December 2003 - cypherpunks-legacy

FBI allowed to keep file on New York man's lawful activities
by Declan McCullagh 17 Dec '03

17 Dec '03

FBI allowed to keep file on New York man's lawful activities By LAURIE ASSEO Associated Press Writer WASHINGTON (AP) - The Supreme Court today refused to order the FBI to purge its file on lawful activities by the former head of a charitable foundation. The court, without comment, turned away arguments that said the FBI is violating a federal privacy law by keeping a file about the man's years-ago meetings with foreign leaders and political dissidents. Lance E. Lindblom of Larchmont, N.Y., was president of the Chicago-based J. Roderick MacArthur Foundation from 1984 to 1994. The foundation supports civil liberties activities, and Lindblom's duties included meeting with foreign leaders and political dissidents. After filing a request with the FBI, Lindblom learned in 1989 that the bureau kept records that described his meetings with such people. Lindblom and the foundation sued the FBI in federal court in the District of Columbia, saying the 1974 federal Privacy Act required the bureau to purge those files. The law limits federal agencies' authority to keep records describing how people exercise their rights under the Constitution's First Amendment, including rights of free speech and association. Under the Privacy Act, agencies can keep such records only if it is authorized by another law or "within the scope of an authorized law enforcement activity." A federal judge ruled for the FBI, saying the files were compiled for legitimate law enforcement purposes. The investigations were not aimed at Lindblom or the foundation, but were aimed at the people with whom they met, the judge said. A federal appeals court agreed last December. Federal agencies can keep records they lawfully collected, the appeals court said, adding that a requirement to purge old files would be too burdensome. In the appeal acted on today, Lindblom's lawyers said agencies must separately justify the need to keep old records, even if they originally were lawfully collected. Keeping Lindblom's file increases the risk that it will be used illegally, his lawyers said, noting the 1996 controversy after it was found that the FBI files of 700 former White House employees had been sent to the White House. Justice Department lawyers said a requirement to purge old files would cause problems if the information later was needed for a new or reopened investigation. The case is Lindblom vs. FBI, 97-82. APTV-10-14-97 1020EDT

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PGP Inc apology deal
by Adam Back 17 Dec '03

17 Dec '03

To reply to Jon Callas request for an apology for my rudeness, I'll offer a deal: - If I am unable to show you how to improve the GR (GAK resistance) of a system with a similar set of recovery properties to the CMR system; which replacement design is vialble to use in a typical corporate environment I will publically apologize for being rude, and for wasting your time. - If I am able to show you how to improve the GR (GAK resistance) of a system with a similar set of recovery properties to the CMR system which replacement design is vialble to use in a typical corporate environment, I _don't_ want an apology. I want something much more interesting: I want PGP Inc to implement and deploy it. - The group which will judge this process is PGP Inc. Do we have a deal? Adam -- Now officially an EAR violation... Have *you* exported RSA today? --> http://www.dcs.ex.ac.uk/~aba/rsa/ print pack"C*",split/\D+/,`echo "16iII*o\U@{$/=$z;[(pop,pop,unpack"H*",<> )]}\EsMsKsN0[lN*1lK[d2%Sa2/d0<X+d*lMLa^*lN%0]dsXx++lMlN/dsM0<J]dsJxp"|dc`

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No Subject
by Anonymous 17 Dec '03

17 Dec '03

Tim May <tcmay(a)got.net> writes: > This also applies to CMR as well. Whatever the perceived business reasons > for CMR, the fact is that it introduces additional failure points. No > longer will Alice and Bob be secure that at least there are no "other > readers" in the channel between them (what they do with the plaintext after > decryption is of course solvable by no technology). I thought that was the whole point of the PGP design. It makes the presence of third parties clear and visible to all participants. This seems to be the fundamental principle. PGP is designed to allow Alice and Bob to be informed if third party access is built in. Key escrow and re-encryption are inherently less visible forms of message access.

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Re: FCPUNX:proposal: commercial data recovery
by Eli Brandt 17 Dec '03

