September 2003 - cypherpunks-legacy

Cypherpunks List Info
by cpunk＠lne.com 21 Sep '03

21 Sep '03

Cypherpunks Mailing List Information Last updated: Sep 12, 2002 This message is also available at http://www.lne.com/cpunk Instructions on unsubscribing from the list can be found below. 0. Introduction The Cypherpunks mailing list is a mailing list for discussing cryptography and its effect on society. It is not a moderated list (but see exceptions below) and the list operators are not responsible for the list content. Cypherpunks is a distributed mailing list. A subscriber can subscribe to one node of the list and thereby participate on the full list. Each node (called a "Cypherpunks Distributed Remailer", although they are not related to anonymous remailers) exchanges messages with the other nodes in addition to sending messages to its subscribers. A message posted to one node will be received by the list subscribers on the other nodes, and vice-versa. 1. 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Re: Drunken US Troops Kill Rare Tiger
by Major Variola (ret) 21 Sep '03

21 Sep '03

At 06:35 PM 9/21/03 -0400, Tyler Durden wrote: >"I no longer consider 9/11 a terrorist act." > >Fuck. I've been nearing a similar conclusion, though from an entirely >different, uh, line of approach. Though I don't consider having quite >crossed that line yet. > >I guess in the end we are responsible for the actions our government takes. >And if we remain ignorant and continue to benefit (and do nothing to stop >it), then we are responsible, particularly when our military represents an >outrageously assymetric invasionary force. If you pay taxes, you are a terrorist. Even if you pay them under threat of violence, as most do. 9/11 was a commando/specops operations against an invader on par with Rome. If the US were invaded by troops from Arabia, one would expect that American Patriots (tm) would perform similar military actions. What part of "beware foreign entanglements" does Congress have a comprehension problem with? Give part of germany to the jews, and give palestine back to the arabs, and blame the history of British imperialism. Buy whatever oil, hash, carpets you find on the free market. ---- Trade with all, make treaties with none, and beware of foreign entanglements. -George Washington

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Re: Liquidating the Mud People
by Tyler Durden 21 Sep '03

21 Sep '03

Matt Gaylor wrote... "That's what free people have and that's one of the reason's I'd never move to Canada. Naturally my car got searched with a fine toothed comb, but I added I wouldn't be stupid enough to bring my pistol. I spent considerable effort cleaning my car of any stray ammo, thinking what sort of post 9/11 hell I'd me in if they found a .308 or errant 9 mm. Speaking with Canadian customs however I discovered that I could have legally imported 5,000 rounds of ammo. Apparently people do so for hunting trips." I'm wondering if after writing this you started putting 2+2...guns are legal in Canada...go see "Bowling for Columbine"...apparently, many Canadians have guns, but they just don't use them to kill people very often. -TD >From: Freematt357(a)aol.com >To: timcmay(a)got.net, cypherpunks(a)lne.com >Subject: Re: Liquidating the Mud People >Date: Sun, 21 Sep 2003 09:11:18 EDT > >In a message dated 9/20/03 10:36:31 PM Eastern Daylight Time, >timcmay(a)got.net >writes: > > > Me, I don't fly on Jet CIA Blue or Delta Delta Operations, or any other > > of the Big Brother-controlled airlines. (And now they are financially > > suffering and want citizen-unit taxes to bail them out... > >Any prediction when the police state fascism of the air will be exported to >the interstate highway system? Personally I won't fly either, as I want to >be >treated as a customer and I refuse to be treated as a suspect. As a >suspect >the airlines can eat my seat. > >However, I refuse to be hog-tied so I travel around the US on the ground- >I've encountered two travel concerns- One on I-10 outside of El Paso at a >border >patrol checkpoint- The Border Patrolman wanted to know where I had been and >where I was going and what I had been doing...In short, intrusive none of >their >business questions. That time I was traveling from Phoenix to the French >Quarter of New Orleans- The Fed wanted to know why I was using the southern >route, so I said why not? At the time they were searching some hapless >teenage >boy's pickup so they waved me through. Interestingly I visited Mexico that >trip >and when I reentered the US I didn't even have to show ID. The guys at >Customs >and Immigration just waved me through after asking me where I'm from, >albeit >I look American. > >The other was at a Canadian border crossing on my way to Montreal. The >Maple >leafers have a database of American gun owners, as the customs guy asked me >"You have a pistol?" to which I replied no. He asked again not believing me >"You don't have a pistol???" Upon which I replied that is correct I don't >have a >pistol, I have pistols plural. My buddy traveling with me announced in a >loud >voice so the entire station could hear, of course we have pistols, and >rifles >too- That's what free people have and that's one of the reason's I'd never >move to Canada. Naturally my car got searched with a fine toothed comb, >but I >added I wouldn't be stupid enough to bring my pistol. I spent considerable >effort cleaning my car of any stray ammo, thinking what sort of post 9/11 >hell >I'd me in if they found a .308 or errant 9 mm. Speaking with Canadian >customs >however I discovered that I could have legally imported 5,000 rounds of >ammo. >Apparently people do so for hunting trips. Noteworthy is the unguarded St. >Lawrence River with unguarded boats moored alongside the shore. We >traveled >alongside it on both sides of the border and thought how trivially easy it >would >be to cross undetected. It's not like the government efforts have to make >sense. > >Regards, Matt Gaylor- _________________________________________________________________ Instant message during games with MSN Messenger 6.0. Download it now FREE! http://msnmessenger-download.com

