December 2003 - cypherpunks-legacy

IP: Clear and present danger: FIGHT AGAINST NATIONAL ID CARD (fwd)
by Jim Choate 17 Dec '03

17 Dec '03

Forwarded message: > Subject: IP: Clear and present danger: FIGHT AGAINST NATIONAL ID CARD > Date: Thu, 01 Oct 98 16:50:32 -0700 > From: "Vladimir Z. Nuri" <vznuri(a)netcom.com> > "Our Founding Fathers intended to create a system with > division of > power between three branches of government and between > the state and > federal governments in order to protect our rights. Three branches of government? Between the state and federal? I don't think so... There are *THREE* (3) EQUALY powered members in the government of the United States of America; federal, state, and the people. The federal level is split into three seperate branches, they as single entitities are NOT the federal government. --------------------------------------------------------------------------- We, the People of the United States, in order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity do ordain and establish this Constitution for the United States of America. This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding. ARTICLE IX. The enumeration of the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. ARTICLE X. The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. ____________________________________________________________________ The seeker is a finder. Ancient Persian Proverb The Armadillo Group ,::////;::-. James Choate Austin, Tx /:'///// ``::>/|/ ravage(a)ssz.com www.ssz.com .', |||| `/( e\ 512-451-7087 -====~~mm-'`-```-mm --'- --------------------------------------------------------------------

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DTRA, Terrorism, Digital Daily
by John Young 17 Dec '03

17 Dec '03

DoD rolled out today the new Defense Threat Reduction Agency which combines several agencies -- Defense Special Weapons Agency, Defense Technology Security Administration, On-Site Inspection Agency and others -- into a new organization whose principle purpose will be to control the spread of technologies of mass destruction. See remarks made at the opening ceremony by Hamre and others: http://jya.com/dtra100198.htm And the new, informative DTRA Web site: http://www.dtra.mil The briefing remarks are of interest for what they disclose about military planning for combating domestic terrorism (parallel to what the FBI said about it yesterday), promises to speed export licensing and a passing reference by Hamre to "a recent ten month process of encryption policy review." Which may refer to the recent administration policy announcement or maybe another in the works. With the build-up of domestic terrorism fighting forces -- all the mil and gov agencies -- and noises about legislation being developed for more, it's worth pondering what is coming with a crackdown on domestic use of encryption. The Canadian duplicitous announcement today may offer a clue to what's being secretly agreed upon internationallly: state there will be no domestic controls (to assure privacy and secure commerce) coupled with promises to ease export limits (to assure commercial producers), then contradict that with a statement about new legislation to criminalize encryption use in the name of "public safety" and provision for access to encrypted data (to assure national security and law enforcement). Tell all parties what they want to hear in public, then arrange for what's really going to happen in secrecy among those responsible parties who know how to bear the terrible burden of keeping society safe and sound. Which brings up Time's new "Digital Daily" replacement for Netley News. News seems to have been eliminated in favor of entertaining fluff and product promo, even worse than "mainstream" Time itself. What's up Declan? Has the ghost of Luce come back to order Time online to shut up reporting unpleasant nefaria and get on with narcotizing the masses via Luce's incomparable coy language of insider duplicity?

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RE: GPL & commercial software, the critical distinction (fwd)
by Matthew James Gering 17 Dec '03

17 Dec '03

I wrote: > > Show me an example of an unregulated coercive monopoly > > whose source of monopoly power is not ultimately the > > government. Jim Choate answered: > The Mafia. The handful of world-class coke dealers. Your local church. The church had a monopoly on religion. Not any more. When it had it was supported by the state or by its own use of force. The other two organizations use force to maintain their monopoly, and again both are supported indirectly (sometimes more directly than we like to think) by the state. The state prohibits free competition, it is a black market. When I talk of a free market I man Laissez Faire Capitalism, not Anarcho-Capitalism. The abolition of force is a requisite (and the only proper role of government). A large company can maintain a monopoly by force (more often than not the government is the instrument of force, the legalization of coercive monopoly power). Matt

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RE: GPL & commercial software, the critical distinction (fwd)
by Jim Choate 17 Dec '03

