December 2003 - cypherpunks-legacy

Re: Australian "Walsh" report exposes the hole in key escrow
by lcs Mixmaster Remailer 17 Dec '03

17 Dec '03

John Davidson wrote: > The US National Institute of Standards and Technology recently made a > worldwide plea for cryptography algorithms that can be used for > authentication and not for encryption. And, of course, cannot be used to authenticate encryption keys. Oh, but they're just binary data, aren't they? So those Evil Terrorists(tm) will simply use their magic authentication-only keys to authenticate their secret un-surrendered encryption keys and they're off. SignatureMonger

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The Walsh Report
by John Young 17 Dec '03

17 Dec '03

Thanks to Anonymous (V) we offer the full Walsh report for the Australian government on encryption policy which critiques the validity of key escrow, as described in the news report posted by John Gilmore yesterday. It's a big one, 280K so we offer three versions: 1. Full report: http://jya.com/walsh-all.htm (280K) 2. Full report Zipped: http://jya.com/walsh-all.zip (93K) 3. Separate files for TOC and foreword, 6 chapters and annex: http://jya.com/walsh-rep.htm

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Marc Andreessen on encryption and CDA
by Declan McCullagh 17 Dec '03

17 Dec '03

Marc Andreessen from Netscape spoke at a National Press Club luncheon on June 20. Attached is an excerpt from a transcript of his remarks. -Declan --- NATIONAL PRESS CLUB LUNCHEON MARC ANDREESSEN, NETSCAPE FRIDAY, JUNE 20, 1997 [...] The goal here in all these markets should be open access -- open access for any new competitor who wants to offer content and services, who wants to offer hardware and software, who wants to offer bandwidth for the Net itself. And then open access should also allow each consumer and business to choose and buy from any set of vendors it wants. Now, I am not suggesting anything radical -- no major new laws or sweeping regulations, but simply that we must ensure we have vigorous enforcement first of existing antitrust laws and vigorous promotion of normal healthy competitive markets in these areas -- network services, software and hardware, content and consumer services. Once we have that, then we need to make sure we just don't screw it up. For example -- just one example -- patently ridiculous limitations on the ability of American companies to both produce and use encryption software and hardware internationally. Encryption technology now is freely available to criminals and terrorists all around the world, overseas, on the Web. You can buy it from NTT, you can buy it from companies out of South Africa, England, and many other countries. And we are really at this point deluding ourselves with respect to our ability to control this technology. The genie is clearly already out of the bottle. However, current regulations, current arms traffic regulations that apply to this technology and the new McCain-Kerry bill that just was introduced a couple of days ago -- the real effect there is that they are ceding the international data security market to non-U.S. vendors. They are really stunting now the development of the Net as a commercial medium, and they are leaving American companies fundamentally unprotected from economic espionage and terrorism abroad. One final example, imposing censorship laws in this new consumer content medium that are more stringent and restrictive than those on newspaper and television. [...] ------------------------- Declan McCullagh Time Inc. The Netly News Network Washington Correspondent http://netlynews.com/

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Supreme Court summarily affirms Shea v. Reno CDA case
by Declan McCullagh 17 Dec '03

17 Dec '03

Dealing the final blow to the Communications Decency Act, the Supreme Court last Friday again ruled the law was unconstitutional. In a one-line order, the justices summarily affirmed the ruling of a New York federal district court that struck down the law last July. Joe Shea filed the lawsuit in February 1996 on behalf of his online publication, the American Reporter. Since the court did not write an opinion, however, the Shea v. Reno case does not have the same hefty precedential value as the ACLU v. Reno lawsuit brought by the American Civil Liberties Union and American Library Association plaintiffs. "Since in practice ACLU v. Reno is the law of the land, that preempts any binding force that Shea v. Reno might have," says UCLA law professor Eugene Volokh. Shea challenged only part of the CDA and didn't win as broad a victory at the trial court level as the ACLU and ALA coalitions did. Still, Shea is celebrating. "What it really means to me is that other countries aren't going to get the support they hoped for when they start or continue to suppress the Internet," he says. "The Net is going to be an important vehicle for new democracies around the world. People are going to voice on the Internet what they can't voice on radio or TV. Governments are going to find it harder to regulate because the U.S. Supreme Court stood behind the First Amendment in both of these cases." Shea filed the case with the pro bono help of Arent Fox, Kintner Plotkin & Kahn, a Washington law firm. Shea recently signed a partnership with nando.net, which now will publish the American Reporter online. It'll go live in July at http://american-reporter.com -Declan More info: http://www.eff.org/pub/Legal/Cases/Am_Reporter_v_DoJ/ http://www.newshare.com/Reporter/3097/3097-6.html http://www.newshare.com/Reporter/3097/3097-8.html ------------------------- Declan McCullagh Time Inc. The Netly News Network Washington Correspondent http://netlynews.com/

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Has your privacy been invaded? Protected? Both?
by Declan McCullagh 17 Dec '03