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Walker: NAT means you are a consumer, not a peer
by Major Variola (ret.) 21 Sep '03

21 Sep '03

(from /.) http://www.fourmilab.ch/speakfree/eol/ has a good rant by John Walker on how NAT turns users into consumers. Also Speak Freely maintenance is ending. Sic transit unix to PC secure vox. Note that PGPfone devel ended a while ago, unsupporting PC to Mac secvox. Nautilus is AFAIK PC to PC only. John is also pessimistic about 1. IPv6 deployment and 2. the return of NAT'd broadband users to non-consumer (ie, potential server aka publisher) status. As always, Walker is worth a read. ------ "The right to be left alone - the most comprehensive of rights, and the right most valued by civilized men." -- Supreme Court Justice Louis Brandeis

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Re: Liquidating the Mud People
by Freematt357＠aol.com 21 Sep '03

21 Sep '03

In a message dated 9/20/03 10:36:31 PM Eastern Daylight Time, timcmay(a)got.net writes: > Me, I don't fly on Jet CIA Blue or Delta Delta Operations, or any other > of the Big Brother-controlled airlines. (And now they are financially > suffering and want citizen-unit taxes to bail them out... Any prediction when the police state fascism of the air will be exported to the interstate highway system? Personally I won't fly either, as I want to be treated as a customer and I refuse to be treated as a suspect. As a suspect the airlines can eat my seat. However, I refuse to be hog-tied so I travel around the US on the ground- I've encountered two travel concerns- One on I-10 outside of El Paso at a border patrol checkpoint- The Border Patrolman wanted to know where I had been and where I was going and what I had been doing...In short, intrusive none of their business questions. That time I was traveling from Phoenix to the French Quarter of New Orleans- The Fed wanted to know why I was using the southern route, so I said why not? At the time they were searching some hapless teenage boy's pickup so they waved me through. Interestingly I visited Mexico that trip and when I reentered the US I didn't even have to show ID. The guys at Customs and Immigration just waved me through after asking me where I'm from, albeit I look American. The other was at a Canadian border crossing on my way to Montreal. The Maple leafers have a database of American gun owners, as the customs guy asked me "You have a pistol?" to which I replied no. He asked again not believing me "You don't have a pistol???" Upon which I replied that is correct I don't have a pistol, I have pistols plural. My buddy traveling with me announced in a loud voice so the entire station could hear, of course we have pistols, and rifles too- That's what free people have and that's one of the reason's I'd never move to Canada. Naturally my car got searched with a fine toothed comb, but I added I wouldn't be stupid enough to bring my pistol. I spent considerable effort cleaning my car of any stray ammo, thinking what sort of post 9/11 hell I'd me in if they found a .308 or errant 9 mm. Speaking with Canadian customs however I discovered that I could have legally imported 5,000 rounds of ammo. Apparently people do so for hunting trips. Noteworthy is the unguarded St. Lawrence River with unguarded boats moored alongside the shore. We traveled alongside it on both sides of the border and thought how trivially easy it would be to cross undetected. It's not like the government efforts have to make sense. Regards, Matt Gaylor-