17 Dec '03

Forwarded message: > From: Matthew James Gering <mgering(a)ecosystems.net> > Subject: RE: GPL & commercial software, the critical distinction (fwd) > Date: Thu, 1 Oct 1998 18:01:23 -0700 > I wrote: > > > Show me an example of an unregulated coercive monopoly > > > whose source of monopoly power is not ultimately the > > > government. > > Jim Choate answered: > > The Mafia. The handful of world-class coke dealers. Your local church. > > The church had a monopoly on religion. Churches monopolize faith (but let's not go there). > Not any more. Tell that to the Isreali's and the Arab's, the Serbs and the Slav's, The Hutu's and the whoever they are I can't think of at the moment, the Irish Protestants and Catholics, etc., etc., ad nausium... When it had it was > supported by the state or by its own use of force. The other two force is one form of coercion, faith can be another. > organizations use force to maintain their monopoly, and again both are > supported indirectly (sometimes more directly than we like to think) by > the state. The state prohibits free competition, it is a black market. A free-market is defined as consisting of the supplier and the consumer without a regulatory body. It doesn't prohibit a third group *wanting* to regulate that market. Or of either the producer or consumer using violence to prevent it. > When I talk of a free market I man Laissez Faire Capitalism, not > Anarcho-Capitalism. What's the specific difference? What is the fundamental litmus test between a Laisez Faire and a Anarcho? In one case there is no recognized arch to be had to regulate the market and in the other the third party simply opts out of participating. In what way are the resulting markets different from either the producers or consumers view? > The abolition of force is a requisite (and the only > proper role of government). Explain further what you mean by abolition of force is a prerequisite please. And what specificaly do you mean by proper role of government? ____________________________________________________________________ The seeker is a finder. Ancient Persian Proverb The Armadillo Group ,::////;::-. James Choate Austin, Tx /:'///// ``::>/|/ ravage(a)ssz.com www.ssz.com .', |||| `/( e\ 512-451-7087 -====~~mm-'`-```-mm --'- --------------------------------------------------------------------

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[Fwd: Fw: Court Strikes Down Federal Mandates Again]
by Jim Choate 17 Dec '03

