December 2003 - cypherpunks-legacy

Controversy over UK escrow proposal (fwd)
by Paul Bradley 17 Dec '03

17 Dec '03

---------- Forwarded message ---------- Date: Wed, 09 Jul 1997 12:08:13 +0100 From: Ross Anderson <Ross.Anderson(a)cl.cam.ac.uk> To: ukcrypto(a)maillist.ox.ac.uk Cc: prz(a)pgp.com Subject: Controversy over UK escrow proposal This may be of interest, as the first news report that a government department is going on the record to oppose the escrow proposals of another government department. Ross Encryption: NHS FIGHTS TO BE EXEMPT FROM TTP Service claims key data access would breach patient confidentiality (Network Week v 2 no 41 (9/7/97), front page lead) By Daryl Wilcox The NHS has demanded to be exempt from proposed regulations requiring encryption keys to be lodged with a trusted third party (TTP). The NHS said it was concerned that if keys to medical data were held by TTPs, as proposed by the DTI for access by law enforcernent agencies, patients would lose confidence in the service's commitment to confidentiality. A source close to the DTl confirmed last week that the NHS had called for an exemption from TTP rules in a submission to the DTI on its proposals. The NHS is keen to be free to adopt encryption to allow the electronic movement of patient records between hospitals and GPs. The move looked likely to fuel widespread objection to the proposals from commerce and civil liberties groups, who would interpret the NHS position as a blow to thc credibility of a compulsory TTP system. Marion Bain, hcad of data protection issues at the Common Services Agency of the NHS, raised the NHS's concerns at last week's annual conference of data protection professionals' club Privacy and Business. ``The NHS concerns are different to business con- cems,'' she said. ``Patients would be resistant to the electronic transfer of their information if they thought access to it was available to a third party. The NHS would welcome being exempt from TTP rules.'' A source close to tlie DTI said: ``The NHS wants no part of a TTP rule. They have fought hard for patient data to only be made available to clinical practitioners and they want to preserve this.'' (ends)

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Re: New Add-On Law
by nobody＠REPLAY.COM 17 Dec '03

17 Dec '03

Can the LEA have a blanket wiretap in a confessional booth in hopes of gaining evidence of organized crime? Are they permitted to monitor all confessions or just the ones stated in the warrant? Do LEA view themselves as God? Forgive me mother for I have sinned. I have used un-GAKd crypto in my preperations of my writings about theology.

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by david378eh＠juno.com 17 Dec '03

17 Dec '03

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NEWS: Freedom of Movement Could Cripple Cops, FBI Warns
by Tim May 17 Dec '03

17 Dec '03

No comment needed. >Date: Fri, 11 Jul 1997 12:13:18 -0700 > >Freedom of Movement Could Cripple Cops, FBI Warns > > By Klaus Prime > >WASHINGTON, July 9 (Reuter) - FBI Director Louis Freeh on Wednesday issued >his sternest warning yet that freedom of movement by citizen units could >wreak havoc on crime-fighting efforts. > >But travel industry participants warned that U.S. restrictions on freedom >of movement, which would require citizen units to notify law enforcment of >their travel plans and check in at police stations would merely boost >travel to foreign countries which don't have such restrictions. > >Freeh urged Congress to promote the use of a type of "position escrow" >that allows law enforcement agents to track the locations of terrorists, >child pornographers, money launderers, and other thought criminals by >using the position escrow data base. "Access to the position escrow data >base would only be by legitimate law enforcement personnel," Freeh said. > >"Law enforcement is in unanimous agreement that the widespread freedom of >criminals to move about freehly will devastate our ability to fight crime >and prevent terrorism," the FBI director testified before the Senate >Judiciary Committee. > >Freeh has spoken out numerous times against the unrestricted ability of >citizen units to move about freehly, but his remarks Wednesday focused >mainly on the threat to law enforcement efforts within the United States. > >Current laws place few restrictions on where citizen units may travel and >live, except for parolees and sex offenders, and some scholars believe >restrictions on U.S. citizens might be unconstitutional. > >Wednesday, 9 July 1997 17:45:40 >RTRS [nN09285032] >

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17 Dec '03

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New Add-On Law / Re: Freeh's Testimony (FBI Seeks Domestic GAK)
by nobody＠REPLAY.COM 17 Dec '03