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Drunken US Troops Kill Rare Tiger
by Major Variola (ret) 21 Sep '03

21 Sep '03

At 06:27 PM 9/20/03 -0700, Eric Cordian wrote: >News services are reporting that US Troops, who have been holding regular >drunken parties at the Baghdad Zoo, have shot and killed the Zoo's rare >Bengal tiger. 1. The grunt found out that cats have no alpha cats 2. Nothing like boozing it up in a Moslem (ex)nation. At *least* the grunt wasn't *stoned* on cannabis or something evil like that. At 10:04 PM 9/9/03 -0500, Harmon Seaver wrote: > We have three or four distinct groups of cats living here that we feed. Two >in the house, two in the garage/greenhouse who once lived in the house but could >not resolve the dominance issue between one male in the house and one alpha >female now in the greenhouse. Then there are the more or less permanent two >females that live on and under the front porch, who also have serious unresolved >issues with the Mama Fritz of the greenhouse (who does get outside during the >day). Dominance also goes down the line, watching the 3 young offspring of one >of the porch ladies makes that pretty clear, one of those bosses the other two, <snip> Do you use PROMIS for Felines or the latest Orion Scientific codes to manage these relationships? Just curious; Ellison is on the phone trying to sell Oracle ID for cats. ..... If the chinese muslim priestgrunt was spying for Usama, maybe Wen-Ho was selling bahklava recipes to Saddam?

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Neo-Cons, Fundies, Feddies,Con-Artists (was re: "Useless Eaters")
by R. A. Hettinga 21 Sep '03

