December 2003 - cypherpunks-legacy

cohen predicts army patrols US streets
by Vladimir Z. Nuri 18 Dec '03

18 Dec '03

Date: Tue, 27 Oct 1998 15:42:55 -0700 From: Bill Mee <bmee(a)ccs.lmco.com> Subject: Cohen Predicts Army Will Patrol US Streets Sorry no URL on this--the following was copied from the FreeRepublic website DOD BILL COHEN WARNS OF US TERRORISM . . . Army Times 10-22 Staff /Wire Reports ***US ARMY WILL PATROL U.S. STREETS . . . An Interview with Secretary of Defense Bill Cohen . . .in the Army Times.*** >From Staff and Wire Reports The Times of Arkansas, Texas and Louisiana: US Defense Secretary Predicts the Army Will Patrol US Streets "Terrorism is escalating to the point that Americans soon may have to choose between civil liberties and more intrusive means of protection," says Defense Secretary William S. Cohen The nation's defense chief told the Army Times he once considered the chilling specter of armored vehicles surrounding civilian hotels or government buildings to block out terrorists as strictly an overseas phenomenon. But no longer. "It could happen here," Cohen said he conclued after 8 months of studying threats under the Pentagon microscope. Free-lance terrorists with access to deadly chemical and biological bombs are "going to change the way in which the American people view security in our own country," he predicted in a Sept 10 interview. Cohen is calling for the government to step up its efforts to penetrate wildcard terrorist organizations. "It's going to require greater intelligence on our part -- much greater emphasis on intelligence gathering capability - - - more human intelligence, and it's going to take more technical intelligence," he said. But using the U.S. military in a domestic law enforcement role would require revisions to laws in force for more than a century, cautions Shreveport attorney John Odom, Jr. "You can't do it from the Defense Department side unless Congress dramatically revises the Posse Comitatus laws." said Odom, a colonel in the U.S. Air Force Reserve and a reserve Judge Advocate. "The 1878 law specifically prohibits the use of the military in domestic law enforcement unless authorized by Congress or the Constitution and does not wllow for military intervention through action by the Secretary of Defense of even an Executive Order from the President," Odom said. We're trained from the first day of Judge Advocate school to think of Posse Comitatus !!! said Odom. "If Secretary Cohen is suggesting that the Department of Defense be involved, it may be part of a legislative package, but it will not happen unilaterally without a lot of folks thinking long and hard about it." Cohen said terrorism would be a top priority in 5 new areas he plans to focus on now that he has wrapped up his first defense budget, the quadrennial review of the military and a new 4-year defense strategy. Other goals include modernizing the military, improbing troops housing and other benefits, streamlining the defense bureaucracy and shaping new military relationships and contracts across the globe. - - --------------DCC19197C8214DDB42B1B018-- - ------- End of Forwarded Message ------- End of Forwarded Message

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California Court decision on freedom of association
by David Watts 18 Dec '03

18 Dec '03

In re DAVID A. ENGLEBRECHT, JR., on Habeas Corpus. No. D030992 In the Court of Appeal of the State of California Fourth Appellate District Division One (San Diego County Super. Ct. No. N76652) PETITION for writ of habeas corpus following contempt finding by Superior Court of San Diego County for willfully violating two provisions of a preliminary injunction. John S. Einhorn, Judge. Petition granted in part and denied in part. COUNSEL Steven J. Carroll, Public Defender and DawnElla Gilzean, Deputy Public Defender, for Petitioner. Paul J. Pfingst, District Attorney, Thomas F. McArdle and Anthony Lovett, Deputy District Attorneys, for Respondent. Filed October 26, 1998 In this proceeding, we are asked to decide the constitutionality of two provisions of a preliminary injunction, which prohibit: " Standing, sitting, walking, driving, bicycling, gathering or appearing anywhere in public view with any other defendant herein, or with any other known Posole [gang] member" and " Using or possessing pagers or beepers in any public place." We find the non-association provision is constitutional, but the restriction on pagers and beepers is not. _________________________________________________________ DO YOU YAHOO!? Get your free @yahoo.com address at http://mail.yahoo.com