17 Dec '03

Forwarded message: > While I have not found this case decision posted anywhere but in this > usenet posting, I have found some background info: > http://www.rcfp.org/NMU/961216b.html > Local Sovereignty Update > US Court Again Upholds State Sovereignty and Strikes Down Federal = > Mandate > This month we have another case in which the federal courts have = > recognized that the federal government has no authority to impose any = > mandate on state or local government. > Printz v. US ruled that '[t]he Federal Government may neither issue = > directives requiring the States to address particular problems, nor = > command the States' officers, or those of their political subdivisions, = > to administer or enforce a federal regulatory program.' That across = > the board prohibition is simply being applied to various federal = > mandates one after the other.=20 > =20 > CONDON v US, Decided: September 3, 1998 =20 > > =20 > In 1994 Congress passed the Driver's Privacy Protection Act (DPPA), = > which tried to set federal standards governing how and when information = > in driving records could be released. The DPPA said that "Any State = > department of motor vehicles that has a policy or practice of = > substantial noncom- pliance . . . shall be subject to a civil penalty = > imposed by the Attorney General of not more than $5,000 a day."=20 > =20 > South Carolina, joined by several other states, refused to implement the = > Driver's Privacy Protection Act (DPPA), and sued the Federal government = > in US Court demanding that the law be recognized by the federal courts = > as a violation of the Tenth and Eleventh Amendments to the United States = > Constitution. > =20 > The Fourth Circuit Court struck down DPPA ruling that > > > "Under our system of dual sovereignty, "[t]he powers not delegated to = > the United States by the Constitution, nor prohibited by it to the = > States, are reserved to the States respectively, or to the people." U.S. = > Const. amend. X. Because Congress lacked the authority to enact the DPPA = > under either the Commerce Clause or Section 5 of the Fourteenth = > Amendment, we affirm the judgment of the district court." > > > The Court also stated plainly that: "Congress may not enact any law that = > would direct the functioning of the States' executives or legislatures." = > > > Citing the New York and Printz cases the court said that the Supreme = > Court's ruling with respect to federal mandates "has been a model of = > consistency."=20 > > Some of the more important quotes from the case follow: > > > In New York v. United States, 505 U.S. 144 (1992) the Supreme Court = > held that Congress could not "commandeer[ ] the legislative processes of = > the States by directly compelling them to enact and enforce a federal = > regulatory program." ... In Printz v. US the court held "that Congress = > cannot circumvent that prohibition by conscripting the State's officers = > directly." Id. at 2384. The Court went on to note that '[t]he Federal = > Government may neither issue directives requiring the States to address = > particular problems, nor command the States' officers, or those of their = > political subdivisions, to administer or enforce a federal regulatory = > program.' " > =20 > > "The Supreme Court, in both New York and Printz, has made it perfectly = > clear that the Federal Government may not require State officials to = > administer a federal regulatory program." > > > "Although Congress has regulated the disclosure of personal information = > by some private parties, the Constitution permits Congress to regulate = > the conduct of individuals. In contrast, Congress may not, as a general = > matter, regulate the conduct of the States. See New York, 505 U.S. at = > 166 ("[T]he Framers explicitly chose a Constitution that confers upon = > Congress the power to regulate individuals, not States." (quoted with = > approval in Printz, 117 S. Ct. at 2377)). " > > "The United States also contends that the DPPA was properly enacted = > pursuant to Congress's power under Section 5 of the Four- teenth = > Amendment. In light of the Supreme Court's landmark decision in City of = > Boerne v. Flores, 117 S. Ct. 2157 (1997), we are constrained to = > disagree." > > Congress's power to enact legislation under the Fourteenth Amendment is = > not unlimited, however. See, e.g. , City of Boerne v. Flores, 117 S. Ct. = > 2157, 2171 (1997) (holding that the Religious Freedom Restoration Act is = > "a considerable congressional intrusion into the States' traditional = > prerogatives," and that Congress exceeded its power under the Fourteenth = > Amendment in enacting the statute); Gregory v. Ashcroft, 501 U.S. 452, = > 469 (1991) (stating that "the Four- teenth Amendment does not override = > all principles of federalism"); Oregon v. Mitchell, 400 U.S. 112, 128 = > (1970) (noting that "[a]s broad as the congressional enforcement power = > is, it is not unlimited"). For instance, Congress's power "extends only = > to enforc[ing] the provi- sions of the Fourteenth Amendment." City of = > Boerne, 117 S. Ct. at 2164 (emphasis added) (internal quotation marks = > omitted). Of perhaps equal importance, it is only a preventative or = > remedial power, not a substantive power. See id. at 2167. As a result, = > Congress does not possess "the power to determine what constitutes a = > constitutional violation." Id. at 2164.=20 > > > "neither the Supreme Court nor this Court has ever found a = > constitutional right to privacy with respect to the type of information = > found in motor vehicle records. Accordingly, Congress did not have the = > authority under Section 5 of the Fourteenth Amendment to enact the = > DPPA." ____________________________________________________________________ The seeker is a finder. Ancient Persian Proverb The Armadillo Group ,::////;::-. James Choate Austin, Tx /:'///// ``::>/|/ ravage(a)ssz.com www.ssz.com .', |||| `/( e\ 512-451-7087 -====~~mm-'`-```-mm --'- --------------------------------------------------------------------

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No Subject
by Anonymous 17 Dec '03