21 Sep '03

The "other context", more or less... Cheers, RAH who's hanging out on the irtheory list for no good reason and is, apparently, Ruthless Machiavellian... :-). ------- <http://www.transnational.org/pressinf/2003/pf189_NeoconsConartists.html> PressInfo 189, Neo-Cons, Fundies, Feddies, and Con-Artists PressInfo # 189 September 18, 2003 By Francis A. Boyle , TFF Associate Originally posted on the 'AALS Section on Minority Grps. mailing list' It is now a matter of public record that immediately after the terrible tragedy of 11 September 2001, U.S. Secretary of War Donald Rumsfeld and his pro-Israeli "Neoconservative" Deputy Paul Wolfowitz began to plot, plan, scheme and conspire to wage a war of aggression against Iraq by manipulating the tragic events of September 11th in order to provide a pretext for doing so.(1) Of course Iraq had nothing at all to do with September 11th or supporting Al-Qaeda. But that made no difference to Rumsfeld, Wolfowitz, their Undersecretary of War Douglas Feith, Undersecretary of State John Bolton, and the numerous other pro-Israeli Neo-Cons inhabiting the Bush Jr. administration. These pro-Israeli Neo-Cons had been schooled in the Machiavellian/Nietzschean theories of Professor Leo Strauss who taught political philosophy at the University of Chicago in its Department of Political Science. The best exposN of Strauss's pernicious theories on law, politics, government, for elitism, and against democracy can be found in two scholarly books by the Canadian Professor of Political Philosophy Shadia B. Drury.(2) I entered the University of Chicago in September of 1968 shortly after Strauss had retired. But I was trained in Chicago's Political Science Department by Strauss's foremost protNgN, co-author, and later literary executor Joseph Cropsey. Based upon my personal experience as an alumnus of Chicago's Political Science Department (A.B., 1971, in Political Science), I concur completely with Professor Drury's devastating critique of Strauss. I also agree with her penetrating analysis of the degradation of the American political process that has been inflic! ted by Chicago's Straussian Neo-Con cabal. (3) The University of Chicago routinely trained me and innumerable other students to become ruthless and unprincipled Machiavellians. That is precisely why so many neophyte Neo-Con students gravitated towards the University of Chicago or towards Chicago Alumni at other universities. Years later, the University of Chicago became the "brains" behind the Bush Jr. Empire and his Ashcroft Police State. Attorney General John Ashcroft received his law degree from the University of Chicago in 1967. Many of his lawyers at the Bush Jr. Department of Injustice are members of the right-wing, racist, bigoted, reactionary, and totalitarian Federalist Society (aka "Feddies"), (4) which originated in part at the University of Chicago. Feddies wrote the USA Patriot Act (USAPA) I and the draft for USAPA II, which constitute the blueprint for establishing an American Police State. (5) Meanwhile, the Department of Injustice's own F.B.I. is still covering up the U.S. governmental origins of the post! 11 September 2001 anthrax attack on Washington D.C. that enabled Ashcroft and his Feddies to stampede the U.S. Congress into passing USAPA I into law. (6) Integrally related to and overlapping with the Feddies are members of the University of Chicago "School" of Law-and-Kick-Them-in-the-Groin-Economics (e.g., Richard Posner, Frank Easterbrook, Richard Epstein,etc.), which in turn was founded upon the Market Fundamentalism of Milton Friedman, now retired but long-time Professor of Economics at the University of Chicago. Friedman and his "Chicago Boys" have raped, robbed, looted, plundered, and pillaged economies and their respective peoples all over the developing world. (7) This Chicago gang of academic con-artists and charlatans are proponents of the Nazi Doctrine of "useless eaters." Pursuant to Friedman's philosophy of Market Fundamentalism, the "privatization" of Iraq and its Oil Industry are already underway for the primary benefit of the U.S. energy companies (e.g., Halliburton, formerly under Vice President Dick Cheney) that had already interpenetrated the Bush Jr. administration as well as the Bush Family itself. Enron! . Although miseducated (8) at Yale and Harvard Business School, the "Ivies" proved to be too liberal for Bush Jr. and his fundamentalist Christian supporters, whose pointman and spearcarrier in the Bush Jr. administration was Ashcroft, a Fundie himself. The Neo-Cons and the Fundies contracted an "unholy alliance" in support of Bush Jr. For their own different reasons, both gangs also worked hand-in-hand to support Israel's genocidal Prime Minister Ariel Sharon, an internationally acknowledged war criminal. (9) According to his own public estimate and boast before the American Enterprise Institute, President Bush Jr. hired about 20 Straussians to occupy key positions in his administration, intentionally taking offices where they could push American foreign policy in favor of Israel and against its chosen enemies such as Iraq, Iran, Syria, and the Palestinians. (10) Most of the Straussian Neo-Cons in the Bush Jr. administration and elsewhere are Israel-firsters: What is "good" for Israel is by definition "good" for the United States. Dual loyalties indeed. (11) In addition, it was the Chicago Straussian cabal of pro-Israeli Neo-Cons who set up a special "intelligence" unit within the Pentagon that was responsible for manufacturing many of the bald-faced lies, deceptions, half-truths, and sheer propaganda that the Bush Jr. administration then disseminated to the lap-dog U.S. news media (12) in order to generate public support for a war of aggression against Iraq for the benefit of Israel and in order to steal Iraq's oil. (13) To paraphrase advice Machiavelli once rendered to his Prince in Chapter XVIII of that book: Those who want to deceive will always find those willing to be deceived. (14) As I can attest from my personal experience as an alumnus of the University of Chicago Department of Political Science, the Bible of Chicago's Neo-Con Straussian cabal is Machiavelli's The Prince . We students had to know our Machiavelli by heart and rote at the University of Chicago. As for the University of Chicago overall, its biblical Gospel is Allan Bloom's The Closing of the American Mind (1987). (15) Of course Bloom was another protNgN of Strauss, as well as a mentor to Wolfowitz. In his Bloom-biographical novel Ravelstein (2000) Saul Bellow, formerly on the University of Chicago