17 Dec '03

Will Price wrote: > In your model, the recipient automatically > decrypts and then re-encrypts to a data recovery key -- even though > end-user computers are likely to be insecure thus making this decrypt & > reencrypt step rather specious at best. The value of this security model escapes me -- if the receiver's machine is insecure, you lose, period. Please, let us assume that neither endpoint is controlled by an attacker. You are concerned that the recipient is re-encrypting with a key whose access characteristics are unknown to the sender. Now, for all the sender really knows, the recipient may be storing the message in the clear, or maybe putting it on a Times Square billboard. This is not a cryptographic failure. In your CMR system as well, the sender has no choice but to trust the recipient's integrity and data hygeine -- or to not send the message. The headers could contain a request as to the eventual disposition of the message, but there are never any guarantees. > As an actual data recovery system, it also fails fundamental tests. If I > encrypt critical data to a colleague wiping it from my system after > sending, then the colleague is incapacitated before receipt and processing > of the message, the data can never be retrieved. Forget bus-struck colleagues, think unreliable messaging -- if you do this and your e-mail is lost in transit, your "critical data" is lost. So don't do this. > A data recovery system > must solve this kind of issue -- data recovery here means that from > end-to-end the data is recoverable in case of emergency. One cannot ignore > message transit time in this -- it can take days for a message to travel > from AOL to the outside world. I'm not seeing how transit time figures in here. Are you proposing to bypass it by sending in an emergency team to acquire the in-transit message from the AOL machine room? If you find this practical, you can even retrieve an un-CMRed message by putting the recipient on this emergency team. But as I said, this situation should never be allowed to arise. Data recovery means you can get the data. It doesn't specify which copy you get decrypt. For reliable transmission over an unreliable medium, the sender must not destroy the original until receipt has been confirmed; for stored-data recovery, "receipt" involves appropriate re-encryption. (A reliable medium simply involves shoving all of this down into the messaging protocol.) So reliable transmission can support data recovery, from one end or the other, without message recovery. You might ask what happens if both endpoints are struck by meteorites. If the data is critically important, it will have been replicated off the sender's disk. The bottom line is that no such data can be trusted solely to an AOL mailserver (of all things). > If you don't need data recovery, don't use > it, but at least respect the people who do need it and need it to actually > work at all points. I'm no protocol designer, but I'd have more respect for this system if explanations for its necessity seemed to have been fully thought through. The issue of communications keys versus storage keys has been discussed before; I don't believe I'm raising any novel issues. Did PGP Inc. consider and reject stored-data recovery (if so, what were the good reasons?), or are we seeing a retroactive explanation here? -- Eli Brandt | eli+(a)cs.cmu.edu | http://www.cs.cmu.edu/~eli/ (on FCPUNX, cc'ed replies appreciated)

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Internet Tools For Your Business (fwd)
by Japhy Ryder 17 Dec '03

17 Dec '03

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Freeh letter to NYT
by Roger Schlafly 17 Dec '03

17 Dec '03

[From www.nytimes.com, Oct. 16, 1997] To the Editor: "An Attack on Privacy Rights" (editorial, Oct. 3) argues that the approach to encryption that the law enforcement community is advocating has somehow "put the need to eavesdrop on criminals above the privacy rights of ordinary Americans." Nothing could be further from the truth. You fail to mention that the same court-ordered, judicially approved procedures that now apply to wiretaps and electronic data searches would also apply to our ability to obtain decryption keys or information. In fact, what we proposed requires two orders from a judge before we proceed, not just one as now required. There is another issue that, if unaddressed, will have public safety ramifications. Encryption that cannot be deciphered regardless of the number of court orders or new technologies obtained by the police will devastate our ability to fight crime and prevent terrorism. It will nullify the ability to carry out court-authorized searches and seizures of criminal communication and electronic evidence. Policy decisions about encryption should not be left solely to market forces. Congress, the computer industry and law enforcement can work together to craft legislation that balances the public safety with the commercial and private needs of law-abiding Americans. We are not wedded to any particular solution, but feel that some workable solution can be found to insure that law enforcement can gain immediate access to the plaintext of encrypted criminal communication or electronic data that we have lawfully seized. LOUIS J. FREEH Dir., Federal Bureau of Investigation Washington, Oct. 10, 1997 ---------------------------------------------------------------- How can he say this with a straight face? >In fact, what we proposed requires two orders from a judge >before we proceed, not just one as now required. The DOJ proposal, sect 302, says: (A) A Key Recovery Agent, whether or not registered by the Secretary under this Act, shall disclose recovery information stored by a person: (1) ...; or (2) to a law enforcement or national security government agency upon receipt of written authorization in a form to be specified by the Attorney General. It also contradicts his final sentence: >... some workable solution can be found to insure that law enforcement can >gain immediate access to the plaintext of encrypted criminal communication >or electronic data that we have lawfully seized. The term "immediate access" means without having to goto a judge. Roger

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Re: Liberal lawyer joke from Cdn-Firearms Digest V2 #34
by Tim May 17 Dec '03

17 Dec '03

At 2:26 PM -0700 10/16/97, jf_avon(a)citenet.net wrote: >On 16 Oct 97 at 9:58,somebody wrote: > >> Research labs are increasingly replacing rats with lawyers. >> >> There are three reasons for this: >> >> 1. The lawyers are in abundant supply >> 2. The lab workers do not develop any kind of emotional attachment to >>lawyers >> 3. There are things you just can't get a rat to do. Just a word: the "lawyer jokes" sent out recently are at least 10 years old. Calling them "liberal lawyer" jokes doesn't make them any fresher. I suggest original content, in the form of essays or analyses, is better than stale old lawyer jokes. --Tim May The Feds have shown their hand: they want a ban on domestic cryptography ---------:---------:---------:---------:---------:---------:---------:---- Timothy C. May | Crypto Anarchy: encryption, digital money, ComSec 3DES: 408-728-0152 | anonymous networks, digital pseudonyms, zero W.A.S.T.E.: Corralitos, CA | knowledge, reputations, information markets, Higher Power: 2^2,976,221 | black markets, collapse of governments. "National borders aren't even speed bumps on the information superhighway."