17 Dec '03

Mr. Hettinga Bostoned: >True enough. The water runs off the mountains *into* most of Death Valley, >not *out* of it. The Totos > Todt An experience not to be missed is walking on the boiling water that collects at the lowest hottest point of the US. The encrusted mineral deposits left as the moisture evaporates create a hurricanic wreckcape of razor sharp crystals and suffocating stench in 120-degree+ summer heat -- yourself abarbeque. Not far away is where rocks moonwalk across the flat landscape, leaving astronautic tracks of their movement which has not yet been explained by NASA investigators, all unawares pancaked by their implacable specimens heading home for Jupiter. Then there's the nearby location where earth's gravity is not perpendicular, and all vegetation is angled exactly to fit the cant. When you step into the gavitational field you tip like Pisa's Tower obeying the pull. Some learned idiots say this is due to undergound deposits of metallic ore or a chunk of Mars. (There are several such sites around the US, one the Pentagon Parking Lot East, where the levitators worked the 1969 liftoff). All this perfectly tunes in to crypto channel because it is from Death Valley that our film crew returned today from shooting the Toto Family, not CJ's family but the band of creatures who gypsy under The Toto Mantle (TTM). Yes, they are ghoulish beyond ancestor-vulgar Pacific Rim loathsome, but that is not what cracked up us TransAtlanticists. It was watching the whole crew of TTMs simultaneously, in concert, keening and hair strumming, produce encrypted text, each contributing algorithmicly single alpha numerical digits, plink A, plonk 2, plunk %, in perfect signed PGP, bypassing incluement grammatical plaintext, EZ-guessable PWs and crackerjacktoy keys to issue pure incomprehensibility which could be instantaneously decrypted by an incomprehending viewer barechest-lathered with Death Valley Vapor Rub(DVVR) (TM-TTM). There is this, too. Each TM-TTM rubber descoda was genuine, authentic, narcotic, immimicable, that is certain from the Radiant Glow of Ego ID Superego Transcendence that erases the codebarer barefooting meatslicing mineral deposits, bareback riding walking rocks, bare-ass leaning into the fully exposed future disclosed in the deathseeking porno-crypto-graphy of The Totos > Todt (TT>T).

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Echelon's Origin
by John Young 17 Dec '03

17 Dec '03

The NSA released during the summer a Top Secret memorandum by Truman in 1952 establishing NSA as the lead COMINT agency for the USG: http://jya.com/nsa102452.htm After the dry description of decisionmaking procedures there are tantalizing pointers to the means NSA is to use to spy on foreign governments' communications, with reference to accommodating allies at NSA facilities -- read it carefully. Also, it's chilling to read that COMINT was so vital that Truman declared it to be free from any constraints placed on all other forms of intelligence. And the DIRNSA was given authority to command any military department or civilian agency for COMINT purposes It would be helpful to learn what superceded this memo for authority to engage in global COMINT. Yes, we accept anonymous contributions for COMINTers. Erich Moechel writes that France has its version of Echelon and wiretapping, and shares its fruits with Germany, in competition with the Echelon-Five. The French have built up an Echelon like wiretapping system of their own, operating from Dordogne (France), French Guayana & Nouvelle Caledonie. Would anyone have more information on this program? And what about other Echelons around the world?

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INFO-RUSS: "Post-Soviet Science and Technology" class (fwd)
by Jim Choate 17 Dec '03