Faculty, outed his self-styled friend Bloom as a hedonist, pederast, and most promiscuous homosexual who died of AIDS. All this was common knowledge at the University of Chicago, where Bloom is still worshiped and his elitist screed against American higher-education still revered on a pedestal. In Ravelstein Wolfowitz appeared as Bloom's protNgN Philip Gorman, leaking national security secrets to his mentor during the Bush Sr. war against Iraq. Strauss hovered around the novel as Bloom's mentor and guru Professor Davarr. Strauss/Davarr is really the Nminence grise of Ravelstein . With friends like Bellow, Bloom did not need enemies. On the basis of Ravelstein alone, Wolfowitz warrants investigation by the F.B.I. Just recently the University of Chicago officially celebrated its Bush Jr. Straussian Neo-Con cabal, highlighting Wolfowitz Ph.D. '72, Ahmad Chalabi, Ph.D. '69 (the CIA's Iraqi puppet), Abram Shulsky, A.M. '68, Ph.D. '72 (head of the Pentagon's special "intelligence" unit), Zalmay Khalilzad, Ph.D. '79 (Bush Jr's roving pro-consul for Afghanistan and then Iraq), as well as faculty members Bellow, X '39, and Bloom, A.B. '49, A.M. '53, Ph.D. '55, together with Strauss. According to the University of Chicago Magazine , Bloom's rant "helped popularize Straussian ideals of democracy." (16) It is correct to assert that Bloom's book helped to popularize Straussian "ideas," but they were blatantly anti-democratic, Machiavellian, Nietzschean, and elitist to begin with. Only the University of Chicago would have the unmitigated Orwellian gall to publicly assert that Strauss and Bloom cared one whit about democracy, let alone comprehended the "ideals of democracy." Does anyone seriously believe that a pro-Israeli Chicago/Strauss/Bloom product such as Wolfowitz could care less about democracy in Iraq? Or for that matter anyone in the Bush Jr. administration? After they stole the 2000 presidential election from the American People in Florida and before the Republican-controlled U.S. Supreme Court, some of whom were Feddies? (17) Justice Clarence Thomas is a Straussian to boot. (18) At the behest of its Straussian Neo-Con Political Science Department, in 1979 the entire University of Chicago went out of its way to grant the "first Albert Pick Jr. Award for Outstanding Contributions to International Understanding" to Robert "Mad Bomber" McNamara. (19) In other words, the University of Chicago itself maliciously strove to rehabilitate one of the greatest international war criminals in the post-World War II era. (20) Do not send your children to the University of Chicago where they will grow up to become warmongers like Wolfowitz or totalitarians like Ashcroft! The University of Chicago is an intellectual and moral cesspool. Endnotes 1. See, e.g., Rahul Mahajan, Full Spectrum Dominance 108 (2003). 2. Shadia B. Drury, The Political Ideas of Leo Strauss (1988); Leo Strauss and the American Right (1999). See also Alain Frachon & Daniel Vernet, The Strategist and the Philosopher: Leo Strauss and Albert Wohlstetter , Le Monde, April 16, 2003, translated into English by Norman Madarasz on Counterpunch.org., June 2, 2003. 3. See also David Brock, Blinded by the Right (2002). 4. George E. Curry & Trevor W. Coleman, Hijacking Justice , Emerge, October 1999, at 42; Jerry M. Landay, The Conservative Cabal That's Transforming American Law , Washington Monthly, March 2000, at 19; People for the American Way, The Federalist Society (August 2001); Institute for Democracy Studies, The Federalist Society and the Challenge to a Democratic Jurisprudence (January 2001). 5. Francis A. Boyle, Bush's Banana Republic , Counterpunch.org, Oct. 11, 2002. 6. Francis A. Boyle, Biowarfare, Terror Weapons and the U.S.: Home Brew? , Counterpunch.org, April 25, 2002. 7. See Greg Palast, The Best Democracy Money Can Buy (2003), at 5 et seq. 8. See Chomsky on Miseducation (Donald Macedo ed. 2000). 9. Francis A. Boyle, Take Sharon to The Hague , Counterpunch.org, June 6, 2002. 10. White House Press Release, President Discusses the Future of Iraq , Washington Hilton Hotel, Feb. 26, 2003. 11. Nasser H. Aruri, Dishonest Broker, 193-216 (2003). See also Tanya Reinhart, Israel/Palestine (2002); Cheryl A. Rubenberg, The Palestinians (2003). 12. Norman Solomon, The Habits of Highly Deceptive Media (1999); Noam Chomsky, Media Control (1997). 13. Seymour M. Hersh, Selective Intelligence , New Yorker, May 8, 2003; Michael Lind, T he Weird Men Behind George W. Bush's War , New Statesman - London, April 7, 2003; Julian Borger, The Spies Who Pushed for War , The Guardian, July 17, 2003. 14. Machiavelli, The Prince 147 (M. Musa trans. & ed. 1964): ". . . and men are so simple-minded and so dominated by their present needs that one who deceives will always find one who will allow himself to be deceived." This Bilingual Edition of The Prince by Mark Musa was the one preferred by Joseph Cropsey to teach us students. 15. But see Lawrence W. Levine, The Opening of the American Mind (1996). 16. Between the Lines , University of Chicago Magazine, June 2003, at 54 17. Vincent Bugliosi, The Betrayal of America (2001); Greg Palast, The Best Democracy Money Can Buy 11-81 (2003). 18. Gerhard Sporl, The Leo-Conservatives , Der Spiegel, Aug. 4, 2003. 19. McNamara Receives Pick Award Amid Protests , University of Chicago Magazine, Summer 1979, at 4. 20. Noam Chomsky, Rethinking Camelot (1993); Robert S. McNamara, In Retrospect (1995). ' TFF 2003 Tell a friend about this article Send to: From: Message and your name You are welcome to reprint, copy, archive, quote or re-post this item, but please retain the source. Would you - or a friend - like to receive TFF PressInfo by email? SPECIALS Photo galleries Nonviolence Forum TFF News Navigator Become a TFF Friend TFF Online Bookstore Reconciliation project Make an online donation Foundation update and more TFF Peace Training Network Make a donation via bank or postal giro Menu below Home New PressInfo TFF Forums Features Publications Kalejdoskop Links The Transnational Foundation for Peace and Future Research Vegagatan 25, S - 224 57 Lund, Sweden Phone + 46 - 46 - 145909 Fax + 46 - 46 - 144512 http://www.transnational.org comments(a)transnational.org ' TFF 1997-2003 -- ----------------- R. A. Hettinga <mailto: rah(a)ibuc.com> The Internet Bearer Underwriting Corporation <http://www.ibuc.com/> 44 Farquhar Street, Boston, MA 02131 USA "... however it may deserve respect for its usefulness and antiquity, [predicting the end of the world] has not been found agreeable to experience." -- Edward Gibbon, 'Decline and Fall of the Roman Empire'