17 Dec '03

Duncan Frissell wrote: > More generally, it is legal not to speak and thus to deprive police and > prosecutors of the contents of your mind. Crypto just extends this right. Duncan, as he often does, points out a small truth which goes to the very heart of the issue of criminalizing strong encryption. Criminalizing crypto is criminalizing _private_speech_ and also _private_thought_. Mark my words, when the day comes that LEA's have the technology to read human thoughts, then we will be seeing this same debate taking place in that arena. The "legitimate needs of law enforcement" rhetoric, et al, will be drug out for the billionth time to thwart the danger that a CypherPunk might fart in the woods without an LEA recording it. Think back to the first time you read "1984" and think about what you, yourself, could _add_ to the book from your own personal knowledge and experience since that date. If we added all of the instances of "Big Brother" becoming an accepted reality of everyday life since then, the tome would rival "War and Peace" in volume and scope. If I choose to write my prayers on a word processor, in order to better organize my spiritual thoughts and be able to reference them to remember my promises to God, does the State have a right to demand I let them view those prayers, and private religious thoughts? If I use a computer to write my attorney, perhaps even outlining my activities, etc., in regard to criminal charges against me, does the State have a right to demand access to it? Am I allowed to whisper to my lawyer in court, but not to type what I want him to know on a computer screen he has in front of him in the same courtroom? Am I allowed to tell a $200/hour psychiatrist that someone made me mad enough to "kill" them in order to stay sane enough not to do so, and have it kept confidential, but be denied the right, if I am a poor person, to do the exact same thing in writing on my computer, with the help of a $4.95 paperback self-help/psychology book? Have private thoughts been "corporatized/governmentized" somehow? Are our private thoughts sacred only when shared with a recognized authority? If I share them with myself, do they become the property of the State? Am I totally out of my mind, or has life become tremendously fucking scary, and nobody but me has noticed? Sometimes I feel like the guy on the plane in the "Twilight Zone" movie, who is the only one who can see the monster on the plane's wing that is endangering everyone's life. And if you shoot at the monster nobody else can see, then they strap you down and take you to the rubber room. (Obvious analogy to McVeigh and Death Row purely unintentional.) {"Your honor, this search warrant is for the purpose of cracking the suspect's head open with a crowbar and prying his brain out so that we can poke around, in _good_faith_, I assure you, and look for evidence that pertains to a crime that may have been committed.") If you don't provide a breathalyzer sample, you are automatically guilty of drunken driving (even if the DMV License Tester is handing you a perfect score/report as the officer places you in handcuffs). I have no doubt that under future key escrow laws that your prayers to God and your letters to yourself detailing the most intimate details of your life will make you automatically guilty of tax evasion unless you allow strangers who are hostile to you (police, judges, prosecutors) to read them. Yes, and one day, even our private thoughts will be considered to automatically make us guilty criminals unless we allow LEA's access to them. (The "lie detector" is a case in point, and it has in the past come dangerously close to being afforded the same status as the breathalyzer, even though it represents "voodoo" as much as it does "science.") If a tree falls in the forest, and nobody hears it--is it a drug trafficking tree or a child molesting tree? TruthMonger

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Routing around damage
by nobody＠REPLAY.COM 17 Dec '03

17 Dec '03

Remember "the internet interprets censorship as damage and routes around it"? I'd be happy with an internet that interprets DAMAGE as damage and routes around it. >A minor construction accident in San Jose, California, caused >three hours of Internet slowdowns this morning, especially for >those trying to connect to and from West Coast Web sites. >Backbone Internet providers route requests and information >through about a half-dozen network access points (NAPs). >When one has a problem, it can affect the entire Internet.

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From Bad to Worse / Re: Jim Bell (FINALLY!) Charged
by nobody＠REPLAY.COM 17 Dec '03

17 Dec '03

Duncan Frissell wrote: > >Oregonian Friday July 11, 1997 Page B3 > > > >James D. Bell was charged Wednesday with interfearing with a federal > >officer > >and using false Social Security numbers. He has been held without > >bail in the Pierce County Jail since his May 18 arrest. > [Warning! Old, politically incorrect law school joke coming up.] > What was the biggest charge reduction in the history of plea bargaining? > That would have been the reduction from a charge of Sodomy to a charge of > Following Too Close. -- From the International Committee for the Preservation > of Politically Incorrect Law School Jokes. I was arrested for "arson." They said that if I'd turned her over, then the charge would have been "rape." My lawyer pleaded it down to "assault with a friendly weapon." (The prosecutor argued for "dangerous weapon," but I was fortunate enough to have a male judge, so the evidence didn't stand up in court when it was presented for inspection.) > >In an affidavit for the search warrant, IRS Special Investigator Jeff > >Gordon said that Bell was "directly soliciting others to set up a system > >to murder government officials" and that he had devised a plan to > >overthrow the government. > > So where are these "others" and why are they still being allowed to walk the > streets? Perhaps the others are all decent, law-abiding conspirators who planned to have Dr.Kevorkian "help" government officials and, rather than "overthowing" the government, will merely act as executors (pardon the pun) of the e$tate. > All right. You forced me. "Why do they call it the 'Reasonable Man Test'? > Because there's no such thing as a reasonable woman." (See Above) [Duck and > Cover!] Everyone knows what "Coyote Ugly" is...do you know what "Jailbird Ugly" is? It's when a woman is so ugly that her rapist is sentenced to _do_ her again--from the front. ArsonAssed "Justice is a two-edged place to put your sword." Something's wrong when I'm sodomized under an increasing number of laws. Only one response to the dick grabbers is warranted: "Pull!...Pull!" ---------:---------:---------:---------:---------:---------:---------:---- Mayor Maynot | Sexual Anarchy: raincoat encryption, mm(a)got.sum 408-728-0152 | anonymous sex, digital fetishes, Zippo W.A.S.T.E.: Corralitos, CA | knowledge, bad reputations, sex markets, Higher Power: 2^1398269 | black sex markets, collapse of boners. "Chastity belts aren't even hemmeroids on the anal bi-way."

