone had to use the same system. The unit's job was essentially diplomacy: getting the different groups to agree on coding guidelines. "Traditionally, finding solutions to information systems problems has been framed as...arriving at the 'correct answer' via algorithmic procedures," write Gerson and Star. But in this case, there is no single correct answer. "Rather, there are multiple, possibly inconsistent, competing answers, none of which has a unique claim to validity." Nobel laureate F.A. Hayek, one of the earliest economic theorists of the role of knowledge, would have recognized the problem. Organizations overcome such difficulties through compromise and negotiation, or they break down. But society as a whole can avoid the "knowledge problem" only at the cost of stamping out individuality. In his classic 1945 essay, "The Use of Knowledge in Society," Hayek criticized economists who believed central planning would be simple. He wrote that "the knowledge...we must make use never exists in concentrated or integrated form but solely as the dispersed bits of incomplete and frequently contradictory knowledge which all the separate individuals possess." Those "bits" include not merely facts, but complex individual goals and preferences information that, by its very nature, can't be centralized. In our enthusiasm for the power of information technology, we would be foolish to forget its limitations. Information may be cheap, but knowledge still isn't free." A slightly shorter version of Postrel's article originally appeared in the June 5, 1995 issue of _Forbes ASAP_. Hayek on the Web is a regular feature of the Hayek-L list. --- end forwarded text ----------------- Robert Hettinga (rah(a)shipwright.com) Philodox e$, 44 Farquhar Street, Boston, MA 02131 USA "... however it may deserve respect for its usefulness and antiquity, [predicting the end of the world] has not been found agreeable to experience." -- Edward Gibbon, 'Decline and Fall of the Roman Empire' The e$ Home Page: http://www.shipwright.com/ Ask me about FC98 in Anguilla!: <http://www.fc98.ai/>

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HAYEKWEB: V Postrel on Hayek & 'Information' (fwd)
by Jim Choate 17 Dec '03

17 Dec '03

Forwarded message: > Date: Sun, 14 Dec 1997 11:47:23 -0500 > From: Robert Hettinga <rah(a)shipwright.com> > Subject: HAYEKWEB: V Postrel on Hayek & 'Information' > >> Hayek on the Web << > > "Knowledge at a Cost" by Virginia I. Postrel, editor of _Reason_ > magazine, on the Web at: > > http://www.reasonmag.com/opeds/vpasap0695.html > > >From "Knowledge at a Cost": > > ".. The "information is free" school of thought also tends to assume > that information magically appears in computer networks. It's "information wants to be free". A subtle but profound distinction. > Nobel laureate F.A. Hayek, one of the earliest economic theorists > of the role of knowledge, would have recognized the problem. > Organizations overcome such difficulties through compromise > and negotiation, or they break down. But society as a whole > can avoid the "knowledge problem" only at the cost of stamping > out individuality. It's a real pitty Hayek never tried 'cooperation' instead of 'compromise'. Oh, the short-short sightedness of ego and tryanny. What is the line of reasoning that the *only* solution for society is to stamp out individuality? Sounds more like wishful thinking from some brain-dead drone with no imagination or respect for others. Perhaps he should have stuck with economics and kept away from sociology. ____________________________________________________________________ | | | | | We built your fort. We will not have it used against us. | | | | John Wayne - Allegheny Uprising | | | | | | _____ 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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