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"Useless Eaters"
by R. A. Hettinga 21 Sep '03

21 Sep '03

I'm shocked, simply shocked, to have the origin of the term "useless eaters" pointed out to me in another context: http://www.google.com/search?q=%22useless+eaters%22+nazi&ie=UTF-8&oe=UTF-8 "A good artist borrows. A great one steals." --Pablo Picasso Cheers, RAH -- ----------------- R. A. Hettinga <mailto: rah(a)ibuc.com> The Internet Bearer Underwriting Corporation <http://www.ibuc.com/> 44 Farquhar Street, Boston, MA 02131 USA "When the hares made speeches in the assembly and demanded that all should have equality, the lions replied, "Where are your claws and teeth?" -- attributed to Antisthenes in Aristotle, 'Politics', 3.7.2

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Do Police Need A Warrant In Order To Use Global Positioning System Technology?
by R. A. Hettinga 21 Sep '03

21 Sep '03

<http://writ.news.findlaw.com/scripts/printer_friendly.pl?page=/aronson/2003…> FindLaw's Writ - Aronson: ---- Do Police Need A Warrant In Order To Use Global Positioning System Technology? A Recent Washington Court Said Yes, But It's Wrong By BARTON ARONSON baronson(a)findlaw.com ---- Wednesday, Sep. 17, 2003 Last week, the Supreme Court of Washington became one of the first states to address whether, when the police use Global Positioning System (GPS) technology to track a suspect's movements, they need a warrant to do so. The Court held the answer was yes. Like many search and seizure cases, State v. Jackson is an awkward attempt to fit new law enforcement techniques into old jurisprudential boxes. This time, the Court would have been better off paying more attention to the boxes: in finding that the police did need a warrant, the court seem transfixed by the novelty of the technological to the exclusion of the rights it was supposed to be protecting. The Facts of Jackson In October 1999, William Jackson reported that his nine-year-old daughter was missing from his home. Suspicion quickly focused on Jackson himself, but the police lacked the evidence for an arrest. They did, however, have enough for warrants to search Jackson's vehicles, which were duly impounded by the Spokane police. Before returning Jackson's 1995 Ford pickup, the police sought and were granted a warrant to attach a Global Positioning System (GPS) device to the truck. The device allowed the police to track Jackson's movements without any effort greater than logging onto their computers and downloading the GPS device's data stream. They returned the truck to Jackson, but did not tell him that the devices had been installed. The first warrant was for ten days, which the judge extended for ten more. During that time, the police used the GPS device to track Jackson's vehicle to two remote locations and a storage unit. At one of those remote locations, the police found plastic bags, duct tape, and hair and blood samples. At the other, they found Jackson's daughter buried in a shallow grave. Jackson was convicted of first-degree murder. Washington Law on Search and Seizure On appeal, Jackson argued that the police did not have probable cause for the warrant. In so doing, he invoked a provision of the Washington state constitution that differs from - and is more protective of privacy than - the Fourth Amendment of the U.S. Constitution. An intermediate court ruled that the police didn't need a warrant for the GPS device, and so never decided whether there was probable cause; the Washington Supreme Court ruled that the police did, in fact, need the warrant, but ruled that it was supported by probable cause. While Washington is one of the first states to address this issue, it won't be the last. And apart from the precise technology at issue, the dispute between the state's appellate courts illustrates two different approaches to the intersection of technological innovation and the law of search and seizure. The Law of Search and Seizure and the Definition of a "Search" There is no "right to privacy" in the U.S. Constitution - at least, not in so many words. But the Fourth Amendment, which forbids "unreasonable searches and seizures," has long been understood to protect our reasonable expectations of privacy by requiring law enforcement, before violating those expectations and trenching on that privacy, to get a warrant. By interposing a neutral party - a judge - between law enforcement and the rest of us, the warrant requirement is supposed to ensure public order while preventing abuses of executive power. But the police only need a warrant if they conduct a "search." And as the law stands, there is no search if all the police do is see what you, voluntarily, expose to public viewing. So, if you keep your collection of roach clips and rolling papers safely under lock and key indoors, the police would need a warrant to go into your home and look for it. But if, having decided to kick the habit, you hold a sale in your front yard and put your drug paraphernalia in bins marked "$1," $2," and so on, and the police walk by to inspect the merchandise, they've conducted no "search" in finding your stuff. All of William Jackson's movements that were tracked by the GPS device were "public," in the sense that other people could have watched them without entering private homes or property. If the police had decided to follow Jackson in their cruisers as he drove to his storage locker and his daughter's grave, he could not have forbidden the police from following him or demanded to see a warrant. He drove on public roads, and went to public - albeit remote - places. Changing Technology and Changing Search and Seizure Law But the police didn't just follow Jackson - they