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McCain Open to Key Recovery Alternative by Rebecca Vesely 3:06pm 11.Jul.97.PDT Senator John McCain, sponsor of legislation that would create a domestic key recovery system for all encrypted commercial transactions and personal communications, said Friday that he is open to hearing alternatives to such a plan. "We are not wedded entirely to key r
by Alan Olsen 17 Dec '03

17 Dec '03

http://www.wired.com/news/news/politics/story/5133.html McCain Open to Key Recovery Alternative by Rebecca Vesely 3:06pm 11.Jul.97.PDT Senator John McCain, sponsor of legislation that would create a domestic key recovery system for all encrypted commercial transactions and personal communications, said Friday that he is open to hearing alternatives to such a plan. "We are not wedded entirely to key recovery," the Arizona Republican said in an interview. McCain, chairman of the Senate Commerce, Science, and Transportation Committee, and Senator Bob Kerrey (D-Nebraska) introduced the Secure Public Networks Act last month. Privacy advocates and much of the high-tech industry oppose domestic key recovery on grounds that it would violate civil rights and be impractical and expensive to build and manage. McCain said he met with Microsoft representatives recently to discuss a new technology being developed by the software giant that could be less intrusive and problematic than key recovery. The senator also said he plans to meet with Netscape officials next week to discuss yet another alternative. Officials from Netscape were not immediately available for comment. "I'm saying, OK, if you have another solution, I'd like to hear it," McCain said, though he stressed that protecting national security remains his "first obligation." The McCain-Kerrey bill includes provisions for setting up a voluntary domestic key recovery system, including incentives for those who participate. Critics say participation in the key-management infrastructure wouldn't really be voluntary - it would be a prerequisite to conducting electronic commerce. Encryption, or data-scrambling technology, is widely viewed as the cornerstone to e-commerce because it conceals credit card numbers and other personal information traveling over networks. Key recovery, as outlined in the bill, would create a system of certificate authorities to whom users would give a copy of their data keys. Law enforcement could then access that copy of your key through a court order. McCain's flexibility on the issue could influence the debate over how to protect national security while allowing a free market to flourish in the digital age. Just two days ago, at a Senate Judiciary Committee hearing on the bill, FBI director Louis Freeh testified on the need for mandatory domestic key recovery, and some senators on the committee, notably the chairman, Orrin Hatch (R-Utah), seemed to agree that some sort of domestic key recovery is needed to allow law enforcement to wiretap suspect digital communications and transactions.

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McCain Open to Key Recovery Alternative
by Alan 17 Dec '03

17 Dec '03

Lets try that again... http://www.wired.com/news/news/politics/story/5133.html McCain Open to Key Recovery Alternative by Rebecca Vesely 3:06pm 11.Jul.97.PDT Senator John McCain, sponsor of legislation that would create a domestic key recovery system for all encrypted commercial transactions and personal communications, said Friday that he is open to hearing alternatives to such a plan. "We are not wedded entirely to key recovery," the Arizona Republican said in an interview. McCain, chairman of the Senate Commerce, Science, and Transportation Committee, and Senator Bob Kerrey (D-Nebraska) introduced the Secure Public Networks Act last month. Privacy advocates and much of the high-tech industry oppose domestic key recovery on grounds that it would violate civil rights and be impractical and expensive to build and manage. McCain said he met with Microsoft representatives recently to discuss a new technology being developed by the software giant that could be less intrusive and problematic than key recovery. The senator also said he plans to meet with Netscape officials next week to discuss yet another alternative. Officials from Netscape were not immediately available for comment. "I'm saying, OK, if you have another solution, I'd like to hear it," McCain said, though he stressed that protecting national security remains his "first obligation." The McCain-Kerrey bill includes provisions for setting up a voluntary domestic key recovery system, including incentives for those who participate. Critics say participation in the key-management infrastructure wouldn't really be voluntary - it would be a prerequisite to conducting electronic commerce. Encryption, or data-scrambling technology, is widely viewed as the cornerstone to e-commerce because it conceals credit card numbers and other personal information traveling over networks. Key recovery, as outlined in the bill, would create a system of certificate authorities to whom users would give a copy of their data keys. Law enforcement could then access that copy of your key through a court order. McCain's flexibility on the issue could influence the debate over how to protect national security while allowing a free market to flourish in the digital age. Just two days ago, at a Senate Judiciary Committee hearing on the bill, FBI director Louis Freeh testified on the need for mandatory domestic key recovery, and some senators on the committee, notably the chairman, Orrin Hatch (R-Utah), seemed to agree that some sort of domestic key recovery is needed to allow law enforcement to wiretap suspect digital communications and transactions.

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