17 Dec '03

We hear a lot of steamy rhetoric about privacy and the information age, but few real-world examples. I'm working on a story now for Time about just this: what's happening to individual privacy today. Does the Net make us more exposed -- DejaNews and 411-type databases -- or does it provide us with more privacy through tools like anonymous remailers and pseudonymous identities? Can we trust the government to protect our privacy when it works tirelessly to invade it? Much has been written about this. What I'm looking for now are examples. Have you used an anonymous remailer to cloak your identity, or been flamed through one? Have you been denied a transaction at a store because you refused to identify yourself? Have you hunted through databases to find someone important? Has sensitive information about you turned up in one? I'd appreciate hearing some stories... Thanks all, Declan ------------------------- Declan McCullagh Time Inc. The Netly News Network Washington Correspondent http://netlynews.com/

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Legal Adult Content
by email＠exoticwhispers.com 17 Dec '03

17 Dec '03

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Re: details of 6/26 action on HR 695??
by John Young 17 Dec '03

17 Dec '03

Sorry 'bout that .txt typo for the SAFE report; it's HTM: http://jya.com/hr105-108.htm (94K)

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Denning Paper
by John Young 17 Dec '03

17 Dec '03

Forward: Professor Dorothy Denning's paper, "Encryption and Evolving Technologies as Tools of Organized Crime and Terrorism," will be available in early July. Should you wish to purchase a copy please send a check or money order for $10.00 (includes shipping and handling) payable to the National Strategy Information Center, at the following address: 1730 Rhode Island Ave. NW, Suite 500, Washington, DC 20036. We will be happy to send you a copy once we receive your payment. Should you have any further questions please feel free to contact me. Sincerely, Marcia McGowan Working Group on Organized Crime National Strategy Information Center ---------------------------------------------------------------------------- Excerpt of the paper at: http://guru.cosc.georgetown.edu/~denning/crypto/oc-abs.html

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Dorothy and Not-Toto Do D.C.
by Dick Liquor 17 Dec '03

17 Dec '03

[Routers--July 1, 1997] CHEMICAL SPILL BY THE RIVER, U.S.A.: PRESIDENT Clinton, commenting on the British retreat from Hong Kong, told reporters, "The Chinese are a nuclear power, so the British had to 'put on a happy(~diplomatic) face' as the Chinese troops rolled in, no matter what the Chinese did at Kent State, Waco and Ruby Ridge." When his 'faux pas' was pointed out, Clinton laughed it off by saying, "Well, you know how it is...you kill a dissident and, an hour later, you want to kill again." A reporter who recently spent the night in the Lincoln bedroom saved the President further embarassment by changing the subject to the recent telivised debate on encryption between Dorothy Denning and Tim C. May, a grouchy old cypherpunk. Clinton seized the opportunity to play to the law and order crowd, responding, "That crazy bastard bit her fucking ear off! This kind of disgusting incident is exactly what our encryption policy is designed to address." When pressed to explain his statement, the President stated that if Mr. May had not been exposed to ear-biting pornography spread across the Internet with strong encryption, that children would not now be exposed to it in the televised news coverage of the May-Denning incident." When reporters asked about the Paula Jones incident, President Clinton replied, "I think she has me confused with Mike Tyson."

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Re: Marc Andreessen on encryption and CDA
by geeman＠best.com 17 Dec '03

17 Dec '03

My biggest problem is when the pundits (and by extension, those that punt to them) frame this entire debate in terms of the Market. To do so is to argue that only solutions that are good for The Market are good solutions; that when a particular policy is market-agnostic or market-negative, even though it may be good policy for People (yes, remember them ???) it is irrelevant or bad. This debate is NOT about the Worldwide Encryption Market! At 05:02 PM 6/30/97 -0400, Declan McCullagh wrote: > >Marc Andreessen from Netscape spoke at a National Press Club luncheon on >June 20. Attached is an excerpt from a transcript of his remarks. > >-Declan > >--- > >NATIONAL PRESS CLUB LUNCHEON >MARC ANDREESSEN, NETSCAPE >FRIDAY, JUNE 20, 1997 > >[...] > >The goal here in all these markets should be open >access -- open access for any new competitor who wants >to offer content and services, who wants to offer >hardware and software, who wants to offer bandwidth >for the Net itself. And then open access should also >allow each consumer and business to choose and buy >from any set of vendors it wants. > >Now, I am not suggesting anything radical -- no major >new laws or sweeping regulations, but simply that we >must ensure we have vigorous enforcement first of >existing antitrust laws and vigorous promotion of >normal healthy competitive markets in these areas -- >network services, software and hardware, content and >consumer services. Once we have that, then we need to >make sure we just don't screw it up. For example -- >just one example -- patently ridiculous limitations on >the ability of American companies to both produce and >use encryption software and hardware internationally. >Encryption technology now is freely available to >criminals and terrorists all around the world, >overseas, on the Web. You can buy it from NTT, you can >buy it from companies out of South Africa, England, >and many other countries. And we are really at this >point deluding ourselves with respect to our ability >to control this technology. The genie is clearly >already out of the bottle. > >However, current regulations, current arms traffic >regulations that apply to this technology and the new >McCain-Kerry bill that just was introduced a couple of >days ago -- the real effect there is that they are >ceding the international data security market to >non-U.S. vendors. They are really stunting now the >development of the Net as a commercial medium, and >they are leaving American companies fundamentally >unprotected from economic espionage and terrorism >abroad. One final example, imposing censorship laws in >this new consumer content medium that are more >stringent and restrictive than those on newspaper and >television. > >[...] > > >------------------------- >Declan McCullagh >Time Inc. >The Netly News Network >Washington Correspondent >http://netlynews.com/ > > > >

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