tracked him using relatively new and sophisticated technology. Most people are vaguely aware of GPS technology, but it's probably fair to say Jackson, like almost all of the rest of us, has not pondered its uses in monitoring the movements of crime suspects. It would not be surprising to learn that the notion that his truck had a homing device never entered Jackson's mind. Search and seizure law has always accounted for technological innovations. If you "hide" your drug paraphernalia by putting it on your front door step at night, you could, conceivably, tell the judge that you reasonably expected privacy because, after all, it was dark and no one could see it. But if the police walk by and shine a flashlight on your stuff, the judge is likely to find they conducted no "search" at all. While the opinions in this area are by no means a model of consistency, the mantra for the courts is that technology may enhance an officer's senses without resulting in a search. But if the technology intrudes where the officer's senses could never go (think of a wiretap), then the officer will need a warrant. Old Categories, New Technologies, and the Conviction of William Jackson William Jackson's case is one of many at the intersection where our expectations of privacy meet new technologies. On the one hand, everything Jackson did was, in one sense, "public." On the other, the police detected his movements using unusual and sophisticated means, and the court was clearly troubled by the complete picture of Jackson's life that the GPS device could generate by comprehensively tracking his movements. Finally, the Court saw this distinction: "the GPS device does not merely augment the officers' senses, but rather provides a technological substitute for traditional visual tracking." How to resolve the tension? The answer will vary from case to case, but here, the state supreme court seems to have fixated on the technology and forgotten the interests involved. Start with the notion that there is no question, none at all, that the police can follow your movements in public. They can do so, moreover, while trying to conceal their identity, by driving in unmarked cars, not following too closely, and regularly switching vehicles. And they can certainly do it for a couple of weeks before you'd have any legal right to complain. If the sheriff's office had tracked William Jackson this way, his appeal would have merited a single paragraph from the courts of appeals rather than two lengthy opinions. Jackson, of course, hoped his movements would go undetected - that's why he buried his daughter in the woods rather than on his own property or some more public place. But he had no reasonable expectation of privacy in the woods. He didn't own the property and could not prevent others from following him there or finding it on their own. Whatever his hopes, they were not legitimate expectations in the sense that he could do anything to ensure the privacy he craved. All of this focuses on Jackson's expectations, because that's what matters. The state supreme court forgot that when it noted that "it is unlikely that the sheriff's department could have successfully maintained uninterrupted 24-hour surveillance." Predicating our expectations on the limited resources of law enforcement is a bad idea, for several reasons. The police have nearly unfettered discretion in deciding how to use their resources. Some crimes will have higher priorities than others; here, for example, Jackson's daughter was missing ,and therefore possibly still alive. What expectations would be "reasonable" under these circumstances? Would the result be different if the GPS device had led the police to Jackson's daughter's body in the first 24 hours? Moreover, the supreme court just might be wrong about whether the police could pull this off. Sometimes the police do try to follow people for days or weeks on end, and sometimes they succeed. Sometimes the police are in the right place at the right time; often they are not. But since most crime will go undetected most of the time, it is difficult to see how this scrutiny on police resources will lead to intelligible rules for determining when the police have conducted a search and when they have not. Fortunately, guessing about what the police can or cannot do - a fruitless inquiry - is not how we protect privacy rights. The state supreme court should have stayed focused on what mattered: Jackson's expectations. None of this is intended to take lightly the extraordinary power that police have to use - and abuse - in the pursuit of crime. And there is nothing wrong, in principle, with a court saying that when technologies race ahead of our expectations, the police may need a warrant while we get used to the notion - if we get used to the notion - that we've lost a little bit more privacy. But the word "technology" is not to be incanted by courts as a reason for abandoning basic principles of search and seizure law. And one of those principles is that, as a matter of law, you cannot hide in plain sight. Barton Aronson is an attorney in Washington, D.C.. Prior to that, he was a prosecutor in Washington, D.C., and an Assistant District Attorney in Massachusetts. The opinions expressed in this article are his own. Company |Privacy Policy |Disclaimer Copyright ' 1994-2003 Find Law -- ----------------- R. A. Hettinga <mailto: rah(a)ibuc.com> The Internet Bearer Underwriting Corporation <http://www.ibuc.com/> 44 Farquhar Street, Boston, MA 02131 USA "... however it may deserve respect for its usefulness and antiquity, [predicting the end of the world] has not been found agreeable to experience." -- Edward Gibbon, 'Decline and Fall of the Roman Empire'