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No Subject
by Igor Chudov ＠ home 17 Dec '03

17 Dec '03

test

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index.html
by Jim Choate 17 Dec '03

17 Dec '03

CNN logo Navigation Infoseek/Big Yellow Pathfinder/Warner Bros Main banner rule SECRET SECURITY MESSAGES ON STAMPS CAN BE DECODED Postal Service Logo October 16, 1997 Web posted at: 3:39 p.m. EDT (1939 GMT) WASHINGTON (AP) -- The post office is preserving a bit of nostalgia from an era when children saved cereal box tops for the secret decoder rings. The new decoder isn't a ring, but it does the job by revealing secret messages hidden on some U.S. postage stamps. "It was done primarily as a anti-counterfeit measure, but we knew that collectors of all kinds would enjoy it as an interesting design element as well," said postal spokesman Barry Ziehl. You normally can't see the hidden image, but the post office is selling decoders to interested people. For $4.95 collectors can get a special lens that reveals the hidden message when placed over the stamp. The first hidden image was on a 32-cent U.S. Air Force stamp issued in September. With the decoder, viewers can see the letters USAF repeated over and over across the face of the stamp. The decoder has to be turned slightly from side to side to get the image to appear. Copyright 1997 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed. rule Related sites: Note: Pages will open in a new browser window * US Postal Service External sites are not endorsed by CNN Interactive. Barnes and Noble Recommends Selected books on Postage Stamps Or find any book in print by keyword: ____________________ ______ _________________________________________________________________ Infoseek search ____________________ ____ ____ _________________________________________________________________ rule Message Boards Sound off on our message boards You said it... [INLINE] rule To the top © 1997 Cable News Network, Inc. All Rights Reserved. Terms under which this service is provided to you.

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http:--www.cnn.com-TECH-9710-16-internet.subpoena.ap-
by Jim Choate 17 Dec '03

17 Dec '03

CNN logo Navigation Infoseek/Big Yellow Pathfinder/Warner Bros Tech banner Tivoli systems and network management: The power to manage. Anything. Anywhere. Click here. rule SUBPOENA ISSUED FOR DATA BEHIND NEWSPAPER'S WEB SITE website October 16, 1997 Web posted at: 8:40 p.m. EDT (0040 GMT) VENTURA, California (AP) -- In what could be a legal first, the Ventura County Star has been subpoenaed by attorneys in a murder case for information about people who have used the newspaper's Internet site. The defense wants to determine whether the jury pool has been contaminated. The subpoena, which asks for unpublished e-mail and demographics of people who participated in an online survey about the case, explores new territory between legal protections for the media and a defendant's right to a fair trial, said Terry Francke, a media attorney with the California First Amendment Coalition. "This is very new, and I suspect the courts will be grappling with more and more of these types of requests from attorneys as the medium grows," Francke said Wednesday. The Internet site detailed the Diana Haun murder trial. Haun was convicted September 28 of conspiracy, kidnapping and murder in the slaying of Sherri Dally, her lover's wife -- an act prosecutors said was a human sacrifice birthday present. The penalty phase of Haun's trial is scheduled to begin Monday. The subpoena was served this week by James Farley, the attorney for Haun's lover and alleged co-conspirator Michael Dally. His trial is set to begin November 24. Jurors will be bused to Ventura from adjoining Santa Barbara County. The Internet site stretches beyond the newspaper's circulation area in Ventura County, possibly contaminating jury pools in Santa Barbara County, said Len Newcomb, an investigator for Farley. "The media decided to make this a high-profile case and decided they wanted to reach a vast number of people," Newcomb said. "And the worst-case scenario is that we won't be able to find jurors who don't already have strong biases." Newcomb has filed subpoenas on 56 news organizations from Los Angeles to San Luis Obispo, requesting unpublished reader, listener and viewer response to the Haun coverage. The latest subpoena unquestionably invades legally protected discourse between readers and their newspapers, said Timothy J. Gallagher, the Ventura newspaper's editor. "I don't have a problem providing information to defense attorneys that has already appeared in the newspaper, or in this case online, but beyond that there's a privileged relationship between newspapers and readers," Gallagher said. Copyright 1997 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed. rule Related sites: Note: Pages will open in a new browser window * Ventura County Star + Subpoena covers new legal ground + Coverage of the Haun murder trial External sites are not endorsed by CNN Interactive. _________________________________________________________________ Infoseek search ____________________ ____ ____ _________________________________________________________________ rule Watch these shows on CNN for more sci-tech stories: CNN Computer Connection | Future Watch | Science & Technology Week rule Message Boards Sound off on our message boards You said it... [INLINE] Tivoli systems and network management: The power to manage. Anything. Anywhere. Click here. rule To the top © 1997 Cable News Network, Inc. All Rights Reserved. Terms under which this service is provided to you.

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