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IP: Wanted: Y2K Workers
by Vladimir Z. Nuri 18 Dec '03

18 Dec '03

From: believer(a)telepath.com Subject: IP: Wanted: Y2K Workers Date: Wed, 28 Oct 1998 11:44:53 -0600 To: believer(a)telepath.com Source: Government Executive Magazine http://www.govexec.com/dailyfed/1098/102898b2.htm DAILY BRIEFING Y2K poses personnel challenges for agencies By Brian Friel bfriel(a)govexec.com As the deadline for fixing Y2K problems in federal computer systems draws closer, agencies are struggling to recruit and retain information technology personnel to deal with the millennium bug. In a new study, "Year 2000 Computing Crisis: Status of Efforts to Deal with Personnel Issues" (GGD-99-14), the General Accounting Office reports that the high demand for programmers in both the public and private sectors is making the difficult job of repairing all federal computers even harder. "As awareness of the criticality of the year 2000 problem grows throughout government and industry, there is a chance that competition for limited skilled personnel will increase. If this more vigorous competition occurs, the government may find it increasingly difficult to obtain and retain the skilled personnel needed to correct its mission critical systems in time," GAO said. In some agencies, the personnel problem has already surfaced. The Farm Service Agency lost 28, or seven percent, of its 403 technology staff in the first six months of fiscal 1998. Lucrative finders' fees and big salaries in the private sector have taken their toll on the government's ability to hire programmers. The Veterans Affairs Department, Justice Department and Environmental Protection Agency reported having problems hiring programmers. Federal agencies aren't the only organizations having hiring and retention difficulties. Contractors are having an equally tough time competing for valuable workers. For example, at the Patent and Trademark Office, Y2K fixes were delayed three months on one of the office's systems after a contractor was unable to hire qualified staff for the project. PTO had to terminate its task order with the company and find a new contractor. A State Department contractor lost key technology personnel, resulting in a three month delay on Y2K work for the department's Management, Policy and Planning Information System. GAO noted that agencies reported delays in Y2K work for only six mission critical systems, adding that "it is not possible to determine the full extent or severity of personnel shortages from these concerns because they are often anecdotal." The federal government has taken several steps to attract Y2K workers. The Office of Personnel Management announced that agencies could waive the reduction of pensions for re-employed retired military officers and waivers of the reduction of pay for rehired civilian annuitants who need to be brought back on to fix agency computers. In addition, agencies can offer lump-sum payments of up to 25 percent of basic pay to a new employee or to an employee who must relocate. Agencies can also use retention bonuses of up to 25 percent of basic pay. Performance awards of up to $10,000 are also available. The President's Council on Year 2000 Conversion and the Chief Information Officers Council are looking at ways to help agencies hire and retain information technology staff, but GAO said no organization is working with agencies individually to help them find Y2K staff. ----------------------- NOTE: In accordance with Title 17 U.S.C. section 107, this material is distributed without profit or payment to those who have expressed a prior interest in receiving this information for non-profit research and educational purposes only. For more information go to: http://www.law.cornell.edu/uscode/17/107.shtml ----------------------- **************************************************** To subscribe or unsubscribe, email: majordomo(a)majordomo.pobox.com with the message: (un)subscribe ignition-point email@address or (un)subscribe ignition-point-digest email@address **************************************************** www.telepath.com/believer ****************************************************

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IP: Electronic March
by Vladimir Z. Nuri 18 Dec '03

18 Dec '03

From: believer(a)telepath.com Subject: IP: Electronic March Date: Tue, 27 Oct 1998 21:58:52 -0600 To: believer(a)telepath.com ELECTRONIC MARCH A US grass-roots group has kicked off the Billion Byte March, calling itself the first Internet march on Washington. The aim is to send a million emails to Congress in January, on the day of the State of the Union Address. Why? To reform America's social security system. See http://www.march.org **************************************************** To subscribe or unsubscribe, email: majordomo(a)majordomo.pobox.com with the message: (un)subscribe ignition-point email@address or (un)subscribe ignition-point-digest email@address **************************************************** www.telepath.com/believer ****************************************************