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Weekly Hangar 18 Social
by Jim Choate 21 Sep '03

21 Sep '03

Asymmetric Clustering... Distributed Name Space... Global Sign-on... Guerrilla Networking... Open Source Technology... Do these words make your heart beat faster and your breath go shallow? If so then perhaps you should become involved with Hangar 18. We are a tit-for-tat group of computer hobbyist of a wide range of skills intent on building the next computing infra-structure using Open Source technology. We don't focus on any one form of technology but instead focus on real world applications in grid or large scale distributed computing. Time: Oct. 25, 2003 (last Thu. of month) Every Thursday, excluding national holidays 7:00 - 9:00 pm (or later) http://open-forge.org Location: The location varies from week to week so be sure to check with an active Hangar 18 member (or join the mailing list!) for more information. The last Thursday of each month we meet at the Robot Group. Please contact them directly for directions, per their request. http://robotgroup.net Identification: We'll be the group with the Plan 9 stuff...;) Homepage: http://open-forge.org/hangar18/ Mailing List: Send 'majordomo(a)open-forge.org' an email which has in the body 'subscribe hangar18-general' and nothing else. You should be subscribed to the list and recieve a notification back from the server. There are a variety of mailing lists currently available. Internet Relay Chat: kraken.open-forge.org 6667 The Open Forge group tries to meet each evening at 10PM (Austin, Tx.). The server is available for use 24/365. Austin Contacts: Open Forge, LLC helpdesk: 512-695-4126 (24/365) vmb: 512-451-7087 help(a)open-forge.com Events & News: There is a 1st Saturday Sale road trip scheduled for Oct. 4. We'll be starting a re-write of the installation How To over the next week or so. Look for it around the first couple of Oct.

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