17 Dec '03

Forwarded message: >From INFO-RUSS-request(a)smarty.ece.jhu.edu Thu Oct 1 21:43:40 1998 Message-Id: <9810012329.AA25272(a)smarty.ece.jhu.edu> Errors-To: INFO-RUSS-request(a)smarty.ece.jhu.edu Sender: INFO-RUSS-request(a)smarty.ece.jhu.edu Date: Thu, 1 Oct 1998 15:19:28 -0700 To: info-russ(a)smarty.ece.jhu.edu From: "Andrei G. Chakhovskoi" <chakhovs(a)ece.ucdavis.edu> Subject: INFO-RUSS: "Post-Soviet Science and Technology" class --------------------------------------------------------------------- This is INFO-RUSS broadcast (1200+ subscribers). Home page, information, and archives: http://psi.ece.jhu.edu/~kaplan/IRUSS/inforuss.html To post, or to subscribe/unsubscribe, mail to info-russ(a)smarty.ece.jhu.edu INFO-RUSS assumes no responsibility for the information/views of its users. --------------------------------------------------------------------- Dear INFO-RUSS netters: I am teaching a class on "Post-Soviet Science and Technology" at the University of California at Davis. If you can share any information, personal experience, or if you can point to an information source relevant to the subject - please respond to the message below. This year, I begin teaching a class which talks about a recent history and up-to-date changes in science, technology and ecology in Russia and the republics of the former USSR. This class is more like an "experimental" effort to take a look at the current situation in scientific and technology field in former USSR. Being involved for many years in high-tech research in Russian Academy of Sciences as well as in several defense R&D institutions in Moscow and the vicinity, I am naturally interested to learn what is happening there now. Although I am working at UC Davis since 1992, I am still involved in a number of collaborative projects with my former Russian and Ukranian co-workers. I was sharing my thoughts about the situation in Soviet science and technology with my colleagues at UC Davis and Sandia NL, as well as with scientists at various forums and conferences; and I found that there is actually a big interest to this issue. Sometimes a spontaneous discussion has originated from these conversations, leading to an invitation to give a talk about the subject. People were interested to hear about current challenges and difficulties faced by Russian scientists as well as about intellectual and technological potential accumulated in Russia and former USSR countries. And always the audience was interested to hear more information and details than could be delivered in one single talk. After a few talks I decided to expand the effort and I approached the Teaching Resources Center at UC Davis with a proposal to originate an interdepartmental seminar on this subject. The idea was welcomed, and the seminar got approved for the Fall of 1998. Currently, this is one-quarter (8 weeks) seminar for a small group of students (15 people) from different specialities. Most of them are freshman who do not have chosen a major speciality yet. Depending the success of this seminar it may eventually grow into a bigger course. The exact title of this seminar is "The Effects of the Changing Economy on Technology and Ecology in Russia and New Independent Countries". The term "Changing Economy" here is not just economy but also implies "State and Political System". Although I will try to concentrate on science and technology more than on politics and economy, I afraid that it will be impossible to ignore political and economical issues, especially due to the recent crisis in Russia. Because of the nature of this seminar and the subject studied, there is no solid curriculum or a single book which can be used throughout the quarter. The students need to collect the most recent information from the Internet and periodicals and they are encouraged to study and compare different opinions obtained from various communication sources. I do have a growing collection of WEB-links and press documents relevant to the subject, but this collection is far from being complete. I will appreciate it if you can point to the WEB-links, to newsgroups which discuss relevant issues, or to documents which can be downloaded and used for this class. I will especially appreciate it if you have materials like photos, brief videos, documents, magazines, newspapers which you can loan or share for this seminar. If it involves copying expenses I can make copies of the materials and return the originals, or I can provide a reimbursement for copying/mailing expenses. All the materials will be used for educational purpose only, the source or the author of the material will be identified with a proper reference and acknowledgement. A very important part of this seminar is related to a personal experience shared by people who are working or used to work in this field. I will appreciate any documents of a personal matter - memories, stories which can be shared with the students. Also, I would like to invite interested parties to join a discussion as invited speakers. I would like to invite somebody who was involved in joint research/development projects between USA and Russia, who is working in the field related to technology transfer and international scientific collaboration, or who just has an experience working in high-tech field in Russia to share his/her experience and feelings. If anybody is living not very far from Davis, CA or traveling in Northern California in October/November - I would be extremely delighted if you find it possible to give a talk at this seminar. We meet each Tuesday between October 6 and November 24. Unfortunately, due to the size of the seminar the budget for this quarter is quite limited so I will not be able to offer you a generous honorarium, or fly you from New York or Boston, but at least I can reimburse you for the travel from San Francisco Bay area / Silicon Valley (about $ 50). Please e-mail me at chakhovs(a)ece.ucdavis.edu Thanks and best regards, Dr. Andrei G. Chakhovskoi Lecturer / Research Scientist University of California at Davis Department of Electrical and Computer Engineering

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Randomness testing
by Clifford Heath 17 Dec '03

17 Dec '03

We have been asked by a customer if we have any tests that demonstrate the randomness of the SSLeay random number generator (augmented by some sound-card random number seeding that we wrote). I'd like to find some standard implementation for testing randomness, but Schneier offers no help (other than a reference to Knuth Vol 2), and I don't know where else to turn. I realise that cryptographic randomness requires unpredictability, and this quality depends upon closed-world assumptions about unknown individuals' predictive powers, but we have to live with that. -- Clifford Heath http://www.osa.com.au/~cjh Open Software Associates Limited mailto:cjh@osa.com.au 29 Ringwood Street / PO Box 4414 Phone +613 9871 1694 Ringwood VIC 3134 AUSTRALIA Fax +613 9871 1711 ------------------------------------------------------------ Deploy Applications across the net, see http://www.osa.com

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Increase Your Paycheck Next Week
by HyperReal-Anon 17 Dec '03

17 Dec '03

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