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IP: Crypt Wars, UK-Style
by Vladimir Z. Nuri 18 Dec '03

18 Dec '03

From: believer(a)telepath.com Subject: IP: Crypt Wars, UK-Style Date: Tue, 27 Oct 1998 21:59:31 -0600 To: believer(a)telepath.com CRYPT WARS, UK-STYLE UK's Privacy International has awarded the Department of Trade and Industry a Big Brother award for its contribution to invading privacy. The DTI wants all companies offering encrypted services to be licensed, which means using a third party holding keys to the user's encryption code. Encryption licensed outside the UK will not be recognised, and thus would not be protected by law. And only the recommendation of senior police is needed to get a key - users aren't allowed to know if their key has been given to the police. More Big Brother awards at http://www.privacy.org/pi/ **************************************************** To subscribe or unsubscribe, email: majordomo(a)majordomo.pobox.com with the message: (un)subscribe ignition-point email@address or (un)subscribe ignition-point-digest email@address **************************************************** www.telepath.com/believer ****************************************************

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IP: ECHELON: America's Spy in the Sky
by Vladimir Z. Nuri 18 Dec '03

18 Dec '03

From: Patrick Poole <ppoole(a)fcref.org> Subject: IP: ECHELON: America's Spy in the Sky Date: Wed, 28 Oct 1998 17:27:26 -0500 To: ignition-point(a)majordomo.pobox.com The Free Congress Foundation is pleased to announce that the fourth installment in our "Privacy Papers" series is now available online. Entitle "ECHELON: America's Spy in the Sky," you can read about how the National Security Agency has established a global surveillance system that monitors every phone, fax and email message sent around the world. Read the report's Executive Summary below, and then read the report in its entirety at: http://www.freecongress.org/ctp/echelon.html Executive Summary In the greatest surveillance effort ever established, the US National Security Agency (NSA) has created a global spy system, codename ECHELON, which captures and analyzes virtually every phone call, fax, email and telex message sent anywhere in the world. ECHELON is controlled by the NSA and is operated in conjunction with the General Communications Head Quarters (GCHQ) of England, the Communications Security Establishment (CSE) of Canada, the Australian Defense Security Directorate (DSD), and the General Communications Security Bureau (GCSB) of New Zealand. These organizations are bound together under a secret 1948 agreement, UKUSA, whose terms and text remain under wraps even today. The ECHELON system is fairly simple in design: position intercept stations all over the world to capture all satellite, microwave, cellular and fiber-optic communications traffic, and then process this information through the massive computer capabilities of the NSA, including advanced voice recognition and optical character recognition (OCR) programs, and look for code words or phrases (known as the ECHELON "Dictionary") that will prompt the computers to flag the message for recording and transcribing for future analysis. Intelligence analysts at each of the respective "listening stations" maintain separate keyword lists for them to analyze any conversation or document flagged by the system, which is then forwarded to the respective intelligence agency headquarters that requested the intercept. But apart from directing their ears towards terrorists and rogue states, ECHELON is also being used for purposes well outside its original mission. The regular discovery of domestic surveillance targeted at American civilians for reasons of "unpopular" political affiliation or for no probable cause at all in violation of the First, Fourth and Fifth Amendments of the Constitution - are consistently impeded by very elaborate and complex legal arguments and privilege claims by the intelligence agencies and the US government. The guardians and caretakers of our liberties, our duly elected political representatives, give scarce attention to these activities, let alone the abuses that occur under their watch. Among the activities that the ECHELON targets are: Political spying: Since the close of World War II, the US intelligence agencies have developed a consistent record of trampling the rights and liberties of the American people. Even after the investigations into the domestic and political surveillance activities of the agencies that followed in the wake of the Watergate fiasco, the NSA continues to target the political activity of "unpopular" political groups and our duly elected representatives. One whistleblower charged in a 1988 Cleveland Plain Dealer interview that, while she was stationed at the Menwith Hill facility in the 1980s, she heard real-time intercepts of South Carolina Senator Strom Thurmond. A former Maryland Congressman, Michael Barnes, claimed in a 1995 Baltimore Sun article that under the Reagan Administration his phone calls were regularly intercepted, which he discovered only after reporters had been passed transcripts of his conversations by the White House. One of the most shocking revelations came to light after several GCHQ officials became concerned about the targeting of peaceful political groups and told the London Observer in 1992 that the ECHELON dictionaries targeted Amnesty International, Greenpeace, and even Christian ministries. Commercial espionage: Since the demise of Communism in Eastern Europe, the intelligence agencies have searched for a new justification for their surveillance capability in order to protect their prominence and their bloated budgets. Their solution was to redefine the notion of national security to include economic, commercial and corporate concerns. An office was created within the Department of Commerce, the Office of Intelligence Liaison, to forward intercepted materials to major US corporations. In many cases, the beneficiaries of this commercial espionage effort are the very companies that helped the NSA develop the systems that power the ECHELON network. This incestuous relationship is so strong that sometimes this intelligence information is used to push other American manufacturers out of deals in favor of these mammoth US defense and intelligence contractors, who frequently are the source of major cash contributions to both political parties. While signals intelligence technology was helpful in containing and eventually defeating the Soviet Empire during the Cold War, what was once designed to target a select list of communist countries and terrorist states is now indiscriminately directed against virtually every citizen in the world. The European Parliament is now asking whether the ECHELON communications interceptions violate the sovereignty and privacy of citizens in other countries. In some cases, such as the NSA's Menwith Hill station in England, surveillance is conducted against citizens on their own soil and with the full knowledge and cooperation of their government. This report suggests that Congress pick up its long-neglected role as watchdog of the Constitutional rights and liberties of the American people, instead of its current role as lap dog to the US intelligence agencies. Congressional hearings ought to be held, similar to the Church and Rockefeller Committee hearings in the mid-1970s, to find out to what extent the ECHELON system targets the personal, political, religious, and commercial communications of American citizens. The late Senator Frank Church warned that the technology and capability embodied in the ECHELON system represented a direct threat to the liberties of the American people. Left unchecked, ECHELON could be used by either the political elite or the intelligence agencies themselves as a tool to subvert the civil protections of Constitution and to destroy representative government in the United States. **************************************************** To subscribe or unsubscribe, email: majordomo(a)majordomo.pobox.com with the message: (un)subscribe ignition-point email@address or (un)subscribe ignition-point-digest email@address **************************************************** www.telepath.com/believer ****************************************************

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IP: No dirty trick, just a computer program let loose
by Vladimir Z. Nuri 18 Dec '03

18 Dec '03

From: believer(a)telepath.com Subject: IP: No dirty trick, just a computer program let loose Date: Wed, 28 Oct 1998 10:36:35 -0600 To: believer(a)telepath.com Source: Fox News - AP No dirty trick, just a computer program let loose 10.50 a.m. ET (1551 GMT) October 28, 1998 GREENBURGH, N.Y. (AP) When their phones rang in the middle of the night this week, many residents expected the worst. Death in the family? Fire? No, just the bureaucratic tone of town supervisor Paul Feiner's taped voice, advising of a change in local trash pickup times. Couldn't this have waited until morning? "I thought it was a member of my family,'' said Barbara Merriwether, 52. "I thought something was wrong.'' The timing of the 300 calls, of course, wasn't intentional. Someone at the police department had forgotten to turn off an automated calling program Monday evening, and the system ran through the night. The only bad news in the affair may be for Feiner, who is trying to unseat incumbent Republican Benjamin Gilman in the 20th Congressional District. Feiner said may throw a party with his own money for everyone who was called after 9 p.m. © 1998 Associated Press. All rights reserved. ----------------------- NOTE: In accordance with Title 17 U.S.C. section 107, this material is distributed without profit or payment to those who have expressed a prior interest in receiving this information for non-profit research and educational purposes only. For more information go to: http://www.law.cornell.edu/uscode/17/107.shtml ----------------------- **************************************************** To subscribe or unsubscribe, email: majordomo(a)majordomo.pobox.com with the message: (un)subscribe ignition-point email@address or (un)subscribe ignition-point-digest email@address **************************************************** www.telepath.com/believer ****************************************************

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IP: DNA bank launched as science spending rises
by Vladimir Z. Nuri 18 Dec '03

18 Dec '03

From: believer(a)telepath.com Subject: IP: DNA bank launched as science spending rises Date: Wed, 28 Oct 1998 11:35:31 -0600 To: believer(a)telepath.com Source: London Telegraph http://www.telegraph.co.uk:80/et?ac=000150689433551&rtmo=kokJeebp&atmo=99999 999&P4_FOLLOW_ON=/98/10/28/ndna28.html&pg=/et/98/10/28/ndna28.html DNA bank launched as science spending rises By Roger Highfield, Science Editor A NATIONAL collection of 100,000 human DNA samples is to be assembled so drugs can be customised and people at risk from allergies, drug side-effects and serious illnesses can be identified. The £12 million plan to study the genetic landscape of the British population, which includes funding to address ethical concerns, is part of a major shift in the emphasis of science spending announced by the Government yesterday. Funding for particle physics and astronomy remains almost level while there is a major boost for biotechnology and molecular biology, despite the rise in public concern about issues such as genetically-modified food. Announcing the science budget allocation, Peter Mandelson, Secretary of State for Trade and Industry, said the overall 15 per cent increase by 2001/02 was "solid evidence" of Government efforts to reverse the recent decline in spending on science, which it sees as underpinning the economy. The rise was announced as part of the Comprehensive Spending Review. Mr Mandelson said the science budget "received the largest percentage increase compared with all departmental budgets". Yesterday's allocations saw Mr Mandelson increase funding of the Medical Research Council (MRC) and Biotechnology and Biological Sciences Research Council. The news comes only days after America's National Human Genome Research Institute announced that the three-billion "letter" human genetic code - the genome - will be deciphered by 2003, two years earlier than thought. Now Britain is preparing to rise to this "post-genome challenge" by studying how this code varies across the British population. The DNA database project will be backed by the MRC, which will see its support rise from £290 million in 1998/09 to £334 million in 2001/02, and is being developed by Prof David Porteous of the MRC Human Genetics Unit in Edinburgh, and Prof Nick Day of the MRC Biostatistics Unit in Cambridge. The first step will be to collate information on 60,000 blood samples that have already been collected, for instance in studies of inherited diseases, then extend the collection to people who have taken part in long-term health studies, some dating back more than half a century. Prof George Radda, MRC's chief executive, said: "In the first wave, we are talking of the order of 100,000 samples, then it will be extended." He emphasised that there were "major ethical concerns". By comparing the genetic blueprints of people who suffer disease, genes increasing the risk of illness can be identified, said Prof Porteous. He said: "This is the surest way of digging out the really significant genetic factors. They will be the basis of efforts to design new drugs and preventive measures." One ethical issue will be whether drug companies will be allowed to use the data to design drugs for a particular genetic group. The information will also help doctors advise those at risk of heart disease or cancer, or to identify those at risk of drug side-effects. © Copyright of Telegraph Group Limited 1998. ----------------------- NOTE: In accordance with Title 17 U.S.C. section 107, this material is distributed without profit or payment to those who have expressed a prior interest in receiving this information for non-profit research and educational purposes only. For more information go to: http://www.law.cornell.edu/uscode/17/107.shtml ----------------------- **************************************************** To subscribe or unsubscribe, email: majordomo(a)majordomo.pobox.com with the message: (un)subscribe ignition-point email@address or (un)subscribe ignition-point-digest email@address **************************************************** www.telepath.com/believer ****************************************************

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Assassin Report
by John Young 18 Dec '03

18 Dec '03

We offer the DoJ report on assassination intelligence and threat assessment investigations, cited in the post on "shared traits of potential assassins:" http://jya.com/ncj170612.htm (110K) It's quite surprising in that the recommended policy is to not arrest potential assassins but to attempt to persuade them to give up their plans to attack, to establish trust in the LEAs who are encouraged to listen to grievances, and helpfully arrange for treatment of whatever underlies the menace. It seems that most who threaten assassination do not go through with it, but do enjoy the attention it gets, so the report reassuringly states. Hmm. True, there are some indicators of imminent threat that warrant more severe measures -- such as the subject's acquistion of weapons, participation in militant organizations and persistent stalking of targets. And, yes, a few performance artists want to be killed on TV. It says that most of the tiny number (83 in 50 years) of actual "assassins, attackers and near-lethal approachers" (compared to the far larger number who only talk about it) are deliberate in their planning and highly rational about why the deed is necessary -- even those who are mentally unstable are totally sane in preparing for and executing attacks. All in all, the report says assassination is not a big deal for it doesn't happen all that much, and the task at hand is to prevent rash acts by friendly persuasion and TLC. And brace for the assassins who never give a clue of what's coming. Amazing. So what is going on with CJ and Jim Bell? Scare sense into them, followed by caregiving, or serious jail time? Recall that the Secret Service (which co-authored the report) had a friendly talk with CJ about assassination threats not long before he was arrested by Jeff Gordon. Which fits the report's policy. Is the IRS out of touch with progressive law enforcement? Putting on a show for effect? Or is Washington State truly a murderous nest of mad dog killers? Other than Microsoft.

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IP: Congress to Get Echelon Briefing
by Vladimir Z. Nuri 18 Dec '03

18 Dec '03

From: believer(a)telepath.com Subject: IP: Congress to Get Echelon Briefing Date: Wed, 28 Oct 1998 11:10:30 -0600 To: believer(a)telepath.com Source: Wired http://www.wired.com/news/news/politics/story/15864.html Spying on the Spies by Niall McKay 12:55 p.m.27.Oct.98.PST A Washington DC civil liberties organization will send a detailed report on the National Security Agency's top-secret spying network to members of Congress later this week. The report, Echelon: America's Spy in the Sky, details the known history and workings of the agency's global electronic surveillance system. The system is reportedly able to intercept, record, and translate any electronic communication -- such as telephone, data, cellular, fax, email, telex -- sent throughout the world. "There is a real and present threat to the security of the US from its enemies," said Patrick Poole, author of the report and deputy director of the Free Congress Foundation. "But there needs to be some democratic and constitutional oversight of how and against who the [Echelon] system is being used." The Free Congress Foundation is hoping that Congress will scrutinize Echelon as carefully as the European Parliament has. The parliament commissioned several reports on Echelon earlier this year and the issue has been hotly debated ever since. The NSA neither confirms nor denies Echelon's existence, but investigative journalists and civil liberties activists have turned up a number of details in recent years. Glyn Ford, a British member of the European Parliament, said he sees the necessity of Echelon but, like Poole, he worries about the NSA's apparent lack of accountability. "If we are going to leave the electronic key under the doormat, then we want an assurance that the people who pick up that key are not going to steal the family silver," said Ford. ----------------------- NOTE: In accordance with Title 17 U.S.C. section 107, this material is distributed without profit or payment to those who have expressed a prior interest in receiving this information for non-profit research and educational purposes only. For more information go to: http://www.law.cornell.edu/uscode/17/107.shtml ----------------------- **************************************************** To subscribe or unsubscribe, email: majordomo(a)majordomo.pobox.com with the message: (un)subscribe ignition-point email@address or (un)subscribe ignition-point-digest email@address **************************************************** www.telepath.com/believer ****************************************************

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